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HomeMy WebLinkAboutContracts & Agreements_74-2026BLTN Order Form This Order Form is made as of June 1, 2026 (the "Effective Date") between the City of Redlands on behalf of the Redlands Police Department (the "Customer") and Multitude Insights, Inc. ("Multitude Insights") (each, a "Party". and collectively, the "Parties"). This Order Form is part of and governed by the provisions of the 'Perms and Conditions attached hereto (the "Terms and Conditions"). Capitalized terms used in this Order Form not defined herein have the meanings ascribed to them in these Terms and Conditions. 1. Contact Information: Customer: Multitude Insights: Contact Name: Rachel Tolber Contact Name: Joe Ryan Title: Police Chief Title: VP of Sales Email Address: rtolber@redlandspolice.org Email Address: ioe@multitudeinsights.com Phone: 909-335-4744 Phone: 443-340-9250 Street Address: 30 Cajon Street, Redlands CA 92. Street Address: 1070 Broadway, Somerville, MA 02144 2. BLTN Licenses and Additional Services: BLTN Licenses Item Description License Type Term Price BLTN Annuai BLTN (June 1, 2026 $24,900.00 Subscription - Year t - Ma 31, 2027 BLTN Annual BLTN (June 1, 2027 $24,900.00 Subscription - Year 2 - May 31, 2028) Discount Early Adopter Discount (June 1, 2026 -$24,900.00 - Maw 31.2028) LICENSE SUBTOTAL $24,400.QQ Additional Services Category Description Term Price Implementation Initial account setup and One-time $5,000.00 administration services Implementation Implementation Discount One-Time -$5,000.00 IMPLEMENTATION SUBTOTAL $0.00 Premium customer Support support (7-daysAveek 2 Year $5,000.00 email support) Support PCS Discount I Year 45,000.00 SUPPORT SQ,QO SUBTOTAL Multitude Insights Doc ID: d182226231elad388c3081ebd66e28f29e39be61 Training On -site training up to 8 1 Year $5,000.00 hours Training Training Discount I Year 45,000.00 SUBTOTAL Tb'TA1CJ "�� f. Note: BLTN is SaaS and thus exempt from California Sales Tax (Cal. Code Regs., tit. 18. § 1502) 3. Duration: Initial Term Start June 1, 2026 Date Initial Order Term: Two (2) Years Renewal Order One (1) Year Term: Note: Renewal price after year 2 subject to negotiation but annual subscription fee will not exceed $37,350.00 for year 3. ImMultitude Insights Doc ID:dl82226231elad388c308lebd66e28f29e39be61I I IN WITNESS WHEREOF, the Parties have caused this Order Form and the Terms and Conditions attached hereto to be executed by their respective duly authorized representatives as of the Effective Date. Multitude Ins' hts, Inc. By: � Print: J yan Title: VP of Sales Date: 4-5 Z (� City of Redlands By: Print: Charles M. Duggan, Jr. Title: City Manager Date: 05 / 26 / 2026 ATTEST: q. . TJsgz. .1 ae nne Donaldson, City Clerk chel Tolber. Chief of Police Multitude Insights Doc ID: d182226231e1ad388c3081ebd66e28f29e39be61 BLTN Terms and Conditions Definitions 1. "Authorized User" means the law enforcement officers. personnel or employees of a law enforcement agency whom the Customer designates through BLTN as a user and who have set up accounts using proper Registration Data and any person given an access link to BLTN by a law enforcement officer, personnel or employee for law enforcement use. 2. "Case Information" means all information uploaded to BLTN including, Criminal Intelligence Information (as defined below), PH (as defined below), photographs, images, text, opinions, documents, memoranda, and other media, except for the Customer Data. 3. 'Confidential Information" means, any and all tangible or intangible information furnished by or on behalf of a Party (the "Disclosing Party") to the other Party (the "Receiving Party') whether furnished before or after the date hereof, whether oral, written, or recorded/electronic that is marked as "confidential". Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Parry, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. 4. "Customer Systems" means the Customer's technology infrastructure, including computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Customer or through the use of third -patty services. 5. "Criminal Intelligence Information" means any information that is collected by criminal justice agencies and that is needed for the performance of their legally authorized and required functions, such as criminal history record information, citation information, stolen property information, traffic accident reports, wanted persons information and system network log searches, case details, and case documents. 6. "Customer Data" means information, data, and other content, in any form or medium, that is submitted, transmitted or otherwise provided, directly or indirectly, by Customer or an Authorized User to Multitude in setting up, fostering, and facilitating the customer relationship, which consists exclusively of law enforcement department information and Authorized User headshots. 