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HomeMy WebLinkAbout24-39 Resolution No. 24-39 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH GLOBAL INTELLIGENCE, INC. FOR PURCHASE OF CYBERCHECK SOFTWARE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Global Intelligence, Inc., for purchase of Cybercheck software, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: February 28, 2024 Adopted: February 28, 2024 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 28 day of February, 2024, by and between the City of Elgin, Illinois,a municipal corporation(hereinafter referred to as"City") and Global Intelligence, Inc., d/b/a Cybercheck, a company incorporated under the laws of Canada(hereinafter referred to as"Cybercheck"or"Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase, and Cybercheck shall sell the goods and/or services described by Attachment A, attached hereto and made a part hereof. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, attached hereto and made a part hereof. 3. ACCESSIBILITY. Cybercheck shall allow City access to the full functionality of Cybercheck via a dedicated web portal for the purpose of entering case information and receiving case reports. Access shall not be limited as to time of day, nor will it be limited as to the number of City end users using Cybercheck. 4. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Cybercheck hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Cybercheck agrees that service by first class U.S. mail to Global Intelligence, Inc., 10 Knowledge Park Drive, Suite 130, Fredericton, New Brunswick, E3C 2M7 Canada shall constitute effective service. Both parties hereto waive any rights to a jury. 5. MERGER. This Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 6. INTEREST. Cybercheck hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act(50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this Agreement. 7. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the 1 same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 8. CONFLICT. In the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of Attachment A hereto, or any portion thereof the terms and provisions of this Agreement shall supersede and control. 9. PAYMENT. City shall pay the total sum of Thirty-Five Thousand Dollars and no cents ($35,000.00 USD) within thirty (30) days of receipt of invoice. The aforementioned total sum is inclusive of all freight, shipping and applicable taxes. City is a tax-exempt governmental body. 10. INDEMNIFICATION. To the fullest extent permitted by law, Cybercheck agrees to and shall indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any negligent acts or omissions of Cybercheck or Cybercheck's officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. 11. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute,and shall not be construed as, a waiver of any such rights. 12. LIMITATION OF' ACTIONS. Cybercheck shall not be entitled to, and hereby waives, any and all rights that it might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and commissions of any nature whatsoever and in whatsoever forum after January 1, 2026. 13. NO WAIVER OF IMMUNITIES OR RIGHTS. This Agreement is not intended and shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the City and/or Cybercheck and/or their officials,officers,employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1-101, et seq., as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the City and/or Cybercheck 2 and/or their respective officials, officers, employees and/or agents as a result of this Agreement or any actions of the Parties pursuant to this Agreement. 14. NO SPECIAL OR OTHER DUTY. No special duties or obligations are intended and shall not be deemed or construed to be created by this Agreement. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this Agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or Cybercheck and/or their respective officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in this Agreement. The provisions of this section shall survive any expiration and/or termination of this Agreement. 15. TERM. This Agreement shall be deemed effective March 1, 2024, and shall terminate February 28, 2025. 16. TERMINATION. City may terminate this Agreement for any reason in the City's sole discretion upon thirty (30) days written notice without penalty. In the event of any such termination by the City, Cybercheck, shall be paid on a pro rata basis for work actually performed or goods actually delivered. The person signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. IN WITNESS WHEREOF, the parties have hereto set their hands the day and year first above written. GLOBAL INTELLIGENCE, INC. C LGIN Jeff Shaw G/ 01/(/' Print Name Richard G. Kozal, City Manager Attest: Signature COO Title ty Clerk Legal DepMgreementlCybercheck•Purchase Agr-1.12-24.docx 3 cybercheck case ATTACHMENT A CYBERCHECK CASE END USER AGREEMENT This End User Agreement("Agreement") is entered into as of this 1st day of February, 2024, between Global Intelligence Inc,DBA Cybercheck,a company incorporated under the laws of Canada, with principal offices located at New Brunswick, Canada("CYBERCHECK"), and the City of Elgin,an Illinois municipal corporation,on behalf of the Elgin Police Department, with administrative offices located at 151 Douglas Avenue, Elgin, IL 60120, United States ("CLIENT"). CYBERCHECK and CLIENT shall each be referred to hereunder individually as a "Party" and collectively,the"Parties". 