Document 252918

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