7. "Multitude IP" means BLTN and information technology infrastructure used by or on behalf of Multitude in providing access to BLTN, including all computers, software, hardware, databases, electronic systems (including database management systems), and networks, whether operated directly by Multitude or through the use of third -party services, and any and all other information, data, documents, materials, works, and other content, devices, methods, processes, hardware, software, and other technologies and inventions, including without limitation arty application programming interfaces ("APIs") and software for integration with Customer's Systems, and any deliverables, technical or functional descriptions, requirements, plans, or reports, that are provided or used by Provider or any Subcontractor in connection with BLTN or otherwise comprise or relate to BLTN. Multitude IP also includes any information, data, or other content derived from Multitude's monitoring of Customer's or Authorized Users' access to or use of BLTN. 8. "Personal Identifiable Information" and "PII" means any and all information that, whether used alone or in combination with other information, allows for the identification of a natural person or from which the identification of a natural person can be derived. 9. "Reasonable Suspicion" and "Criminal Predicate' mean information exists that establishes sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator, or employee a basis to believe that there is a reasonable possibility that an individual or organization is involved in a definable criminal activity or enterprise. 10. "Registration Data" means log -in information provided by a user in order to become an Authorized User to gain access to BLTN, which may include PH and the user's choice of log- in credentials. Products and Services I. BLTN is an online, subscription -based criminal intelligence system product platform made available to Authorized Users via the Internal and mobile application and operating in accordance with the policies of Title 28 CFR Part 23. 2. BLTN is made available to Customers and their Authorized Users exclusively for law enforcement use. 3. Multitude Insights may make changes to BLTN from time to time, such as adding new features and removing little -used features. 4. Multitude Insights shall use commercially reasonable efforts to provide and complete professional services in connection with BLTN such as configuration and training. 5. Multitude Insights shall provide general e-mail support for BLTN during the hours of 9:00 AM — 5:00 PM Eastern Time excluding federal, state, and local holidays. Access and Use I. Right of Access. Multitude hereby grants Customer a non- exclusive, non-sublicensable, non-ttansfetable, revocable right to access BL"IN during the Term (as defined below). Such use is limited to Customer's and Authorized Users' internal non -personal use. Multitude shall provide to 19 Multitude Insights Doc ID: dl82226231etad388c3081ebd66e28f29e39be61 2. 3. 4. Customer with the necessary passwords/log-in credentials and network links or connections to allow Customer and its Authorized Users to access BLTN other than Registration Data. Artificial Intelligence Trainine. In pursuit of improving BLTN, Multitude may utilize the Case Information and Customer Data to train our artificial intelligence ("Al") systems, which will be used strictly for law enforcement purposes and to have the fiumctionality and user experience of BLTN. Multitude shall ensure that the Case Information and Customer Data used for Al training is relevant and limited to what is necessary for the purposes for which it is processed. Reservation of Riehts. Multitude reserves all rights not expressly granted to Customer in these Terms and Conditions. Except for the limited rights and licenses expressly granted under these Tema and Conditions, nothing in these Terms and Conditions grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in BLTN or to the Multitude IP. Suspension and Termination. Notwithstanding anything to the contrary in these Terms and Conditions, Multitude may temporarily suspend or tenninate Customer's and any Authorized User's access to any portion or all of BLTN if. (i) Multitude reasonably determines that (A) there is a threat or attack on BLTN or any of the Multitude IP; (B) Customers or any Authorized User's use of BLTN or the Multitude IP disrupts or poses a security risk to the Multitude IP or to any other customer or vendor of Multitude; (C) Customer, or any Authorized User, is using BLTN or die Multitude IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (E) Multitude's provision of BLTN to Customer or any Authorized User is prohibited by applicable law or (F) :Multitude determines that any Authorized User is using BLTN in a manner that violates any applicable laws, rules, regulations or agreements; (ii) any vendor of Multitude has suspended or terminated Multitude's access to or use of any third -party services or products required to enable Customer to access BLTN; or (iii) these Terms and Conditions expires or is terminated. Multitude shall use commercially reasonable efforts to provide written notice of any Service suspension or termination to Customer and to provide updates regarding resumption of access to BLTN following any suspension or termination, if any Multitude shall use commercially reasonable efforts to resume providing access to BLTN as soon as reasonably possible after the event giving rise to the suspension is cured. Multitude will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized User may incur as a result of a suspension or