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THIS SERVICE AGREEMENT ("AGREEMENT") is made and entered into this 18 September 2015, by and between the "Central Point
Police Department" ("Department"), whose address is 155 South Second Street, Central Point, OR 97502 ("Address") and "Flashback
Data, LLC. 4029 S. Capital of Texas Hwy. Suite 224 Austin, TX 78704 ("Vendor") WHEREAS, Department desires for Vendor to provide
the services necessary to provide digital forensics analysis results;
WHEREAS, Vendor has agreed to perform digital forensics on submitted media;
NOW, THEREFORE, the parties agree as follows:
1. TERM. The term of this Agreement shall begin on the Effective Date and shall continue for an initial term chosen in Appendix A.
The agreement may be renewed by both parties for up to two (2) additional one (1) year terms. The term of this Agreement shall
mean the initial term and all renewal terms.
2. COMPENSATION. ALL PRICING AND COMPENSATION FOR THE SERVICES LISTED ARE INCLUDED IN Attachment A for the
Term and are subject to change only upon mutual written agreement.
2.1. Method of Payment - Department shall be invoiced for the Casework Package purchased under the terms of this Agreement. The
Department agrees to make all payments due within thirty (30) days of receipt of a proper invoice delivered by Vendor.
Payment of 1A the package price is required when the package is ordered. Initial payment must be made prior to starting the
services on the first unit. Subsequent payments are due at the beginning of each year for the package price, or the pro rata
amount for the number of units processed during the prior quarter, whichever is higher, until the package is paid in full.
2.2. One Year Contracts - All units for package pricing must be submitted for processing prior to the anniversary of initiation of the
package. Unused units will be forfeited after the full-term of one year contracts. Should the entire amount of units in a one year
package be exhausted before the anniversary of the Effective Date, Department may purchase additional units at the some cost
within the package term.
2.3. Multiole Year Contracts - On each anniversary of the Effective Date, Vendor will review the account for the number of units
submitted over the previous calendar year. Unused units will rollover only for multiple year contracts, within the term of the
contract. Unused units will be forfeited after the full-term of the contract unless a subsequent multiple year contract is renewed by
both parties prior to the final anniversary of the original Effective Date. In such renewal cases, unused units from the previous
multiple year package will rollover. Should the entire amount of units in a multiple year contract be exhausted prior to the full-
term date, Department may purchase additional units at the same price per unit as agreed upon in the current package.
3. COMPLIANCE WITH LAWS. Both Parties will comply with all applicable federal and state laws and with all local ordinances and
requirements. It is the responsibility of the Department to maintain the data received in accordance with any statute of limitations. All
data obtained through the investigation will be destroyed by the Vendor 30 days after the Department has received the data.
4. SUBSCRIPTION. Department hereby subscribes to the Services outlined in this Agreement. No prior or present agreements or
representations shall be binding upon any party hereto unless incorporated in this Agreement. Department is responsible for
compliance with the Vendor Services terms and conditions set forth herein and the Scope of Work for each submission of units
(Attachment C — example of scope of work for evidence submission). Department shall limit access and use to only the Department's
authorized Law Enforcement Professionals employed by Department who have completed the appropriate training.
4.1. Rates - The rates for Services performed in this Agreement are reflected in the selected options in Attachment A.
4.2. Confidentiality - Except as required by law, Vendor agrees that Materials sent to us are confidential and we further agree to
protect From disclosure to third parties all confidential and proprietary information exchanged in connection with this
engagement. We acknowledge that you are engaging Vendor as a consulting expert and our work under such engagement
may be covered by the attorney work product privilege. We agree not to disclose any information obtained in the course of
our engagement except as directed by you or pursuant to an order of any court.
