Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Item #09 Approval of the Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2016
ocoee florida AGENDA ITEM COVER SHEET Meeting Date: June 21, 2016 Item # e ey: Contact Name: Lt. Michael Bryant l epart ent Director: Chief C•arses J : own Contact Number: 407.905.3160 x 3022 City Manager: Rob Frank / -rte. Subject: Edward Byrne Memorial Justice Assistance Grant (JAG ' 21 6 Background Summary: The U.S. Department of Justice (DOJ), Office of Justice Programs' (OJP) Bureau of Justice Assistance (BJA)was seeking applications for funding under the Edward Byrne Memorial Justice Assistance Grant(JAG) Program. This program furthers the Department's mission by assisting state, local, and tribal efforts to prevent or reduce crime and violence. The amount of$11,342 was made available for the City of Ocoee Police Department through the Edward Byrne Memorial Justice Assistance Grant(JAG). Staff recommends this money be applied to the purchase of a one time, Permanent GIS ADVANCED LICENSE and a CANON 44" COLOR PLOTTER with 3 years of PLOTTER MAINTENANCE. The police department has recently obtained a Crime View extension that operates within GIS. The department's Crime Analyst uses this program on a daily basis to perform many simple and complex analyses of the city's crime and/or crime trends, as well as other complex administrative analysis. A GIS ADVANCED LICENSE will allow significant capabilities that are vital for the position of crime analyst such as; advanced data analysis and modeling, feature creation and manipulation, field editing and more. The CANON COLOR PLOTTER will maximize the use of the GIS license, and the ability of the analyst. The necessary details in maps created cannot be seen when printed in small format, therefore it is necessary to print on a large format plotter for the detailed maps to be useable. It will further provide the ability to develop comprehensive analytical tools for officer/officer safety and administrative use. Issue: Should the Honorable Mayor and Board of City Commissioners authorize the City of Ocoee Police Department to accept the $11,342 grant and purchase a GIS ADVANCED LICENSE and a CANON 44" COLOR PLOTTER with 3 years of PLOTTER MAINTENANCE? The estimated cost prior is $12,150 based on research. The difference to be paid by the City would be $808.00. r : Recommendations Staff recommends that the Honorable Mayor and Board of City Commissioners authorize the Ocoee Police Department to accept the $11,342 grant and purchase a GIS ADVANCED LICENSE and a CANON 44" COLOR PLOTTER with 3 years of PLOTTER MAINTENANCE. Attachments: Edward Byrne Memorial Justice Assistance Grant (JAG) FY 2016 and local allocation sheet. Quotes and specifications for use for GIS ADVANCED LICENSE and CANON COLOR PRINTER. Financial Impact: $11,342 available to the City of Ocoee Police Department to expend on GIS ADVANCED LICENSE and a CANON 44" COLOR PLOTTER with 3 years of PLOTTER MAINTENANCE. No matching funds are required for this grant; however, the total cost of the GIS ADVANCED LICENSE and a CANON 44" COLOR PLOTTER with 3 years of PLOTTER MAINTENANCE is $12,150. The $808.00 difference will come from the police department operating budget, and the purchase will be processed after October 1, 2016. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance ` . - N/A Reviewed by N/A 2 Y Listed below are all jurisdictions in the state that are eligible for FY 2016 JAG funding,as determined by the JAG formula.For additional details regarding the JAG formula and award calculation process,with examples,please refer to the updated JAG Technical report here: http://www.bjs.gov/content/pub/pdf/jagpl5.pdf and current JAG Frequently Asked Questions here:https://www.bja.gov/Funding/JAGFAQ.pdf Finding your jurisdiction: (1)Disparate jurisdictions are listed in shaded groups below,in alphabetic order by county. (2) Eligible individual allocations are listed alphabetically below the shaded,disparate groupings. (3) Counties that have an asterisk(*)under the"Eligible Individual Allocation"column did not submit the level of violent crime data to qualify for a direct award from BJA,but are in the disparate grouping indicated by the shaded area.The JAG legislation requires these counties to remain a partner with the local jurisdictions receiving funds and must be a signatory on the required Memorandum of Understanding(MOU).A sample MOU is provided online at: https://www.bja.gov/Funding/JAGMOU.pdf.Disparate jurisdictions do not need to abide by the listed individual allocations,which are provided for information only.Jurisdictions in a funding disparity are responsible for determining individual amounts within the Eligible Joint Allocation and for documenting individual allocations in the MOU. FL BROWARD COUNTY County $22,657 FL CORAL SPRINGS CITY Municipal $17,244 FL DANIA BEACH CITY Municipal $14,306 FL DAVIE TOWN Municipal $24,024 FL DEERFIELD BEACH CITY Municipal $26,653 FL FORT LAUDERDALE CITY Municipal $111,972 FL HALLANDALE BEACH CITY Municipal $20,776 FL HOLLYWOOD CITY Municipal $53,976 FL LAUDERDALE LAKES CITY Municipal $24,178 FL LAUDERHILL CITY Municipal $38,845 FL MARGATE CITY Municipal $10,130 FL MIRAMAR CITY Municipal $36,860 FL NORTH LAUDERDALE CITY Municipal $15,079 FL OAKLAND PARK CITY Municipal $22,116 FL PEMBROKE PINES CITY Municipal $20,363 FL PLANTATION CITY Municipal $23,224 FL POMPANO BEACH CITY Municipal $70,833 FL SUNRISE CITY Municipal $19,899 FL TAMARAC CITY Municipal $14,641 $587,776 FL LEON COUNTY County $25,312 FL TALLAHASSEE CITY Municipal $122,128 $147,440 FL PINELLAS COUNTY County $72,535 FL ST PETERSBURG CITY Municipal $174,944 $247,479 FL ST LUCIE COUNTY County $20,570 FL FORT PIERCE CITY Municipal $39,180 $59,750 FL ALACHUA COUNTY County $43,536 FL ALTAMONTE SPRINGS CITY Municipal $11,496 FL APOPKA CITY Municipal $12,708 FL BAY COUNTY County $25,415 FL BELLE GLADE CITY Municipal $24,797 FL BOCA RATON CITY Municipal $12,785 FL BOYNTON BEACH CITY Municipal $29,488 S.: FL BRADENTON CITY Municipal $26,550 FL BREVARD COUNTY County $64,544 FL CAPE CORAL CITY Municipal $17,219 FL CASSELBERRY CITY Municipal $11,470 FL CHARLOTTE COUNTY County $26,859 FL CITRUS COUNTY County $37,762 FL CLAY COUNTY County $43,433 FL CLEARWATER CITY Municipal $51,192 FL COCOA CITY Municipal $24,384 FL COLLIER COUNTY County $61,941 FL COLUMBIA COUNTY County $20,080 FL CRESTVIEW CITY Municipal $12,734 FL DAYTONA BEACH CITY Municipal $59,750 FL DE LAND CITY Municipal $10,826 FL DELRAY BEACH CITY Municipal $35,468 FL ESCAMBIA COUNTY County $141,950 FL FLAGLER COUNTY County $16,239 FL FLORIDA CITY Municipal $23,817 FL FORT MYERS CITY Municipal $58,641 FL GAINESVILLE CITY Municipal $63,771 FL GREENACRES CITY Municipal $17,605 FL HENDRY COUNTY County $16,523 FL HERNANDO COUNTY County $33,767 FL HIALEAH CITY Municipal $60,987 FL HIGHLANDS COUNTY County $18,198 FL HILLSBOROUGH COUNTY County $156,694 FL HOMESTEAD CITY Municipal $72,792 FL INDIAN RIVER COUNTY County $23,482 FL JACKSONVILLE BEACH CITY Municipal $11,445 FL JACKSONVILLE CITY Municipal $419,845 FL KEY WEST CITY Municipal $15,208 FL KISSIMMEE CITY Municipal $39,953 FL LAKE CITY Municipal $13,765 FL LAKE COUNTY County $33,123 FL LAKE WORTH CITY Municipal $34,437 FL LAKELAND CITY Municipal $35,520 FL LARGO CITY Municipal $27,942 FL LEE COUNTY County $96,378 FL LEESBURG CITY Municipal $12,656 FL MANATEE COUNTY County $115,736 FL MARION COUNTY County $86,248 FL MARTIN COUNTY County $22,477 FL MELBOURNE CITY Municipal $49,645 FL MIAMI BEACH CITY Municipal $70,962 i FL MIAMI CITY Municipal $367,931 FL MIAMI GARDENS CITY Municipal $66,709 FL MIAMI-DADE COUNTY County $481,347 FL MONROE COUNTY County $15,028 FL NORTH MIAMI BEACH CITY Municipal $24,977 FL NORTH MIAMI CITY Municipal $42,222 FL OCALA CITY Municipal $27,503 FL OCOEE CITY Municipal $11,342 FL OKALOOSA COUNTY County $45,779 FL OKEECHOBEE COUNTY County $11,522 FL OPA-LOCKA CITY Municipal $34,179 FL i ORANGE COUNTY County $405,024 FL ORLANDO CITY Municipal $184,662 FL ORMOND BEACH CITY Municipal $10,826 FL OSCEOLA COUNTY County $55,754 FL PALM BAY CITY Municipal $41,345 FL PALM BEACH COUNTY County $160,148 FL PALM SPRINGS VILLAGE Municipal $10,646 FL PANAMA CITY Municipal $24,488 FL PASCO COUNTY County $90,552 FL PENSACOLA CITY Municipal $31,834 ■ FL PINELLAS PARK CITY Municipal $18,275 FL PLANT CITY Municipal $12,759 FL POLK COUNTY County $95,450 FL PORT ST LUCIE CITY Municipal $24,256 FL PUTNAM COUNTY County $26,137 FL RIVIERA BEACH CITY Municipal $30,365 FL r SANFORD CITY Municipal $31,576 FL SANTA ROSA COUNTY County $15,595 FL SARASOTA CITY Municipal $30,803 FL SARASOTA COUNTY County $44,361 FL SEMINOLE COUNTY County $44,258 FL ST CLOUD CITY Municipal $10,800 FL ST JOHNS COUNTY County $34,592 FL SUMTER COUNTY County $10,311 FL TAMPA CITY Municipal $163,396 FL TITUSVILLE CITY Municipal $22,915 FL VOLUSIA COUNTY County $55,187 FL WALTON COUNTY County $13,739 FL WEST PALM BEACH CITY Municipal $61,116 FL WINTER GARDEN CITY Municipal $13,842 FL WINTER HAVEN CITY Municipal $17,631 p r (T OMB No. 1121-0329 Approval Expires 12/31/2018 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance The U.S. Department of Justice (DOJ), Office of Justice Programs (OJP) Bureau of Justice Assistance(BJA) is seeking applications for funding under the Edward Byrne Memorial Justice Assistance Grant(JAG) Program. This program furthers the Department's mission by assisting state, local, and tribal efforts to prevent or reduce crime and violence. Edward Byrne Memorial Justice Assistance Grant (JAG) Program Fiscal Year (FY) 2016 Local Solicitation Applications Due: June 30, 2016 Eligibility Eligible applicants are limited to units of local government appearing on the FY 2016 JAG Allocations List. To view this list, go to www.bja.gov/programs/iag/16jagallocations.html. For JAG Program purposes, a unit of local government is a town, township, village, parish, city, county, borough, or other general purpose political subdivision of a state; or, it may also be a federally recognized Indian tribal government that perform law enforcement functions (as determined by the Secretary of the Interior). Otherwise a unit of local government may be any law enforcement district or judicial enforcement district established under applicable state law with authority to independently establish a budget and impose taxes. In Louisiana, a unit of local government means a district attorney or parish sheriff. Deadline Applicants must register in the OJP Grants Management System (GMS) prior to submitting an application for this funding opportunity. Registration is required for all applicants, even those previously registered in GMS. Select the"Apply Online" button associated with the solicitation title. All registrations and applications are due by due by 5:00 p.m. eastern time on June 30, 2016. For additional information, see How to Apply in Section D. Application and Submission Information. i f Y Contact Information For technical assistance with submitting an application, contact the Grants Management System Support Hotline at 888-549-9901, option 3 or via email at GMS.HelpDesk(a�usdoi.gov. The GMS Support Hotline hours of operation are Monday— Friday from 6:00 a.m. to midnight eastern time, except federal holidays. Applicants that experience unforeseen GMS technical issues beyond their control that prevent them from submitting their application by the deadline must email the contact identified below within 24 hours after the application deadline and request approval to submit their application. Additional information on reporting technical issues is found under"Experiencing Unforeseen GMS Technical Issues" in the How to Apply section. For assistance with any other requirement of this solicitation, contact the National Criminal Justice Reference Service (NCJRS) Response Center: toll-free at 1-800-851-3420; via TTY at 301-240-6310 (hearing impaired only); email qrantsncirs.qov; fax to 301-240-5830; or web chat at https://webcontact.ncirs.gov/ncjchat/chat.isp. The NCJRS Response Center hours of operation are 10:00 a.m. to 6:00 p.m. eastern time, Monday through Friday. You may also contact your State Policy Advisor. Release date: May 16, 2016 2 BJA-2016-9020 1P Contents A. Program Description 4 Overview 4 Program-Specific Information 4 Goals, Objectives, and Deliverables 7 Evidence-Based Programs or Practices 7 B. Federal Award Information 8 Type of Award 8 Financial Management and System of Internal Controls 9 Budget Information 10 Cost Sharing or Matching Requirement 11 Pre-Agreement Cost (also known as Pre-award Cost)Approvals 11 Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs 11 Costs Associated with Language Assistance (if applicable) 12 C. Eligibility Information 14 Limit on Number of Application Submissions 14 D. Application and Submission Information 14 What an Application Should Include 14 How to Apply 22 E. Application Review Information 24 Review Process 24 F. Federal Award Administration Information 25 Federal Award Notices 25 Administrative, National Policy, and other Legal Requirements 25 General Information about Post-Federal Award Reporting Requirements 26 G. Federal Awarding Agency Contact(s) 26 H. Other Information 26 Provide Feedback to OJP 26 Application Checklist 28 3 BJA-2016-9020 a Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2016 Local Solicitation (CFDA #16.738) A. Program Description Overview The Edward Byrne Memorial Justice Assistance Grant(JAG) Program (42 U.S.C. § 3751(a)) is the primary provider of federal criminal justice funding to state and local jurisdictions. The JAG Program provides states and units of local governments with critical funding necessary to support a range of program areas including law enforcement; prosecution and court programs; prevention and education programs; corrections and community corrections; drug treatment and enforcement; crime victim and witness initiatives; and planning, evaluation, and technology improvement programs. Program-Specific Information JAG funds may be used for state and local initiatives, technical assistance, strategic planning, research and evaluation (including forensics), data collection, training, personnel, equipment, forensic laboratories, supplies, contractual support, and criminal justice information systems that will improve or enhance such areas as: • Law enforcement programs. • Prosecution and court programs, including indigent defense. • Prevention and education programs. • Corrections, community corrections and reentry programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). Additionally, BJA reminds applicants that the JAG program allows funding for broadband deployment and adoption activities as they relate to criminal justice activities. JAG Priority Areas BJA recognizes that there are significant pressures on state and local criminal justice systems. In these challenging times, shared priorities and leveraged resources can make a significant impact. In light of this, it is important to make State Administering Agencies (SAAs) and local JAG recipients aware of several areas of priority that may be of help in maximizing the effectiveness of JAG funding at the state and local level. The following priorities represent key areas where BJA will be focusing nationally and encourages each state and local JAG recipient to join us in addressing these challenges as a part of our JAG partnership: Reducing Gun Violence Gun violence has touched nearly every state, local, and tribal government in America. BJA continues to encourage states and localities to invest valuable JAG funds in programs to combat gun violence, enforce existing firearms laws, and improve the process for ensuring that persons prohibited from purchasing or owning guns are prevented from doing so by enhancing reporting to the FBI's National Instant Criminal Background Check System(NICS). 4 BJA-2016-9020 p1 While our nation has made great strides in reducing violent crime, some municipalities and regions continue to experience unacceptable levels of violent crime at rates far in excess of the national average. In 2014, as part of BJA's longstanding commitment to support effective strategies to reduce violent crime, BJA launched the Violence Reduction Network (VRN). By the end of FY 2016, 10 VRN sites, working with a broad network of federal, state, and local partners, will be implementing data-driven evidence-based strategies to reduce deeply entrenched violent crime in their communities. States and localities can support VRN sites by investing JAG funds in technology, crime analysis, training, and community-based crime reduction programs in VRN communities. For information on VRN, see www.bja.gov/ProgramsNRN.html. Body-Worn Cameras, Storage, and Policies Law enforcement agencies across the country are equipping their officers with body-worn cameras (BWCs)to increase transparency and build community trust. The important benefits of BWCs, and the challenges in implementing BWC programs, are highlighted in several recent publications: see the Office of Justice Programs' Diagnostic Center report Police Officer Body- Worn Cameras:Assessing the Evidence, and the COPS Office and Police Executive Research Forum paper, Implementing A Body-Worn Camera Program: Recommendations and Lessons Learned. JAG funding is an important potential source of funding for law enforcement agencies implementing new BWC programs or enhancing existing programs. JAG funds may be used to purchase BWCs and for costs associated with the BWC program, such as storage and policy development. Similarly, SAAs are encouraged to use either their Variable Pass-Through (VPT) or their"less than $10,000"funding that is added into the state award to set aside funds to assist small departments in implementing BWC programs. Grantees who wish to use JAG funds to purchase BWC equipment, or to implement or enhance BWC programs, must certify that they or the law enforcement agency receiving the BWC funding have policies and procedures in place related to equipment usage, data storage, privacy, victims, access, disclosure, training, etc. A copy of the required BWC certification can be found at www.bja.gov/Funding/BodyWornCameraCert.pdf. The BJA BWC Toolkit provides model BWC policies, resources, and best practices to assist departments in implementing BWC programs. National Incident-Based Reporting System (NIBRS) The FBI has formally announced its intentions to establish NIBRS as the law enforcement(LE) crime data reporting standard for the nation. The transition to NIBRS will provide a more complete and accurate picture of crime at the national, state, and local level. Once this transition is complete, the FBI will no longer collect summary data and will only accept data in the NIBRS format and JAG awards will be based on submitted NIBRS data. Transitioning all law enforcement agencies to NIBRS is the first step in gathering more comprehensive crime data. State and local JAG grantees are encouraged to use JAG funds to expedite the transition to NIBRS in their jurisdictions. Justice System Reform and Reentry There is growing bipartisan support for Justice Systems Reform and Reentry. A promising approach to justice systems reform is the Justice Reinvestment Initiative (JRI), a public-private partnership between BJA and the PEW Public Safety Performance Project. Currently, 30 states have used the justice reinvestment process to control spiraling incarceration costs and reinvest 5 BJA-2016-9020 J � � r , in evidence-based criminal justice programs and strategies. Strategic investments of JAG funds to implement JRI legislation and policy changes in JRI states can augment federal funds and achieve greater cost savings and reinvestments in programs to promote public safety. For state- by-state information on JRI, please visit the JRI Sites web page. Over the past seven years, DOJ has partnered with state, local, and tribal agencies and national organizations to support hundreds of reentry programs across the country to provide job training, healthcare, housing, treatment, and other services to individuals returning to our communities from prisons and jails. The demand for effective reentry services remains high. More than 600,000 men and women leave our prisons every year and more than 11 million people cycle through our jails. Investments of JAG funds to support reentry efforts at the state and local level will pay dividends for returning citizens and for public safety in America. A summary of research-based reentry strategies is available on the National Reentry Resource Center's What Works in Reentry Clearinghouse along with a map identifying federally funded Second Chance Act Reentry programs at the state and local level. (See https://csgiusticecenter.orq/nrrc). Public Defense Another key priority area is support for improving public defense delivery systems. To support this priority in November 2015, BJA established the Right to Counsel National Consortium (www.rtcnationalcampaign.org ) to spearhead a national conversation on how to ensure the Sixth Amendment Right to Counsel for every individual. BJA continues to encourage states and SAAB to use JAG funds to ensure that no person faces the loss of liberty without first having the aid of a lawyer with the time, ability, and resources to present an effective defense. Currently, across the nation public defense reform is being supported by governors, state legislators, chief judges and local communities. Research shows that early appointment of counsel can decrease jail and prison stays and produce better outcomes for defendants and communities. Many of these successes are guided by the American Bar Association's Ten Principles of a Public Defense Delivery System, which are recommendations for government officials and other parties who are charged with improving public defense delivery systems (http://www.americanbar.org/content/dam/aba/administrative/legal aid indigent defendants/Is sclaid def tenprinciplesbooklet.authcheckdam.pdf). Improving Mental Health Services Many people with mental illness enter the criminal justice system without a diagnosis or with untreated mental illness. Screening and assessment is critical to identify and provide appropriate referrals to treatment. This is an issue that impacts numerous facets of the criminal justice system. BJA encourages states to utilize JAG funding in support of programs and policy changes aimed at identifying and treating people with severe mental illness to divert when appropriate, treat during incarceration, and engage in appropriate pre-release planning for the provision of community treatment(see JMHCP Resources). BJA provides training and technical assistance (TTA)to grantees and non-grantees (states,jurisdictions) to increase enrollment in health care plans (increase linkages to health care providers)that can increase access to treatment for improved mental health outcomes. Information can be found at www.bjatraining.org. DOJ Universal Accreditation w/Forensic Service Providers In 2015, the National Commission on Forensic Science (NCFS) announced recommendations on strengthening the field of forensic science. There are a number of key principles, which include promoting universal accreditation and finding ways to improve upon medical-legal 6 BJA-2016-9020 r investigative processes. For additional information on these recommendations, please review the New Accreditation Policies to Advance Forensic Science. The JAG program provides broad- based support to states and local jurisdictions across the nation in order to strengthen our criminal justice system, including the forensic sciences. As such, BJA encourages investments of JAG funds for programs and activities related to forensic work, including accreditation of forensic labs. Goals, Objectives, and Deliverables The Chief Executive Officer(CEO) of an eligible unit of local government or other officer designated by the CEO must submit the application for JAG funds. A unit of local government receiving a JAG award will be responsible for the administration of the funds including: distributing the funds; monitoring the award; submitting quarterly financial status (SF-425), performance metrics reports, and semi-annual programmatic reports; and providing ongoing oversight and assistance to any subrecipients of the funds. Evidence-Based Programs or Practices OJP strongly emphasizes the use of data and evidence in policy making, program development, and program implementation in criminal justice,juvenile justice, and crime victim services. OJP is committed to: • Improving the quantity and quality of evidence OJP generates • Integrating evidence into program, practice, and policy decisions within OJP and the field • Improving the translation of evidence into practice OJP considers programs and practices to be evidence-based when their effectiveness has been demonstrated by causal evidence, generally obtained through one or more outcome evaluations. Causal evidence documents a relationship between an activity or intervention (including technology) and its intended outcome, including measuring the direction and size of a change, and the extent to which a change may be attributed to the activity or intervention. Causal evidence depends on the use of scientific methods to rule out, to the extent possible, alternative explanations for the documented change. The strength of causal evidence, based on the factors described above, will influence the degree to which OJP considers a program or practice to be evidence-based. The OJP CrimeSolutions.qov website is one resource that applicants may use to find information about evidence-based programs in criminal justice,juvenile justice, and crime victim services. 