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EXACUTRACKTM SERVICE AGREEMENT <br /> Agreement No. 080906DY1 <br /> This ExacuTrack Service Agreement ("Agreement") is made between BI INCORPORATED <br /> ("BI"), a Colorado corporation with its principal place of business at 6400 Lookout Road, <br /> Boulder, CO 80301, and CITY OF EVERETT its principal place of business at 3028 Wetmore <br /> Ave., Everett, WA 98201. This Agreement is effective as of the date of full execution. <br /> In consideration of the promises contained herein, and for other good and valuable <br /> consideration, receipt of which is hereby acknowledged, the parties hereto, desiring to be legally <br /> bound, hereby agree as follows: <br /> 1. DEFINITIONS <br /> 1.1. "Client" means a person who is subject to Agency's electronic monitoring <br /> programs. <br /> 1.2. "Confidential Information" means any information which is marked, or should be <br /> reasonably understood to be, confidential, proprietary, or trade secrets of BI. <br /> 1.3. "Documentation" means the "BI ExacuTrack Officer's Reference Manual", which <br /> is incorporated herein by this reference and will be provided upon execution of <br /> this Agreement. <br /> 1.4 "ETS" means ExacuTrack Tracking System. The ExacuTrack Tracking System <br /> consists of the passive monitoring of clients through use of ExacuTrack <br /> Equipment, licensed software and the GPS system. <br /> 1.5. "ExacuTrack Equipment" or "Unit" means (a) a transmitter (a "tag"), (b) a <br /> Tracking Unit, and (c) the base station. <br /> 1.6. "ExacuTrackT""" or "ExacuTrackTM System" means the ExacuTrack Equipment, <br /> licensed software, Documentation and Service. <br /> 1.7. "GPS" means global positioning satellite. <br /> 1.8. "Service" means the services described in Section 2. <br /> 1.9. "System" means BI's ExacuTrack central monitoring computer system that is <br /> located and maintained at BI's offices. <br /> 1.10. "Use" means utilization of the Service via computer for the purpose of accessing <br /> the System. <br /> 2. Bl's SERVICES <br /> 2.1. ExacuTrack System. Bl shall provide Agency access to and use of BI's <br /> ExacuTrack System. BI's ExacuTrack System utilizes an interactive computer system enabling <br /> Clients to be passively monitored using the ETS in accordance with the Documentation. <br /> 2.2. Training. BI will provide an initial training session at no cost to the Agency <br /> regarding the operation and use of the ExacuTrack System. This training is a requirement <br /> before commencement of services under this Agreement. No login ID will be activated until and <br /> unless the assigned user has successfully completed training certified by BI. Additional training <br /> will be available in accordance with Exhibit A. <br /> 2.3. Agency Support. BI will endeavor to provide Agency with answers to specific <br /> Agency support requests as related to the ExacuTrack System. BI will supply Agency with an <br /> address for e-mail and a 1-800 toll free number for questions and or feedback. <br /> ') 6 <br />