termination. Multitude Insights' Liabilities I. Multitude Insights has and at all times shall maintain an information security program that includes administrative, electronic, technical, physical, and other security measures and safeguards reasonably designed, at a minimum, to: (a) ensure the security and confidentiality of all Confidential Information (specifically including the Customer Data) and the information contained in BLTN; (b) protect against any unauthorized access to or use of BLTN; (c) reasonably protect against any anticipated threats or hazards to the security or integrity of BLTN; and (d) ensure the proper, secure and lawful disposal of the Confidential Information within its possession or control. Multitude Insights shall comply with all applicable laws relating to data privacy, personal data, and data protection. 2. These Terns and Conditions incorporate by reference the requirements set forth in any version of the Criminal Justice Information (CJIS) Security Policy and Security Addendum, issued by the Federal Bureau of Investigation (FBI) that become applicable during the term of these Terms and Conditions. BLTN will be delivered consistent with the requirements under the Criminal Justice Information (CJIS) Security Policy and Security Addendum. 3. Customer acknowledges that, notwithstanding the security precautions deployed by Multitude Insights, the use of or connection to, the Internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to BLTN. 4. Multitude Insights' liability for providing BLTN shall not extend to the performance of any third -party Internet service providers. 5. Multitude Insights does not and is not obligated to verify, authenticate, monitor, or edit any information or data, including but not limited to, Case Information or Customer Data, input into or stored in BLTN for completeness, integrity, quality, accuracy, or otherwise. 6. Multitude Insights does not guarantee or make any promises regarding the accuracy or completeness of the Case Information, the Customer Data, or any other data or information contained on BLTN and disclaims all liability for any such information or data uploaded by a User (as defined below) or other users of BLTN. Customer's Resaonsibilities and Liabilities Customer is responsible and liable for all uses of BLTN resulting from access provided by Customer, directly or indirectly, whether such access or use is permitted by or in violation of these Terns and Conditions. Without limiting the generality of the foregoing, Customer is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of these Terms and Conditions if taken by Customer will be deemed a breach of these Tertns and Conditions by Customer. Customer is responsible for its Customer Systems. Customer shall make all Authorized Users aware of these Temhs and Conditions' provisions as applicable to such Authorized User's use of BLTN, and shall cause Authorized Users to comply with such provisions. toMultitude Insights Doc ID: d182226231olad388c3081ebd66e28f29e39be61 P1 3. 4. 5. Only the Authorized Users may access and use BLTN. Customer Is responsible for the Authorized User's compliance with these Terns and Conditions. Customer shall not use BLTN or any Multitude iP for any purposes beyond the scope of the access granted in these Tema and Conditions. Customer shall not at any time, directly or indirectly, permit any Authorized Users or any person orthird-party to: (i) copy, modify, or create derivative works based on any element of BLTN; (ii) rent, lease, lend. sell, share, license, sublicense, assign, distribute, publish, transfer, or otherwise make available BLTN; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of BLTN, in whole or in part; (iv) remove any proprietary notices from BLTN; (v) automatically or Programmatically extract data; (vi) represent that Case Information was human -generated when it was not; (vii) interfere with or disrupt BLTN, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigation including or otherwise put on BLTN; (viii) use Case information or Multitude IP to develop models that compete with BLTN; (ix) use BLTN in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; (x) access or use BLTN from any location outside of the United State; (xi) translate, reverse engineer, decompile, disassemble or otherwise attempt to discover or copy the object code, source code or underlying ideas or algorithms of BLTN, for any reason; (xii) modify, translate, or create derivative works based on any element of the BLTN. Multitude IP or any related documentation; (xiii) use BLTN for any purpose other than its intended purpose; (xiii) videotape or otherwise record any of Multitude Insights' training classes, discussions or product demonstrations; or (xiv) use BLTN in any manner that does not comply with all applicable laws, rules, regulations and agreements. Customer represents and warrants that it is in compliance with all and will comply with all applicable privacy and data protection laws and regulations applicable to its operation and its obligations under these Terns and Conditions with respect to the information contained BLTN. Customer represents and warrants (a) that it has all rights and title to the Case Information (as defined below), the