An L~l Identity Solutions Company Fax Cover Sheet To: Tijuana Harris Company: Phone: E-Mail: Rockdafe County Sheriffs Office 770-918-6755 Tijuana, [email protected] Debra Blanchard From: TDENTIX INCORPORATED 616-447-2626 616-447-2629 dblanchard@L1 id.com August 12, 2009 Company: Phone: Fax: E mail address: Date: Pages including this 1of 7 cover page: Comments! Attached is the information you requested. Your coverage is: Annual 24/7 coverage with 1 PM Attached for your review is the Maintenance Agreement Addendum quote that continues your current coverage. Please sign and date the Maintenance Agreement Addendum and return by fax or email along with your purchase order for funding. Once the addendum is returned we will send an invoice. If you are interested in changing your coverage the following options are available: Annual Helpdesk Coverage Annual 9/5 Coverage If you would like lo request a quote for different coverage or if you have any questions or concerns please feel free to contact me. Dcbra Blanchard Contracts Administrator PLEASE VISIT OCiR WEB SITE AT httn://mrw.Ll id.com Idcntix Help Dert # 888-435-7439 :: IDENTITY HL-1 :: solutions IDENTfX IHOfofcTRJC SOLUTIONS BlOdmu^laa. MN 55417-3107 USA BILL TO: Rochtolc County Sheriff's Office DESCRIPTION QUOTATION SERIAL NUMBER MAINTENANCE AGREEMENT ADDENDUM ANNUAL 24/7 MAINTENANCE ANNUAL 24/7 MAINTENANCE ANNUAL 24/7 MAINTENANCE number of visits at5131 jOQ perviilt. PrcventetMe Maintenance la g scheduled periodic visit between 9:00 am and 5:00 j>m Monday thraugli Rfday. I would like PmaniafivB Meintsnanoe is « schadulei* pertodlc visit beomion ssm am and 5*0 prn Monday ttmiugti Friday. I would like number af visits at $11DJ)O pervisil Dlal-ln Modem; Accuse Talaphnne Number Satura id. VPN. Ohsr Contad Maine QUOTE ID: K-4747-S QUOTE DATE: 12-AUG-2009 PRICE LIST: SSL LAW ENFORCEMENT VALID UNTIL: 22-MAY-1G COVERAGE START DATE: 21-FEB-10 END DATE: 20-FEB-11 PAGE: 1 of 2 1 3436.00 9i.t2a.aa PRtce 060640252 1 S560.00 QTY 0606-00252 1 0608-00252 $110.00 S1S1.00 $1,095.00 06M-0D252 0606-00252 Agreement Renews) is conlingenl upon w*rjCc»|rgn of Remote Access Functionality. Telephone Number TP-NOREMOTE is a PER DAY Service Chsige to off»at addition*! Maintenance Expsnsa Inclined due to the tnabllfly nf the Wento Help Daak to perform Romota DlaonoElic Tnnioteftoaima of ihe Systtm. » Remote Acoke « available via Olal-Up Modem, Secure tD. VPN. at after means please initial hew and provide 11m requested InfomrctlDn balow and qtisregard Ihe TP-NOftEMOTE aunge. 0606-00252 Hockdale Counly SbwiJfg Office- 911 CHAMBERS DR CONYERS ROCKDAUE GA 30012 United Slatec 91 ] CHAMBERS DR CONYERS. GA. 30012 United States COVERAGE TYPE EQUIPMENT LOCATION 3S00XC-M34 TP-3500XC-ED PRT-DUP-M24 TP-PRT-DUP CEN-XPUS-U24 TP-CEN-XPIAS TP-3500XC-ED TP. PRINTER-PM TP-PRT-OUP TP-NOREMOTE TP-35WXC-ED TOTAL: IDENTITY Hlrl XOUJTIOWS :: solutions 100(7 IX 3705 W. Old Shilupcc Hud Suite [00 Blflominetnn, MN 55437-11U? USA Phone (S00)«2-UI»O FAX (»52> 932-7181 BILL TOt R<>ckd«[c County Sheriffs Offic 911 CHAMBERS DR. CONVERS, GA 30012 United Slates COVERAGETYPE BLANCHARD, DEBRA Contract Administrator (616)447-2626 (952) 852-6747 [email protected] PLEASJ: CHECK. PHEFERRED Bfr.LING: TITLE; NAME: PHONE: FAX: EMAIL: | QUAHTERLY INVOICT: OR W '10OI VftiA SI \\ I3to\o QUOTE ID: K-4747-S QUOTE DATE: 12-AUG-2009 VALfD UNTIL: 22-MAY-1Q PRICE LIST: S4L LAW ENFORCEMENT COVERAGE FAX: [ MONTHLY INVOICE QTY PAGE: 2 of 2 END DATE: 20-FEB-11 | c PRICE START DATE: 21-FEB-10 0. Ad SERIAL NUMBER MAINTENANCE AGREEMENT ADDENDUM QUOTATION DESCRIPTION | ANNUAL INVOICE OK. BY: POfh NAME: EMAIL: DATE: TITLE: PHONE: UPON RECEIPT OF ACCEPTANCE OF QUOTATION AN INVOICE WILL FOLLOW IDENT1XINCORPORTED SYSTEM MAINTENANCE TERMS AND CONDITIONS for use with U.S. End User Customers covering Identix® Live Scan Product Lino I, GENERAL SCOPE OF COVERAGE tariffs, taxes, and all other delivery related charges. Subject to payment in full of the applicable maintenance fees Tor the system ("System") described • hi Tdentix Incorporated's ("Identjx") current Maintenance Agreement Addendum ("Addendum") with customer ("Customer"), Identtx, or its authorized agents or subcontractors, shall provide the System maintenance services ("'Services") set forth and in accordance with the