1. A useful matrix of evidence-based policing programs and strategies is available through the Center for Evidence-Based Crime Policy at George Mason University. BJA offers a number of program models designed to effectively implement promising and evidence- based strategies through the BJA "Smart Suite" of programs including Smart Policing, Smart Supervision, Smart Pretrial, Smart Defense, Smart Prosecution, Smart Reentry and others (see httos://www.bja.gov/programs/crepe/smartsuite.htm). BJA encourages states to use JAG funds to support these "smart on crime" strategies, including effective partnerships with universities and research partners and with non-traditional criminal justice partners. BJA Success Stories The BJA Success Story web page was designed to identify and highlight projects that have demonstrated success or shown promise in reducing crime and positively impacting communities. This web page will be a valuable resource for states, localities, territories, tribes, 7 BJA-2016-9020 and criminal justice professionals who seek to identify and learn about JAG and other successful BJA-funded projects linked to innovation, crime reduction, and evidence-based practices. BJA strongly encourages the recipient to submit annual (or more frequent) success stories. If you have a Success Story you would like to submit, sign in to your My BJA account to access the Success Story Submission form. If you do not have a My BJA account, please register. Once you register, one of the available areas on your My BJA page will be "My Success Stories."Within this box, you will see an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page. B. Federal Award Information BJA estimates that it will make up to 1,161 local awards totaling an estimated $86.4 million. Awards of at least$25,000 are four years in length, and award periods will be from October 1, 2015 through September 30, 2019. Extensions beyond this period may be made on a case-by- case basis at the discretion of BJA and must be requested via GMS no less than 30 days prior to the grant end date. Awards of less than $25,000 are two years in length, and award periods will be from October 1, 2015 through September 30, 2017. Extensions of up to two years can be requested for these awards via GMS no less than 30 days prior to the grant end date, and will be automatically granted upon request. All awards are subject to the availability of appropriated funds and to any modifications or additional requirements that may be imposed by law. Eligible allocations under JAG are posted annually on BJA's JAG web page: www.bia.aov/ProgramDetails.aspx?Program ID=59. Type of Award' BJA expects that it will make any award from this solicitation in the form of a grant. JAG awards are based on a statutory formula as described below: Once each fiscal year's overall JAG Program funding level is determined, BJA partners with the Bureau of Justice Statistics (BJS)to begin a four-step grant award calculation process which consists of: 1. Computing an initial JAG allocation for each state and territory, based on their share of violent crime and population (weighted equally). 2. Reviewing the initial JAG allocation amount to determine if the state or territory allocation is less than the minimum ("de minimus") award amount defined in the JAG legislation (0.25 percent of the total). If this is the case, the state or territory is funded at the minimum level, and the funds required for this are deducted from the overall pool of JAG 1 See generally 31 U.S.C. §§6301-6305 (defines and describes various forms of federal assistance relationships, including grants and cooperative agreements [a type of grant]). 8 BJA-2016-9020 funds. Each of the remaining states receives the minimum award plus an additional amount based on their share of violent crime and population. 3. Dividing each state's final award amount (except for the territories and District of Columbia) between state and local governments at a rate of 60 and 40 percent, respectively. 4. Determining local unit of government award allocations, which are based on their proportion of the state's 3-year violent crime average. If a local eligible award amount is less than $10,000, the funds are returned to the state to be awarded to these local units of government through the state agency. If the eligible award amount is $10,000 or more, then the local government is eligible to apply for a JAG award directly from BJA. Financial Management and System of Internal Controls Award recipients and subrecipients (including any recipient or subrecipient funded in response to this solicitation that is a pass-through entity2) must, as described in the Part 200 Uniform Requirements set out at 2 C.F.R. 200.303: (a) Establish and maintain effective internal control over the Federal award that provides reasonable assurance that the recipient(and any subrecipient) is managing the Federal award in compliance with Federal statutes, regulations, and the terms and conditions of the Federal award. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States and the "Internal Control Integrated Framework," issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). (b) Comply with Federal statutes, regulations, and the terms and conditions of the Federal awards. (c) Evaluate and monitor the recipient's(and any subrecipient's) compliance with statutes, regulations, and the terms and conditions of Federal awards. (d) Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings. (e) Take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or pass-through entity designates as sensitive or the recipient(or any subrecipient) considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. In order to better understand administrative requirements and cost principles, applicants are encouraged to enroll, at no charge, in the Department of Justice Grants Financial Management Online Training available here. 2 For purposes of this solicitation (or program announcement), "pass-through entity" includes any entity eligible to receive funding as a recipient or subrecipient under this solicitation (or program announcement) that, if funded, may make a subaward(s)to a subrecipient(s)to carry out part of the funded program. 9 BJA-2016-9020 Budget Information Administrative Funds—Grant recipients may use up to 10 percent of the JAG award, including up to 10 percent of any earned interest, for costs associated with administering funds. Administrative funds (when utilized) must be tracked separately and recipients must report on SF-425s those expenditures that specifically relate to each grant number and established grant period. Additionally, recipients and subrecipients are prohibited from commingling funds on a program-by-program or project-by-project basis. More specifically, administrative funds under JAG are utilized for the same purpose each year(i.e., the administration of JAG funding) and therefore not considered separate programs/projects (commingling is not occurring)when utilized across all active JAG awards. Disparate Certification—A disparate allocation occurs when a city or municipality is allocated one-and-one-half times (150 percent) more than the county, while the county bears more than 50 percent of the costs associated with prosecution or incarceration of the municipality's Part 1 violent crimes. A disparate allocation also occurs when multiple cities or municipalities are collectively allocated four times (400 percent) more than the county, and the county bears more than 50 percent of the collective costs associated with prosecution or incarceration of each municipality's Part 1 violent crimes. Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicant/fiscal agent for joint funds must be completed and signed by the Authorized Representative for each participating jurisdiction. The signed MOU should be attached to the application. For a sample MOU, go to www.bia.gov/Funding/JAGMOU.pdf. Supplanting —Supplanting is prohibited under JAG. Applicants cannot replace or supplant non- federal funds that have been appropriated for the same purpose. See the JAG FAQs on BJA's JAG web page for examples of supplanting. Leveraging of Grant Funds—Although supplanting is prohibited, the leveraging of federal funding is encouraged. For example, a city may utilize JAG and Homeland Security Grant Program (HSGP) money to fund different portions of a fusion center project. In instances where leveraging occurs, all federal grant funds must be tracked and reported separately and may not be used to fund the same line items. Additionally, federal funds cannot be used as match for other federal awards. Trust Fund— Units of Local Government may draw down JAG funds in advance. To do so, a trust fund must be established in which to deposit the funds. The trust fund may or may not be an interest-bearing account. If subrecipients draw down JAG funds in advance, they also must establish a trust fund in which to deposit funds. This trust fund requirement does not apply to direct JAG award recipients or subrecipients that draw down on a reimbursement basis rather than in advance. 10 BJA-2016-9020 i a s Prohibited and Controlled Uses–The JAG Prohibited and Controlled Expenditures Guidance represents a combination of BJA-controlled items and those controlled under the Executive Order on "Federal Support for Local Law Enforcement Equipment Acquisition"that was signed on January 16, 2015. The guidance contains: 1. Table of all prohibited expenditures (strictly unallowable expenditures under JAG). 2. Table of all controlled expenditures (expenditures which require prior written approval from BJA under JAG; including UAV guidance checklist). 3. Controlled Expenditures Justification Template (must be completed and submitted for any JAG controlled expenditures request to be considered for approval by BJA). 4. Overall Controlled Expenditure/Equipment Guidance (should be reviewed in conjunction with the template prior to controlled expenditures request(s) being submitted to BJA). 5. Standards for State, Local and Tribal Law Enforcement Agencies for the Acquisition of Controlled Equipment with Federal Resources. Additional information on JAG controlled and prohibited expenditures, along with the process for requesting prior approval from BJA to expend funds on controlled items, can be found within the JAG FAQs. Cost Sharing or Matching Requirement This solicitation does not require a match. However, if a successful application proposes a voluntary match amount, and OJP approves the budget, the total match amount incorporated into the approved budget becomes mandatory and subject to audit. Pre-Agreement Cost(also known as Pre-award Cost) Approvals Pre-agreement costs are costs incurred by the applicant prior to the start date of the period of performance of the grant award. OJP does not typically approve pre-agreement costs; an applicant must request and obtain the prior written approval of OJP for all such costs. If approved, pre-agreement costs could be paid from grant funds consistent with a grantee's approved budget, and under applicable cost standards. However, all such costs prior to award and prior to approval of the costs are incurred at the sole risk of an applicant. Generally, no applicant should incur project costs before submitting an application requesting federal funding for those costs. Should there be extenuating circumstances that appear to be appropriate for OJP's consideration as pre- agreement costs, the applicant should contact the point of contact listed on the title page of this announcement for details on the requirements for submitting a written request for approval. See the section on Costs Requiring Prior Approval in the Financial Guide, for more information. Prior Approval, Planning, and Reporting of Conference/Meeting/Training Costs OJP strongly encourages applicants that propose to use award funds for any conference-, meeting-, or training-related activity to review carefully—before submitting an application—the OJP policy and guidance on conference approval, planning, and reporting available at www.ojp.gov/financialguide/DOJ/PostawardRequirements/chapter3.1 Oa.htm. OJP policy and guidance(1) encourage minimization of conference, meeting, and training costs; (2) require prior written approval (which may affect project timelines) of most conference, meeting, and training costs for cooperative agreement recipients and of some conference, meeting, and training costs for grant recipients; and (3) set cost limits, including a general prohibition of all food and beverage costs. 11 BJA-2016-9020 Costs Associated with Language Assistance (if applicable) If an applicant proposes a program or activity that would deliver services or benefits to individuals, the costs of taking reasonable steps to provide meaningful access to those services or benefits for individuals with limited English proficiency may be allowable. Reasonable steps to provide meaningful access to services or benefits may include interpretation or translation services where appropriate. For additional information, see the "Civil Rights Compliance" section under"Solicitation Requirements" in OJP's Funding Resource Center. Other JAG Requirements Compliance with Applicable Federal Laws Applicants for state and local JAG formula grants are required to certify compliance with all applicable federal laws at the time of application. In that regard, Members of Congress have asked the Department of Justice to examine whether jurisdictions with "sanctuary policies" (i.e., policies that either prevent law enforcement from releasing persons without lawful immigration status into federal custody for deportation, or that prevent state or local law enforcement from sharing certain information with Department of Homeland Security [DHS] officials), are in violation of 8 U.S.C. section 1373. All applicants should understand that if OJP receives information that indicates that an applicant may be in violation of any applicable federal law, that applicant may be referred to the DOJ Office of Inspector General (OIG) for investigation; if the applicant is found to be in violation of an applicable federal law by the OIG, the applicant may be subject to criminal and civil penalties, in addition to relevant OJP programmatic penalties, including suspension or termination of funds, inclusion on the high risk list, repayment of funds, or suspension and debarment. Law Enforcement Agency Training Information Any law enforcement agency receiving direct or subawarded JAG funding must submit quarterly accountability metrics data related to training on use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public that officers have received. Any grantees that fail to submit this data will have their grant funds frozen. Accountability metrics reports must be submitted through BJA's PMT, available at www.biaperformancetools.org. The accountability measures can be found at: http://www.biaperformancetools.orq/help/iagdocs.html. Body-Worn Camera (BWC) purchases Grantees who wish to use JAG funds to purchase BWC equipment, or to implement or enhance BWC programs, must certify that they or the law enforcement agency receiving the BWC funding have policies and procedures in place related to equipment usage, data storage, privacy, victims, access, disclosure, training, etc. A copy of the required BWC certification can be found at www.bja.gov/Funding/BodyWornCameraCert.pdf. Any grantees that wish to use JAG funds for BWC-related expenses who do not have BWC policies and procedures in place will have funds withheld until a certification is submitted and approved by BJA. 12 BJA-2016-9020 • ti The BJA BWC Toolkit provides model BWC policies, resources, and best practices to assist departments in implementing BWC programs. Body Armor Ballistic-resistant and stab-resistant body armor can be funded through two BJA-administered programs: the JAG Program and the Bulletproof Vest Partnership (BVP) Program. The BVP Program is designed to provide a critical resource to state and local law enforcement through the purchase of ballistic-resistant and stab-resistant body armor. A jurisdiction is able to request up to 50 percent of the cost of a vest with BVP funds. For more information on the BVP Program, including eligibility and application, refer to the BVP web page. JAG funds may also be used to purchase vests for an agency, but they may not be used to pay for that portion of the ballistic-resistant vest(50 percent)that is not covered by BVP funds. Unlike BVP, JAG funds used to purchase vests do not require a 50 percent match. Vests purchased with JAG funds may be purchased at any threat level, make, or model from any distributor or manufacturer, as long as the vests have been tested and found to comply with the latest applicable National Institute of Justice (NIJ) ballistic or stab standards. In addition, vests purchased must be American-made. Information on the latest NIJ standards can be found at: www.nii.govftopics/technology/bodv-armor/safetv-initiative.htm. As is the case in BVP, grantees who wish to purchase vests with JAG funds must certify that law enforcement agencies receiving vests have a written "mandatory wear" policy in effect. FAQs related to the mandatory wear policy and certifications can be found at www.bia.gov/Funding/JAGFAQ.pdf. This policy must be in place for at least all uniformed officers before any FY 2016 funding can be used by the agency for vests. There are no requirements regarding the nature of the policy other than it being a mandatory wear policy for all uniformed officers while on duty. The certification must be signed by the Authorized Representative and must be attached to the application. If the grantee proposes to change project activities to utilize JAG funds to purchase bulletproof vests after the application period (during the project period), the grantee must submit the signed certification to BJA at that time. A mandatory wear concept and issues paper and a model policy are available by contacting the BVP Customer Support Center vests(a.usdoi.gov or toll free at 1-877-758-3787. A copy of the certification related to the mandatory wear can be found at: www.bia.gov/Funding/BodvArmorMandatoryWearCert.pdf. DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database If JAG Program funds will be used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System (CODIS, the national DNA database operated by the FBI) by a government DNA lab with access to CODIS. No profiles generated with JAG funding may be entered into any other non-governmental DNA database without prior express written approval from BJA. For more information, refer to the NIJ DNA Backlog Reduction Program, available at www.nii.gov/topics/forensics/lab-operations/evidence- backloq s/Pages/backlog-red uction-grog ram.aspx. In addition, funds may not be used for purchase of DNA equipment and supplies when the resulting DNA profiles from such technology are not accepted for entry into CODIS. 13 BJA-2016-9020 • 1 V. Interoperable Communications Grantees (including subgrantees) that are using FY 2016 JAG Program funds to support emergency communications activities (including the purchase of interoperable communications equipment and technologies such as voice-over-internet protocol bridging or gateway devices, or equipment to support the build out of wireless broadband networks in the 700 MHz public safety band under the Federal Communications Commission (FCC)Waiver Order) should review FY 2016 SAFECOM Guidance. The SAFECOM Guidance is updated annually to provide current information on emergency communications policies, eligible costs, best practices, and technical standards for state, local, tribal, and territorial grantees investing federal funds in emergency communications projects. Additionally, emergency communications projects should support the Statewide Communication lnteroperability Plan (SCIP) and be coordinated with the full-time Statewide lnteroperability Coordinator(SWIC) in the state of the project. As the central coordination point for their state's interoperability effort, the SWIC plays a critical role, and can serve as a valuable resource. SWICs are responsible for the implementation of the SCIP through coordination and collaboration with the emergency response community. The U.S. Department of Homeland Security Office of Emergency Communications maintains a list of SWICs for each of the 56 states and territories. Contact OEC(a hq.dhs.gov. All communications equipment purchased with grant award funding should be identified during quarterly performance metrics reporting. In order to promote information sharing and enable interoperability among disparate systems across the justice and public safety community, OJP requires the grantee to comply with DOJ's Global Justice Information Sharing Initiative guidelines and recommendations for this particular grant. Grantee shall conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: www.it.oip.gov/qsp grantcondition. Grantees shall document planned approaches to information sharing and describe compliance to the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. C. Eligibility Information For eligibility information, see the title page. For additional information on cost sharing or matching requirements, see Section B. Federal Award Information. Limit on Number of Application Submissions If an applicant submits multiple versions of the same application, BJA will review only the most recent system-validated version submitted. For more information on system-validated versions, see How to Appiv. D. Application and Submission Information What an Application Should Include Applicants should anticipate that if they fail to submit an application that contains all of the specified elements, it may negatively affect the review of their application; and, should a decision be made to make an award, it may result in the inclusion of special conditions that 14 BJA-2016-9020 , preclude the recipient from accessing or using award funds pending satisfaction of the conditions. Applicants may combine the Budget Narrative and the Budget Detail Worksheet in one document. However, if an applicant submits only one budget document, it must contain both narrative and detail information. Please review the "Note on File Names and File Types" under How to Apply to be sure applications are submitted in permitted formats. OJP strongly recommends that applicants use appropriately descriptive file names (e.g., "Program Narrative," "JAG Budget and Budget Narrative," "Timelines," "Memoranda of Understanding," "Résumés")for all attachments. Also, OJP recommends that applicants include résumés in a single file. Failure to submit the required information will result in an application being returned in the Grants Management System (GMS) for inclusion of the missing information OR the attachment of a withholding of funds special condition at the time of award. 1. Information to Complete the Application for Federal Assistance (SF-424) The SF-424 is a required standard form used as a cover sheet for submission of pre- applications, applications, and related information. GMS takes information from the applicant's profile to populate the fields on this form. Intergovernmental Review: This funding opportunity is subject to Executive Order 12372. Applicants may find the names and addresses of their state's Single Point of Contact(SPOC) at the following website: www.whitehouse.gov/omb/grants spoc/. Applicants whose state appears on the SPOC list must contact their state's SPOC to find out about, and comply with, the state's process under Executive Order 12372. In completing the SF-424, applicants whose state appears on the SPOC list are to make the appropriate selection in response to question 19 once the applicant has complied with their state's E.O. 12372 process. (Applicants whose state does not appear on the SPOC list are to make the appropriate selection in response to question 19 to _ indicate that the"Program is subject to E.O. 12372 but has not been selected by the State for review.") 