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Home My WebLink About2011-224 Agrmt Addendum - Identix Incorporated Aug- 31. 2011 4:09PM N,. )§!§ P. ! f/ z § 0 u LL ° ■� i \ ( \ \ � k - � E ) m & / $ $ / / \ 2 x022 S ) A I !! 0 R k § ) / § 2 . ° )� � k|]\ ( ` & Aft § � w � � k{k/ k | , ; q 7f)) LU 0 i ) \ % �\ ' \ /{/) m � §W\ z Z Z 2 § » 6wWLu:j LU o � mg2QR3 § {!aa 8 b § �oETu §! §] & § \ 9 0 0 |,\ � ) z § § N � / §7 d z 2 $ K i®®3 ■ w . @ § `-k z / {}\ z 2 !||! � w ] % / k k \� { � ; ; . lS. m � g 2 )|f S §f 2 § $ $ \ to k m / E w { § k / j /\ § R o o 0- 10 l9.0k « ) E \]$) q \ ) . ƒ\ § m§m! [ § G ƒ ) ( d k§ 1E-1 0 § § § k § § WWW : § § Z §-x � \ : dk m } � � 0- &! �k Aug. 31. 2011 4: 09PM No. 2525 P. 1 An L- 1 Identity Solutions Company Cover Sheet To: Kelly Haptonstall Company: Ashland Police Department, OR Phone: 541-552-2116 Fax: 541-488-5351 haptonsk @ashland.or.us From: Penny Van Lith Company: L1 Biometrics Division / Identix Incorporated Phone: 952-945-3373 Fax: 952-852-8747 Email address: PVanlith @L1id.com Date: August 31, 2011 Pages including this cover page: 1 of 60 Comments: According to our records your Maintenance with Identix for your Fingerprinting Equipment expires on 12-31-2011. Your coverage is: Annual 9/5 Coverage. 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. ***If a purchase order is required(by your company),please reference our Quote Ib#and Identix Terms mud Conditions on your PO. Once the Addendum is returned we will send an invoice, (NOTE: Invoice will be processed from start date of contract). If you are interested in changing your coverage the following options are available: 'Annual 915 Coverage *Annual 24/7 Coverage If you would like to request a quote for different coverage or if you have any questions,please feel free to contact me. Thanks, Penny Van Lith Contracts Administrator it DENTITY SOLUTIONS. AiOYfIAK5dV15l09 Please visit our web site at: http://www.Llid.com Ll /Identix Help Desk#888-435-7439 Aug. 31. 2011 4: 09PM No. 2525 P. 3 IDENTIX INCORPORTED SYSTEM MAINTENANCE TERMS AND CONDITIONS for use with U.S.End User Customers covering Identix®Live Scan Product Line I. GENERAL SCOPE OF COVERAGE tariffs, taxes, and all other delivery related charges. Subject to payment in full of the applicable • Identix shall make available to Customer one maintenance fees for the system ("System") described copy (in electronic or other standard form) of in Identix Incorporated's ("Identix") current each Update (defined herein) for those System Maintenance Agreement Addendum ("Addendum") components that are developed by Identix and with customer("Customer"), Identix, or its authorized for which Identix, in its sole discretion, elects agents or subcontractors, shall provide the System to develop and generally make available to maintenance services ("Services") set forth and in customers whose Systems are under warranty accordance with the terms herein (this "Agreement") or under a current Identix Maintenance and the Addendum. The terns of the Addendum are Agreement Addendum. Customer shall hereby incorporated into this Agreement by this provide Identix with continuous network or reference. dial-up access to the System (whether stand alone or connected to a central site), and II. MAINTENANCE SERVICES Identix shall deliver the Update via this remote means of delivery. In the event continuous The Services provided by Identix are those services network or dial-up access is not available for selected by Customer from one or more of the 24/7 Maintenance Services and 915 following maintenance services programs: Maintenance Services Customers, then Identix shall install the Update during any A. Included With All Remedial Maintenance Services. subsequently scheduled on-site visit by Identix Included With All Remedial Maintenance Services are for service of the System. An"Update"means as follows: a new release of such System software • Unlimited 24/7 telephone technical support for components that are developed by Identix System hardware and software from the which contain (i) bug fixes, corrections, or a Identix TouchCare Support Center via Identix work-around of previously identified errors toll free telephone number, with such software, or (ii) minor • TouchCare Support Center managed problem enhancements, improvements, or revisions escalation, as required, to Identix' technical with substantially similar (but not new) support staff to resolve unique problems. functionality to the original licensed System