terms herein (this "Agreement") mid the Addendum. The terms of the Addendum are hereby incorporated into this Agreement by this Identix shall make available to Customer one copy (in electronic or otlter standard form) of each Update (defined herein) for those System components that are developed by Identix and for which Identix, in its sole discretion, etects to develop and generally make available to customers whose Systems are under warranty or under a current Identix Maintenance Agreement Addendum. Customer shall provide Identix with continuous network or reference. dial-up access to the System (whether stand H. alone or connected to a central site), and Identix shall deliver the Update via this remote means of delivery. In tile event continuous MAINTENANCE SERVICES The Services provided by Identix are those services selected by Customer from one or more of the network or dial-up access is not available for 24/7 Maintenance Services and 9/5 Maintenance Services Customers, then Identix shall install the Update during any subsequently scheduled on-site visit by Tdentix for service of the System. An "Update" means a new release of such System software following maintenance services programs: A. Included With All Remedial Maintenance Services. Included With All Xanedial Maintenance Services are as follows; • Unlimited 24/7 telephone technical support for System hardware and software from the components that are developed by Identix which contain (i) bug fixes, corrections, or a work-around of previously identified errors Identix TouchCare Support Center via Tdentix • • toll free telephone number. TouchCare Support Center managed problem escalation, as required, to Tdentix' technical enhancements, support, staff to resolve unique problems. functionality to the original licensed System Identix shall furnish all pans and components necessary for the service and maintenance of the System. Replacement parts shall be sent to the Customer. All replaced defective parts software. shall become rdentix' property, with with B. 24/7 such software, or improvements, substantially Maintenance similar Services. (ii) minor or revisions (but not Identix' new) 24/7 Maintenance Services are as follows: * Customer will receive a telephone response to Identix shall determine if a replacement part is necessary. Replacement parts and components may be service calls within one (1) hour from the lime the new or refurbished. Unless otherwise agreed by Identix, replacement parts and components needed at international destinations shall be Customer places a service call with Identix' Help Desk. ■ shipped by Idenltx to the Customer-specified United States destination, and the Customer shah" arrange for shipment of Ihe parts and components to the final international destination. In the event Identix ships replacement parts and components to an international destination, the Customer shall be responsible for all shipping expenses, duties, Identix' Help Desk will attempt problem resolution via telephonic verbal and dial-in troubleshooting prior to dispatching an Idcutix field service engineer to Customer's facility for on-site service. • If on-site service is necessary", such service shall be provided 24/7, including holidays. Identix shall use its best efforts to have an Tdentix1 field service engineer at the Customer's facility within four (4) hours from the time the engineer is dispatched by Identix' Versionl/2007/21 Mareh2007 1 Help Desk for customers located within a 100 mile radius of an authorized Identix' service location and within 24 hours for customers located outside such 100 mile radius. • development effort. At no additional charge, Idcntix will provide Customer with up to four (4) CustomerTequested type of transaction changes to are treated as Updates and will be made available to Customer in accordance with Section II.A. of this Agreement. provided, however, that any such type of D. Meb Desk Maintenance Services. Identix' Help Desk Maintenance Services are as follows: • The Services do not include any Identix on-site maintenance services. The Customer agrees to existing type of transaction applications; transaction change docs not, in the sole opinion of Identix' Development Management Team, reqnre a significant development effort In such event, Identix provide the on-site personnel to assist the will provide Customer with a quote for developing and providing Customer wilii any such applications and changes. Table updates are treated as Updates and will be made available to Customer in accordance with Section ILA. of this Agreement. C. 9/5 Maintenance Services. Maintenance Services arc as follows: ■ • Identix.