2. Project Abstract Applications should include a high-quality project abstract that summarizes the proposed project in 400 words or less. Project abstracts should be: • Written for a general public audience and submitted as a separate attachment with "Project Abstract" as part of its file name. • Single-spaced, using a standard 12-point font(Times New Roman)with 1-inch margins • Include applicant name, title of the project, a brief description of the problem to be addressed and the targeted area/population, project goals and objectives, a description of the project strategy, any significant partnerships, and anticipated outcomes. • Identify up to 5 project identifiers that would be associated with proposed project activities. The list of identifiers can be found at www.bia.gov/funding/JAGldentifiers.pdf. As a separate attachment, the project abstract will not count against the page limit for the program narrative. 15 BJA-2016-9020 3. Program Narrative Applicants must submit a program narrative that generally describes the proposed program activities for the two or four year grant period. The narrative must outline the type of programs to be funded by the JAG award and provide a brief analysis of the need for the programs. Narratives must also identify anticipated coordination efforts involving JAG and related justice funds. Certified disparate jurisdictions submitting a joint application must specify the funding distribution to each disparate unit of local government and the purposes for which the funds will be used. A plan for collecting the data required for this solicitation's performance measures should also be included. To demonstrate program progress and success, as well as to assist the Department with fulfilling its responsibilities under the Government Performance and Results Act of 1993 (GPRA), Public Law 103-62, and the GPRA Modernization Act of 2010, Public Law 111-352, applicants that receive funding under this solicitation must provide data that measure the results of their work done under this solicitation. Quarterly accountability metrics reports must be submitted through BJA's PMT, available at www.biaperformancetools.orq. The accountability measures can be found at: http://www.biaperformancetools.orq/helphacidocs.html. BJA does not require applicants to submit performance measures data with their application. Performance measures are included as an alert that BJA will require successful applicants to submit specific data as part of their reporting requirements. For the application, applicants should indicate an understanding of these requirements and discuss how they will gather the required data, should they receive funding. Note on Project Evaluations Applicants that propose to use funds awarded through this solicitation to conduct project evaluations should be aware that certain project evaluations (such as systematic investigations designed to develop or contribute to generalizable knowledge) may constitute "research"for purposes of applicable DOJ human subjects protection regulations. However, project evaluations that are intended only to generate internal improvements to a program or service, or are conducted only to meet OJP's performance measure data reporting requirements likely do not constitute"research."Applicants should provide sufficient information for OJP to determine whether the particular project they propose would either intentionally or unintentionally collect and/or use information in such a way that it meets the DOJ regulatory definition of research. Research, for the purposes of human subjects protections for OJP-funded programs, is defined as, "a systematic investigation, including research development, testing, and evaluation, designed to develop or contribute to generalizable knowledge" 28 C.F.R. §46.102(d). For additional information on determining whether a proposed activity would constitute research, see the decision tree to assist applicants on the"Research and the Protection of Human Subiects" section of the OJP's Funding Resource Center. Applicants whose proposals may involve a research or statistical component also should review the"Data Privacy and Confidentiality Requirements" section on that web page. 4. Budget Detail Worksheet and Budget Narrative Applicants must submit a budget detail worksheet and budget narrative outlining how JAG funds, including administrative funds (up to 10% of the grant award) if applicable, will be used to 16 BJA-2016-9020 , 4 h support and implement the program. Please note that if an applicant submits only one budget document, it must contain both narrative and detail information. a. Budget Detail Worksheet A sample Budget Detail Worksheet can be found at www.oip.gov/funding/Apply/Resources/BudgetDetailWorksheet.pdf. Applicants that submit their budget in a different format should include the budget categories listed in the sample budget worksheet. The Budget Detail Worksheet should be broken down by year. b. Budget Narrative The budget narrative should thoroughly and clearly describe every category of expense listed in the Budget Detail Worksheet. OJP expects proposed budgets to be complete, cost effective, and allowable(e.g., reasonable, allocable, and necessary for project activities). This narrative should include a full description of all costs, including administrative costs (if applicable) and how funds will be allocated across the seven allowable JAG program areas (law enforcement, prosecution, indigent defense, courts, crime prevention and education, corrections and community corrections, drug treatment and enforcement, planning, evaluation, technology improvement, and crime victim and witness initiatives). Applicants should demonstrate in their budget narratives how they will maximize cost effectiveness of grant expenditures. Budget narratives should generally describe cost effectiveness in relation to potential alternatives and the goals of the project. For example, a budget narrative should detail why planned in-person meetings are necessary, or how technology and collaboration with outside organizations could be used to reduce costs, without compromising quality. The narrative should be mathematically sound and correspond with the information and figures provided in the Budget Detail Worksheet. The narrative should explain how the applicant estimated and calculated all costs, and how they are relevant to the completion of the proposed project. The narrative may include tables for clarification purposes but need not be in a spreadsheet format. As with the Budget Detail Worksheet, the Budget Narrative should be broken down by year. For questions pertaining to budget and examples of allowable and unallowable costs, see the DOJ Grants Financial Guide at www.ojp.gov/financialquide/index.htm. c. Non-Competitive Procurement Contracts In Excess of Simplified Acquisition Threshold If an applicant proposes to make one or more non-competitive procurements of products or services, where the non-competitive procurement will exceed the simplified acquisition threshold (also known as the small purchase threshold), which is currently set at$150,000, the application should address the considerations outlined in the Financial Guide. d. Pre-Agreement Costs For information on pre-agreement costs, see "Pre-Agreement Cost Approvals" under Section B. Federal Award Information. 17 BJA-2016-9020 1 ! 1 5. Indirect Cost Rate Agreement(if applicable) Indirect costs are allowed only under the following circumstances: (a) The applicant has a current, federally approved indirect cost rate; or (b) The applicant is eligible to use and elects to use the "de minimis" indirect cost rate described in the Part 200 Uniform Requirements as set out at 2 C.F.R. 200.414(f). Attach a copy of the federally approved indirect cost rate agreement to the application. Applicants that do not have an approved rate may request one through their cognizant federal agency, which will review all documentation and approve a rate for the applicant organization, or, if the applicant's accounting system permits, costs may be allocated in the direct cost categories. For the definition of Cognizant Federal Agency, see the"Glossary of Terms" in the Financial Guide. For assistance with identifying your cognizant agency, please contact the Customer Service Center at 1-800-458-0786 or at ask.ocfo(a�usdoi•gov. If DOJ is the cognizant federal agency, applicants may obtain information needed to submit an indirect cost rate proposal at www.oip.qov/fundinq/Apply/Resources/IndirectCosts.pdf. In order to use the "de minimis" indirect rate, attach written documentation to the application that advises OJP of both the applicant's eligibility (to use the"de minimis" rate) and its election. If the applicant elects the "de minimis" method, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. In addition, if this method is chosen then it must be used consistently for all federal awards until such time as you choose to negotiate a federally approved indirect cost rate.3 6. Tribal Authorizing Resolution (if applicable) Tribes, tribal organizations, or third parties proposing to provide direct services or assistance to residents on tribal lands should include in their applications a resolution, a letter, affidavit, or other documentation, as appropriate, that certifies that the applicant has the legal authority from the tribe(s)to implement the proposed project on tribal lands. In those instances when an organization or consortium of tribes applies for a grant on behalf of a tribe or multiple specific tribes, the application should include appropriate legal documentation, as described above, from all tribes that would receive services or assistance under the grant. A consortium of tribes for which existing consortium bylaws allow action without support from all tribes in the consortium (i.e., without an authorizing resolution or comparable legal documentation from each tribal governing body) may submit, instead, a copy of its consortium bylaws with the application. Applicants unable to submit an application that includes a fully-executed (i.e., signed) copy of appropriate legal documentation, as described above, consistent with the applicable tribe's governance structure, should, at a minimum, submit an unsigned, draft version of such legal documentation as part of its application (except for cases in which, with respect to a tribal consortium applicant, consortium bylaws allow action without the support of all consortium member tribes). If selected for funding, BJA will make use of and access to funds contingent on receipt of the fully-executed legal documentation. 7. Applicant Disclosure of High Risk Status Applicants that are currently designated high risk by another federal grant making agency must disclose that status. This includes any status requiring additional oversight by the federal agency due to past programmatic or financial concerns. If an applicant is designated 3 See 2 C.F.R. § 200.414(f). 18 BJA-2016-9020 v high risk by another federal grant making agency, the applicant must email the following information to OJPComplianceReporting(a.usdoi.gov at the time of application submission: • The federal agency that currently designated the applicant as high risk • Date the applicant was designated high risk • The high risk point of contact name, phone number, and email address, from that federal agency • Reasons for the high risk status OJP seeks this information to ensure appropriate federal oversight of any grant award. Disclosing this high risk information does not disqualify any organization from receiving an OJP award. However, additional grant oversight may be included, if necessary, in award documentation. 8. Additional Attachments a. Review Narrative Applicants must submit information documenting that the date the JAG application was made available for review by the governing body of the state, or to an organization designated by that governing body, was not less than 30 days before the application was submitted to BJA. If the 30 governing body requirement cannot be met before the application deadline, a withholding special condition will be placed on the award until the governing body requirement can be met. The attachment must also specify that an opportunity to comment was provided to citizens prior to application submission to the extent applicable law or established procedures make such opportunity available. Below are notification language templates that can be utilized in completing this section of the application. The(provide name of State/Territory) made its Fiscal Year 2015 JAG application available to the (provide name of governing body) for its review and comment on (provide date); or intends to do so on (provide date). The(provide name of State/Territory) made its Fiscal Year 2015 JAG application available to citizens for comment prior to application submission by (provide means of notification); or the application has not yet been made available for public review/comment. b. Memorandum of Understanding (if applicable) Jurisdictions certified as disparate must identify a fiscal agent that will submit a joint application for the aggregate eligible allocation to all disparate municipalities. The joint application must determine and specify the award distribution to each unit of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) that identifies which jurisdiction will serve as the applicant/fiscal agent for joint funds must be completed and signed by the Authorized Representative for each participating jurisdiction. The signed MOU must be attached to the application. For a sample MOU, go to www.bia.gov/Funding/JAGMOU.pdf. 19 BJA-2016-9020 , c. Applicant Disclosure of Pending Applications Applicants are to disclose whether they have pending applications for federally funded grants or subgrants (including cooperative agreements) that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation. The disclosure should include both direct applications for federal funding (e.g., applications to federal agencies) and indirect applications for such funding (e.g., applications to state agencies that will subaward federal funds). OJP seeks this information to help avoid any inappropriate duplication of funding. Leveraging multiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen as inappropriate duplication. Applicants that have pending applications as described above are to provide the following information about pending applications submitted within the last 12 months: • The federal or state funding agency • The solicitation name/project name • The point of contact information at the applicable funding agency Federal or Solicitation Name/Phone/Email for Point of Contact at Funding State Funding Name/Project Name Agency Agency DOJ/COPS COPS Hiring , Jane Doe,2027000 0000;jane.doe @usdoj.gov Program HHS/ Drug Free John Doe, 202/000-0000;john.doe @hhs.gov Substance Communities Abuse& Mentoring Program/ Mental Health North County Youth Services Mentoring Program Administration Applicants should include the table as a separate attachment to their application. The file should be named "Disclosure of Pending Applications." Applicants that do not have pending applications as described above are to include a statement to this effect in the separate attachment page (e.g., "[Applicant Name on SF- 424] does not have pending applications submitted within the last 12 months for federally funded grants or subgrants (including cooperative agreements)that include requests for funding to support the same project being proposed under this solicitation and will cover the identical cost items outlined in the budget narrative and worksheet in the application under this solicitation."). d. Research and Evaluation Independence and Integrity 20 BJA-2016-9020 If a proposal involves research and/or evaluation, regardless of the proposal's other merits, in order to receive funds, the applicant must demonstrate research/evaluation independence, including appropriate safeguards to ensure research/evaluation objectivity and integrity, both in this proposal and as it may relate to the applicant's other current or prior related projects. This documentation may be included as an attachment to the application which addresses BOTH i. and ii. below. i. For purposes of this solicitation, applicants must document research and evaluation independence and integrity by including, at a minimum, one of the following two items: a. A specific assurance that the applicant has reviewed its proposal to identify any research integrity issues (including all principal investigators and subrecipients) and it has concluded that the design, conduct, or reporting of research and evaluation funded by BJA grants, cooperative agreements, or contracts will not be biased by any personal or financial conflict of interest on the part of part of its staff, consultants, and/or subrecipients responsible for the research and evaluation or on the part of the applicant organization; OR b. A specific listing of actual or perceived conflicts of interest that the applicant has identified in relation to this proposal. These conflicts could be either personal (related to specific staff, consultants, and/or subrecipients) or organizational (related to the applicant or any subgrantee organization). Examples of potential investigator(or other personal) conflict situations may include, but are not limited to, those in which an investigator would be in a position to evaluate a spouse's work product (actual conflict), or an investigator would be in a position to evaluate the work of a former or current colleague (potential apparent conflict). With regard to potential organizational conflicts of interest, as one example, generally an organization could not be given a grant to evaluate a project if that organization had itself provided substantial prior technical assistance to that specific project or a location implementing the project(whether funded by OJP or other sources), as the organization in such an instance would appear to be evaluating the effectiveness of its own prior work. The key is whether a reasonable person understanding all of the facts would be able to have confidence that the results of any research or evaluation project are objective and reliable. Any outside personal or financial interest that casts doubt on that objectivity and reliability of an evaluation or research product is a problem and must be disclosed. ii. In addition, for purposes of this solicitation applicants must address the issue of possible mitigation of research integrity concerns by including, at a minimum, one of the following two items: a. If an applicant reasonably believes that no potential personal or organizational conflicts of interest exist, then the applicant should provide a brief narrative explanation of how and why it reached that conclusion. Applicants MUST also include an explanation of the specific processes and 21 BJA-2016-9020 • . ! procedures that the applicant will put in place to identify and eliminate(or, at the very least, mitigate) potential personal or financial conflicts of interest on the part of its staff, consultants, and/or subrecipients for this particular project, should that be necessary during the grant period. Documentation that may be helpful in this regard could include organizational codes of ethics/conduct or policies regarding organizational, personal, and financial conflicts of interest. OR b. If the applicant has identified specific personal or organizational conflicts of interest in its proposal during this review, the applicant must propose a specific and robust mitigation plan to address conflicts noted above. At a minimum, the plan must include specific processes and procedures that the applicant will put in place to eliminate (or, at the very least, mitigate) potential personal or financial conflicts of interest on the part of its staff, consultants, and/or subrecipients for this particular project, should that be necessary during the grant period. Documentation that may be helpful in this regard could include organizational codes of ethics/conduct or policies regarding organizational, personal, and financial conflicts of interest. There is no guarantee that the plan, if any, will be accepted as proposed. Considerations in assessing research and evaluation independence and integrity will include, but are not limited to, the adequacy of the applicant's efforts to identify factors that could affect the objectivity or integrity of the proposed staff and/or the organization in carrying out the research, development, or evaluation activity; and the adequacy of the applicant's existing or proposed remedies to control any such factors. 9. Financial Management and System of Internal Controls Questionnaire In accordance with the Part 200 Uniform Requirements as set out at 2 C.F.R. 200.205, federal agencies must have in place a framework for evaluating the risks posed by applicants before they receive a federal award. To facilitate part of this risk evaluation, all applicants (other than an individual) are to download, complete, and submit this form. 10. Disclosure of Lobbying Activities Any applicant that expends any funds for lobbying activities is to provide the detailed information requested on the form, Disclosure of Lobbying Activities (SF-LLL). How to Apply Applicants must submit applications through the Grants Management System (GMS), which provides support for the application, award, and management of awards at OJP. Applicants must register in GMS for each specific funding opportunity. Although the registration and submission deadlines are the same, OJP urges applicants to register immediately, especially if this is their first time using the system. Find complete instructions on how to register and submit an application in GMS at www.ojp.gov/gmscbt/. Applicants that experience technical difficulties during this process should email GMS.HelpDesk(c�usdoj.gov or call 888-549-9901 (option 3), Monday—Friday from 6:00 a.m. to midnight, Eastern Time, except federal holidays. OJP recommends that applicants register promptly to prevent delays in submitting an application package by the deadline. 22 BJA-2016-9020 r a ! -d Note on File Types: GMS does not accept executable file types as application attachments. These disallowed file types include, but are not limited to, the following extensions: ".com," ".bat," ".exe," ".vbs," ".cfg," ".dat," ".db," ".dbf,"".dll," ".ini," ".log," ".ora," ".sys," and ".zip." OJP may not make a federal award to an applicant organization until the applicant organization has complied with all applicable DUNS and SAM requirements. Individual applicants must comply with all Grants.gov requirements. If an applicant has not fully complied with the requirements by the time the federal awarding agency is ready to make a federal award, the federal awarding agency may determine that the applicant is not qualified to receive a federal award and use that determination as a basis for making a federal award to another applicant. All applicants should complete the following steps: 1. Acquire a Data Universal Numbering System (DUNS) number. In general, the Office of Management and Budget (OMB) requires that all applicants (other than individuals)for federal funds include a DUNS number in their application for a new award or a supplement to an existing award. A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and differentiating entities receiving Federal funds. The identifier is used for tracking purposes and to validate address and point of contact information for federal assistance applicants, recipients, and subrecipients. The DUNS number will be used throughout the grant life cycle. Obtaining a DUNS number is a free, one-time activity. Call Dun and Bradstreet at 866-705-5711 to obtain a DUNS number or apply online at www.dnb.com. A DUNS number is usually received within 1-2 business days. 2. Acquire registration with the System for Award Management(SAM). SAM is the repository for standard information about federal financial assistance applicants, recipients, and subrecipients. OJP requires that all applicants (other than individuals) for federal financial assistance maintain current registrations in the SAM database. Applicants must update or renew their SAM registration annually to maintain an active status. SAM registration and renewal can take as long as 10 business days to complete. Information about SAM registration procedures can be accessed at www.sam.gov. 3. Acquire a GMS username and password. New users must create a GMS profile by selecting the"First Time User" link under the sign-in box of the GMS home page. For more information on how to register in GMS, go to www.ojp.gov/gmscbt. 