Identix shall furnish all parts and components software. necessary for the set-vice and maintenance of the System. Replacement parts shall be sent to B. 2417 Maintenance Services. Identix' 2417 the Customer. All replaced defective parts Maintenance Services are as follows: shall become Identix' property. Identix shall • Customer will receive a telephone response to determine if a replacement part is necessary. service calls within one(1) hour from the time Replacement parts and components may be the Customer places a service call with new or refurbished. Unless otherwise agreed Identix' Help Desk. by Identix, replacement parts and components • Identix' Help Desk will attempt problem needed at international destinations shall be resolution via telephonic verbal and dial-in shipped by Identix to the Customer-specified troubleshooting prior to dispatching an Identix United States destination, and the Customer field service engineer to Customer's facility shall arrange for shipment of the parts and for on-site service. components to the final international • If on-site service is necessary, such service destination. In the event Identix ships shall be provided 24/7, including holidays. replacement parts and components to an Identix shall use its best efforts to have an international destination,the Customer shall be Identix' field service engineer at the responsible for all shipping expenses, duties, Customer's facility within four(4) hours from the time the engineer is dispatched by Identix' Version 1/2007/21 March2007 1 Aug. 31. 2011 4: 10PM No. 2525 P. 4 Help Desk for customers located within a 100 development effort. In such event, Identix mile radius of an authorized Identix' service will provide Customer with a quote for location and within 24 hours for customers developing and providing Customer with any located outside such 100 mile radius. such applications and changes. Table updates • At no additional charge, Identix will provide are treated as Updates and will be made Customer with up to four (4) Customer- available to Customer in accordance with requested type of transaction changes to Section II.A.of this Agreement. existing type of transaction applications; provided, however, that any such type of D. Help Desk Maintenance Services. Identix' Help transaction change does not, in the sole Desk Maintenance Services are as.follows: opinion of Identix' Development • The Services do not include any Identix on-site Management Team, require a significant maintenance services. The Customer agrees to development effort. In such event, Identix provide the on-site personnel to assist the will provide Customer with a quote for Identix Help Desk with troubleshooting, developing and providing Customer with any module replacement, and installation of such applications and changes. Table updates Updates, as required, are treated as Updates and will be made • Customer shall maintain at least one (1) available to Customer in accordance with Identix trained System manager on the Section II.A. of this Agreement. Customer's System support staff during the term of such Services period contained in the C. 9/5 Maintenance Services. Identix' 915 applicable Addendum, and such Customer Maintenance Services are as follows: System manager shall be responsible for • Customer will receive a telephone response to periodically backing-up System software in service calls within one(1) hour from the time accordance with Identix' periodic Customer places a service call with Identix' requirements. Unless otherwise agreed in Help Desk. writing by Identix, the Customer- shall be • Identix' Help Desk will attempt problem responsible for the installation of each Update. resolution via telephonic verbal and dial-in • Customer will receive a telephone response to troubleshooting prior to dispatching an Identix service calls within one (1) hour from the time field service engineer to Customer's facility the Customer places a service call with for on-site service. Identix'Help Desk. • If on-site service is necessary, such service • Identix shall furnish all parts and components shall be provided nine (9) business hours (that necessary for the maintenance of the System. is, 8:00 a.m. to 5:00 p.m.) per day, five Identix' shipment of a replacement part to business days per week. Identix shall use its Customer will be initiated promptly after the best efforts to have an Identix' field service Identix' Help Desk determines the need for engineer at Customer's facility within