* Identix Help Desk with troubleshooting, module replacement, and installation of Updates, as required, • 9/5 Customer shall maintain at least one Identix trained System manager on Customer's System support staff during term of such Services period contained in applicable Addendum, and (1) the the the such Customer System manager shall be responsible for Customer will receive a telephone response to periodically backing-np System software in Help Desk. accordance with Identix' periodic requirements. Unless otherwise agreed in writing by Identix, the Customer shall be service calls within one (I) hour from the time Customer places a service call with Identix1 Identix' Help Desk will attempt problem resolution via telephonic verbal and dial-in troubleshooting prior to dispatching an Identix field service engineer to Customer's facility ■ ff on-site service is necessary, such service shall be provided nine (9) business hours (that is, 8:00 a.m. to 5:00 p.m.) per day, five business days per week. Tdentix shall use its best efforts to have an Identix1 field service the Customer places a service call with Identix' Help Desk. • Identix1 shipment of a replacement part to Customer will be initiated promptly after the Identix* Help Desk determines the need for such item. Replacement part orders initiated prior to 3:00 p.m. Central shall be shipped the same business day, where orders initiated after 3:00 p.m. Central shall be shipped the next business day. All shipments are made via next working hours from the thro the engineer is dispatched by Tdentix' Help Desk if Customer's facility is located within a 100 mile radius of an authorized Identix' service • Upon Identbc" acceptance of Customer's • pay for such after hours service on a time and materials basis at Idctilix' then current rates, At no additional charge, Identix will provide Customer with up to four {4} Customerrequested type of transaction changes to request for after hours service, Customer shall existing type of transaction applications; provided, however, that any such type of transaction change does not, in the sole opinion of Identix' Development Management Team, require a significant Version 1/2007/21 March2007 Idenlix shall furnish all parts and components necessary for the maintenance of the System, engineer at Customer's facility within eight (8) location and within 24 hours if Customer's facility is located outside such 100 mile radius. responsible for the installation of each Update. Customer will receive a telephone response to servtce calls within one (I) hour from the time for on-site service. • In such event, Identix will provide Customer with a quote for developing and providing Customer with any such applications and changes. Table updates day priority air, • If a defective part is required by Identix to be returned to Tdentix, the packaging material used in shipment of the replacement part must be reused to return the defective part. [Note: defective parts are not repaired and returned to Customer. Customer will be invoiced for any defective parts that arc not returned to Identix within two (2) weeks after receipt of the replacement part. Identix is not responsible for any markings (i.e., asset tags) that Customer may place on System components. It is Customer's responsibility to remove such markings.] ■ Upon Customer's request for Identix on-site components not authorized by Identix are fitted to the System. service, Identix shall use its best efforts to have an Identix field service engineer at the Customer's facitity within 48 hours from the • Help Desk. Customer shall pay for such onsitc service on a time and travel basis at Identix' men current rates and travel policies, • respectively. • time the engineer is dispatched by Identix1 Prior to dispatch of an Identix engineer, Customer shall either provide Idcntix with a purchase order ("P.O."), complete Identix' P.O. Waiver form, or provide Identix with a