4. Verify the SAM (formerly CCR) registration in GMS. OJP requests that all applicants verify their SAM registration in GMS. Once logged into GMS, click the "CCR Claim" link on the left side of the default screen. Click the submit button to verify the SAM (formerly CCR) registration. 5. Search for the funding opportunity on GMS. After logging into GMS or completing the GMS profile for username and password, go to the "Funding Opportunities" link on the left side of the page. Select BJA and the FY 16 Edward Byrne Memorial Local Justice Assistance Grant(JAG) Program. 6. Register by selecting the "Apply Online" button associated with the funding opportunity title. The search results from step 5 will display the funding opportunity title 23 BJA-2016-9020 along with the registration and application deadlines for this funding opportunity. Select the "Apply Online" button in the "Action" column to register for this funding opportunity and create an application in the system. 7. Follow the directions in GMS to submit an application consistent with this solicitation. Once submitted, GMS will display a confirmation screen stating the submission was successful. Important: In some instances, applicants must wait for GMS approval before submitting an application. OJP urges applicants to submit the application at least 72 hours prior to the application due date. Note: Duplicate Applications If an applicant submits multiple versions of the same application, BJA will review only the most recent system-validated version submitted. See Note on "File Names and File Types" under How to Apply. Experiencing Unforeseen GMS Technical Issues Applicants that experience unforeseen GMS technical issues beyond their control that prevent them from submitting their application by the deadline must contact the GMS Help Desk or the SAM Help Desk(Federal Service Desk)to report the technical issue and receive a tracking number. Then the applicant must email the BJA contact identified in the Contact Information section on page 2 within 24 hours after the application deadline and request approval to submit their application. The email must describe the technical difficulties and include a timeline of the applicant's submission efforts, the complete grant application, the applicant's DUNS number, and any GMS Help Desk or SAM tracking number(s). Note: BJA does not approve requests automatically. After the program office reviews the submission, and contacts the GMS Help Desk to validate the reported technical issues, OJP will inform the applicant whether the request to submit a late application has been approved or denied. If OJP determines that the applicant failed to follow all required procedures, which resulted in an untimely application submission, OJP will deny the applicant's request to submit their application. The following conditions are generally insufficient to justify late submissions: • Failure to register in SAM or GMS in sufficient time (SAM registration and renewal can take as long as 10 business days to complete) • Failure to follow GMS instructions on how to register and apply as posted on the GMS website • Failure to follow each instruction in the OJP solicitation • Technical issues with the applicant's computer or information technology environment, including firewalls, browser incompatibility, etc. Notifications regarding known technical problems with GMS, if any, are posted at the top of the OJP funding web page at http://oip.qov/fundinq/index.htm. E. Application Review Information Review Process OJP is committed to ensuring a fair and open process for awarding grants. BJA reviews the application to make sure that the information presented is reasonable, understandable, 24 BJA-2016-9020 • measurable, and achievable, as well as consistent with the solicitation. BJA will also review applications to ensure statutory requirements have been met. OJP reviews applications for potential awards to evaluate the risks posed by applicants before they receive an award. This review may include but is not limited to the following: 1. Financial stability and fiscal integrity 2. Quality of management systems and ability to meet the management standards prescribed in the Financial Guide 3. History of performance 4. Reports and findings from audits 5. The applicant's ability to effectively implement statutory, regulatory, or other requirements imposed on award recipients Absent explicit statutory authorization or written delegation of authority to the contrary, the Assistant Attorney General will make all final award decisions. F. Federal Award Administration Information Federal Award Notices OJP sends award notification by email through GMS to the individuals listed in the application as the point of contact and the authorizing official. The email notification includes detailed instructions on how to access and view the award documents, and how to accept the award in GMS. GMS automatically issues the notifications at 9:00 p.m. eastern time on the award date (by September 30, 2016). Recipients will be required to login; accept any outstanding assurances and certifications on the award; designate a financial point of contact; and review, sign, and accept the award. The award acceptance process involves physical signature of the award document by the authorized representative and the scanning of the fully-executed award document to OJP. Administrative, National Policy, and other Legal Requirements If selected for funding, in addition to implementing the funded project consistent with the agency-approved project proposal and budget, the recipient must comply with award terms and conditions, and other legal requirements, including but not limited to OMB, DOJ, or other federal regulations which will be included in the award, incorporated into the award by reference, or are otherwise applicable to the award. OJP strongly encourages prospective applicants to review the information pertaining to these requirements prior to submitting an application. To assist applicants and recipients in accessing and reviewing this information, OJP has placed pertinent information on its Solicitation Requirements page of OJP's Funding Resource Center website. Please note in particular the following two forms, which applicants must accept in GMS prior to the receipt of any award funds, as each details legal requirements with which applicants must provide specific assurances and certifications of compliance. Applicants may view these forms in the Apply section of OJP's Funding Resource Center and are strongly encouraged to review and consider them carefully prior to making an application for OJP grant funds. • Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements 25 BJA-2016-9020 ) ti • Standard Assurances Upon grant approval, OJP electronically transmits (via GMS) the award document to the prospective award recipient. In addition to other award information, the award document contains award terms and conditions that specify national policy requirements4 with which recipients of federal funding must comply; uniform administrative requirements, cost principles, and audit requirements; and program-specific terms and conditions required based on applicable program (statutory) authority or requirements set forth in OJP solicitations and program announcements, and other requirements which may be attached to appropriated funding. For example, certain efforts may call for special requirements, terms, or conditions relating to intellectual property, data/information-sharing or-access, or information security; or audit requirements, expenditures and milestones; or publications and/or press releases. OJP also may place additional terms and conditions on an award based on its risk assessment of the applicant, or for other reasons it determines necessary to fulfill the goals and objectives of the program. Prospective applicants may access and review the text of mandatory conditions OJP includes in all OJP awards, as well as the text of certain other conditions, such as administrative conditions, via OJP's Mandatory Award Terms and Conditions page of OJP's Funding Resource Center. General Information about Post-Federal Award Reporting Requirements Recipients must submit quarterly financial reports, semi-annual progress reports, final financial and progress reports, an annual audit report in accordance with the Part 200 Uniform Requirements, if applicable, and Federal Funding Accountability and Transparency Act (FFATA) reports through the FFATA Sub-award Reporting System (FSRS) as necessary. Future awards and fund drawdowns may be withheld if reports are delinquent. Special Reporting requirements may be required by OJP depending on the statutory, legislative or administrative requirements of the recipient or the program. G. Federal Awarding Agency Contact(s) For Federal Awarding Agency Contact(s), see title page. For contact information for GMS, see title page. H. Other Information Provide Feedback to OJP To assist OJP in improving its application and award processes, we encourage applicants to provide feedback on this solicitation, the application submission process, and/or the application review process. Provide feedback to OJPSolicitationFeedback(a.usdoj.gov. 4 See generally 2 C.F.R. 200.300 (provides a general description of national policy requirements typically applicable to recipients of federal awards, including the Federal Funding Accountability and Transparency Act of 2006 [FFATA]). 26 BJA-2016-9020 • 7 IMPORTANT: This email is for feedback and suggestions only. Replies are not sent from this mailbox. If you have specific questions on any program or technical aspect of the solicitation, you must directly contact the appropriate number or email listed on the front of this solicitation document. These contacts are provided to help ensure that you can directly reach an individual who can address your specific questions in a timely manner. If you are interested in being a reviewer for other OJP grant applications, please email your resume to oippeerreview(a�lmsolas.com. The OJP Solicitation Feedback email account will not forward your resume. Note: Neither you nor anyone else from your organization can be a peer reviewer in a competition in which you or your organization have submitted an application. 27 BJA-2016-9020 Application Checklist Edward Byrne Memorial Justice Assistance Grant (JAG) Program: FY 2016 Local Solicitation This application checklist has been created to assist in developing an application. What an Applicant Should Do: Prior to Registering in GMS: Acquire a DUNS Number(see page 23) Acquire or renew registration with SAM (see page 23) To Register with GMS: For new users, acquire a GMS username and password* (see page 23) For existing users, check GMS username and password*to ensure account access (see page 23) Verify SAM registration in GMS (see page 23) Search for correct funding opportunity in GMS (see page 23) Select correct funding opportunity in GMS (see page 23) Register by selecting the"Apply Online" button associated with the funding opportunity title (see page 23) Read OJP policy and guidance on conference approval, planning, and reporting available at Post Award Requirements (see page 11) If experiencing technical difficulties in GMS, contact the NCJRS Response Center(see page 24) *Password Reset Notice—GMS users are reminded that while password reset capabilities exist, this function is only associated with points of contacts designated within GMS at the time the account was established. Neither OJP nor the GMS Help Desk will initiate a password reset unless requested by the authorized official or a designated point of contact associated with an award or application. General Requirements: Review Solicitation Requirements web page in the OJP Funding Resource Center. Scope Requirement: The federal amount requested is within the allowable limit(s) of the FY 2016 JAG Allocations List as listed on BJA's JAG web page Eligibility Requirement: State/Territory listed as the legal name on the application corresponds with the eligible State/Territory listed on BJA's JAG web page 28 BJA-2016-9020 ►s What an Application Should Include: Application for Federal Assistance(SF-424) (see page 15) Intergovernmental Review (see page 15) Project Abstract(see page 15) Program Narrative (see page 16) Budget(see page 17) Budget Narrative (see page 17) Indirect Cost Rate Agreement (if applicable) (see page 18) Tribal Authorizing Resolution (if applicable) (see page 18) Applicant Disclosure of High Risk Status (If applicable see page 18) Additional Attachments (see page 19) Review Narrative (see page 19) Applicant Disclosure of Pending Applications (see page 20) Research and Evaluation Independence and Integrity (see page 20) Disclosure of Lobbying Activities (SF-LLL) (if applicable) (see page 22) Financial Management and System of Internal Controls Questionnaire (see page 22) 29 BJA-2016-9020 4'1 • k esri Quotation # 20484125 Date: March 8, 2016 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer#40775 Contract# 3325 Springbank Ln, Ste 200 Charlotte, NC 28226-3343 City of Ocoee Phone: (704)541-9810 Fax: (704)541-7620 Support Services DUNS Number: 06-313-4175 CAGE Code: OAMS3 150 N Lakeshore Dr Ocoee, FL 34761-2258 To expedite your order,please attach a copy of ATTENTION: Marjorie Dillingham this quotation to your purchase order. PHONE: (407) 905-3100 Quote is valid from:03/08/2016 To:06/06/2016 FAX: (407)656-5398 Material Qty Description Unit Price Total 88928 1 ArcGIS for Desktop Advanced Concurrent Use Upgrade from ArcGIS for 6,400.00 6,400.00 Desktop Basic Concurrent Use Item Total: 6,400.00 Subtotal: 6,400.00 Sales Tax: 0.00 Estimated Shipping&Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $6,400.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management,procurement,or invoice program. For questions contact: Robyn Garrett Email: rgarrett©esri.com Phone: (704)541-9810 x8640 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri,if any,or,where applicable,Esri's standard terms and conditions at www.esri.com/legal,which are incorporated by reference.Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule.Acceptance is limited to the terms of this quotation.Esri objects to and expressly rejects any different or additional terms contained in any purchase order,offer,or confirmation sent to or to be sent by buyer.All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance,please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 GARRETTR This offer is limited to the terms and conditions incorporated and attached herein. I ; esri® Quotation # 20484125 Dat e: March 8, 2016 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. Customer#40775 Contract# 3325 Springbank Ln, Ste 200 Charlotte, NC 28226-3343 City of Ocoee Phone: (704)541-9810 Fax: (704)541-7620 Support Services DUNS Number: 06-313-4175 CAGE Code: OAMS3 150 N Lakeshore Dr Ocoee, FL 34761-2258 To expedite your order,please attach a copy of this quotation to your purchase order. ATTENTION: Marjorie Dillingham Quote is valid from: 03/08/2016 To:06/06/2016 PHONE: (407) 905-3100 FAX: (407) 656-5398 If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance,you must fax Esri the signed quote in its entirety in order for the quote to be accepted.You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal,state,or local government agency;an educational facility;or a company that will not pay an invoice without having issued a formal purchase order,a signed quotation will not be accepted unless it is accompanied by your purchase order. In order to expedite processing,please reference the quotation number and any/all applicable Esri contract number(s)(e.g.MPA,ELA,SmartBuy,GSA, BPA)on your ordering document. BY SIGNING BELOW,YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION,AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF$ ,PLUS SALES TAXES IF APPLICABLE.DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the following: I agree to pay any applicable sales tax. I am tax exempt,please contact me if exempt information is not currently on file with Esri. Signature of Authorized Representative Date Name(Please Print) Title The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license.This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute,Inc.(Esri). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes.Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing.If your organization is tax exempt or pays state tax directly,then prior to invoicing,your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management,procurement,or invoice program. For questions contact: Robyn Garrett Email: rgarrett@esri.com Phone: (704)541-9810 x8640 The items on this quotation are subject to the terms set forth herein and the terms of your signed agreement with Esri,if any,or,where applicable,Esri's standard terms and conditions at www.esri.com/legal,which are incorporated by reference.Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule.Acceptance is limited to the terms of this quotation.Esri objects to and expressly rejects any different or additional terms contained in any purchase order,offer,or confirmation sent to or to be sent by buyer.All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's products and services. If sending remittance,please address to:Esri, File No. 54630, Los Angeles, Ca 90074-4630 GARRETTR This offer is limited to the terms and conditions incorporated and attached herein. • ( ') eSr'. ESRI QUOTATION TERMS AND CONDITIONS Esri,380 New York St.,Redlands,CA 92373-8100 USA•TEL 909-793-2853•FAX 909-793-5953 All quotations are valid for ninety(90)days unless otherwise stated on the quotation form.These prices and terms are valid only for items purchased for use and delivery within the United States. This quotation information is proprietary and may not be copied or released other than for the express purpose of the current system selection and purchase.This information may not be given to outside parties or used for any other purpose without written consent from Environmental Systems Research Institute,Inc.(Esri). To expedite your order,please reference the quotation number on your purchase order. ORDER PROCESS The order process is initiated when Esri receives an original purchase order or some form of advance payment. Several additional documents(e.g.,Master License Agreement,credit application,Tax Exemption Certificate)may be required to complete the order process. Generally,the need for these documents varies by the type of software,data,web-enabled services, subscriptions,professional services,or other products ordered,which is determined upon receipt of the purchase order(or advance payment). If delivery must be expedited,please contact your marketing representative for assistance. IMPORTANT! Collectively,these documents contain the authorizations and information necessary to ship proper versions of the software or data on the correct media or to initiate web-enabled services,subscriptions,or professional services.Please return them promptly to avoid unnecessary delays in shipping or delivery. Please return all documents to Esri Customer Service,or as otherwise directed. Please show the following remittance address on your purchase order: Esri,File No. 54630,Los Angeles,CA 90074-4630 ESRI LICENSE AGREEMENTS All Esri software,data,web-enabled services,and subscriptions offered in this quotation are commercial off-the-shelf items developed at private expense and subject to Esri commercial license terms. You may have a signed license agreement on file that covers this order. If so,please reference the license agreement number on your purchase order.Unless a signed license is on file with Esri,Esri software,data,web-enabled services,and subscriptions are subject to the Esri License Agreement included with the deliverable item as an online or click-through agreement.A copy is enclosed.Certain software or data requires a Master License Agreement signed by both parties. Professional services agreements may also include license terms. Some Esri software is copy protected with a software keycode or hardware key,and some software,data, web-enabled services,or subscriptions require registration or a password.You will be given instructions to access the keycode,register,or obtain a password through the Esri website or by other means. MAINTENANCE After expiration of any complimentary period of maintenance that may apply to the licensed software, Esri will quote maintenance payable annually in advance. A reinstatement fee applies when maintenance has lapsed. DATA AND ONLINE SERVICES DISCLAIMER Data and Online Services may contain some nonconformities,defects,errors,or omissions.THE DATA AND ONLINE SERVICES ARE PROVIDED"AS-IS" WITHOUT WARRANTY OF ANY KIND. Without limiting the generality of the preceding sentence,Esri and its licensors do not warrant that the data and Online Services will meet Licensee's needs or expectations,that the use of the data or Online Services will be uninterrupted,or that all nonconformities can or will be corrected.Esri and its licensors are not inviting reliance on this data or Online Services,and Licensee should always verify actual data or Online Services. G272 Page 1 of 2 03/26/2015 DELIVERY FOB Redlands,CA,USA Software:Allow five(5)days from Esri's receipt of purchase order,signed Software License Agreement(s),and other documents,as required. Hardware:Manufacturer's terms apply. Lead times depend on make/models purchased. Note:Standard delivery method is ground or two(2)-day air for software and surface carrier for hardware.Actual delivery method may vary depending on weight.Other services are available for an additional fee(e.g.,overnight delivery). PAYMENT TERMS Net thirty(30)days,on approved credit.Orders less than eight hundred dollars($800)require prepayment by check or credit card unless your organization is a government agency,university,college,or Fortune 500 company. TAXES This quote includes applicable sales or use taxes for the prices quoted as required by law.The tax amount may change depending on the time lapse between this quote and your order to us. Esri will include applicable sales or use taxes on your invoice unless you provide proof with your order that your organization or use of the product is tax exempt. G272 Page 2 of 2 03/26/2015 � esri� Esri,380 New York St.,Redlands,CA 92373-8100 USA•TEL 909-793-2853•FAX 909-793-5953 IMPORTANT—READ CAREFULLY Unless superseded by a signed license agreement between you and Esri,Esri is willing to license Products to you only if you accept all terms and conditions contained in this License Agreement.Please read the terms and conditions carefully.You may not use the Products until you have agreed to the terms and conditions of the License Agreement. If you do not agree to the terms and conditions as stated,click"I do not accept the license agreement" below;you may then request a refund of applicable fees paid. LICENSE AGREEMENT (E204 06/13/2014) This License Agreement is between you("Licensee")and Environmental Systems Research Institute,Inc. ("Esri"),a California corporation with a place of business at 380 New York Street,Redlands,California 92373-8100 USA. GENERAL LICENSE TERMS AND CONDITIONS ARTICLE 1—DEFINITIONS Definitions.The terms used are defined as follows: a. "Authorization Code(s)" means any key,authorization number,enablement code,login credential,activation code, token,account user name and password,or other mechanism required for use of a Product. b. "Beta"means any alpha,beta,or prerelease Product. c. "Commercial Application Service Provider Use" or"Commercial ASP Use" means generating revenue by providing access to Software or Online Services through a Value-Added Application,for example,by charging a subscription fee,service fee,or any other form of transaction fee or by generating more than incidental advertising revenue. d. "Content" has the meaning provided in Addendum 3. e. "Data" means any Esri or third-party digital dataset(s)including,but not limited to,geographic vector data,raster data reports,or associated tabular attributes,whether bundled with Software and Online Services or delivered independently. f. "Deployment License" means a license that allows Licensee to sublicense select Software and associated Authorization Codes to third parties. g. "Documentation" means all user reference documentation that is delivered with the Software. h. "Online Services" means any Internet-based geospatial system,including applications and associated APIs,but excluding Data or Content,hosted by Esri or its licensors,for storing,managing,publishing,and using maps,data, and other information. i. "Ordering Document(s)" means a sales quotation,purchase order,or other document identifying the Products that Licensee orders. j. "Perpetual License" means a license to use a version of a Product for which applicable license fees have been paid, indefinitely,unless terminated by Esri or Licensee as authorized under this Agreement. k. "Product(s)" means Software,Data,Online Services,and Documentation licensed under the terms of this License Agreement. 