Customer Data, and all information the Customer and its Authorized Users upload into BLTN; and (b) that by uploading the Case Information or the Customer Data and the information onto BLTN, the Customer is not in contravention of any applicable laws nor, by nature of uploading any Case information, Customer Data, and information, that could cause Multitude Insights to be in contravention of aoy applicable laws. Fee and Taxes 1. Customer agrees to the fees, expenses, and charges specified in the applicable Order Form (collectively, "Fees") and will pay the Fees in accordance with the payment terms in such Order Form. Except as otherwise expressly provided in thew Terns and Conditions, the Fees are non-refundable once paid. Where applicable, Customer will be responsible for, and if necessary, will reimburse Multitude insights for all such taxes, duties, fees, excises, or tariffs, except for government or local taxes imposed on Multitude insights' net income. Where applicable, any Fees not paid when due shall bear interest from the due date until paid at a rate of one and one- half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. The Customer's payment of such interest on late payments shall not prevent Multitude insights from exercising any other rights under these Terms and Conditions and applicable law. Licensing and Intellectual Property Rights_ 1. All rights, titles, and interests in the BLTN and all modifications, derivative works, and enhancements thereof including all copyright rights, patent rights, and other intellectual property rights in each of the foregoing belong to and are retained solely by Multitude Insights or Multitude Insights' licensors as applicable. Multitude insights is only providing Custormer with the right to access and use BLTN. Multitude Insights retains sole and exclusive ownership of and all right, title and interest in and to BLTN (including ownership of all trade secrets. trade dress, copyrights and other intellectual property rights pertaining to BLTN) and to all modifications and enhancements of BLTN, subject only to the rights and privileges expressly granted to Customer by Multitude Insights through these Terms and Conditions. in addition, BLTN is presented with a distinctive "look and feel," and this "look and feel" is the proprietary property of Multitude Insights. Multitude Insights reserves all rights in and to BLTN not expressly granted under these Terms and Conditions. Customer must not place any claims, liens or encumbrances on BLTN. BLTN is protected by U.S. copyright, patent and other U.S. and international laws and international treaty provisions. Customer may not use, copy, modify or distribute BLTN (electronically or otherwise), including the source code for any portion of BLTN, or any copy, adaptation, transcription or merged portion thereof, except as expressly authorized by Multitude Insights hereunder or otherwise in writing. Except for the express license granted to the Customer in these Terms and Conditions, no other licenses are granted to the Customer, express, implied, or by way of estoppel. All rights not granted in these Terms and Conditions are reserved by Multitude insights. 2. Customer is the lawful owner, lawful holder, or license holder of all Case Information and Customer Data and has the right to permit Multitude Insights to receive and use the Case Information and Customer Data to perform its obligations under these Terms and Conditions. (including any Order Forms). in furtherance thereof, Customer hereby grants to Multitude Insights and its successors, under its applicable laws related to its operation and solely for the purpose of providing, maintaining, improving, and supporting BLTN, a non-exclusive, perpetual, irrevocable, worldwide, royalty -free, sublicensable (through multiple Multitude l� Insights Doc ID: dl82226231olad388c3081ebd66e28f29e39be61 3. 4. tiers) right and license to access and use, install, copy, reproduce, execute, display, distribute, and maintain the Case Information and Customer Data uploaded by the Customer or its Authorized Users to BLTN or collected by Multitude Insights as part of the Customer's use of BLTN. No compensation will be paid by Multitude Insights with respect to its use of the Customer Data, Case htlormalion or the resulting analytics. For avoidance of doubt, the resulting analytics shall be the sole and exclusive property of Multitude Insights and, except as expressly agreed to by Multitude Insights and Customer, Customer shall have no rights in or to such resulting analytics. From time to time, Customer or its Authorized Users may choose to submit comments, information, questions, data, ideas, descriptions of processes, or other information to Multitude Insights ("Feedback"). Customer hereby does and will irrevocably assign to Multitude Insights all Feedback made by Customer to Multitude Insights regarding BLTN and all intellectual property rights in the Feedback. Multitude Insights may in connection with BLTN or any products it may develop freely use, copy, disclose, license, distribute and exploit any Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. Term and Termination 2. 