eight(8) such item. Replacement pall orders initiated working hours from the time the engineer- is prior to 3:00 p.m. Central shall be shipped the dispatched by Identix' Help Desk if same business day, where orders initiated after Customer's facility is located within a 100 3:00 p.m. Central shall be shipped the next mile radius of an authorized Identix' service business day. All shipments are made via next location and within 24 hours if Customer's day priority air. facility is located outside such 100 mile radius. • If a defective part is required by Identix to be • Upon Identix' acceptance of Customer's returned to Identix, the packaging material request for after hours service, Customer shall used in shipment of the replacement part must pay for such after hours service on a time and be reused to return the defective pail. [Note: materials basis at Identix' then current rates. defective parts are not repaired and returned to • At no additional charge, Identix will provide Customer. Customer will be invoiced for any Customer with up to four (4) Customer- defective parts that are not returned to Identix requested type of transaction changes to within two (2) weeks after receipt of the existing type of transaction applications; replacement part. Identix is not responsible for provided, however, that any such type of any markings (i.e., asset tags) that Customer transaction change does not, in the sole may place on System components. It is opinion of Identix' Development Customer's responsibility to remove such Management Team, require a significant markings.] Version 1/2007/21 March2007 2 Aug. 31. 2011 4; l OPM No. 2525 P. 5 • Upon Customer's request for Identix on-site components not authorized by Identix are fitted to set-vice,Identix shall use its best efforts to have the System. an Identix field service engineer at the • Maintenance required due to failures caused by Customer's facility within 48 hours from the Customer or Customer's software or other time the engineer is dispatched by Identix' software, hardware or products not licensed by Help Desk. Customer shall pay for such on- Identix to Customer. site service on a time and travel basis at • Providing or installing updates or upgrades to any Identix' then current rates and travel policies, third party(ix,Microsoft, Oracle, etc.) software. respectively. Prior to dispatch of an Identix • Providing consumable parts and components (i.e., engineer, Customer shall either provide Identix platens, toner cartridges, etc.); such items are with a purchase order ("P.O."), complete replaced at the Customer's expense. Identix' P.O. Waiver form, or provide Identix • Maintenance required due to failures resulting with a valid credit card number. from software viruses, worms, Trojans, and any other forms of destructive or interruptive means E. Preventive Maintenance Services. Identix' introduced into the System. Preventive Maintenance Services are as follows; • Maintenance required due to failures caused by • Preventive maintenance service calls consist of Customer facility issues such as inadequate power System cleaning, verification of calibration, sources and protection or use of the System in and verification of proper System environmental conditions outside of those configuration and operation in accordance with conditions specified in Identix' System Identix' specifications for such System. documentation. Identix and Customer will seek to agree upon the scheduling of the preventive maintenance B. Availability of Additional Services. At Customer's service call promptly after commencement of request, Identix may agree to perform the excluded the term of this Agreement and the services described immediately above in accordance commencement of any renewal term. with Identix' then current rates. Other excluded • Preventive maintenance service calls are only services that may be agreed to be performed by Identix available in connection with Identix' 24/7 shall require Identix' receipt of a Customer P.O., Maintenance Services and Identix' 9/5 Customer's completion of Identix' P.O. Waiver form, Maintenance Services offerings. Preventive or Customer providing Identix with a valid credit card maintenance service calls are priced on a per number before work by Identix is commenced. call basis in accordance with Identix' then current published prices for such Services. C. Non-Registered System Components. Any System Preventive Maintenance Services may not be components not registered in the