1. COMMERCIAL TERMS CLIENT agrees to the following commercial terms with regard to contract duration,features, quantities and pricing. Services provided by CYBERCHECK under this Agreement are fully described in the attached Schedule 2. CYBERCHECK will allow the CLIENT access to the full functionality of Cybercheck Case via a dedicated web portal for the purpose of entering case information and receiving case reports. Access will not be limited as to time of day, nor will it be limited as to the number of end users of the CLIENT using Cybercheck case. Agreement Term: March 1°t 2024-February 28th 2025 Il in (Ju,uilily \nuucl 10 Cases, lx Supplemental Ask per Case,Real Time Operational $35,000 Locate&Live Support associated to active Case.(1-yr) Total(USD) S35,000 • Accounts that are overdue by more than 60 days will have service suspended until payment has been received. • The pricing presented to the Client is strictly confidential and subject to the Schedule 1 Data Confidentiality Agreement attached herein. COPYRIGHT 0 2023 Cybercheck All Rights Reserved. 1 `cybercheck cybercheck case 2. AGREEMENT This Agreement is entered for the purpose of enabling the CLIENT to utilize Cybercheck Case for criminal investigations and intelligence gathering in compliance with the COMMERCIAL AGREEMENT (page 1), SCHEDULE 1-DATA CONFIDENTIALITY AGREEMENT and the terms contained in these USAGE TERMS AND CONDITIONS. A full description of the services provided under this Agreement are included in SCHEDULE 2-DESCRIPTION OF SERVICES. Subject to the terms and conditions of this Agreement, CLIENT is hereby granted a non- exclusive, non-transferable, non-sub licensable license during the Annual Term(as defined below)to use Cybercheck Case made available by CYBERCHECK to CLIENT pursuant to this Agreement for the sole purpose of this Agreement. CLIENT's license rights to use Cybercheck Case are limited to those expressly granted by this Agreement. Any use of Cybercheck Case by CLIENT in violation of these terms shall be a breach of this Agreement. 3. INTELLECTUAL PROPERTY RIGHTS Cybercheck Case is licensed and not sold; CYBERCHECK retains ownership of all right, title and interest in Cybercheck Case CYBERCHECK, or its licensors, own all intellectual property rights, including patent, copyright, trade secret, trademark and other proprietary rights, in and to Cybercheck Case and the underlying software and technology and all intellectual property rights related thereto. 4. RESTRICTIONS CLIENT shall not use Cybercheck Case for any purpose other than what it is duly permitted and authorized to use for such purpose in identifying Indicators of Criminal Behavior (IOCB). CLIENT agrees and undertakes that it will not, either by itself or by anyone on its behalf: (1) Use Cybercheck Case and/or Services in order to violate third parties'right to privacy or other rights, or harvest or collect personally identifiable information about third parties without their express and informed consent; (2) Forward, publish or otherwise make available Cybercheck Case and/or Services in violation of the provisions of this Agreement, or without the prior written consent of CYBERCHECK; (3) Sell, rent, lease, sublicense, distribute, create partition, redistribute, syndicate, create derivative works of,assign or otherwise transfer or provide access to,in whole or in part, Cybercheck Case or Services; COPYRIGHT®2023 Cybercheck All Rights Reserved. 2 `cybercheck cybercheck I case (4) Use Cybercheck Case or the Services for any illegal, unauthorized or other improper purposes;or (5) Otherwise violate any of the terms set forth under this Agreement. 5. CHOICE OF LAW& FORUM CYBERCHECK agrees that the validity, construction and effect of this Agreement shall be governed by jurisdiction of the CLIENT, and the venue for any legal action will be in a competent court in that jurisdiction. 6. SEVERABILITY In the event any provisions of these terms and conditions are held to be unenforceable for any reason, the unenforceability thereof shall not affect the remainder of the terms and conditions which shall remain in full force and effect and enforceable in accordance with these terms and conditions. 7. NO THIRD-PARTY BENEFICIARIES This Agreement is for the benefit of the parties hereto and is not entered into for the benefit of any other person or entity. Nothing in these terms and conditions shall be deemed or construed to create or confer any benefit, right or cause of action for any third party or entity. 