93 These Terms and Conditions shall commence as of the Effective Date above and continue in full force and effect for two (2) years from the Effective Date (the "Initial Terni") and will automatically renew for an additional one (1) year term thereafter (each a "Renewal Term") unless terminated earlier as provided in these Terns and Conditions. The Initial Term together with any Renewal Tenn(s) is collectively, the "Term". Either party may elect to renew or not to renew these Terms and Conditions and let it expire by providing the other party thirty (30) days written notice prior to the end of the Initial Tam or any Renewal Tenn; however, in the event any Order Form remains in effect after these Terms and Conditions expires by non -renewal, these Terms and Conditions will remain in effect solely for the tern of, and for purposes of, such Order Form. Either party may terminate these Terms and Conditions upon written notice to the other party if the other party is in material breach of any tern of these Terms and Conditions and fail to cure that breach within thirty (30) days after receipt of written notice of the breach from the non - breaching parry. Upon termination or expiration of these Terms and Conditions, Customer will be obligated to pay the balance due of any amounts owed to Multitude Insights as of the effective date of termination. Upon the effective date of expiration or termination of these Terns and Conditions for any reason, (i) the Customer's and Users' right to access and use BLTN shall immediately cease, (ii) die Customer and its Users' access to BLTN will terminate, and (iii) Customer shall cease accessing and using BLTN and Multitude Insights may take actions to preclude such access and use. 4. Any provisions that by their nature are to be performed after termination or otherwise are reasonably interpreted to survive termination shall survive termination or expiration of these Terms and Conditions for any reason whatsoever. 5. Upon termination or expiration of these Terms and Conditions, Customer may request to download all Case Information uploaded by Customer. Confidentiality I. Notwithstanding any contrary language in this Section, as to the Case Information, the PII, and the Customer Data, the Parties agree and acknowledge that, as part or providing BLTN to other customers and users as part of Multitude Insights' business, for the purposes of performing criminal justice related functions such information will be accessible, available, and disclosed to other customers and users of BLTN who are subject to an obligation of confidentiality and such disclosure and use is expressly authorized under these Terms and Conditions. 2. The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own Confidential Information of like kind (but not less than reasonable care). The Receiving Party will (i) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and Conditions, and (ii) except as otherwise authorized by the Disclosing Party in writing, limit access to the Confidential Information of the Disclosing Party to those of its and its employees and officers who need that access for purposes consistent with these Terms and Conditions. 3. The Receiving Party may disclose the Confidential Information of the Disclosing Party to the extent compelled by court order, subpoena or by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. 4. If at any time upon the Disclosing Party's request and if these Terms and Conditions is terminated or expired, in any case, the Receiving Party shall within a reasonable time (a) destroy all Confidential Information of the Disclosing Party without retaining a copy of any such material, (b) promptly deliver to Disclosing Parry all Confidential hiformation of the Disclosing Party together with all copies thereof, in the possession, custody or control ofthe Receiving Party, and (c) if requested by the Disclosing Party, certify that all such Confidential Information was destroyed or returned. Multitude Insights may retain copies of any Confidential Information and use such Confidential Information subject to an ongoing obligation to comply with the confidentiality terms of these Terms and Conditions. The obligations of this Section do not apply to any Case Information, Pll, and anonymized Customer Data provided to Multitude Insights which, for the avoidance of doubt, may be retained by Multitude Insights indefinitely, subject to legal obligations to retain and protect such information, and tray be used, shared, copied, displayed, and modified for Multitude Insights' business purposes. 