4.3. Confidential Feedback - Vendor will request feedback on the program regarding, but not limited to, the usability, the
functionality, the benefits, and the overall package. Department agrees not to make any of the above confidential feedback
Flashback Data is an ASCLD/LAB International Accredited Forensic Testing Laboratory. (ISO/IEC 17025:2005)
.. 4029 S. Capital of Texas Hwy e Ste 224 e Austin, Texas 78704 e United States e www.flashbackdato.com
Document Name: CWP Service Agreement I REVISION ID: CWPSA150918 1 Issuing Authority. Damon O'Connell I Effective Date: 09/18/2015 1 Page 1 of 6
public without prior written authorization by Vendor. Vendor acknowledges that the Department is subject to the provisions of
applicable discovery and "Right to Know" laws governing the Department.
4.4. Commercial Feedback -Department agrees to allow Vendor to publically name the Department as a Client, Department
authorizes Vendor to issue a press release announcing the Department as a new Client/user, Department agrees to provide a
quotation to be used in the press release and other marketing materials.
5. WARRANTY. Department understands that the media/data/equipment may be damaged or otherwise unusable and that
Vendor may further damage media/data/equipment in the process of evaluation or recovery. Department agrees to hold
Vendor harmless for any loss or harm to the condition of such media/data/equipment and releases Vendor of all liability for
any claim for loss or damages to the media/data/equipment caused by efforts of Vendor to retrieve data, or otherwise.
Vendor warrants it is capable of rendering the Services described in this Agreement. Each party is responsible for its
employees' performances and will ensure that each employee complies with applicable rules of conduct. Vendor and
Department shall comply with all laws applicable to the Services.
6. STANDARDS. The parties will deliver the Services consistent with accepted law enforcement and forensic industry standards
applicable to the Service. All personnel employed shall be professionals trained in performance of their respective assignments and
use of the Service.
7. OWNERSHIP OF MATERIALS.
7.1. The case management information entered by the Department shall belong to Department. The results, including the data,
produced by Vendor shall belong to Department once the Department has paid for the unit that produced the forensic services.
7.2. It is the responsibility of the Department to maintain the data received in accordance with any statute of limitations. All data
obtained from the Department will be destroyed after (1) one month from the date the data was provided.
8. TERMINATION.
8.1. Either Party may terminate this Agreement if the other party fails to perform any material term or condition of this Agreement
and does not cure the default within thirty (30) calendar days after written notice from the non -defaulting party detailing the
default unless, the default cannot be remedied within thirty (30) calendar days, in which case the defaulting party shall have the
time reasonably necessary to remedy the default.
8.2. If the Department maintains a past -due balance beyond ninety (90) days, Vendor, at its sole discretion, may terminate this
Agreement.
9. FORCE MAJEURE. The failure of either party to perform its obligations shall be excused if such party gives prompt notice of delay
caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes; breakdown of or damage to either party's
equipment, or facilities; court order; law or regulation; order by any regulatory agency; or due to causes beyond the reasonable
control of the party delayed.
10. GOVERNING LAW & DISPUTE RESOLUTION. This Contract shall be construed in accordance with the laws of the State of
Texas, and any action at law in connection herewith shall be brought in the Superior Court of the State of Texas for the Judicial
District of Travis County. All costs and expenses of the prevailing party in enforcing this agreement or for injuries and damages
arising there from shall be borne by the other. Costs and expenses include but are not limited to filing fees, case serving fees, court
fees, witness fees for experts, travel costs for experts, reasonable attorney's fees, stenographer's fees, marshal or sheriff's fees, costs
of subpoenas, and the like.
1 1 . INDEMNIFICATION. Each party will indemnify and hold harmless the other party against third party claims for losses, expenses,
damages, and liability of any nature whatsoever, including court costs and reasonable attorney's fees, as a result, or arising out of
their respective performance under this Agreement.