1. "Sample(s)"means sample code,sample applications,add-ons,or sample extensions of Products. m. "Service Credit(s)" means a unit of exchange that is allocated with an Online Services subscription in an amount specified in the Ordering Document.Each Service Credit entitles Licensee to consume a set amount of Online Services,the amount varying depending on the Online Services being consumed.As Online Services are consumed, Service Credits are automatically debited from Licensee's account,up to the maximum number of Service Credits available.Additional Service Credits can be purchased as described in Addendum 3(also available at http://www.esri.com/legal). E204 Page 1 of 7 06/13/2014 n. "Software" means all or any portion of Esri's proprietary software technology,excluding Data,accessed or downloaded from an Esri-authorized website or delivered on any media in any format including backups,updates, service packs,patches,hot fixes,or permitted merged copies. o. "Term License"means a license or access provided for use of a Product for a limited time period("Term")or on a subscription or transaction basis. p. "Value-Added Application" means an application developed by Licensee for use in conjunction with the authorized use of any Software,Data,or Online Services. ARTICLE 2—INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP Products are licensed,not sold.Esri and its licensors own Products and all copies,which are protected by United States and applicable international laws,treaties,and conventions regarding intellectual property and proprietary rights including trade secrets.Licensee agrees to use reasonable means to protect Products from unauthorized use,reproduction,distribution,or publication.Esri and its third-party licensors reserve all rights not specifically granted in this License Agreement including the right to change and improve Products. ARTICLE 3—GRANT OF LICENSE 3.1 Grant of License.Esri grants to Licensee a personal,nonexclusive,nontransferable license solely to use the Products as set forth in the applicable Ordering Documents(i) for which the applicable license fees have been paid;(ii)in accordance with this License Agreement and the configuration ordered by Licensee or as authorized by Esri or its authorized distributor; and(iii)for the applicable Term or,if no Term is applicable or identified,until terminated in accordance with Article 5. In addition to the Scope of Use in Article 4,Exhibit 1—Scope of Use(E300)applies to specific Products.Addendum 1, Addendum 2,Addendum 3,and Addendum 4 collectively comprise Exhibit 1—Scope of Use(E300)and are also available at http://www.esri.com/legal/software-license.Addendums only apply to Products specifically identified within an Addendum. Exhibit 1—Scope of Use(E300)includes Addendums for the following Product types,which are incorporated by reference: a. Software. Terms of use for specific Software products are set forth in Addendum 1. b. Data. Data terms of use are set forth in Addendum 2. c. Online Services. Terms of use for Online Services are set forth in Addendum 3. d. Limited Use Programs.Terms of use for noncommercial,nonprofit,educational,or other limited-use programs are set forth in Addendum 4. 3.2 Evaluation and Beta Licenses.Products acquired under an evaluation license or under a Beta program are intended for evaluation and testing purposes only and not for commercial use.Any such use is at Licensee's own risk,and the Products do not qualify for Esri or distributor maintenance. ARTICLE 4—SCOPE OF USE 4.1 Permitted Uses a. For Products delivered to Licensee,Licensee may 1. Install and store Products on electronic storage device(s); 2. Make archival copies and routine computer backups; 3. Install and use a newer version of Software concurrently with the version to be replaced during a reasonable transition period not to exceed six(6)months,provided that the deployment of either version does not exceed Licensee's licensed quantity;thereafter,Licensee shall not use more Software in the aggregate than Licensee's total licensed quantity; 4. Move the Software in the licensed configuration to a replacement computer;and 5. Distribute to third parties Software and any associated Authorization Codes required for use of a Deployment License. b. Commercial Application Service Provider Use. Licensee may use the Product for Commercial ASP Use provided that Licensee(i)acquires a Commercial ASP Use license,or(ii)is a governmental or not-for-profit organization that operates a website or offers an Internet service on a cost recovery basis and not for profit. E204 Page 2 of 7 06/13/2014 . c. Licensee may customize Software using any(i)macro or scripting language,(ii)published application programming interface(API),or(iii)source or object code libraries,but only to the extent that such customization is described in Documentation. d. Licensee may use,copy,or prepare derivative works of Documentation supplied in digital format and thereafter reproduce,display,and distribute the customized documentation only for Licensee's own internal use.Portions of Documentation supplied in digital format merged with other software and printed or digital documentation are subject to this License Agreement.Licensee shall include the following copyright attribution notice acknowledging the proprietary rights of Esri and its licensors: "Portions of this document include intellectual property of Esri and its licensors and are used herein under license.Copyright© [Licensee will insert the actual copyright date(s)from the source materials]Esri and its licensors.All rights reserved." e. Font Components. All fonts provided with a Product may be used with the authorized use of any Products.Esri fonts may also be separately used to print any output created by Products.Additional use restrictions for third-party fonts included with a Product are set forth in the font file itself. f. Consultant or Contractor Access. Subject to Section 3.1,Esri grants Licensee the right to permit Licensee's consultants or contractors to use the Products exclusively for Licensee's benefit. Licensee shall be solely responsible for compliance by consultants and contractors with this License Agreement and shall ensure that the consultant or contractor discontinues Product use upon completion of work for Licensee. Access to or use of Products by consultants or contractors not exclusively for Licensee's benefit is prohibited. g. Licensee may use,copy,reproduce,publish,publicly display,or redistribute map images and reports containing map images derived from the use of Esri Product(s)in hard copy or static,electronic formats(e.g.,PDF, GIF,JPEG)to third parties subject to restrictions set forth in this License Agreement,provided that Licensee affixes an attribution statement to the map images acknowledging Esri and/or its applicable licensor(s)as the source of the portion(s)of the Data used for the map images.For avoidance of doubt,any data that is supplied or used by Licensee in its use of the Product(s)that is not Data shall be and remain the property of Licensee or its third-party licensor(s). 4.2 Uses Not Permitted.Except to the extent that applicable law prohibits or overrides these restrictions,or as provided herein,Licensee shall not a. Sell,rent,lease,sublicense,lend,time-share,assign,or use Products for Commercial ASP Use or service bureau purposes; b. Provide third parties with direct access to Products so that the third parties may use the Product directly,develop their own GIS applications,or create their own solutions in conjunction with the Product; c. Distribute Software,Data,or Online Services to third parties,in whole or in part,including,but not limited to, extensions,components,or DLLs; d. Distribute Authorization Codes to third parties; e. Reverse engineer,decompile,or disassemble Products; f. Make any attempt to circumvent the technological measure(s)that controls access to or use of Products; g. Store,cache,use,upload,distribute,or sublicense Content or otherwise use Products in violation of Esri's or a third party's rights,including intellectual property rights,privacy rights,nondiscrimination laws, or any other applicable law or government regulation; h. Remove or obscure any Esri(or its licensors')patent,copyright,trademark,proprietary rights notices,and/or legends contained in or affixed to any Product,Product output,metadata file,or online and/or hard-copy attribution page of any Data or Documentation delivered hereunder; i. Unbundle or independently use individual or component parts of Software,Online Services,or Data; j. Incorporate any portion of the Product into a product or service that competes with any Product; k. Publish or in any other way communicate the results of benchmark tests run on Beta without the prior written permission of Esri and its licensors;or 1. Use, incorporate,modify,distribute,provide access to,or combine any computer code provided with any Product in a manner that would subject such code or any part of the Product to open source license terms,which includes any license terms that require computer code to be(i)disclosed in source code form to third parties,(ii)licensed to third parties for the purpose of making derivative works,or(iii)redistributable to third parties at no charge. ARTICLE 5—TERM AND TERMINATION This License Agreement is effective upon acceptance.Licensee may terminate this License Agreement or any Product license at any time upon written notice to Esri. Either party may terminate this License Agreement or any license for a material E204 Page 3 of 7 06/13/2014 breach that is not cured within thirty(30)days of written notice to the breaching party,except that termination is immediate for a material breach that is impossible to cure. Upon termination of the License Agreement,all licenses granted hereunder terminate as well.Upon termination of a license or the License Agreement,Licensee will(i) stop accessing and using affected Product(s);(ii)clear any client-side data cache derived from Online Services;and(iii)uninstall,remove,and destroy all copies of affected Product(s)in Licensee's possession or control,including any modified or merged portions thereof,in any form,and execute and deliver evidence of such actions to Esri or its authorized distributor. ARTICLE 6—LIMITED WARRANTIES AND DISCLAIMERS 6.1 Limited Warranties.Except as otherwise provided in this Article 6,Esri warrants for a period of ninety(90)days from the date Esri issues the Authorization Code enabling use of Software and Online Services that(i)the unmodified Software and Online Services will substantially conform to the published Documentation under normal use and service and(ii)media on which Software is provided will be free from defects in materials and workmanship. 6.2 Special Disclaimer.CONTENT,DATA, SAMPLES,HOT FIXES,PATCHES,UPDATES,ONLINE SERVICES PROVIDED ON A NO-FEE BASIS,AND EVALUATION AND BETA SOFTWARE ARE DELIVERED"AS IS" WITHOUT WARRANTY OF ANY KIND. 6.3 Internet Disclaimer.THE PARTIES EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INTERNET IS A NETWORK OF PRIVATE AND PUBLIC NETWORKS AND THAT(i)THE INTERNET IS NOT A SECURE INFRASTRUCTURE,(ii)THE PARTIES HAVE NO CONTROL OVER THE INTERNET,AND(iii)NONE OF THE PARTIES SHALL BE LIABLE FOR DAMAGES UNDER ANY THEORY OF LAW RELATED TO THE PERFORMANCE OR DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET THAT MIGHT RESTRICT OR PROHIBIT THE OPERATION OF ONLINE SERVICES. 6.4 General Disclaimer.EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES,ESRI DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND,WHETHER EXPRESS OR IMPLIED,INCLUDING,BUT NOT LIMITED TO,WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,SYSTEM INTEGRATION,AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.ESRI DOES NOT WARRANT THAT PRODUCTS WILL MEET LICENSEE'S NEEDS;THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED,ERROR FREE,FAULT-TOLERANT,OR FAIL-SAFE;OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. PRODUCTS ARE NOT DESIGNED, MANUFACTURED,OR INTENDED FOR USE IN ENVIRONMENTS OR APPLICATIONS THAT MAY LEAD TO DEATH,PERSONAL INJURY,OR PHYSICAL PROPERTY/ENVIRONMENTAL DAMAGE. LICENSEE SHOULD NOT FOLLOW ANY ROUTE SUGGESTIONS THAT APPEAR TO BE HAZARDOUS,UNSAFE,OR ILLEGAL. ANY SUCH USES SHALL BE AT LICENSEE'S OWN RISK AND COST. 6.5 Exclusive Remedy.Licensee's exclusive remedy and Esri's entire liability for breach of the limited warranties set forth in this Article 6 shall be limited,at Esri's sole discretion,to(i)replacement of any defective media;(ii)repair,correction,or a workaround for Software or Online Services subject to the Esri Maintenance Program or Licensee's authorized distributor's maintenance program,as applicable;or(iii)return of the license fees paid by Licensee for Software or Online Services that do not meet Esri's limited warranty,provided that Licensee uninstalls,removes,and destroys all copies of Software or Documentation;ceases using Online Services;and executes and delivers evidence of such actions to Esri or its authorized distributor. ARTICLE 7—LIMITATION OF LIABILITY 7.1 Disclaimer of Certain Types of Liability. ESRI, ITS AUTHORIZED DISTRIBUTOR,AND ITS LICENSORS SHALL NOT BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOST PROFITS,LOST SALES,OR BUSINESS EXPENDITURES;INVESTMENTS;BUSINESS COMMITMENTS; LOSS OF ANY GOODWILL;OR ANY INDIRECT, SPECIAL,INCIDENTAL,OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF PRODUCTS,HOWEVER CAUSED ON ANY THEORY OF LIABILITY,WHETHER OR NOT ESRI,ITS AUTHORIZED DISTRIBUTOR,OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. E204 Page 4 of 7 06/13/2014 7.2 General Limitation of Liability.EXCEPT AS PROVIDED IN ARTICLE 8—INFRINGEMENT INDEMNITY,THE TOTAL CUMULATIVE LIABILITY OF ESRI AND ITS AUTHORIZED DISTRIBUTOR HEREUNDER,FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING,BUT NOT LIMITED TO,CONTRACT,TORT(INCLUDING NEGLIGENCE),STRICT LIABILITY,BREACH OF WARRANTY,MISREPRESENTATION,OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY LICENSEE FOR THE PRODUCTS THAT GIVE RISE TO THE CAUSE OF ACTION. 7.3 Applicability of Disclaimers and Limitations.The limitations of liability and disclaimers set forth in this License Agreement will apply regardless of whether Licensee has accepted Products or any other product or service delivered by Esri or its authorized distributor.The parties agree that Esri or its authorized distributor has set its fees and entered into this License Agreement in reliance on the disclaimers and limitations set forth herein,that the same reflect an allocation of risk between the parties,and that the same form an essential basis of the bargain between the parties.THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING WARRANTIES,LIMITATIONS,AND EXCLUSIONS MAY NOT BE VALID IN SOME JURISDICTIONS AND APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN LICENSEE'S JURISDICTION.LICENSEE MAY HAVE ADDITIONAL RIGHTS UNDER LAW THAT MAY NOT BE WAIVED OR DISCLAIMED.ESRI DOES NOT SEEK TO LIMIT LICENSEE'S WARRANTY OR REMEDIES TO ANY EXTENT NOT PERMITTED BY LAW. ARTICLE 8—INFRINGEMENT INDEMNITY 8.1 Esri shall defend,indemnify as described below,and hold Licensee harmless from and against any loss,liability,cost,or expense,including reasonable attorneys'fees,arising out of any claims,actions,or demands by a third party alleging that Licensee's licensed use of Software or Online Services infringe a US patent,copyright,or trademark,provided a. Licensee promptly notifies Esri in writing of the claim; b. Licensee provides documents describing the allegations of infringement; c. Esri has sole control of the defense of any action and negotiation related to the defense or settlement of any claim; and d. Licensee reasonably cooperates in the defense of the claim at Esri's request and expense. 8.2 If Software or Online Services are found to infringe a US patent,copyright,or trademark,Esri,at its own expense,may either(i)obtain rights for Licensee to continue using the Software or Online Services or(ii) modify the allegedly infringing elements of Software or Online Services while maintaining substantially similar functionality. If neither alternative is commercially reasonable,the license shall terminate,and Licensee shall cease accessing infringing Online Services and shall uninstall and return to Esri or its authorized distributor any infringing item(s).Esri's entire liability shall then be to indemnify Licensee pursuant to Section 8.1 and(i)refund the Perpetual License fees paid by Licensee to Esri or its authorized distributor for the infringing items,prorated on a five(5)-year, straight-line depreciation basis beginning from the initial date of delivery,and(ii)for Term Licenses and maintenance,refund the unused portion of the fees paid. 8.3 Esri shall have no obligation to defend Licensee or to pay any resultant costs,damages,or attorneys'fees for any claims or demands alleging direct or contributory infringement to the extent arising out of(i)the combination or integration of Software or Online Services with a product,process,or system not supplied by Esri or specified by Esri in its Documentation;(ii)material alteration of Software or Online Services by anyone other than Esri or its subcontractors;or (iii)use of Software or Online Services after modifications have been provided by Esri for avoiding infringement or use after a return is ordered by Esri under Section 8.2. 8.4 THE FOREGOING STATES THE ENTIRE OBLIGATION OF ESRI AND ITS AUTHORIZED DISTRIBUTOR WITH RESPECT TO INFRINGEMENT OR ALLEGATION OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. ARTICLE 9—GENERAL PROVISIONS 9.1 Future Updates.Use of Products licensed under this License Agreement is covered by the terms and conditions contained herein.New or updated Products may require additional or revised terms of use under the then-current Esri License E204 Page 5 of 7 06/13/2014 Agreement.Esri will make new or revised terms of use available at http://www.esri.com/legal/software-license or provide notice of new or revised terms to Licensee. 9.2 Export Control Regulations.Licensee expressly acknowledges and agrees that Licensee shall not export,reexport, import,transfer,release,or provide access to Products,Content,Licensee's Content,or Value-Added Applications to(i)any US embargoed country;(ii)any person on the US Treasury Department's list of Specially Designated Nationals;(iii) any person or entity on the US Commerce Department's Denied Persons List,Entity List,or Unverified List;or(iv) any person or entity or into any country where such export,reexport, access,or import violates any US,local,or other applicable import/export control laws or regulations including,but not limited to,the terms of any import/export license or license exemption and any amendments and supplemental additions to those import/export laws as they may occur from time to time. 9.3 Taxes and Fees,Shipping Charges.License fees quoted to Licensee are exclusive of any and all applicable taxes or fees,including,but not limited to,sales tax,use tax,value-added tax(VAT),customs,duties,or tariffs,and shipping and handling charges. 9.4 No Implied Waivers.The failure of either party to enforce any provision of this License Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 9.5 Severability.The parties agree that if any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable. 9.6 Successor and Assigns.Licensee shall not assign,sublicense,or transfer Licensee's rights or delegate Licensee's obligations under this License Agreement without Esri's and its authorized distributor's prior written consent,and any attempt to do so without consent shall be void.This License Agreement shall be binding on the respective successors and assigns of the parties to this License Agreement.Notwithstanding,a government contractor under contract to the government to deliver Products may assign this License Agreement and Products acquired for delivery to its government customer upon written notice to Esri,provided the government customer assents to the terms of this License Agreement. 9.7 Survival of Terms.The provisions of Articles 2, 5,6,7,8,and 9 of this License Agreement shall survive the expiration or termination of this License Agreement. 9.8 Equitable Relief.Licensee agrees that any breach of this License Agreement by Licensee may cause irreparable damage and that,in the event of such breach,in addition to any and all remedies at law,Esri or its authorized distributor shall have the right to seek an injunction,specific performance,or other equitable relief in any court of competent jurisdiction without the requirement of posting a bond or proving injury as a condition for relief. 9.9 US Government Licensee.The Products are commercial items,developed at private expense,provided to Licensee under this License Agreement. If Licensee is a US government entity or US government contractor,Esri licenses Products to Licensee in accordance with this License Agreement under FAR Subparts 12.211/12.212 or DFARS Subpart 227.7202.Esri Data and Online Services are licensed under the same DFARS Subpart 227.7202 policy as commercial computer software for acquisitions made under DFARS.Products are subject to restrictions,and this License Agreement strictly governs Licensee's use,modification,performance,reproduction,release,display,or disclosure of Products. License provisions that are inconsistent with federal law will not apply.A US government Licensee may transfer Software to any of its facilities to which it transfers the computer(s)on which such Software is installed. If any court,arbitrator,or board holds that Licensee has greater rights to any portion of Products under applicable public procurement law,such rights shall extend only to the portions affected. 9.10 Governing Law,Arbitration a. Licensees in the United States of America, Its Territories, and Outlying Areas.This License Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict of laws principles,except that US federal law shall govern in matters of intellectual property and for US government agency use. Except as provided in Section 9.8,any dispute arising out of or relating to this License Agreement or the breach thereof that cannot be settled through negotiation shall be finally settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.Judgment on the award rendered by the arbitrator may be entered in a court of competent jurisdiction. If Licensee is a US government agency,this License Agreement is subject to the E204 Page 6 of 7 06/13/2014 Contract Disputes Act of 1978,as amended(41 USC 601-613),in lieu of the arbitration provisions of this clause. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods,the application of which is expressly excluded. b. All Other Licensees.Except as provided in Section 9.8,any dispute arising out of or relating to this License Agreement or the breach thereof that cannot be settled through negotiation shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one(1)arbitrator appointed in accordance with said rules.The language of the arbitration shall be English.The place of the arbitration shall be at an agreed-upon location.This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods,the application of which is expressly excluded.Either party shall,at the request of the other,make available documents or witnesses relevant to the major aspects of the dispute. 9.11 Maintenance.Maintenance for qualifying Products consists of updates and other benefits, such as access to technical support,specified in Esri's or its distributor's current applicable maintenance policy. 9.12 Feedback.Esri may freely use any feedback,suggestions,or requests for Product improvements that Licensee provides to Esri. 9.13 Patents.Licensee may not seek,and may not permit any other user to seek,a patent or similar right worldwide that is based on or incorporates any Esri technology or services.This express prohibition on patenting shall not apply to Licensee's software and technology except to the extent that Esri technology or services,or any portion thereof,are a part of any claim or preferred embodiment in a patent application or a similar application. 