19 Multitude Insights i Doe ID: d182226231e1ad388c3081ebd66e28f29e39be61� Indemnity, Disclaimer of Warranties, and Limitation of Liability N 3. Multitude Insights shall indemnify, defend, and hold the Customer harmless, or at Multitude Insights' option settle, n third -party claim or suit for intellectual property infringement brought against Customer alleging among other things, that BLTN infringes any United States patent issued as of the Effective Date or any copyright or trade secret. Multitude Insights shall pay any final judgment entered against Customer in any such claim or suit or Multitude Insights agreed -to settlement amount; provided (a) Multitude Insights is promptly notified by Customer in writing of such claim or suit, (b) Multitude Insights or its designee has sole control of such defense and/or settlement, and (c) Customer timely gives all information and assistance required by Multitude Insights or such designee. Multitude Insights shall have no liability under this Section or otherwise to the extent a claim or suit is based upon the use of BLTN in combination with software or hardware not provided or approved by Multitude Insights. THIS SECTION STATES MULTITUDE INSIGHTS' ENTIRE OBLIGATION TO CUSTOMER, AND THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, REGARDING ANY INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, TRADE SECRET, OR Orl-HER INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PERSON. EXCEPT AS MAY BE OTHERWISE PROVIDED IN AN ORDER FORM, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLTN IS PROVIDED "AS -IS" AND MULTITUDE INSIGHTS EXPRESSLY DISCLAIMS ALL, AND MAKES NO, WARRANTIES (WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE ARISING IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE), INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON - INFRINGEMENT OF THIRD PARTY RIGHTS. MULTITUDE INSIGHTS DOES NOT WARRANT THAT THE OPERATION OF BLTN WILL BE UNINTERRUPTED OR ERROR -FREE. NEITHER PARTY SHALL BE LIABLE FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NEITHER PARTY'S AGGREGATE LIABILITY TO THE OTHER SHALL EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO MULTITUDE INSIGHTS FOR BLTN AND ADDITIONAL SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM OR $100.00, WHICHEVER IS HIGHER, THIS PROVISION SHALL NOT APPLY TO THE CUSTOMER'S BREACH OF CUSTOMER LIABILITIES OR MULTITUDE INSIGHTS INDEMNIFICATION OBLIGATIONS FOR INTELLECTUAL PROPERTY CLAIMS OR SUITS AS SET FORTH ABOVE. The parties agree that the limitations specified in this provision will survive and apply even if any limited remedy specified in these Terms and Conditions is found to have failed of its essential purpose. Miscellaneous I. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California without reference to conflict of laws principles. The courts of the State of California or the federal courts of the United States in Riverside County, California, as applicable, shall have sole and exclusive jurisdiction over any action, claim, demand, proceeding, or lawsuit whatsoever arising under or in relation to these Terms and Conditions or its subject matter. The parties irrevocably agree, consent, and submit themselves to the personal jurisdiction of such courts for such purposes, and agree not to plead or claim in such courts that any such action has been brought in an inconvenient forum. 2. Parties desire a professional relationship, and therefore shall try to informally resolve all disputes and controversies accordingly (collectively, "Disputes") under these Terms and Conditions. The Parties shall initially attempt to resolve any Disputes promptly by negotiations among senior officers who have the authority to settle the controversy. Any Party may give the other Party written notice of any Dispute not so resolved in the normal course of business. Within fifteen (15) calendar days after delivery of such notice, the Parties shall meet at a mutually acceptable time and place, which may be via teleconference, to exchange relevant information and to attempt to resolve the Dispute. To the extent that any Dispute cannot be resolved or reach an impasse, the Parties may, but are not required to, agree to attempt some form of Alternative Dispute Resolution ("ADR") pursuant to JAMS, including mediation, neutral fact-finding, arbitration, or a mini -trial. Any Dispute that the Parties cannot resolve through (a) negotiation or (b) if the Parties have agreed to use ADR, within sixty (60) calendar days of the date of the initial demand for ADR by one of the Parties, may then be submitted to the courts for resolution. The use of any ADR procedures will not be construed under the doctrines of laches, waiver, or estoppel to affect adversely the rights of either Party. Nothing in this Section will prevent either Party from resorting to judicial proceedings if (a) good faith efforts to resolve the Dispute under these procedures have been unsuccessful; or (b) interim relief from a court is necessary to prevent serious and irreparable injury to one Party or to others. All negotiations pursuant to this Section are confidential and shall be treated as compromise and settlement negotiations for purposes of all rules of evidence. Each Party shall bear its own costs of ADR, including all fees INMultitude Insights Doc ID: dl82226231elad388c3081ebd66e28f29e39be61 3. 4. S. 6. 7. 