12. NOTICE. Any notices required to be given by the terms of this Agreement shall be delivered by email and valid once acknowledged
by notice of receipt to:
For Vendor: Forensics@f lash backdata.corn
Flashback Data is an ASCLD/LAB International Accredited Forensic Testing Laboratory. (ISO/IEC 17025:2005)
4029 S. Capital of Texas Hwy • Ste 224 • Austin, Texas 78704 • United States • www.flashbackdato.com
Document Name: CWP Service Agreement I REVISION ID: CWPSA150918 1 Issuing Authority Damon O'Connell I Effective Date: 09/18/2015 1 Page 2 of 6
For Department: Brian.Day@centralpointoregon.gov
13. NO COLLUSION OR FRAUD. The Contractor hereby agrees that all persons interested as principal or principals in the bid or
proposal submitted by the Contractor for this work are named therein; that this Contract has been secured without any connection with
any person or persons other than those named; that this Contract was secured without collusion or fraud; and that neither any officer nor
employee of the Town, nor any member of the immediate family of any such person, has or will have a financial interest in the
performance of this Contract, in the supplies, work or business to which it relates, or in any portion of the profits thereof.
14. INSURANCE.
14.1. VENDOR shall maintain the following insurance during the term of this Agreement:
A. Worker's Compensation and Employer's Liability Insurance in accordance with applicable law, and
B. Comprehensive General Liability - $1,000,000.00 per person/$3,000,000 per occurrence, and
C. Medical/Professional Liability- $1,000,000.00 per person/$3,000,000 per occurrence; or
D. Miscellaneous Errors and Omissions - $1,000,000.00 per person/$3,000,000 per occurrence, or
E. Product Liability- $1,000,000.00 per person/$3,000,000 per occurrence, and
F. If required to transport state employees, Automotive Liability Insurance covering all automotive units used in the work
with limits of not less than $100,000 each person and $300,000 each accident as to bodily injury and $25,000 as to
property damage to others.
14.2. VENDOR shall provide forty-five (45) days written notice of cancellation or material change of any policies.
14.3. In no event shall the State of "Oregon/ Central Point/ Jackson County" or the Department be named as an additional insured
on any policy required under this agreement.
IN WITNESS WHEREOF, the parties duly authorized representatives have executed this Agreement effective as of the date listed below.
VENDOR:
Michael O'Connell
Forensic Division
Flashback Data, LLC
AGENCY/POLICE DEPARTMENT:
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Print Na e/Title t
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Flashback Data is an ASCLD/LAB International Accredited Forensic Testing Laboratory. (ISO/IEC 17025:2005)
4029 S. Capital of Texas Hwy • Ste 224 • Austin, Texas 78704 • United States • www.flashbackdato.com
Document Name: CWP Service Agreement I REVISION ID. CWPSA150918 I Issuing Authority: Damon O'Connell I Effective Date: 09/18/2015 1 Page 3 of 6
APPENDIX A
*Please choose a Contract Term Length by initialing the appropriate box.
*Please select a Casework Package within your chosen contract term by initialing the appropriate box.
0 ONE YEAR TERM
l� TWO YEAR TERM
THREE YEAR TERM
Flashback Data is an ASCLD/LAS International Accredited Forensic Testing Laboratory. (ISO/IEC 17025:2005)
,n. .. 4029 S. Capital of Texas Hwy e Ste 224 • Austin, Texas 78704 e United States • www.Bashbackdcita.com
Document Name: CWP Service Agreement I REVISION ID CWPSA150918 1 Issuing Authority, Damon O'Connell I Effective Date 09/18/2015 1 Page 4 of 6
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UNIT BREAKDOWN
PACKAGE TERMS AND CONDITIONS:
• All units for package pricing must be submitted for processing prior to the anniversary of initiation of the package. Unused units
will rollover only for multiple year contracts, but will be forfeited after the full-term of the contract.
• Units can be submitted on an as -needed basis. No requirements for sending batches of units.
• Units will not apply for any request that will require Flashback Data personnel to perform services outside of Flashback Data's
accredited digital crime lab.
• It is the responsibility of the client to maintain the data received in accordance with any statute of limitations. All data obtained
from each investigation after 1 month from the date the data is provided will be destroyed.
• Packages do not include shipping. Shipping cost will be the responsibility of the user.
PACKAGE TURNAROUND TIME:
• Units submitted will begin with immediate processing from receipt of evidence.
