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HomeMy WebLinkAboutbocc.con.165.2002 CHECK LIST CONTRACTS SUBMITTED TO CLERKS OFFICE FOR SCANNING/ARCHIVING Originating Department/Division: T � Contact Person: p^ �5"9&'� Phone#: q-7D CONTRACT#- (o(r�-.SR �S'� Check Contract Type: (CHECK ALL THAT ARE APPROPRIATE) Services _Maintenance #TA"AUTHORIZED License/Use SIGNATURE _Lease _Construction _Purchase _Employment _Intergovernmental Agreement (Requires BOCC Action) _Non-Profit _Quasi-Public _Grant Agreements (Requires BOCC Action) Other Signatures Required: Under 25K—Department Head 25-50K—Department Head (if appropriate), Section Leader Over 50 K—Department Head (if appropriate), Section Leader, County Manager Contractor/Business (Complete Name): -TDEAR I X -TriC Contract Start Date:1Q/ 1 /Do' Contract End Date: !2/3—oAz Automatic Renewal (Y/N): All Contracts should be proofed for the following: • No Pages Missing • If a Page is Left Intentionally Blank—Note on Page • Consecutive Page No's • All Signatures Affixed • All Dates Filled In • All Other Blanks Filled In • All Exhibits Attached • All Legal Descriptions Attached (if appropriate) • Notice of Award/Proceed Attached (if appropriate) Sent to Clerk and Recorder for Scanning/Archiving Date: yoo a Authorized Siaff Person Note: Signature of authorized staff person indicates that document has been proofed and ready for scanning. (Clerk's Office will keep original documents in compliance with State Archives retainage schedule) ,F'F AUTHORIZED CONTRACT# SIGNATURE L/tAl2le16 t-ej AAozA MAINTENANCE SUPPORT AGREEMENT THIS A •R M NT Aae,rn�into by and between IDENTIX INCORPORATED,having its principal place of business at 5600 Rowland Road, Suite 205, Minnetonka, MN 553434315, and the ASPEN/PITKIN COUNTY AIRPORT, 233 East Airport Road Suite A, Aspen, CO 81611-3502 ('Customer). IDENTIX will render specified Maintenance and Support services to the equipment types,models,and features(the"Equipment')listed in the Maintenance Addendum or Addenda attached hereto and made a part hereof as the same are executed from time to time by the parties hereto,under the terms and conditions set forth in this Agreement. 1.0 TERM OF AGREEMENT. This Agreement shall commence Upon Customer's request, IDENTIX and/or MSO will perform on the"Effective Date"as specified in the Addendum and shall remain preventative maintenance outside its normal working hours at the in effect until canceled by either party upon giving at least 90 days prior applicable per call rates and terms then in effect. written notice. If the last day of the tern does not fall on the last day of a month,then the term shall be extended so as to expire on the last day 6.0 MAINTENANCE CLASSIFICATION. The maintenance of such month. support supplied by IDENTIX is based on three concepts: 2.0 PARTS. IDENTIX shall famish all parts, modules, I.Classification of problems by type. subassemblies, boards, components and related material ("Parts') 2.Classification of problems by severity. necessary for the service and maintenance of Equipment covered by this 3.Classification of remedial action into activity levels. Agreement. All such parts shall be new,or reconditioned to perform as Classification of a problem b establishes the type of action to take. new, when used in the Equipment. Defective parts replaced by p y type yp IDENTIX during the performance of Maintenance Service shall become Classification of the severity determines how quickly the problem must the property of IDENTIX. be resolved,and finally,the response to the problem can be classed into activity levels. 3.0 REMEDIAL MAINTENANCE. IDENTIX may directly provide maintenance service or may contract with a third party Information received from calls to the IDENTIX 24-hour Response Maintenance Service Organization(herein after referred to as MSO)to Line is recorded and a service technician is paged or called for a provide Maintenance Service on a labor only basis consisting of On- response. As part of this process,the technician will ascertain the type Call unscheduled remedial maintenance as specified in the Addendum. and severity of the problem and will categorize the problem as defined This Maintenance includes;lubrication,adjustments and replacement of in Section 6.1. Parts deemed necessary by IDENTIX and/or MSO to keep the 6.1 Problems Types.In general,problems occurring in the system Equipment in,or restore the Equipment to,good operating condition. can be separated into the following categories: 4.0 MAINTENANCE SERVICE NOT COVERED BY THIS Type 1: User Education Problems: The types of problems encountered AGREEMENT: (a) maintenance, repair or replacement of parts under this level of problem include faulty fingerprint capture techniques, resulting from general environmental conditions,catastrophe or acts of failure to clean platens properly,incorrect entries at the keyboard,etc. God, accident, neglect, misuse, fault or negligence of Customer, or causes external to the Equipment such as,but not limited to,failure of or Type 2: Configuration Problems: This type of problem includes cases faulty electric power or air conditioning or Customer's network or any where the system is not printing the cored number of cards at the causes other than ordinary use; (b) service and repair of accessories, desired site or when a particular processing option is not presented as