Addendum for which available for certain System components. Services are requested by Customer may be required to have a pre-maintenance inspection by Identix before III. EXCLUSIONS FROM SERVICES being added to the Addendum and this Agreement. This inspection will also be required if this Agreement A. Exclusions, The Services do not include any of the has expired by more than thirty (30) days. Identix' following: inspection will be billed at Identix' current inspection • System relocation. rate plus travel expenses and parts(if any required). • Additional training beyond that amount or level of training originally ordered by Customer. D. Third Party Hardware and Software. Customer • Maintenance support or troubleshooting for shall be solely responsible for obtaining from Identix Customer provided communication networks. or an Identix authorized or identified vendor, at • Maintenance required to the System or its parts Customer's sole expense: (i) all Identix and third party arising out of misuse, abuse, negligence, software that may be required for use in connection attachment of unauthorized components (including with any Updates, major enhancements or new software), or accessories or parts, use of sub- versions; and (ii) all hardware that may be required for standard supplies, or other causes beyond Identix' the use of any Updates, major enhancements or new control. versions. Identix will specify the hardware and third • Maintenance required due to the System being party software requirements for any Updates. modified, damaged, altered, moved or serviced by personnel other than Identix' authorized service rV• SERVICE CALLS representatives, or if parts, accessories, or Vcrsionl/2007/2lMarch2007 3 Aug. 31. 2011 4: 11PM No. 2525 P. 6 Customer may contact Identix' TouchCare Support Identix shall provide the Services hereunder in a Center by calling 1-888-HELP-IDX (888-435-7439). professional and workmanlike manner by duly Service calls under this Agreement will be made at the qualified personnel. EXCEPT FOR THIS LIMITED installation address identified in the Addendum or as WARRANTY, IDENTIX HEREBY DISCLAIMS otherwise agreed to in writing. ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE V. TERM AND TERMINATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN This term of this Agreement shall commence upon REGARD TO THE SERVICES, SOFTWARE, AND Identix' receipt of the annual maintenance fee reflected ANY OTHER GOODS PROVIDED HEREUNDER. in the Addendum and shall continue for a period of one IN NO EVENT SHALL IDENTIX' AGGREGATE (1) year. This Agreement may be renewed for LIABILITY TO CUSTOMER ARISING OUT OF, OR additional one (1) year terms upon the parties' mutual RELATED TO, THIS AGREEMENT, UNDER ANY agreement and Customer's execution of an updated CAUSE OF ACTION OR THEORY OF RECOVERY, Addendum and Identix' receipt of the applicable. EXCEED THE NET FEES FOR IDENTIX' annual maintenance fee reflected in the updated SERVICES ACTUALLY PAID BY CUSTOMER TO Addendum. Either party may terminate this IDENTIX UNDER THE APPLICABLE Agreement in the event of a material breach by the ADDENDUM TO THIS AGREEMENT DURING other parry that remains uncured for a period of thirty THE TWELVE (12) MONTHS PRIOR TO THE (30) days from the date the non-breaching parry DATE THE CUSTOMER'S CAUSE OF ACTION provided the other with written notice of such breach. AROSE. IN NO EVENT SHALL IDENTIX BE LIABLE TO CUSTOMER FOR ANY INDIRECT, VI. FEES FOR SERVICES SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT A. Fees. The initial fee for Services under this LIMITED TO, LOST PROFITS OR REVENUE; Agreement shall be the amount set forth in the LOSS, INACCURACY, OR CORRUPTION OF Addendum, The annual maintenance fee during any DATA OR LOSS OR INTERRUPTION OF USE; OR renewal term will be Identix' current rates in effect at FOR ANY MATTER BEYOND IDENTIX' the time of renewal. Customer agrees to pay the total REASONABLY CONTROL, EVEN IF ADVISED OF of all charges for Services annually in advance within THE POSSIBILITY OF SUCH DAMAGES. NO thirty(30)days of the date of Identix' invoice for such ACTION, REGARDLESS OF FORM, MAY BE charges. Customer understands that alterations, BROUGHT BY CUSTOMER MORE THAN TWO attachments, specification changes, or use of sub- (2) YEARS AFTER THE DATE THE CAUSE OF standard supplies that cause excessive service calls, ACTIONAROSE. may require an increase in Service fees during the term of this Agreement at the election of Identix, and