8. WAIVER OF BREACH It is agreed that no waiver or modification of the terms hereof or of any covenant, condition, or limitation contained in said terms shall be valid unless it is in writing and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting the terms hereof, or the right or obligations of any party, unless such waiver or modification is in writing, and duly executed. The waiver by either party of a breach or violation of any provision of these terms and conditions shall be construed as a modification of these terms and conditions and shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or any other provision of these terms and conditions. COPYRIGHT 0 2023 Cybercheck All Rights Reserved. 3 `cybercheck cybercheck case 9. TERM AND TERMINATION This Agreement is effective as of the Effective Date and shall automatically expire on the Annual End Date (i.e., the end of the initial Term) specified in the COMMERCIAL AGREEMENT on page 1, (the "Annual Term"). CLIENT shall have the right to use Cybercheck Case for the Term.This Agreement will automatically terminate at the end of the Term,or if CYBERCHECK or CLIENT fails to comply with any of the terms of this Agreement. Upon termination of this Agreement for any reason, including expiration of the Term, CLIENT agrees to discontinue all use of Cybercheck Case. 10. CONFIDENTIALITY The Data Confidentiality Agreement by and between the Parties is attached as Schedule I and constitutes an integral part of this Agreement. The agreement shall control the disclosure,use and protection of ALL data entered in,and processed by,Cybercheck Case and is classified as Confidential Information between the parties. In summary, ALL data is owned by the CLIENT, the CLIENT is the Data Controller and CYBERCHECK is the Data Processor. 11.DISCLAIMERS PRODUCT AND/OR SERVICES, INCLUDING WITHOUT LIMITATION ANY INFORMATION RELATED THERETO, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF USE,MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE; AND CYBERCHECK DOES NOT WARRANT THAT THE PRODUCT OR SERVICES OR CONTENT CONTAINED THEREIN SHALL BE ERROR-FREE, SHALL BE COMPLETE OR ACCURATE OR SHALL MEET CLIENT'S REQUIREMENTS, NEEDS OR EXPECTATIONS. EXCEPT AS OTHERWISE EXPRESSLY AND SPECIFICALLY PROVIDED FOR IN THIS AGREEMENT, CYBERCHECK DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, AND RELIABILITY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL AND MATERIAL PART OF THIS AGREEMENT. 12. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the use COPYRIGHT 0 2023 Cybercheck All Rights Reserved. 4 `cybercheck cybercheck case of Cybercheck Case and supersedes all prior communications. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representations except such representations as are specifically set forth herein, and the parties acknowledge that they have relied on their own judgment in entering into the same. The parties further acknowledge that any statements or representations that may have been made by either of them to the other are void and of no effect and that neither of them has relied on such statements or representations in connection with its dealings with the other. No "click on" or "click through" online agreements or terms/conditions found on the Website or any other communication by and between the parties shall alter, modify, supplement, or replace these terms and conditions contained herein or found. No alteration of these terms and conditions is binding on CLIENT unless signed by CLIENT. COPYRIGHT C 2023 Cybercheck All Rights Reserved. cybercheck cybercheck I case SCHEDULE I DATA CONFIDENTIALITY AGREEMENT This Data Confidentiality Agreement is effective as of the day, month and year first set forth above in this Agreement by and between CYBERCHECK (the "Disclosing Party"), and the CLIENT (the "Receiving Party"). With respect to any and all information disclosed by the Disclosing Party to the Receiving Party, the parties wish to ensure due protection of such information. Therefore,the parties hereby agree as follows: 1. Receiving Party acknowledges that it may receive information regarding the activities and business of Disclosing Party, its parent companies, subsidiaries and/or affiliates, all whether in oral, written, graphic, or machine-readable form, or in any other form, including, without limitation, concepts, techniques, processes, methods, systems, designs, drawings, photographs, models, prototypes, computer programs, research materials, formulas, development or experimental work,work in progress,mask work,inventions,cost data,marketing plans,product plans, business strategies, financial information, forecasts, personnel information and customer or supplier lists (collectively, "Confidential Information"). Confidential Information also includes information received by or disclosed to the Disclosing Party from a third party under a confidentiality, non-disclosure, non-use or other similar restriction. For the avoidance of doubt, nothing herein shall be deemed to impose on Disclosing Party any duty or obligation to disclose any such information to Receiving Party,and such disclosure shall be at all times at Disclosing Parry's sole and absolute discretion. Furthermore, nothing herein shall be deemed to create any representation that the Confidential Information,or any part of it, is whole, accurate or correct. 