8. and expenses of any counsel, consultant, or Third party retained by it, and equally share any third -party costs of ADR associated with the administration of ADR. Nothing in this Section will prevent either party from (n) seeking interim or pemtanent injunctive relief or taking any other action in any court to enforce or protect its intellectual property rights or its rights under these Temis and Conditions, or (b) filing an action against the other party in the courts having jurisdiction over it in order to enforce an arbitrat award granted pursuant to a proceeding under this Section. Neither party will be liable for any delays or failures in performance due to any Force Majeure Event, and delays resulting from a Force Majeure Event. Each party will give the other party notice as soon as possible upon the commencement and conclusion of a Force Majeu re Event. A "Force Majeure Event" means any event outside the reasonable control of a party, including, but not limited to: (a) civil commotion, riot, terrorism, invasion, war or Preparation for war; (b) fire, explosion, stomt, flood, earthquake, subsidence, epidemic, or other natural or physical disasters; (c) unavailability of the use of railways, shipping, aircraft, motor transport or any other means of Public or private transport; or (d) public unavailability of internet connectivity to end users. Multitude Insights shall have the right to use the Customer's department logo on the website, sales materials, and other business materials to promote its customer relations and investor relations, only with prior written consent of Customer. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party's prior written consent (not to be unreasonably withheld): provided, that Multitude Insights party may assign these Terms and Conditions in its entirety, without Customer's consent, in connection with a merger, acquisition, corporate reorganization, or sale of all of its assets. Subject to the foregoing, these Terms and Conditions will bind and inure to the benefit of the parties, their respective successors, and permitted assigns. These Terns and Conditions may not be modified, amended, or waived, in whole or in part, except by a written instrument signed by each of the parties hereto. Any Customer purchase order shall be govemed exclusively by the terms of these Terms and Conditions, irrespective ofany preprinted or other terms contained on such purchase order. Except as expressly set forth herein, any failure of a party to take action in response to any breach of these Terns and Conditions by the other party shall not constitute a waiver of such breach or of performance required by the other party; and no waiver of any provision of these Tenns and Conditions shall constitute a waiver ofany other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly provided therein. All notices under these Terms and Conditions will be in writing, in English and delivered to the Parties at their respective addresses stated in the cover page to these Terms and Conditions. Notices will be deemed to have been duly given 0) when received, if personally delivered; (ii) the business day after being delivered to the delivery service during business hours on a business day (otherwise one business day later), if sent for next day delivery by recognized overnight delivery service; or (iii) five (5) days after sending, if sent by certified or registered mail, return receipt requested. 9. These Temts and Conditions (including any Order Forms) contain the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous representations, promises, agreements and understandings, whether oral or written, between the Parties concerning the subject matter hereof. To the extent of any conflict between These Terms and Conditions and an Order Form, the terms of the Order Form shall control. From time to time the Customer may enter into additional agreements in connection with additional and/or future functionality of BLTN. Any such additional agreements shall be subject to and in addition to (and not in lieu of) these Terms and Conditions. No provision of these Terms and Conditions is to be interpreted for or against any party because that Party or its attorney drafted the provision. 10. If any provision of these Terms and Conditions is deemed to be invalid or unenforceable, the remaining provisions of these Terms and Conditions shall be valid and binding and of like effect as though such provision were not included. Multitude insights Doc ID: d182226231e1ad388c3081ebd66e28129e39be61' X Dmpbox Sign Audit trail ntie Multitude Insight, Inc - BLTN Software Requisition Approval File name BLTN_Sole_Source_REQ_Request_5.26.26.pdf and 2 others Document ID d182226231e1ad388c3081ebd66e28f29e39be61 Audit trail data format M M / DD / YYYY Status a Signed Document History 0 05 / 2612026 Sent for signature to Dana Abramovitz-Daniel SENT 16:48:22 UTC (dabramovitz@cityofredlands.org) and Charles M. Duggan, Jr. (cduggan@cityofredlands.org) from rpd01@cityofrediands.org IP: 47.179.68.66 Qo 05 / 26 / 2026 Viewed by Dana Abramovitz-Daniel VIEWED 17:51:03 UTC (dabramovitz@cityofredlands.org) IP: 47.179.65.195 P 05 / 26 / 2026 Signed by Dana Abramovitz-Daniel SIGNED 17:52:38 UTC (dabramovitz@cityofredlands.org) IP: 47.179.65.195 05 / 26 / 2026 Viewed by Charles M. Duggan, Jr. VIEWED 19:54:23 UTC (cduggan@cityofredlands.org) IP: 47.179.65.195 Powered by Sign X iDmpbox Sign Audit trail ntia Multitude Insight, Inc - BLTN Software Requisition Approval File name BLTN_Sole_Source_REC1_Request_5.26.26.pdf and 2 others DocumontID d182226231e1ad388c3081ebd66e28f29e39be61 Audit trail date format MM / DD / YYYY Status a Signed Document History -)-11 05126 / 2026 Signed by Charles M. Duggan, Jr. SIGNED 19:55:18 UTC (cduggan@cityofredlands.org) IP: 47.179.65.195 G 05 / 26 / 2026 The document has been completed. COMPLETED 19:55:18 UTC Porwnd by W prqpbCx Sign