• Units submitted for an expedited processing will be multiplied X(2). (1 Unit = 2 Units)
• Average Turnaround — Cell Phones = 3 Days; Hard Drives = 2 weeks *JTAG/Chip -off/RAID may exceed these turnaround times
PACKAGE BILLING:
• initial payment must be made prior to starting the services on the first unit.
• Payment of/e the package price is required when package is ordered. Late payments will incur penalties.
DISCOUNTS AND ADDITIONAL SERVICES:
• 2 & 3 Year Commitments receive additional discounts, which increases the amount of units per year.
• Additional units may be purchased within the year of the casework package at the some cost once the entire amount of units
have been exhausted.
• Expert Witness Testimony & Standby - $350/per hr. plus travel & expenses. $250/per hr. remote video testimony.
Flashback Data is an ASCLD/LAB International Accredited Forensic Testing Laboratory. (ISO/IEC 17025:2005)
aw. .. 4029 S. Capital of Texas Hwy • Ste 224 • Austin, Texas 78704 • United States • www.flashbackdoto.corn
Document Name: CWP Service Agreement I REVISION ID: CWPSA150918 1 Issuing Authority: Damon O'Connell I Effective Date: 09/18/2015 1 Page 5 of 6
APPENDIX B - DESCRIPTION OF SERVICES
CELL PHONE (SMARTPHONES, PDAs, TABLETS):
• Develop and maintain manifest log of media,
including photography
• Complete HTML style report of all obtained data from
device
• Official Lab Report documenting examiners findings
• Forensic Image / Evidence files from device
• Complete report capable of being sorted/
bookmarked at a later time. Allowing the Client to
create their own report that would show the
bookmark and Filtered contents
• Culled report upon special request w/ additional fees
may apply
• Storage media for each report and forensic evidence
file
COMPUTER HARD DRIVE:
• Develop and maintain manifest log of media,
including photography
• Forensic Image of all size drives
• Examiner time – 12hrs. to be devoted to expert
interpretation of data obtained from the forensic
image
• Complete report with synopsis of the case, objectives,
summary of findings, testing methods, detailed "plain
English" results, conclusion, and supporting
appendixes
SERVER – RAID ARRAYS – (UP TO 5 HARD DRIVES):
• Develop and maintain manifest log of media,
including photography
• Forensic Image of all size drives
• Examiner time – 12hrs. to be devoted to expert
interpretation of data obtained from the forensic
image
• Complete report with synopsis of the case, objectives,
summary of findings, testing methods, detailed "plain
English" results, conclusion, and supporting
appendixes
JTAG / CHIP -OFF:
• Develop and maintain manifest log of media,
including photography
• Forensic Images ".bin" or "DD" image files
• Complete HTML style report of all obtained data from
device
• Storage media for each report and forensic evidence
file
HARD DRIVE / SOLID STATE DATA RECOVERY:
• Develop and maintain manifest log of media,
including photography
• Logical / Physical Drive Recovery Methods
• Forensic Image of all size drives
AFFIDAVITS / SEARCH WARRANTS:
• Applied to any forensic examination
• Applied to consulting services
• Technology -Related Search Warrant Creation
• Technology -Related Search Warrant Review
ADDITIONAL CONSULTATION (2 HOURS):
• Applied to any forensic examination
ADDITIONAL STORAGE MEDIA:
• Any media over standard USB Flash Drives available
with each package
EXPERT WITNESS TESTIMONY AND STANDBY:
• $350/ per hr. plus travel & expenses
Y $250/ per hr. remote video testimony
0�A�� Flashback Data is an ASCLD/LAB International Accredited Forensic Testing Laboratory. (ISO/IEC 17025:2005)
— p .. 4029 S. Capital of Texas Hwy • Ste 224 • Austin, Texas 78704 • United States • www.flashbackdato.com
Document Name CWP Service Agreement I REVISION ID: CWPSA150918 1 Issuing Authority: Damon O'Connell I Effective Date: 09/18/2015 1 Page 6 of 6