2. Receiving Party hereby acknowledges that the Confidential Information is highly confidential, and undertakes that, at all times, it: (i) shall treat and maintain the Confidential Information as confidential, and hold all such Confidential Information in trust and in strict confidence,utilizing the same degree of care it uses to protect its own confidential information, but in no event less than a reasonable degree of care; (ii) shall not disclose the Confidential Information to any third party except as may be required by law,whether or not for consideration; (iii)shall not use the Confidential Information for any purpose other than the limited purpose,or exploit the Confidential Information for its own benefit or for the benefit of anyone else,without the prior written consent of Disclosing Party; and (iv) shall not make any copies of the Confidential Information without the prior written consent of Disclosing Party. 3. The Confidential Information and all right,title and interest therein will remain at all times the exclusive property of Disclosing Party, its parent companies, subsidiary companies and/or affiliates.Nothing hereunder may be construed as granting to Receiving Party any right,warranty or license by implication or otherwise under any patent, copyright, know-how or design rights, or other form of protection of industrial or intellectual property,or as creating any obligation on the part of Disclosing Party to enter into any business relationship whatsoever or to offer for sale any service or product. COPYRIGHT 0 2023 Cybercheck All Rights Reserved. 6 `cybercheck 0 cybercheck 1 case 4. Anything provided for herein to the contrary notwithstanding,the Disclosing Party hereby acknowledges and agrees that the Receiving Party,being the City of Elgin,Illinois, is an Illinois municipal corporation and governmental body, and is subject to the Illinois Freedom of Information Act(5 1LCS 140/1 et seq.). The Receiving Parry's compliance with the provisions of the Illinois Freedom of Information Act, or any actions or disclosures by Receiving Party made in good faith to comply with the Illinois Freedom of Information Act,shall not be construed as and shall not constitute a breach of any of the terms and provisions of his Agreement. The terms and provisions of the Illinois Freedom of Information Act shall control the processing, administration,and disclosure of any Confidential Information by the Receiving Party,and shall supersede any conflicting terms and provisions of this Agreement. COPYRIGHT 0 2023 Cybercheck All Rights Reserved. 7 0 cybercheck cybercheck case SCHEDULE 2- DESCRIPTION OF SERVICES 1. Overview Cybercheck Case is an invaluable resource for providing Law Enforcement(LE)with actionable intelligence to help solve some of the most complicated criminal cases. Using Al and machine learning algorithms,Cybercheck provides agencies with qualified investigative leads that can be used for the buildup of the body of evidence to further investigations along the judicial process and providing added probable cause. Leveraging open-source data on the open,deep,&dark web,Cybercheck focuses on placement and interactions of cyber profiles or CyberDNA,associated with a criminal incident and crime scene. Cybercheck Case is accurate,thorough, and easy to use,all while remaining truly open source. Cybercheck can analyze vast amounts of data in an automated way including mobile signaling,victim interactions, affiliations and associations to criminal networks, and more.This technology identifies case links that may have been missed by traditional investigation methods. Features include: ✓ Full automation of intelligence gathering from surface, deep and dark web information I Extensive correlation and deconfliction across intelligence layers I Operational portal for entering and tracking all cases in process and completed I Reports returned securely to client dedicated Amazon WorkDocs folder 2. Services 2.1. Licensing for Cybercheck Case The Agency is provided with a limited use license for Cybercheck Case during the Term as outlined in the preceding EULA. The EULA includes restrictions for use only in support of criminal investigations undertaken by an authorized Law Enforcement Agency and additional restrictions on improper use. 2.2. Web Portal,Database,and Agency WorkDocs Folder Cybercheck will configure a web portal