9.14 Entire Agreement.This License Agreement,including its incorporated documents,constitutes the sole and entire agreement of the parties as to the subject matter set forth herein and supersedes any previous license agreements, understandings,and arrangements between the parties relating to such subject matter.Additional or conflicting terms set forth in any purchase orders,invoices,or other standard form documents exchanged during the ordering process,other than product descriptions,quantities,pricing,and delivery instructions,are void and of no effect.Any modification(s)or amendment(s)to this License Agreement must be in writing and signed by each party. E204 Page 7 of 7 06/13/2014 • 1 esri• Esri,380 New York St.,Redlands,CA 92373-8100 USA•TEL 909-793-2853•FAX 909-793-5953 EXHIBIT 1 SCOPE OF USE (E300 02/24/2016) ADDENDUM 1 SOFTWARE TERMS OF USE (E300-1) This Software Terms of Use Addendum("Addendum 1")sets forth the terms of Licensee's use of Software and includes the Licensee's existing master license agreement,if any,or the License Agreement found at http://www.esri.com/legal/software- license(as applicable,the"License Agreement"),which is incorporated by reference.This Addendum 1 takes precedence over conflicting General License Terms and Conditions of the License Agreement. SECTION 1—DEFINITIONS Software may be offered under the following license types as set forth in the applicable sales quotation,purchase order,or other document identifying the Products that Licensee orders: 1. "ArcGIS for Personal Use" means personal use of an individual User only.Personal Use excludes use for the benefit of any third party,including commercial,educational,governmental or non-profit entities. 2. "Concurrent Use License" means a license to install and use the Product on computer(s)on a network,but the number of simultaneous users may not exceed the number of licenses acquired.A Concurrent Use License includes the right to run passive failover instances of Concurrent Use License management software in a separate operating system environment for temporary failover support. 3. "Deployment Server License" means a full use license that authorizes Licensee to install and use the Software for all uses permitted in the License Agreement and as described in the Documentation. 4. "Development Server License" means a license that authorizes Licensee to install and use the Software to build and test Value-Added Applications as described in the Documentation. 5. "Esri Client Software"means ArcGIS Runtime apps,ArcGIS for Desktop,and ArcGIS API for Flex apps. 6. "Esri Content Package" means a digital file containing ArcGIS Online basemap content(e.g.,raster map tiles, images,vector data)extracted from the ArcGIS Online Basemap Services. 7. "Named User" means Licensee's employee,agent,consultant or contractor to whom Licensee has assigned a unique, secure named user login credential that enables access to a Product that requires such credential in order to use credential-managed capabilities within a Product for Licensee's exclusive benefit.For educational use,Named Users may include registered students. 8. "Perpetual License" means a license to use a version of the Product,for which applicable license fees have been paid,indefinitely,unless terminated by Esri or Licensee as authorized under this Agreement. 9. "Single Use License" means a license that allows Licensee to permit a single authorized end user to install and use the Product on a single computer for use by that end user on the computer on which the Product is installed. Licensee may permit the single authorized end user to install a second copy for end user's exclusive use on a second computer as long as only one(1)copy of Product is in use at any time.No other end user may use Product under the same license at the same time for any other purpose. 10. "Staging Server License" means a license that authorizes Licensee to install and use the Software for the following purposes:building and testing Value-Added Applications and map caches;conducting user acceptance testing, performance testing,and load testing of other third-party software;staging new commercial data updates;and training activities as described in the Documentation. Value-Added Applications and map caches can be used with Development and Deployment Servers. 11. "Term License" means a license or access provided for use of a Product for a limited time period("Term")or on a subscription or transaction basis. E300 Page 1 of 16 02/24/2016 SECTION 2-TERMS OF USE FOR SPECIFIC SOFTWARE The following table is a list of Esri Products that have specific terms of use in addition to the general terms of use as set forth in the General License Terms and Conditions of the License Agreement.Additional terms of use are listed immediately below this table and are referenced by number(s),shown in parentheses,immediately following each Product name in the following table(in some cases,the additional terms of use referenced may be found in a separate Addendum,as noted): Desktop Products Developer Tools • ArcGIS for Desktop(Advanced, Standard,or Basic) • AppStudio for ArcGIS Standard(11, 16, 19) (26;Addendum 2,Note 1;Addendum 2,Note 6) • ArcGIS Runtime SDK for Android,iOS,Java,Mac • ArcGIS Earth(65;Addendum 2,Note 1) OS X,Microsoft.NET Framework(Windows • ArcGIS Explorer Desktop(20;Addendum 2,Note 1) [desktop],Windows Phone, Windows Store),Qt,or • ArcGIS for AutoCAD(20) WPF(16; 19;Addendum 2,Note 1) • ArcPad(12; 13;Addendum 2,Note l;Addendum 2, • ArcGIS Runtime Standard Level for Android,iOS, Note 2) Java,Mac OS X,Microsoft.NET Framework • ArcReader(20;Addendum 2,Note 1) (Windows[desktop],Windows Phone,Windows • Esri Business Analyst(Addendum 2,Note I; Store),Qt,or WPF(15; 18;Addendum 2,Note 1) Addendum 2,Note 4) • ArcGIS Engine Developer Kit and Extensions(16, 19; • ArcGIS for Windows Mobile(15; 54; Addendum 2. 22,26) Note 1) • ArcGIS Engine for Windows/Linux and Extensions • ArcGIS for iOS;ArcGIS for Windows Phone;ArcGIS (15;22;26;Addendum 2,Note 1;Addendum 2, for Android(Addendum 2,Note I) Note 6) • ArcGIS for Personal Use(Addendum 2,Note 1) • ArcGIS Web Mapping(including ArcGIS API for JavaScript/HTML5,ArcGIS API for Flex,ArcGIS Server Products API for Microsoft Silverlight)(15; 16;64;66; • ArcGIS for Server Addendum 2,Note 1) - Workgroup(28;29;30;32;38; 39; Addendum 2, • Esri Business Analyst Server Developer Note 1;Addendum 2,Note 6) (Addendum 2,Note 1;Addendum 2,Note 4) - Enterprise(31; 38;39;Addendum 2,Note 1; • Esri Developer Network(EDN)Software and Data Addendum 2,Note 6) (24;26;Addendum 2,Note 6) - with Virtual Cloud Infrastructure(10; • Esri File Geodatabase API(47) Addendum 3-Common Terms) • ArcGIS for Server Extension Bundled Products - ArcGIS for INSPIRE(Addendum 2,Note 1) • ArcGIS for Transportation Analytics(l;Addendum 2, - ArcGIS for Maritime: Server(2) Note 1;Addendum 2,Note 2;Addendum 2,Note 11) • Esri Business Analyst for Server - Workgroup(28;29;30;31;39;Addendum 2, Other Note 1;Addendum 2,Note 4) • Navigator for ArcGIS(14) - Enterprise(31;39;Addendum 2,Note 1; Addendum 2,Note 4) • Portal for ArcGIS(31;Addendum 2,Note 1) • Esri Tracking Server(31) Notes: • If you do not license any of the Products in the table above,these additional terms of use do not apply to you. • Additional terms of use for Products ONLY APPLY to the Products that reference them by number in the table above. • Unless otherwise noted in the applicable Ordering Document,extensions to Software follow the same scope of use as that granted for the corresponding Software. Additional Terms of Use for Products listed above: 1. Licensee may use the Software,Data,and Online Services included in ArcGIS for Transportation Analytics solely for direct support of fleet operations.No other use of ArcGIS for Transportation Analytics or the individual components that are part of ArcGIS for Transportation Analytics is permitted.This restriction does not apply to the E300 Page 2 of 16 02/24/2016 ArcGIS Online for Organizations account included with ArcGIS for Transportation Analytics.The ArcGIS Online for Organizations account can be used for any purpose subject to the terms of this License Agreement. 2. Not for use in navigation. 3-9. Reserved. 10. Licensee will provide information or other materials related to its content(including copies of any client-side applications)as reasonably requested to verify Licensee's compliance with this License Agreement.Esri may monitor the external interfaces(e.g.,ports)of Licensee's content to verify Licensee's compliance with this License Agreement.Licensee will not block or interfere with such monitoring,but Licensee may use encryption technology or firewalls to help keep its content confidential. Licensee will reasonably cooperate with Esri to identify the source of any problem with the ArcGIS for Server with Virtual Cloud Infrastructure services that may reasonably be attributed to Licensee's content or any end-user materials that Licensee controls. 11. Applications built with AppStudio for ArcGIS Standard are subject to the terms of use for ArcGIS Runtime Standard Level. 12. May be used for navigational purposes only when used in conjunction with ArcLogistics. 13. "Dual Use License" means the Software may be installed on a desktop computer and used simultaneously with either a personal digital assistant(PDA)or handheld mobile computer as long as the Software is only used by a single individual at any one(1)time. 14. May be used for navigational purposes. 15. Licensed as a Deployment License,subject to Article 3,Section 3.1 of the General License Terms and Conditions. 16. Licensee may use the SDKs or APIs to create Value-Added Applications and distribute and license those Value- Added Applications to its end users to use the Value-Added Applications anywhere not prohibited under export regulation subject to Article 3, Section 3.1 of the General License Terms and Conditions. 17. Reserved. 18. The Deployment License is per Value-Added Application per computer. 19. License may not be used to develop Internet or server-based Value-Added Applications. 20. Licensee may reproduce and distribute the Software provided all the following occur: a. The Software is reproduced and distributed in its entirety; b. A license agreement accompanies each copy of the Software that protects the Software to the same extent as this License Agreement,and the recipient agrees to be bound by the terms and conditions of the license agreement; c. All copyright and trademark attributions/notices are reproduced;and d. There is no charge or fee attributable to the use of the Software. 21. Reserved. 22. a. An end user must license either ArcGIS Engine for Windows/Linux Software or other ArcGIS for Desktop Software(Basic,Standard,or Advanced)to obtain the right to run an ArcGIS Engine application on one(1)computer;and b. The ArcGIS Engine for Windows/Linux extensions shall not be used in combination with ArcGIS for Desktop Software to run ArcGIS Engine Value-Added Applications.A single user can have multiple ArcGIS Engine Value-Added Applications installed on one(1)computer for use only by that end user. 23. Reserved. 24. EDN Software may be used only for the purposes of development,testing,and demonstration of a prototype Value- Added Application and creating map caches. Value-Added Applications and map caches can be used with Staging and Deployment Servers. EDN server Software and Data may be installed on multiple computers for use by any Licensee EDN developer;all other EDN Software is licensed as a Single Use License. 25. Reserved. 26. An ArcSDE Personal Edition geodatabase is restricted to ten(10)gigabytes of Licensee's data. 27. Reserved. 28. Use is limited to ten(10)concurrent end users of applications other than ArcGIS for Server applications.This restriction includes use of ArcGIS for Desktop Software,ArcGIS Engine Software,and third-party applications that connect directly to any ArcGIS for Server geodatabase.There are no limitations on the number of connections from web applications. 29. Software can only be used with a supported version of SQL Server Express. Supported versions are listed with the system requirements for the product on the Esri website. 30. Use is restricted to a maximum of ten(10)gigabytes of Licensee's data. E300 Page 3 of 16 02/24/2016 • 31. Licensee may have redundant Esri Server Software installation(s)for failover operations,but the redundant Software can only be operational during the period the primary site is nonoperational.The redundant Software installation(s) shall remain dormant,except for system maintenance and updating of databases,while the primary site or any other redundant site is operational. 32. Redundant Software installation for failover operations is not permitted. 33-37. Reserved. 38. The ArcGIS 3D Analyst for Server extension included with ArcGIS for Server Standard(Workgroup or Enterprise) may be used only for generating globe data cache(s)or publishing a globe document as an ArcGIS Globe Service. No other use of the ArcGIS 3D Analyst for Server extension Software is permitted with ArcGIS for Server Standard. 39. Any editing functionality included with ArcGIS for Server is not permitted for use with ArcGIS for Server Basic (Workgroup or Enterprise). 40-46. Reserved. 47. Licensee may develop and distribute Value-Added Applications that use Esri File Geodatabase API to Licensee's end users. 48-53. Reserved. 54. ArcGIS for Windows Mobile Deployments are licensed for use with ArcGIS for Server Enterprise(Advanced or Standard),ArcGIS for Server Workgroup(Advanced),ArcGIS for Desktop(Advanced,Standard,Basic),and ArcGIS Engine Value-Added Applications. 55-63. Reserved. 64. Value-Added Application(s)for web deployment must be used in conjunction with other Esri Product(s).Third- party technologies may also be used in conjunction with Value-Added Application(s)as long as the Value-Added Application(s)is always used in conjunction with other Esri Product(s). 65. Can only be used in conjunction with other Esri Product(s).Third-party technologies may also be used in conjunction with ArcGIS Earth as long as ArcGIS Earth is always used in conjunction with other Esri Product(s). 66. For desktop applications,each license is per organization.For the purposes of this license, organization is equivalent to a principal registered unique domain identifier.Domain is the Internet domain name registered with a domain name registrar.For instance, in example.com,example.com is the registered unique domain identifier. Similarly,in example.com.xx,where xx is a registered country code,example.com.xx is the registered unique domain identifier. Desktop applications can be used by any employee of the organization with the principal registered unique domain identifier.There is no limit to the number of applications that can be built and deployed within an organization. E300 Page 4 of 16 02/24/2016 ADDENDUM 2 DATA TERMS OF USE (E300-2) This Data Terms of Use Addendum("Addendum 2")sets forth the terms of Licensee's use of Data and includes Licensee's existing master license agreement,if any,or the License Agreement found at http://www.esri.com/legal/software-license(as applicable,the"License Agreement"),which is incorporated by reference.This Addendum 2 takes precedence over conflicting General License Terms and Conditions of the License Agreement.Esri reserves the right to modify the Data terms of use referenced below at any time.For Data licensed through a subscription,Licensee may cancel the subscription upon written notice to Esri or discontinue use of the Data,as applicable. If Licensee continues to use the Data,Licensee will be deemed to have accepted the modification. Data terms of use are set forth in the notes referenced below: SECTION 1—GENERAL RESTRICTIONS ON USE OF DATA In addition to the restrictions set forth in Article 4.2 of the License Agreement,the following restrictions apply to use of Data by Licensee and Licensee's end users(collectively, "Users").Any use of Data that is not expressly authorized in Section 2 or elsewhere in the License Agreement is strictly prohibited.Without limiting the generality of the foregoing, Licensee shall ensure Users are prohibited from(i)cobranding Data,(ii)using the Data in any unauthorized service or product,or (iii)offering Data through or on behalf of any third party. SECTION 2—SPECIFIC TERMS OF USE FOR DATA The following table is a list of Esri Products that have specific terms of use in addition to the general terms of use as set forth in the General License Terms and Conditions of the License Agreement.Additional terms of use are listed immediately below this table and are referenced by number(s),shown in parenthesis,immediately following each Product name in the following table: • ArcGIS Online Data(1) • Business Analyst Data(4, 10) • StreetMap Premium for ArcGIS(2) • Demographic,Consumer,and Business Data("Esri • StreetMap for Windows Mobile(2) Data")(5, 10) • StreetMap for ArcPad(2) • Data and Maps for ArcGIS(6) • StreetMap Premium for ArcGIS for Transportation • Esri MapStudio Data(9) Analytics(2;Addendum 1,Note 1) • World Geocoder for ArcGIS Basic(7) • HERE Traffic Data(11;Addendum 1,Note 1) • Data Appliance for ArcGIS(3) Notes: • If you do not license any of the Products in the table above,these additional terms of use do not apply to you. • Additional terms of use for Products ONLY APPLY to the Products that reference them,by number,in the table above. Additional Terms of Use for Products listed above: 1. ArcGIS Online Data: Software and Online Services that reference this note enable access to ArcGIS Online Data. ArcGIS Online Data is provided for use solely in conjunction with Licensee's authorized use of Esri Software and Online Services.Use of ArcGIS Online Data that is accessible through non-fee-based ArcGIS Online accounts may be subject to usage limits. Basemap Data And Geocode Search Transactions: a. Basemap data can be taken offline through Esri content packages and subsequently delivered(transferred)to any device for use exclusively with licensed ArcGIS Runtime apps,ArcGIS for Desktop,and ArcGIS API for Flex apps. b. Basemap data is subject to an aggregate limit of fifty million(50,000,000)transactions during any twelve(12)- month period.Transactions include both basemap data and geocode search transactions. One basemap data transaction is equivalent to eight 256x256 tile requests.One geocode search transaction is equivalent to one address E300 Page 5 of 16 02/24/2016 . • or place. If the results are stored in any manner such as after batch geocoding,the stored results are not counted towards the transaction limit. However,storage does consume service credits. Licensee may use Data accessed through ArcGIS Online as permitted under the terms of the URLs referenced below: a. HERE data is subject to the terms of use at http://www.esri.com/supplierterms-HERE. b. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/—/media/Files/Pdfs/legal/pdfs/j9792-teleatlas use data.pdf. c. BODC bathymetry data is subject to the terms of use found at http://www.esri.com/terms-of-use-bodc. d. MB-Research GmbH(MBR)Data:Users are prohibited from(i)using MBR Data,including,without limitation,European demographic data,consumer demand data,and postal and geographic boundaries,for the purpose of compiling,enhancing,verifying, supplementing,adding to,or deleting from any database or other compilation of information that is sold,rented,published,furnished,or in any manner provided to a third party or(ii)modifying or otherwise altering MBR Data without MBR's prior written consent,such consent to be granted or withheld at MBR's sole discretion. 2. StreetMap Premium for ArcGIS:StreetMap for ArcGIS for Windows Mobile;StreetMap for ArcPad;StreetMap Premium for ArcGIS for Transportation Analytics: These Products,collectively referred to as"StreetMap Data," may be used for mapping,geocoding,and point-to-point routing purposes but are not licensed for dynamic,real-time routing guidance.For instance,StreetMap Data may not be used to alert a user about upcoming maneuvers(such as warning of an upcoming turn)or to calculate an alternate route if a turn is missed. StreetMap Data may not be used to perform synchronized multivehicle routing or route optimization.StreetMap Data acquired for use with ArcGIS for Desktop, ArcGIS for Server,ArcPad,or ArcGIS for Transportation Analytics may only be used with the Product for which the StreetMap Data was acquired,and may not be used with any other Product. StreetMap for Windows Mobile Data is licensed for use solely on mobile devices or in conjunction with ArcGIS for Mobile applications. StreetMap Data may include data from either of the following sources: a. HERE data is subject to the terms of use at http://www.esri.com/supplierterms-HERE.HERE data,when licensed for use in StreetMap Premium for ArcGIS for Transportation Analytics,permits tracking,synchronized multivehicle routing,and route optimization. b. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/—/media/Files/Pdfs/legal/pdfs/j9792-teleatlas use data.pdf. 3. Data Appliance for ArcGIS: Data provided with Data Appliance is subject to the following additional terms of use: a. HERE data is subject to the terms of use at http://www.esri.com/supplierterms-HERE. b. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/L/media/Files/Pdfs/legal/pdfs/j9792-teleatlas use data.pdf. c. Data from i-cubed is subject to the terms of use at http://www.esri.com/—/media/Files/Pdfs/legal/pdfs/j9946- icubed.pdf. d. BODC bathymetry data is subject to the terms of use found at http://www.esri.com/terms-of-use-bodc. 4. Business Analyst Data: Business Analyst Data is provided with Esri Business Analyst(Server,Desktop).The Data is subject to the following additional terms of use: a. The Data is provided for Licensee's internal business use solely in connection with Licensee's authorized use of Software. Subject to Addendum 2,Note 10,Business Analyst Data,including derivative products(e.g., geocodes),are restricted for use only in conjunction with the respective Business Analyst extension.If Licensee orders a license for Esri Business Analyst or Business Analyst(Canadian Edition)with a subset of the national dataset(i.e.,Region, State,Local),Licensee may use only the licensed subset,not any other portion of the national dataset. b. Business Analyst Data provided with Business Analyst for Server may not be cached or downloaded by client applications and devices. c. Infogroup data is subject to the following terms of use: "Users" means end users of Esri Software.Any use of the Infogroup database not expressly authorized in this License Agreement is strictly prohibited.Without limiting the generality of the foregoing,Users are expressly prohibited from(i) sublicensing or reselling the E300 Page 6 of 16 02/24/2016 Infogroup database;(ii)using or allowing third parties to use the Infogroup database for the purpose of compiling,enhancing,verifying,supplementing,adding to,or deleting from any mailing list,geographic or trade directories,business directories,classified directories,classified advertising,or other compilation of information that is sold,rented,published,furnished,or in any manner provided to a third party;(iii)using the Infogroup database in any service or product not specifically authorized in this License Agreement or offering it through any third party;(iv)disassembling,decompiling,reverse engineering,modifying,or otherwise altering the Infogroup database or any part thereof without Infogroup's prior written consent,such consent to be granted or withheld at Infogroup's sole discretion;or(v)using the Infogroup database for any direct marketing purposes. d. HERE data is subject to the terms of use at http://www.esri.com/supplierterms-HERE. e. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/–/media/Files/Pdfs/legal/pdfs/j9792-teleatlas use data.pdf. f. MBR Data:Users are prohibited from(i)using MBR Data,including,without limitation,European demographic data,consumer demand data,and postal and geographic boundaries,for the purpose of compiling, enhancing,verifying,supplementing,adding to,or deleting from any database or other compilation of information that is sold,rented,published,furnished,or in any manner provided to a third party or (ii)modifying,or otherwise altering MBR Data without MBR's prior written consent,such consent to be granted or withheld at MBR's sole discretion. g. D&B Data:May not be used for direct mailing or direct marketing purposes. 