VIM. LIMITED LICENSE TO UPDATES Customer agrees to promptly pay such charges when due. Identix may deliver Identix-developed Updates to Customer. The terms of Identix' end user license for B. Failure to Pay Fees, If Customer does not pay the Identix' software delivered as part of the System Identix' fees for Services or parts as provided shall govern Customer's use of the Updates. hereunder when duo: (i) Identix may suspend performance of its obligation to provide Set-vices until IX. MISCELLANEOUS the account is brought current; and (ii) Identix may, at its discretion, provide the Services at current "non This Agreement shall be governed by and construed contract/per call" rates on a COD basis. Customer according to the laws of the State of Minnesota, agrees to pay Identix' costs and expenses of collection excluding its conflict of. laws provisions. This including the maximum attorneys' fee permitted by Agreement constitutes the entire agreement between law (said fee not to exceed 25% of the amount due the parties regarding the subject matter described hereunder). herein and may not be modified except in writing signed by duly authorized representatives of Identix VII. LIMITED WARRANTY /DISCLAIMER / and the Customer. This Agreement may not be LIMITATION OF LIABILITY assigned by Customer without the prior express written consent of Identix. Version 1/2007/21 March2007 4 CITY RECORDER Page 1 / 1 �® CITY OF ASHLAND f�.,.., ,.DATE *..� ,j!'.1 -. `r PO1JUMBER�,;..` ,� 20 E MAIN ST. 9/1/2011 10429 ASHLAND, OR 97520 (541)488-5300 . VENDOR: 013543 SHIP TO: City of Ashland- Police Dept. IDENTIX INCORPORATED 1155 E MAIN STREET 5705 W OLD SHAKOPEE ROAD ASHLAND, OR 97520 BLOOMINGTON, MN 55437 FOB Point: . - Req.No.: Terms: Net Dept.: Req.Del.Date: contact: Gail Rosenberq Special Inst: - Confirming? No k..Unit;, Unit Price�.� '.° .Ext.P�iceji` Electronic Fingerprinting - Machine and 2,399.00 program used by OSP to process fingerprints. Coverage: Start date 01-Jan-12, End date 31-Dec-12 SUBTOTAL 2.399.00. BILL To:Account Payable TAX 0.00 20 EAST MAIN ST FREIGHT 0.00 541-552-2028 TOTAL 2,399.00 ASHLAND, OR 97520 Y T e, '. ..r . ,.... ... ..... t I. - ar - UTACCOUntNumber, `_ProjecfNumber ;'s dAmount `._! ?Account Number • „.... Prdject Number,,.,, {Amount. ,;.:;, E 110.06:09.00.60416 2,399.00 Aut rized Signature VENDOR COPY FORM #3 CITY OF A request for a Purchase Order ASHLAND . REQUISITION Date of request: os/st/tt Required date for delivery: Vendor Name L-1 Idpnt'ty Rnh itinng Address,City,State,Zip 5705 W Old Shaknnea Rd Suita 100 Rlnnmingtnn MN 5,9437-3107 Contact Name&Telephone Number Fax Number Penny S Van I ith 952 945 3373 952.852.8747 SOLICITATION PROCESS ❑ Exempt from Competitive Bidding ❑ Emergency ❑ Written Findings(Form attached) ❑ Invitation to Bid (Copies on file) ❑ Written findings attached ❑ Quote or Proposal attached Date approved by Council: ❑ Quote or Proposal attached ❑ Small Procurement Cooperative Procurement Less than$5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon Note:Total contract amount,including any Date approved by Council: Contract# amendments may not exceed$6,000 ❑ State of Washington Intermediate Procurement ® Sole Source Contract# GOODS&SERVICES ❑ Written Findings(Form attached) ❑ Other government agency contract $5,000 to$100.000 ® Quote or Proposal attached Agency ❑ (3)Written quotes attached Contract It PERSONAL SERVICES ❑ Special Procurement ❑ Intergovernmental Agreement $5.000 to$75,000 ❑ Written Findings(Form attached) Agency ❑ Less than$35,000,by direct appointment ❑ Quote or Proposal attached Contract# ❑ 3)Written proposals attached Date approved by Council: Date approved by Council: Description of SERVICES Total Cost Electronic fingerprinting-machine/ ro ram used by OSP to process fingerprints 32P9.00 Item# Quantity Unit Description of MATERIALS Unit Price Total Cost . ❑ Per attached QUOTE TOTACbOSTf, Project Number---------- Account Number 110.06.09.00.604160 Account Number------------------- Account Number - - -__-______ Account Number___-__-_ - _-__ _ `Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. By signing this requisitio?Fbrimnrfifk haythe infonnah n pro ided abov e meets the City's public contracting requirements,and the documentation can be provided upon request Employee Signature C Department Head Signature: 7�� 1�-,2A�Additional signaturee):Funds appropriated cal year. CE / NO Finance Director Date Comments: i G:FlnancelPtocedurelAPTormsWonm#3-Reauisition.doc Updated on:81312011