for agency use as well as dedicated database for returned case intelligence. An Amazon WorkDocs folder is provided where completed case reports will be returned. The web portal provides a simple interface for entering the case"Ask" (intelligence related to a case that is being requested from Cybercheck)and supplemental information about the crime scene and other particulars that are required for the case run. The portal provides automated notification services alerting users to returned results. The portal and WorkDocs site also provide secure identification and authorization services for agency users. Credentials for access must not be shared among users and all users of the portal must have completed the onboarding and training requirements prior to being issued credentials. 2.3. Onboarding During the onboarding phase, Cybercheck will configure the agencies' dedicated web portal, COPYRIGHT®2023 Cybercheck All Rights Reserved. 8 `cybercheck cybercheck case database, and WorkDoes site as described in the previous section. Onboarding requires no access to agency networks and no software is required to be installed. During onboarding, agency users will be trained on how to access the portal as well as receive training on how to access WorkDocs for completed case reports. WorkDoes is also the repository for providing Cybercheck supplementary case information such as witness statements, photo, or video evidence. Support process documentation for contacting support and real-time operations is provided. Additional training for the case submission process along with a FAQ regarding how to formulate the Ask entered with a case file is provided to avoid phrasing that may be too general, broad or otherwise problematic leading to extended case run time. 2.4. Case Entitlements Clients are provisioned with a limited number of cases as detailed in the preceding Commercial Terms. Cases are available in various bundle configurations from 5 to 100+cases in increments that best suit the agency size,case volumes, and budget. The deliverable for this service is the case report of intelligence findings delivered by Cybercheck. A case entry entered by the agency must include the law enforcement agency's case file number along with the required information requested for the investigation (the Ask). A template and examples of case information to support the Ask are provided during onboarding. Case reports are returned at the end of the case run after correlation and deconfliction are completed. Cases entered in the Agency portal are counted toward and decrement from the Agency case entitlement count. Each case is entitled to one supplementary Ask, additional supplemental requests will be subject to additional charges or decrement the agency case count. Cases entered and still running after the contract termination date will still be completed and the report returned to the Agency however continuous service is recommended for ongoing access to portal, WorkDocs and full support&maintenance. A lapse in the period of performance will be subject to a 5% increase to allow for reinitiation of services. Cybercheck's "Hold the Line"commitment-Any case or real-time operation involving a fallen officer, irrespective of commercial agreement, will be completed free of charge. COPYRIGHT 2023 Cybercheck All Rights Reserved. 9 cybercheck cybercheck I case 2.5. Platform Maintenance&Support Cybercheck follows industry best practices regarding system maintenance,updates,and support. Support processes will be reviewed during onboarding and must be followed to ensure the best user experience with the Cybercheck solution. Delays and bottlenecks can arise in cases where the support process is not followed and questions or concerns are instead submitted through sales or administration channels. All support enquires including incidents(platform and case support,real-time support), and service requests(adds, moves and changes)will be assigned an incident ticket by Cybercheck. 2.6. General Support Process Support will be provided for: • Reporting errors,security incidents or outages • Support for problems accessing or using the agency's Cybercheck Case portal or WorkDocs • Service requests relating to the creation and maintenance of user credentials and user onboarding/offboarding General support will be provided during the hours of 8:00am to 8:00 pm EST, Monday through Friday,excluding holidays. Please contact: • By phone by calling our support center 260-253-4401; • By email to support@cybercheck.al except; • Questions regarding court material,subpoenas and any other court related enquiries should be sent by email to classified@cybercheck.ai The following table outlines support timelines by category: Cate„ni') lnrlic:rlur. ~cola Response lime 1—Critical Loss of access to Critical loss of 4 Hours platform,alerts not functionality,no access flowing to platform 2—High Loss of important Subset of features not 8 Hours functionality working or problem with notifications 3—Medium Augmentation Supplementary data Next business day functionality such as screenshots lost missing,expected report fields not COPYRIGHT 02023 Cybercheck All Rights Reserved. 