5. Demographic, Consumer, and Business Data("Esri Data'):This Data category includes the Updated Demographic Database,Census Data,American Community Survey(ACS)Data,Consumer Spending,Business,Retail MarketPlace, Tapestry Segmentation,Market Potential,Crime Index,Major Shopping Center,Traffic Count,and Banking datasets. Esri Data may be used independently of Software or Online Services.Each dataset is available under one or more of the following license types: • Single Use: Permits access by a single user to access the data for development or internal use on a desktop computer or server.No Internet access is permitted. • Internal Site/Server—Known User: Permits access by named(known)users for Licensee's internal use. Web access by those Named Users is permitted. • Public website(noncommercial)—Constituent-Served Model: Permits a municipal government Licensee to use the Data in an externally facing Value-Added Application serving a defined population,provided Licensee does not generate revenue from such use. • Public website(commercial)Known User: Permits Licensee to use the Data in an externally facing Value- Added Application for use by Named Users and to generate revenue from such Value-Added Application. • Public website(commercial)Anonymous User: Permits Licensee to use the Data in an externally facing Value-Added Application for general use and to generate revenue from such Value-Added Application. 6. Data and Maps for ArcGIS: The Data is available to licensed users of ArcGIS for Desktop,ArcGIS for Server,and ArcGIS Online.Data and Maps for ArcGIS is provided for use solely in conjunction with authorized use of ArcGIS for Desktop,ArcGIS for Server,and ArcGIS Online. a. Licensee may redistribute the Data as described in the Redistribution Rights Matrix available at http://www.esri.com/legal/redistribution-rights,in the Help system,or in supporting metadata files,subject to the specific attribution descriptions and requirements for the dataset accessed. b. StreetMap Data may be used for mapping,geocoding,and routing purposes but is not licensed for dynamic routing purposes.For instance,StreetMap USA may not be used to alert a user about upcoming maneuvers (such as warning of an upcoming turn)or to calculate an alternate route if a turn is missed. 7. Limited to 250,000,000 geocodes during the term of the subscription. 8. Reserved. 9. MapStudio Data: Use of this Data is subject to the following terms and conditions: a. HERE data is subject to the terms of use at http://www.esri.com/supplierterms-HERE. b. Tele Atlas/TomTom data is subject to the terms of use at http://www.esri.com/–/media/Files/Pdfs/legal/pdfs/j9792-teleatlas use_data.pdf. E300 Page 7 of 16 02/24/2016 • c. Data from i-cubed is subject to the terms of use at http://www.esri.com/-/media/Files/Pdfs/legal/pdfs/j9946- icubed.pdf. d. D&B Data:May not be used for direct mailing or direct marketing purposes. 10. Licensee may include Data in hard-copy or read-only format("Outputs")in presentation packages,marketing studies,or other reports or documents prepared for third parties.Licensee shall not resell or otherwise externally distribute Outputs in stand-alone form. 11. ArcGIS for Transportation Analytics—HERE traffic data option:This online data service is available as an option for use exclusively with ArcGIS for Transportation Analytics.Use of this data is subject to the following terms and conditions: a. HERE traffic data is subject to the terms of use at http://www.esri.com/supplierterms-HERE. b. No automatic routing or rerouting based on traffic conditions is permitted without the Navigation add-on. c. HERE traffic data may not be archived and may be delivered only for end users'personal,near-term use,not to exceed one(1)twenty-four(24)-hour period. d. HERE traffic data may not be used to display or broadcast in any FM/AM/HD radio broadcast or television broadcast or through any RDS delivery method. e. HERE traffic data may not be used with or incorporated into any traffic system that provides voice traffic reports to inbound callers. f. HERE traffic data may not be used to develop or commercially make available a text-to-voice e-mail alert or message or voice mail application using any portion of HERE traffic data. E300 Page 8 of 16 02/24/2016 ADDENDUM 3 ONLINE SERVICES ADDENDUM (E300-3) This Online Services Addendum("Addendum 3")sets forth the terms of Licensee's use of Online Services and includes the Licensee's existing master license agreement,if any,or the License Agreement found at http://www.esri.com/legal/software- license(as applicable,the"License Agreement"),which is incorporated by reference.This Addendum 3 takes precedence over conflicting General License Terms and Conditions of the License Agreement.Esri reserves the right to update the terms from time to time. Section 1 of this Addendum 3 contains terms applicable to all Online Services; Section 2 contains common terms applicable to specific Online Services. SECTION 1—COMMON TERMS OF USE OF ONLINE SERVICES ARTICLE 1—DEFINITIONS In addition to the definitions provided in the License Agreement,the following definitions apply to this Addendum 3: a. "Anonymous Users" refers to anyone who has public access to any part of the Licensee's Content or Value-Added Applications,which Licensee has published through the use of the Sharing Tools,included with Licensee's licensed use of the Software or Online Services,as further described in Section 2 of this Addendum. b. "API"means application programming interface. c. "App Login Credential" means a system-generated application login and associated password,provided by registering a Value-Added Application with ArcGIS Online,which can be embedded in a Value-Added Application to enable the Value-Added Application to access and use Online Services. d. "ArcGIS Website" means http://www.arcgis.com and any related or successor websites. e. "Content" means data,images,photographs,animations,video,audio,text,maps,databases,data models, spreadsheets,user interfaces,software applications,and Developer Tools. f. "Developer Tools" means software development kits(SDKs),APIs,software libraries,code samples,and other resources. g. "Licensee's Content" means any Content that Licensee,a Licensee's Named User,or any other user submits to Esri in connection with Licensee's use of the Online Services,any results derived from the use of Licensee's Content with Online Services,and any Value-Added Applications Licensee builds with Developer Tools and deploys with Online Services. Licensee's Content excludes any feedback,suggestions,or requests for Product improvements that Licensee provides to Esri. h. "Named User" means Licensee's employee,agent,consultant or contractor to whom Licensee has assigned a unique, secure named user login credential that enables access to a Product that requires such credential in order to use credential-managed capabilities within a Product for Licensee's exclusive benefit.For educational use,Named Users may include registered students. i. "Online Content" means Content hosted or provided by Esri as part of Online Services, including any Map Services, Task Services,Image Services and excluding Content provided by third parties that Licensee accesses through Online Services. j. "Service Components" means each of the following:Online Services,Online Content,ArcGIS Website,Developer Tools,Documentation,or related materials. k. "Sharing Tools" means publishing capabilities included with Online Services and ArcGIS Website that allow Licensee to make Licensee's Content and Value-Added Applications available to third parties and/or Anonymous Users. 1. "Value-Added Application" means an application developed by Licensee for use in conjunction with the authorized use of any Software,Data,or Online Services. m. "Web Services" as used under Licensee's existing signed license agreement,if any,means Online Services and any Content delivered by such Online Services. ARTICLE 2—USE OF ONLINE SERVICES 2.1 License to Online Services.Esri grants Licensee a personal,nonexclusive,nontransferable,worldwide license to access and use Online Services as set forth in the applicable Ordering Documents(i) for which the applicable license fees have been E300 Page 9 of 16 02/24/2016 • . paid(if required),(ii)for Licensee's own internal use by Licensee and Licensee's Named Users or Anonymous Users(if applicable),and(iii) in accordance with this License Agreement and the licensed configuration on file as authorized by Esri. 2.2 Provision of Subscription Online Services.For subscription Online Services,Esri will a. Provide Online Services to Licensee in accordance with the Documentation; b. Provide customer support in accordance with Esri's standard customer support policies and any additional support Licensee may purchase;and c. Use commercially reasonable efforts to ensure that Online Services will not transmit to Licensee any Malicious Code,provided Esri is not responsible for Malicious Code that was introduced to Online Services through Licensee's account or through third-party Content. 2.3 Licensee's Responsibilities. a. Licensee shall be responsible for Named Users'compliance with this Agreement.Licensee and Licensee's Named Users or Anonymous Users(if applicable)are the only persons authorized to access Online Services through Licensee's accounts.Named Users'login credentials are for designated Named Users only and may not be shared among multiple individuals.Named Users'login credentials may be reassigned to new Named Users if the former users no longer require access to Online Services. b. Licensee and Licensee's Named Users are responsible for maintaining the confidentiality of Authorization Codes, Access Codes,Named Users'login credentials,or any other method that is provided that enables access to Online Services and for ensuring that unauthorized third parties do not access Licensee's account.Licensee will immediately notify Esri if Licensee becomes aware of any unauthorized use of Licensee's account or any other breach of security. c. Licensee is solely responsible for the development and operation of Licensee's Content and Value-Added Applications and the manner in which it chooses to allow or provide use,access,transfer,transmission, maintenance,or processing ability to or by others,including any use and access to Products,and any subsequent end user,end use,and destination restrictions issued by the US government and other governments. 2.4 Prohibited Uses of the Online Services.In addition to the prohibited uses or except as provided under the License Agreement,Licensee shall not(i)attempt to gain unauthorized access to the Online Services or assist others to do so;(ii)use Online Services for spamming,to transmit junk e-mail or offensive or defamatory material,or for stalking or making threats of physical harm;(iii)use Online Services to store or transmit software viruses,worms,time bombs,Trojan horses,or any other computer code,files,or programs designed to interrupt,destroy,or limit the functionality of any computer software, hardware,or telecommunications equipment("Malicious Code");(iv)mirror,reformat,or display Online Services in an attempt to mirror and/or make commercial use of Online Services except to the degree that Online Services directly enable such functionality;(v)share the client-side data cache derived from Online Content with other licensed end users or third parties;(vi)distribute the client-side data cache derived from Online Services to third parties;(vii)manually or systematically collect or scrape(screen or web scraping)Content from Online Services;(viii)use ArcGIS Online Map Services,Geocoding Services,or Routing Services in communication with any in-vehicle navigation system installed in a vehicle(this does not include portable navigation devices)or that provides real-time,dynamic routing to any device(for instance,these services may not be used to alert a user about upcoming maneuvers such as warning of an upcoming turn or to calculate an alternate route if a turn is missed);or(ix)incorporate any portion of Online Services into a commercial product or service unless the commercial product adds material functionality to Online Services.Licensee shall not use Online Services to(a)infringe or misappropriate any third-party proprietary rights or privacy rights;(b)process,store,transmit,or enable access to any information,data,or technology controlled for export under the International Traffic in Arms(ITAR) regulations;(c)violate any export law; or(d)store or process Licensee's Content that is Covered Defense information(CDI) under DFARS 204.73,or is protected health information(PHI)under the Health Insurance Portability and Accountability Act (HIPAA).Licensee shall not attempt to(a)probe,scan,or test the vulnerability of the Online Services or to breach any security or authentication measures used by the Online Services;or(b)benchmark the availability,performance,or functionality of Online Services for competitive purposes.Licensee is responsible for any fines,penalties,or claims against Esri,including reasonable attorneys'fees,arising out of Licensee's noncompliance with any of the foregoing prohibitions. 2.5 Evaluations.Esri may provide licenses to use certain Services for Licensee's internal evaluation purposes. Such licenses continue until the stated evaluation period expires or until Licensee purchases a subscription,whichever occurs first.IF LICENSEE DOES NOT CONVERT LICENSEE'S EVALUATION LICENSE TO A SUBSCRIPTION PRIOR TO EXPIRATION OF THE EVALUATION TERM,ANY CONTENT AND CUSTOMIZATIONS THAT LICENSEE UPLOADED OR MADE DURING THE EVALUATION TERM WILL BE PERMANENTLY LOST.IF LICENSEE DOES E300 Page 10 of 16 02/24/2016 NOT WISH TO PURCHASE A SUBSCRIPTION,LICENSEE MUST EXPORT SUCH CONTENT BEFORE THE END OF LICENSEE'S EVALUATION PERIOD. 2.6 Modifications of Online Services.Esri reserves the right to alter or modify Online Service(s)and related APIs at any time. If reasonable under the circumstances,Esri will provide thirty(30)days'prior notice of any material alterations. 2.7 Discontinuation or Deprecation of Online Services. Esri reserves the right to discontinue or deprecate an Online Service(s)and related API(s)at any time.If reasonable under the circumstances,Esri will provide ninety(90)days'prior notice of any Online Service discontinuation or deprecation.Esri will attempt to support any deprecated APIs for up to six(6)months,unless there are legal,financial,or technological reasons not to support them. 2.8 If any modification,discontinuation,or deprecation of Online Service(s)causes a material,adverse impact to Licensee's operations,Esri may at its sole discretion attempt to repair,correct,or provide a workaround for Online Services.If a viable solution is not commercially reasonable,Licensee may cancel its subscription to Online Services,and Esri will issue a prorated refund. 2.9 Attributions.Licensee may not remove or obscure any trademarks or logos that would normally be displayed through the use of the Online Services without written permission. Licensee must include attribution acknowledging that its application is using Online Services provided by Esri,if attribution is not automatically displayed through the use of Online Services. Guidelines are provided in the Documentation. ARTICLE 3—TERM AND TERMINATION The following supplements Article 5—Term and Termination of the License Agreement: 3.1 Term of Subscriptions.The term of any subscription will be provided in the Ordering Document under which it is purchased or in the Online Services description referenced therein. 3.2 Subscription Rate Changes.Monthly subscription rates may be increased upon thirty(30)days'notice.Esri may increase rates for subscriptions with a term greater than one(1)month by notifying Licensee at least sixty(60)days prior to expiration of the then-current subscription term. 3.3 Service Interruption Online Service(s)may be temporarily unavailable,without prior notice,for any unanticipated or unscheduled downtime or unavailability of all or any portion of Online Services,including system failure or other events beyond the reasonable control of Esri. 3.4 Service Suspension.Esri shall be entitled,without any liability to Licensee,to suspend access to any portion or all of Online Services at any time on a service-wide basis(a)if Licensee breaches the License Agreement;(b)if Licensee exceeds usage limits and fails to purchase additional license capacity sufficient to support Licensee's continued use of Online Services as described in Article 5 of this Addendum;(c)if there is reason to believe that Licensee's use of Online Service(s)will adversely affect the integrity, functionality,or usability of the Online Service(s);(d)if Esri and its licensors may incur liability by not suspending Licensee's account;(e)for scheduled downtime to conduct maintenance or make modifications to Online Service(s);(f)in the event of a threat or attack on Online Service(s)(including a denial-of-service attack)or other event that may create a risk to the applicable part of Online Services; or(g) in the event that Esri determines that Online Services(or portions thereof)are prohibited by law or otherwise that it is necessary or prudent to do so for legal or regulatory reasons. If feasible under these circumstances,Licensee will be notified of any Service Suspension beforehand and allowed reasonable opportunity to take remedial action. 3.5 Esri is not responsible for any damage,liabilities,losses(including any loss of data or profits),or any other consequences that Licensee or any Licensee customer may incur as a result of any Service Interruption or Service Suspension. ARTICLE 4—LICENSEE'S CONTENT,FEEDBACK 4.1 Licensee's Content.Licensee retains all right,title,and interest in Licensee's Content.Licensee hereby grants Esri and Esri's licensors a nonexclusive,nontransferable,worldwide right to host,run,and reproduce Licensee's Content solely for the purpose of enabling Licensee's use of Online Services. Without Licensee's permission,Esri will not access,use,or disclose E300 Page 11 of 16 02/24/2016 Licensee's Content except as reasonably necessary to support Licensee's use of Online Services,respond to Licensee's requests for customer support,or troubleshoot Licensee's account or for any other purpose authorized by Licensee in writing. If Licensee accesses Online Services with an application provided by a third party,Esri may disclose Licensee's Content to such third party as necessary to enable interoperation between the application,Online Services,and Licensee's Content.Esri may disclose Licensee's Content if required to do so by law or pursuant to the order of a court or other government body,in which case Esri will reasonably attempt to limit the scope of disclosure. It is Licensee's sole responsibility to ensure that Licensee's Content is suitable for use with Online Services and for maintaining regular offline backups using the Online Services export and download capabilities. 4.2 Removal of Licensee's Content. Licensee will provide information and/or other materials related to Licensee's Content as reasonably requested by Esri to verify Licensee's compliance with this License Agreement.Esri may remove or delete any portions of Licensee's Content if there is reason to believe that uploading it to,or using it with,Online Services violates this License Agreement. If reasonable under these circumstances,Esri will notify Licensee before Licensee's Content is removed. Esri will respond to any Digital Millennium Copyright Act take-down notices in accordance with Esri's Copyright Policy, available at http://www.esri.com/legal/dmcaj,olicy. 4.3 Sharing Licensee's Content.If Licensee elects to share Licensee's Content using Sharing Tools,then Licensee acknowledges that it has enabled third parties to use,store,cache,copy,reproduce,(re)distribute,and(re)transmit Licensee's Content through Online Services. ESRI IS NOT RESPONSIBLE FOR ANY LOSS,DELETION,MODIFICATION,OR DISCLOSURE OF LICENSEE'S CONTENT RESULTING FROM USE OR MISUSE OF SHARING TOOLS OR ANY OTHER SERVICE COMPONENTS.LICENSEE'S USE OF SHARING TOOLS IS AT LICENSEE'S SOLE RISK. 4.4 Retrieving Licensee's Content upon Termination.Upon termination of the License Agreement or any trial,evaluation, or subscription,Esri will make Licensee's Content available to Licensee for download for a period of thirty(30)days unless Licensee requests a shorter window of availability or Esri is legally prohibited from doing so.Thereafter,Licensee's right to access or use Licensee's Content with Online Services will end,and Esri will have no further obligations to store or return Licensee's Content. ARTICLE 5—LIMITS ON USE OF ONLINE SERVICES; SERVICE CREDITS Esri may establish limits on the Online Services available to Licensee.These limits may be controlled through Service Credits.Service Credits are used to measure the consumption of ArcGIS Online services made available through Licensee's account.The maximum Service Credits provided with Licensee's ArcGIS Online account will be addressed in the applicable Ordering Document.Esri will notify Licensee's account administrator when Licensee's Service Credit consumption reaches approximately seventy-five percent(75%)of the Service Credits allocated to Licensee through Licensee's subscription.Esri will notify Licensee's account administrator if Licensee's Service Credit consumption reaches or exceeds one hundred percent (100%).If Licensee's account exceeds one hundred percent(100%)of the available Service Credits,Licensee may continue to access its account;however,Licensee's access to services that consume Service Credits will be suspended.Licensee's access to the services that consume Service Credits will be restored immediately upon the completion of Licensee's purchase of additional Service Credits. ARTICLE 6—ONLINE CONTENT;THIRD-PARTY CONTENT AND WEBSITES 6.1 Online Content.ArcGIS Online Data is included as a component of Online Services and is licensed under the terms of the License Agreement. 