valid credit card number, E. Preventive Maintenance Services. Tdentix' Preventive Maintenance Services are as follows: • Preventive maintenance service calls consist of the term of this Agreement and the commencement of any renewal term. • Preventive maintenance service calls are only available in connection with Identix' 24/7 Maintenance Services and Identix' 9/5 Maintenance Services offerings. Preventive maintenance service calls are priced on a per call basis in accordance with Identix' then current published prices for such Services. Preventive Maintenance Services may not be available for certain System components. ffl. EXCLUSIONS PROM SERVICES A. Exclusions. The Services do not include any of die following: • System relocation. • Additional training beyond that amount or level of training originally ordered by Customer, Maintenance support or troubleshooting for Customer provided communication networks. Maintenance required to the System or its parts arising out of misuse, abuse, negligence, attachment of unauthorized components (including software), or accessories or parts, use of sub ■ • standard supplies, or other causes beyond Identix' control. • Maintenance required due to the System being modified, damaged, altered, moved or serviced by personnel other than Identix' authorized service representatives, or if parts, accessories, or Vmionl /2007/2lMarcfi2007 Identix to Customer. Providing or installing updates or upgrades to any third party (i.eM Microsoft, Oracle, etc.) software. Providing consumable parts and components (i.e., platens, toner cartridges, etc.); such items are replaced at Hie Customers expense. • ■ System cleaning, verification of calibration, and verification of proper System configuration and operation in accordance with Identix' specifications for such System. Identix and Customer will seek to agree upon the scheduling of the preventive maintenance service call promptly after commencement of Maintenance required due to failures caused by Customer or Customer's software ot other software, hardware or products not licensed by Maintenance required due to failures resulting from software viruses, worms, Trojans, and any other forms of destructive or interruptive means introduced into the System. Maintenance required due to failures caused by Customer facility issues such as inadequate power sources and protection or use of the System in environmental conditions conditions specified in documentation. outside of those Tdentix' System B. Availability of Additional Services. At Customer's request, Identix may agree to perform the excluded services described immediately above in accordance with Jdentix' then current rates. Other excluded services that may be agreed to be performed by Identix shall require Identix' receipt of a Customer P.O.. Customer's completion of Jdentix' P.O. Waiver formj or Customer providing Identix with a valid credit card number before work by fdentnc is commenced. C. Non-Registered System Comnonents- Any System components not registered in the Addendum for which Services are requested by Customer may be required to have a pre-maintcnance inspection by Identix before being added to the Addendum and this Agreement. This inspection will also be required if flits Agreement has expired by more than thirty (30) days. Idettix' inspection will be billed at Identix' current inspection rate plus travel expenses and parts (if any required). D- Third Party Hardware and Software. Customer shall be solely responsible for obtaining from Identix or an Identix authorized or identified vendor, at Customer's sole expense: (i) all Identix and third party software that may be required for use in connection with any Updates, major enhancements or new versions; and (ii) all hardware that may be required for the use of any Updates, major enhancements or new versions. Tdentix will specify the hardware and third party software requirements for any Updates. IV. SERVICE CALLS Customer may contact Idcnttx1 TouchCare Support Center by calling 1-8M-HELP-JDX (888-435-7439). Service catls under this Agreement will be made at Jhe installation address identified in the Addendum or as otherwise agreed to in writing. V. TERM AND TERMINATION This term of this Agreement shall commence npon Identix' receipt of the annual