10 `cybercheck 0 cybercheck I case populated. 4-Low General support Request for information 3 business days to respond questions, around functions and to general support questions improvement request features. with answer or action plan in the case of improvement request. Service Request Additions/removals of Routine service request Service ticket processing users, time NBD for additions/removals. Case Submission Submission of cases and Expectation Report generation time supplemental varies by complexity intelligence requests ranging from several weeks to several months for cold cases. COPYRIGHT®2023 Cybercheck All Rights Reserved. 11 `cybercheck cybercheck case 2.7. Real-time Support(24X7) Real-time intelligence is based on real-time collected, analyzed,and correlated data,which represents the actionable intelligence delivered to the members of Agency over a suitable communication channel in real time during an incident.Real-time intelligence is delivered as soon as it becomes available to be used for navigation,tracking and confirming elements of an immediate criminal activity,apprehension associated with a case,or where an imminent threat to public safety has been identified. The following service situations apply: 1. Cybercheck supports the Agency with real-time apprehension support at no additional cost related to an open case file,for example when a suspect needs to be located for arrest or has otherwise fled. 2. Real-time intelligence may also be provided on-demand for delivering actionable intelligence based on the requirement that there is an imminent threat to public safety in the jurisdictions responsible for and enforced by the Agency. This type of real-time support requires that the agency consume a case from their bundled case count to initiate the real-time case. Real-time Support Process Real-time support will be provided on a 24X7 basis, please contact: • By phone by calling our support center 260-253-4400; COPYRIGHT 02023 Cybercheck All Rights Reserved. 12 cybercheck cybercheck case 3. Out of Scope 3.1. Virtual or On-Site Affidavit and Trial Specific Support Affidavit and trial specific support provided by a Cybercheck representative who is duly qualified to testify is available at an additional cost. • Court preparation, outside of initial legal case review, Q&A, and/or kickoff, will be charged at$3000 per case fixed fee. • Virtual court testimony is $300 USD/hour and in-person court attendance is $2500 USD/day for each day the representative is required to attend court. If the date scheduled to testify is moved while the representative is present at the court house additional attendance days will be applicable. One additional day at half rate($1250)will be charged for travel time. Prior authorization from CLIENT is required for travel expenses. Travel expenses for reimbursement include, but are not limited to,accommodation,airfare, car rental,meals, and metra. COPYRIGHT©2023 Cybercheck All Rights Reserved. 13 cybercheck Global cybercheck Intelligence Ino. June 16,2023 Global Intelligence Inc 501-140 Carleton Street Fredericton,NB E3B 3T4 Canada Elgin Police Department 151 INIuglas Ave. t7gin,II. 60120, United Stales Re:Cybercheck Case Sole Source Letter To Whom it May Concern, Global Intelligence Inc.is the sole source provider of Cybercheck Case. Cybercheck Case provides accurate and actionable case intelligence to law enforcement and Intelligence agencies. Cybercheck Case provides intelligence across a supply chain of information ranging from location and movement data to device signalling end cyber profile activity across the surface,deep and dark web. The output delivered from the Cybercheck Case solution is a concise report providing correlated information about a criminal case with layered intelligence context. Cybercheck Case has been exclusively developed by and is sold and licensed by Global Intelligence Inc under our Cybercheck division and tradename. There is no other company, agent,broker,or dealer authorized to represent and sell this product. Further,there is no other product available,either in the open-source community,or available commercially for purchase,that would serve the same purpose and function as Cybercheck Case in its applicability and specificity toward law enforcement investigation cases. In the absence of a competing product of a similar nature available in the market,this solution, Cybercheck Case,developed under a secret process by Global Intelligence Inc.,currently represents a sole source for this intelligence in the market. Sincerely, • Jeff Shaw,COO Global Intelligence Inc. Jeff.Shawgbcybercheck.a i 1 In the world of criminal intelligence,every advantage is critical.Cybercheck it