6.2 Third-Party Content and Websites.Online Services and ArcGIS Website may reference or link to third-party websites or enable Licensee to access,view,use,and download third-party Content.This Agreement does not address Licensee's use of third-party Content,and Licensee may be required to agree to different or additional terms in order to use third-party Content.Esri does not control these websites and is not responsible for their operation,content,or availability;Licensee's use of any third-party websites and third-party Content is as is,without warranty,and at Licensee's sole risk.The presence of any links or references in Online Services to third-party websites and resources does not imply an endorsement,affiliation,or sponsorship of any kind. E300 Page 12 of 16 02/24/2016 SECTION 2—TERMS OF USE FOR SPECIFIC ONLINE SERVICES The following table is a list of Esri Products that have specific terms of use in addition to the general terms of use as set forth in the General License Terms and Conditions of the License Agreement.Additional terms of use are listed immediately below this table and are referenced by number(s),shown in parentheses,immediately following each Product name in the following table(in some cases,the additional terms of use referenced may be found in a separate Addendum,as noted): • ArcGIS Online(1;2;Addendum 2,Note 1; • Esri Redistricting Online(Addendum 2,Note 1) Addendum 2,Note 6) • Esri MapStudio(4;Addendum 2.Note 1; • Esri Business Analyst Online(3;Addendum 2,Note 1) Addendum 2,Note 9) • Esri Business Analyst Online Mobile(3;Addendum 2, • Navigator for ArcGIS(Addendum 1,Note 14) Note 1) • Esri Community Analyst(3;Addendum 2,Note 1) Notes: • If you do not license any of the Products in the table above,these additional terms of use do not apply to you. • Additional terms of use for Products ONLY APPLY to the Products that reference them by number in the table above. Additional Terms of Use for Products listed above: 1. In addition to the common terms of use of Online Services: a. Licensee may use Licensee's Esri Online Services account to build a Value-Added Application(s)for Licensee's internal use. b. Licensee may also provide access to Licensee's Value-Added Application(s)to third parties,subject to the following terms: i. Licensee may allow Anonymous Users to access Licensee's Value-Added Application(s). ii. Licensee shall not add third parties as Named Users to Licensee's ArcGIS Online account for the purpose of allowing third parties to access Licensee's Value-Added Application(s).This restriction does not apply to third parties included within the definition of Named Users. iii. Licensee shall not provide a third party with access to ArcGIS Online Services enabled through Licensee's ArcGIS Online account other than through Licensee's Value-Added Application(s).This restriction does not apply to third parties included within the definition of Named Users. iv. Licensee is responsible for any fees accrued through the use of Licensee's ArcGIS Online account by third parties accessing Licensee's Value-Added Application(s).This includes Service Credits required to support third-party Online Services usage and any additional subscription fees for Online Services as required. v. Licensee is solely responsible for providing technical support for Licensee's Value-Added Application(s). vi. Licensee will restrict third-party use of Online Services as required by the terms of this Agreement. vii. Licensee may not embed a Named User credential into a Value-Added Application.For ArcGIS Online for Organizations,Education,and Nongovernmental Organization/Nonprofit Organization(NGO/NPO)Plan accounts,an App Login Credential may only be embedded into Value-Added Applications that are used to provide public,anonymous access to ArcGIS Online.Licensee may not embed or use ArcGIS Online App Login Credentials in Value-Added Applications for internal use.Value-Added Applications used internally require Named User login credentials. c. For ArcGIS Online ELA,ArcGIS Online for Organizations,and paid Developer Plan accounts: i. Licensee is also permitted to (1) Charge an additional fee to third parties to access Licensee's Value-Added Application(s),subject to the terms of this License Agreement;and E300 Page 13 of 16 02/24/2016 A. (2) Transfer Licensee's Value-Added Application(s)to a third party's ArcGIS Online account,subject to the following: (a) Licensee may charge third parties a fee for Licensee's Value-Added Application(s). (b) Licensee is not obligated to provide technical support for the third party's general use of its ArcGIS Online account not related to Licensee's Value-Added Application(s). (c) Licensee is not responsible for any fees accrued through the third party's use of Licensee's Value- Added Application(s)that have been transferred to or implemented on the third party's ArcGIS Online account. (d) Licensee is not permitted to invite licensees of an ArcGIS Online Public Plan to participate in private groups.This restriction also applies to licensees of Education Plan accounts and NGO/NPO Plan accounts. d. For ArcGIS Online Public Plan accounts,Development and Testing Plan accounts,Education Plan accounts,and NGO/NPO use of ArcGIS Online for Organizations accounts:Licensee is not permitted to charge an additional fee to third parties to access Licensee's Value-Added Application(s)or generate more than incidental advertising revenue as a consequence of the deployment or use of the Value-Added Application(s).Charging a fee to access Licensee's Value-Added Application(s)or generating more than incidental advertising revenue requires an ArcGIS Online ELA,ArcGIS Online for Organizations,or paid Developer Plan account. e. For ArcGIS Online Public Plan accounts: i. Public Plan accounts are licensed for the personal use of an individual.Any use of Public Plan accounts by an individual for the benefit of a for-profit business or a government agency is prohibited. • This restriction does not apply to educational institutions when used for teaching purposes only,qualified NGO/NPO organizations,and press or media organizations. Individuals affiliated with these specific types of organization are permitted to use ArcGIS Online Public Plan accounts for the benefit of their affiliated organization(s). ii. Public Plan account Licensees are not permitted to create private groups or participate in any private group created by licensees of ArcGIS Online for Organizations,Education,NGO/NPO,or ELA Plans. f. For ArcGIS Online Development and Testing Plan accounts: i. Subject to the terms of this License Agreement,Licensee is permitted to (1) Allow third parties to access Licensee's Value-Added Application(s)powered by their Development and Testing Plan account,but only if the Value-Added Application(s)is published for public access and is not used for the benefit of a for-profit business or government agency. • This restriction does not apply to educational institutions when used for teaching purposes only, qualified NGO/NPO organizations,and press or media organizations.Individuals affiliated with these specific types of organizations are permitted to use ArcGIS Online Development and Testing Plan accounts for the benefit of their affiliated organization(s). ii. Development and Testing Plan account licensees are not permitted to create private groups or participate in any private group created by licensees of ArcGIS Online for Organizations,Education,NGO/NPO,or ELA Plans. g. For ArcGIS Online paid Developer Plan accounts or Development and Testing Plan accounts: i. Licensee is limited to one million(1,000,000)basemap and one million(1,000,000)geosearch Transactions per month in conjunction with Licensee's account. "Transaction" is defined in the Documentation at ArcGIS Resources at http://links.esri.com/agol/transactiondef. E300 Page 14 of 16 02/24/2016 h. Licensee is not permitted to be the licensee of an ArcGIS Online account for or on behalf of a third party. • This restriction does not apply to education institutions that are permitted to be licensees of ArcGIS Online Public Plan accounts on behalf of registered students of the education institution for teaching purposes only. Education institutions are also permitted to provide access to a single ArcGIS Online Public Plan account to more than one(1)registered student when used for teaching purposes only. i. The terms"Online ELA account," "Organizations Plan account," "Developer Plan account," "Public Plan account," "Development and Testing Plan account," and"Education Plan account" refer to different types of ArcGIS Online accounts. 2. Terms of Use for ArcGIS Online Services: a. World Geocoding Service: Licensee may not store the geocoded results generated by the service without an ArcGIS Online account. b. Infographics Service: Licensee may use the data accessible through this service for display purposes only. Licensee is prohibited from saving any data accessible through this service. 3. Licensee may not display or post any combination of more than one hundred(100)Esri Business Analyst Online or Esri Community Analyst Reports and maps on Licensee's external websites. 4. Licensee may create,publicly display,and distribute maps in hard copy and static electronic format for news-reporting purposes,subject to any restrictions for ArcGIS Online Data set forth in Addendum 2,Note 1. E300 Page 15 of 16 02/24/2016 •' ADDENDUM 4 LIMITED USE PROGRAMS (E300-4) This Limited Use Programs Addendum("Addendum 4")applies to any Licensee that has been qualified by Esri or its authorized distributor to participate in any of the programs described herein.This Addendum 4 includes the Licensee's existing master license agreement,if any,or the License Agreement found at http://www.esri.com/legal/software-license(as applicable,the"License Agreement"),which is incorporated by reference.This Addendum 4 takes precedence over conflicting terms of the License Agreement.Esri reserves the right to update the terms from time to time. • Educational Programs(1) • Home Use Program(3) • Grant Programs(2) • ArcGIS for Personal Use(4) • Other Esri Limited Use Programs(5) Notes 1. Educational Programs: Licensee agrees to use Products solely for educational purposes during the educational use Term. Licensee shall not use Products for any Administrative Use unless Licensee has acquired an Administrative Use Term License. "Administrative Use" means administrative activities that are not directly related to instruction or education, such as asset mapping,facilities management,demographic analysis,routing, campus safety,and accessibility analysis. Licensee shall not use Products for revenue-generating or for-profit purposes. 2. Grant Programs: Licensee may use Products only for Noncommercial purposes. Except for cost recovery of using and operating the Products,Licensee shall not use Products for revenue-generating or for-profit purposes. 3. ArcGIS for Home Use Program: a. All ArcGIS for Home Use Program Products are provided as Term Licenses and are identified on Esri's Home Use Program website found at http://www.esri.com/software/arcgis/arcgis-for-home or Licensee's authorized distributor's website. b. Esri grants to Licensee a personal,nonexclusive,nontransferable, Single Use License,without the authorization to install or use a second copy, solely to use the Products provided under the ArcGIS for Home Use Program as set forth in the applicable Ordering Documents(i)for which the applicable license fees have been paid,(ii)for Licensee's own Noncommercial internal use,(iii)in accordance with this License Agreement and the configuration ordered by Licensee or as authorized by Esri or its authorized distributor,and(iv) for a period of twelve(12)months unless terminated earlier in accordance with the License Agreement. "Noncommercial" means use in a personal or individual capacity that(i)is not compensated in any fashion;(ii)is not intended to produce any works for commercial use or compensation;(iii)is not intended to provide a commercial service;and(iv)is neither conducted nor funded by any person or entity engaged in the commercial use,application,or exploitation of works similar to the licensed Products. c. Installation Support.Installation Support for a period of ninety(90)days is included with ArcGIS for Home Use. As discussed further on the Esri or authorized distributor's website,Esri provides technical support in response to specific inquiries.Installation Support will apply only to unmodified Software. Software is provided only for standard hardware platforms and operating systems supported by Esri as described in the Software Documentation. Esri is not responsible for making or arranging for updates to interfaces for nonstandard devices or custom applications. Esri Installation Support will be provided in compliance with the Esri ArcGIS for Home Use Installation Support document on the Esri website at http://www.esri.com/—/media/Files/Pdfs/legaUpdfs/home-use-installation- support.pdf.Esri supports users solely with the installation of Esri Software.Esri's Support website is at http://support.esri.com/en/support. Support provided by an authorized distributor will be in accordance with the distributor's technical support program terms and conditions. 4. Other Esri Limited Use Programs: If Licensee acquires Products under any limited use program not listed above, Licensee's use of the Products may be subject to the terms set forth in the applicable launching page or enrollment form or as described on Esri's website in addition to the nonconflicting terms of this Addendum 4.All such program terms are incorporated herein by reference. E300 Page 16 of 16 02/24/2016 Atfr SUPPLY CO. Tuesday,June 07,2016 Elizabeth Fitzgerald Doc: 060716bs Ocoee Police Dept 646 Ocoee Commerce Parkway Ocoee, FL 34761 Re: Canon iPF830 Dear Elizabeth: The following products and prices are offered for your consideration: Part No. Vendor Description Price iPF830 Canon 44 inch color plotter D&I Xact Delivery, assembly, install, &training INCLUDED OPTIONAL 2YRCARE Xact Two year Care Pack coverage(3 total) FOB: Destination Terms: Net 30 Days w/open account Delivery: 7-10 days ARO This quotation is valid for 30 Days unless accepted with a purchase order or written agreement Thank you for your interest in Xact products and services. Please contact me if you have any questions, I can be reached at(813)237-3368. Sincerely, Skip Keaton Xact Supply Co., Inc. 813-237-3368 "Your source for wide format printing solutions" 'r Canou SEE IMPOSSIBLE imagePROGRAF iPF85O/840/830 MORE THAN EXPECTED lfjriffO///////°:""Ni-g-P-1-----"T IIIIb %or-- „poor ahoy grr- • • 7j TECHNICAL as DOCUMENTS 9 1.2�7 LARGE-FORMA r, III PRINTING SOLUTIONS 111111111111111r ' ., / J f ifN _ • si l ; a 1 '' „.,--1.-q-----------"' - 1:'''''' ''-- Ill.- 1-i--- - .,. -_ .111 0 I � y m�p i pal .1,20 6 OA. - III 35. o ry ,-... Introducing tL �� iPF850/iPF840/iPF830 \ _ Large-Format Printers . Advanced Large-Format Solutions for Technical Documents Production Printing. These printers bring in new capa 3ilities FEATURES to high-volume inkjet printing for the High Productivity imagePOGRAF line. The introduction The iPF850 printers'high-capacity stacker* manages mix- size sets, making it easier for you to get the job done faster of the high-capacity stacker*coupled and efficiently. with the reformulated magenta ink, The Two Media Roll System and Auto Roll Switching feature on the iPF850/iPF840 printers can have you printing without the Gigabit Ethernet compatibility, anc need to change media types and roll size in the middle of ajob. Two Media Roll System,' produce the The printers are capable of producing an Arch D-sized print in approximately 22 seconds.*** fine lines, speed, and functionality Continuous Printing you'c expect from an imagePROGAF Canon's Sub-Ink Tank System lets you swap inks on-the-fly. Couple that with the available 700 ml Canon Ink Tanks and large-format printer. With a 320 GB these printers can do the long continuous printing needed hard drive and Sub-Ink Tank system, when running high production jobs. Vivid Colors these printers can fit virtually into any The reformulated magenta ink helps improve the clarity and high volume, inkjet workflow. vibrancy of the fine lines,images,and text of your documents. *IPF850 only **iPF850/iPF840 only ***Arch D plain paper,cut speed:Fast mode • • HnagePCGRAF HIGH PRODUCTIVITY SOFTWARE HIGH-CAPACITY STACKER WIRELESS PRINTING The iPF850 printer offers the efficiency needed by high-volume Speed up your workflow with the imagePROGRAF Print inkjet users.With the capability of stacking up to 100 Arch E- Utility,Canon's wireless printing mobile apptt via an Apple® sized drawings,the iPF850 printer's high-capacity stacker* iPad®.It gives you needed mobility when on the job site.You manages different size media.And the prints are stacked in the can preview a PDF,JPEG,or PNG file prior to printing and front of the unit,making it easy to retrieve your documents. utilize some of the great tools,such as selecting the number DUAL ROLL of copies,orientation,and quality using Canon's Printer Driver. Download it free in the App Store" It's about continuous workflow,whether you're printing all day or all week. The iPF850/iPF840 printers make it easy FILE HANDLING to keep the job going with their Two Media Roll System, Printing professionally means handling big jobs—and those producing breathtaking technical drawings and images. come with different files from different people in different Without the hassle of constantly changing paper when the places.These printers produce large sets with Direct Print job requires a mixed set of different media or roll size,your &Share,ttta file sharing and printing software with support workflow can increase with the automatic routing feature by for PDF,JPEG,TIFF,and HP/GL-2 files. sending your job to the correct roll on the right media. ECONOMICAL PRINTING MADE EASY PRINT SPEED Stop the guessing game.Tracking the cost-per-print and total The iPF850/iPF840/iPF830 printers produce stunning technical cost for a job is made easy with the built-in Accounting ManagerA drawings at a highly efficient rate.Capable of producing an Arch feature located within Status Monitor.Export the raw data to a D-sized print in just 22 seconds,t these printers fit into most high CSV file and import information into your own system. production or print-for-pay workflows. Fast Data Transfer POSTER CREATION SOFTWARE Printing jobs quick is important on the work site and in the office. Creating posters by hand is time-consuming and inconsistent. The Gigabit Ethernet connectivity can transfer large technical Canon's PosterArtist Lite•offers the ease,creativity,and drawing files to help speed up your workflow,making it ideal professional look you want when designing a poster.The built- for high-volume printing. in Web link connects users directly to the PosterArtist site for useful hints,tips,and even more content for download. Download a free demo at www.usa.canon.com/posterartist. R N • kid 111.11111111111k III iPF850 iPF840 iPF830 Two media roll system high-volume Two media roll system high-volume One media roll system high-volume inkjet model with High Capacity Stacker inkjet model•• inkjet model *iPF850 only. **iPF850/iPF840 only. t Plain paper:Fast mode tt Available on App Store.Compatible with iPad°2 or later,running iOS 6.1 or later Data charges may apply.Mobile device and large-format printer must utilize the same network.Printer must be connected to the same router that mobile device is connected to via wireless capability.Wireless performance may vary based on terrain and distance between the printer and wireless network clients.In order to print from imagePROGRAF Print Utility,user must open their PDF,IPEG,PNG file in another,supported iPad`app.Then,the user would select"Open in"and choose the print utility app. ttt Your server must be compatible with a webDAV enabled cloud account,including but not limited to,Google,Carbonite or Rackspace,to take advantage of the cloud functionality.Storage capacity and any pricing thereof is based on the third-party cloud provider's current offering,at its sole discretion.Your cloud account is subject to the third-party cloud provider's terms and conditions.Neither Canon Inc.nor Canon U.S.A.,Inc.represents or warrants any third-party product,service, or feature referenced hereunder. •PC only. ••Included Portable Media Basket not shown. 4, imagePROGRAF SPECIFICATIONS iPF85O/840/830 Print-Head Borderless Printing Widths(Roll Media Only)• Operational Environment PF-04 10',14'.17',24',36",42"B2(20.287515 mm), Temperature:59-86 F'(15-30 C•) Technology Al(23.387594 mm),80(40.6".1030 mm), Relative Humidity:10-80%(No Condensation) FINE(Photolithography Inkjet Nozzle Engineering) AO(33.117841 mm) Printer Dimensions(H x W x D)and Weight with Stand Print Resolution(Max.) Media Cutter (with Portable Media Basket Open on iPF840 and iPF830) 2400 x 1200 dpi Durable Dual-Blade Rotary Cutter iPF830 Line Accuracy* Media Thickness 45'x 75'x 51'Approx.380 lb. ±0.1%or Less 0.07-0.8 mm(2.8-31.4 mil) iPF840 Minimum Line Weight** Media Core Sizes 45'x 75"x 51"Approx.417 lb. 0.02mm 2'and 3'Core(Adapter Included) iPF850(with Stacker Connected) Number of Nozzles Maximum Roll Outer Diameter 45'x 75"x 52'Approx.470 lb. Matte Black: 5,120 Nozzles 5.9'(150 mm) Package Dimensions(H x W x D)and Weight Other Colors: 2,560 Nozzles per Color Output Media Bin iPF830 Droplet Size Portable Media Basket(Standard)(iPF840/iPF830), 46'x 84"x 58'Approx.564 lb. 4 Picoliter 44"Plain Paper High Capacity Stacker(iPF850 only) IPF840 Nozzle Pitch(Head Resolution) Printing Software 46"x 84'x 62'Approx.697 lb. 1200 dpi x Two Rows imagePROGRAF Printer Driver for Windows`/Mac`, IPF850 Print-Head Swath Printer Driver Extra Kit for Windows/Mac(Free Print or x 82'x 42'Approx.494 lb. 1.07 inch Utility Layout,Color imageRUNNER'Enlargement IPFBSO Stadcer Ink Type Copy,Advanced Preview).Print Plug-in for Microsoft 40'x 82"x 42'Approx.309 lb. Cyan C Word/Excel/PowerPoint for Windows,PosterArtist C Dye: y ( ),Magenta(M),Yellow(Y),Black(BK) Options Pigment:Matte Black(MBK) Lite for Windows,Direct Print&Share •Roll Holder Set(RH2-44) Operati ng System •PosterArtist Ink Tank Windows XP,Server 2012(64 bit), Shipped with Printer.PFI-307(330 ml)MBK,C.M,Y,BK Server 2003 R2(32/64 bit).Server 2008 R2,(32/64 bit), •Take-up Roll(TU-06)(iPF830 only) Replacement:PFI-307(330 ml)MBK,C,M,Y,BK Windows Vista'(32/64 bit),Windows 7(32/64 bit); User-Replaceable Items PFI-707(700 ml)MBK,C,M,Y,BK Windows 8(32/64 bit),Windows 8.1(32/64 bit), •Ink Tank(PFI-307/PFI-707) Ink Supply Method Macintosh OS X 10.6.8-10.10 •Print-Head(PF-04) Tubing System with Sub-tanks for Continuous Print Language •Maintenance Cartridge(MC-09 or MC-10) Ink Supply Printer:GARO,HP-GL/2,HP RTL What's In The Box Nozzle Recovery System Interface IPF830 Non-firing Nozzle Detection and Compensation Standard(Built-in):USB 2.0 Hi-Speed,10/100/ Printer,Portable Media Basket,User Software Printer Controller 1000Base-T/TX CD(Printer Driver,Utilities),PosterArtist Lite,5 L-COA Controller Acoustic Noise Ink Tanks(MBK,C,M,Y,K),2/3'Core Media Spool, Printer Memory Operation:60 dB(A)or Less(iPF850) Print-Head,Maintenance Cartridge,Quick Setup Guide 32 GB Dedicated File Processing Memory 52 dB or Less(iPF840/iPF830) (Poster),Printer Reference Guide(Booklet),Power Standby:35 dB(A)or Less Cord,One-Year Onsite Limited Warranty,Registration Printer RAM y' ( ) Card,Stand,Hardware(For Setting Up the Printer) 384 MB Acoustic Power:7.5 Bels or Less(iPF850) iPF840 Hard Drive 6.8 Bels or Less(iPF840/iPF830) All items included in iPF830,plus Secondary Roll Unit 320 GB Power Supply iPF850 Mail Boxes(User Job Storage) AC 100-240V(50.60Hz) All items included in iPF830(except the Portable One Common Inbox;29 User Inboxes Power Consumption Media Basket),plus Secondary Roll Unit and High (Password-protected) Maximum:iPF840/iPF830:190 W or Less Capacity Stacker Media Feed iPF850:200 W or Less Roll Feed:iPF830:One Roll,Front-loading,Front Output Standby:5 W or Less(11 W or Less when IEEEI394 iPF840:Two Rolls,Front-loading,Front Output is Mounted) 'Line accuracy repeatability is guaranteed after a user performs necessary adjustment and under the same iPF850:Two Rolls,Front-loading,Front Output Power Off:0.5 W or Less(Executive Order Compliant) environmental conditions.Applies to media for line drawing Media Width Certifications (Plain Paper,Coated Paper,CAD Translucent Matte Film,and Roll Feed:10"-44'(254 mm-1118 mm) Electrical Safety Regulations CAD Tracing Paper)only Cut Sheet:8"-44"(203.2 mm-1118 mm) UL(USA),C-UL(Canada).S mark(Argentina),CE mark •'Theoretical value based on data resolution. Printable Margins (EN60950,EN55022 classB,EN61000-3-2,EN-61000- 'Borderless printing not available when Stacker is connected. Roll Feed:All Sides:0.12'(3 mm)or 0"for Borderless' 3-3,EN55024)(EU),CB Certification(Others) t The maximum printable length varies,depending on Maximum Print Length(Single Paget Electromagnetic Interface Regulations the application,OS,and RIP used Roll Feed:59'(18 m) FCC Class B(USA),IC Class B(Canada) Cut Sheet:63'0.6m) Environmental Certifications ENERGY STAR*(Worldwide),RoHS Directive,WEEE, Executive Order(USA) \ WWW.USA.CANON.COM/LARGEFORMAT canon SEE IMPOSSIBLE As an ENERGY STAR'Partner,Canon U.S.A.,Inc.has determined that these products meet the ENERGY STAR guidelines for energy efficiency.ENERGY STAR and the ENERGY STAR mark are registered U.S.marks.Canon.imagePROGRAF,imageRUNNER.and the GENUINE logo are registered trademarks of Canon Inc.in the United States and may also be registered trademarks or trademarks in other countries.All other referenced product names and marks are trademarks of their respective owners.All printer output images are simulated.Specifications and availability subject to change without notice.Not responsible for typographical errors. ©2015 Canon U.S.A.,Inc.All rights reserved. 0195W968 :F� `sa�o - 5� green B-21� � 0715-iPF850/840/830-10M-LSP : N E rW9Chucor,nognch In I f r,; L-COA No5•unineerinq ,9iiS Which ArcGIS for Desktop Software Is Right for You? ArvGIS for Desktop alows you to analyze your data and author geographic knowledge to examine relationships,s,test predictions, and uhrlatety make better decisions. It is avaiable in three icense levels—Bask, Standard. orAdvanced. These icense levels share the same core appb ations, user interface. and development environment Each Tense level provides additional G1S functionaiy as you move from Bask to Standard to Advanced_ Optional ArcGIS for Desktop extensions offer speclaf¢ed tools and additional capabities to enhance your system Download the ArcMap Functionaity Mattis Basic 5lariaard Advanced tap Creator arid irrieractive Visua Iization Vsualy model and spaiiaiy analyze a process or workflow_ Create interactive maps from fie_ database, and onine sources. Create street-level maps that incorporate GPS bcations. 'dew CAD data or satellite images. Generate reports and charts. Muftiuser Editing and Advanced Data Ma;rregennerd Complete GS data editing capabilities_ 1 4/ Edit a multiuser enterprise geodatabase 1 .f Use disconnected editing in the field. Store historical snapshots of your data_ Automate quaky control. Create spatial data from scanned maps. Use raster-to-vector conversion. 1 1 Advanced Artatysis, High-End Cartography. and Exierrstve Database Management Advanced G1S data analysis and modeling ./ Atlas-We, pubication-quaity maps Advanced data translation and creation Advanced feature manQulatian and processing «/ Data conversion for CAD, raster, dBASE, and coverage formats r/`