maintenance fee reflected in the Addendum and shall continue for a period ofone (1) year. This Agreement may be renewed for additional one (I) year terms upon die parties" mutual agreement and Customer's execution of an updated Addendum and Identix' receipt of the applicable annual maintenance fee reflected in the updated Addendum. Either party may terminate this Agreement in the event of a material breach by the other party dial remains uncured for a period of thirty (30) days from the date the non-breaching party provided the other with written notice ofsuch breach. VI. A. FEES FOR SERVICES Fees. The initial fee for Services under this Agreement shall be the amount set forth in the Addendum. The annual maintenance fee during any renewal term will be Identix1 current rates in effect at the time of renewal. Customer agrees to pay the total of atl charges for Services annually in advance within thirty (30) days of the date of Identix' invoice for such charges. Customer understands that alterations, attachments, specification changes, or use of sub standard supplies that cause excessive service calls, may require an increase in Service fees during the term of this Agreement at die election of Identix, and Customer agrees to promptly pay such charges when due. Identix shall provide the Services hereunder in a professional and workmanlike manner by duly qualified personnel. EXCEPT FOR THIS LIMITED WARRANTY, IDENTIX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN REGARD TO THE SERVICES, SOFTWARE, AND ANY OTHER GOODS PROVIDED HEREUNDER IN NO EVENT SHALL JDENTDf AGGREGATE LIABILITY TO CUSTOMER ARISING OUT OF OR RELATED TO, THTS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF RECOVERY. EXCEED THE NET FEES FOR IDENTIX' SERVICES ACTUALLY PAID BY CUSTOMER TO IDENTIX UNDER THE APPLICABLE ADDENDUM TO THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CUSTOMER'S CAUSE OF ACTION AROSE. TN NO EVENT SHALL IDENTIX BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR REVENUE; LOSS, INACCURACY, OR CORRUPTION OF DATA OR LOSS OR INTERRUPTION OF USE; OR FOR ANY MATTER BEYOND IDENTDC REASONABLY CONTROL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY CUSTOMER MORE THAN TWO (2) YEARS AFTER THE DATE THE CAUSE OF ACTION AROSE. VIII. LIMITED LICENSE TO UPDATES Identix may deliver ldentix-developed Updates lo B. Failure to Pay Fe^ If Customer does not pay Identix' fees for Services or parts as provided hereunder when due: (i) Idcnttx may suspend performance of ils obligation to provide Services until the account is brought current; and (ii) Identix may, at its discretion, provide the Services at current "non Customer. The terms of Identix' end user license for Ac Identic software delivered as part of the System shall govern Customer's use of the Updates. IX. MISCELLANEOUS including the maximum attorneys' fee permitted by law (said fee not to exceed 25% of the amount due This Agreement shall be governed by and construed according to flic laws of the State of Minnesota, excluding its conflict of laws provisions. This Agreement constitutes the entire agreement between the parties regarding the subject matter described VIL signed by duly authorized representatives of Identix and the Customer. This Agreement may not be contract/per call" rates on a COD basis. Customer agrees to pay Identix' costs and expenses of collection heneunder). LIMITED WARRANTY / DISCLAIMER / LIMITATION OF LIABILITY herein and may not be modified except in writing assigned by Customer without the prior express written consent of Identix. Version t/2007/21March2007 Legal Affairs Transmittal Form To: Jennifer Rutiedee Cc: Finance Department Fn Sheriff Wigington DeDartment Sheriffs Office Date submitted: 04/1 I/I0 BOC meeting date (Please refer to agenda deadline calendar published by Jennifer Rutledge for appropriate dates.; Budgeted item: _X___ yes Account #: no 100-3326-522200-30 Total cost of contract or change order: $4,980.00 Please have a representative present at Work Session during agenda review to answer any questions the Commissioners may have on this item. Reason for request: < x) New Contract ( ) Change Order ( ) ( ) Ordinance Policy ( ) Other: List documents attached: Identix Annual Maintenance Agreement Renewal
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