a apparatus, attachments or any other devices not identified in the choice to the operator. Addendum;(c)service and repair of accessories,apparatus,attachments or any other devices identified in the Addendum which has been Type 3:Mechanical Hardware Faults: Jammed printers or faulty(wom) repaired, modified or altered in any manner by parties other than platens are typical of this type of problem. IDENTIX or MSO; Note:Ifpersons other than IDENTIX and/or MSO Type 4:Electronic Hardware Faults: Failure of an electronic component Field Engineers repair, modify or perform any service on any item of or power supply typify this type of problem. Generally, this type of Equipment covered by this Agreement, then, as a result thereof, any problem creates a situation where the live-scan unit or peripheral device future service on said Equipment by IDENTIX and/or MSO will be is out of service. performed at applicable per call rates and terms then in effect. (d) specification changes, modifications or alterations in or to the Type 5: Software Faults: A software problem can occur when either a Equipment or any accessories, apparatus attachment, or other devices; pathway through the program that has not been fully exercised is (e) furnishing supplies; (f) rebuilding, refurbishing or overhauling the encountered during operation, or a machine condition is detected that Equipment; (g) installation/removal services; except those services does not have a programmed response. associated with the maintenance being performed under the terms of this Agreement; (h) waiting time (Time spent waiting to service the Type 6:Network Faults: A failure of one of the communication lines or equipment if the site will not allow the Field Service person access to the pan of the network may create a condition where workload backup or equipment.). stoppage occurs at a site. Upon Customer's request, IDENTIX may agree to perform such 6.2 Problem Severity and Response Time Problem severity excluded services in accordance with its applicable time and material classification is a method of determining how to prioritize problems,if rates and terns then in effect. the need arises due to multiple simultaneous problem conditions. 5.0 OPTIONAL PREVENTATIVE MAINTENANCE. This Level 1. The system is not functional or will cease to function very plan provides regularly scheduled preventative maintenance services soon. IDENTIX Technical Support will respond within Q) hour including cleaning and adjusting the equipment and replacing any following the time that the Service Call is received. If the problem element which appears wom or out of specification. cannot be resolved via telephone and/or remote dial-up and providing that all required material is available,On-Site service will be started by Scheduled preventative maintenance as determined by IDENTIX and/or IDENTIX or MSO as soon as possible,not to exceed 24 hours. MSO will be performed during that portion of the period selected by the Level 2. The system is marginally usable(i.e.difficult to use). Action Customer which falls between the hours of 8:00 AM and 5:00 PM, Monday through Friday,except nationally observed legal holidays,and most be taken quickly to resolve the problem before it causes a Level 1 referred to hereafter as IDENTIX'and/or MSO's normal working hours. situation or frustrates the User. IDENTIX Technical Support will Preventative maintenance shall be scheduled for the same day during respond within (1) hour following the time that the Service Call is each maintenance period or any other time agreeable to the Customer, received. If the problem cannot be resolved via telephone and/or remote IDENTIX and/or MSO. dial-up and providing that all required material is available, On-Site service will be started by IDENTIX or MSO as soon as possible,not to exceed 48 hours. IDENTIX INCORPORATED, 5600 ROWLAND ROAD, MINNETONKA,MN 553434315 PHONE(952)932-0888,FAX(952)945-3304 CONFIDENTIAL PRICING INFORMATION 02/21/01 Page I Level 3. The system is usable but certain operations cause annoyances • Load cards into the laser printer,as required. or unexpected results. These operations can be avoided in normal use. • Maintain and order consumable items such as toner cartridges, IDENTIX Technical Support will respond within(1)hour following the moisturizing towels, moisturizing lotions, cleaning towels and time that the Service Call is received. If the problem can not be resolved platen cleaner, via telephone and/or remote dial-up and providing that all required • Follow up on any report of unusual system activity to validate material is available, On-Site service will be started by IDENTIX or possible problems and take corrective action. MSO as soon as possible,not to exceed 96 hours. • Perform preventative maintenance in accordance with IDENTIX 63 Activity Levels. System problems are corrected or prevented specifications, unless Customer has a Preventative Maintenance through a hierarchy of activity levels involving different personnel. Agreement. User Activities:Correction of User problems through additional training 6.43 Central Site User Responsibilities.Operators at a central site is the simplest and most immediate form of problem correction and facility are expected to perform the following functions as part of their prevention. It is estimated that the vast majority of initial problems normal duties: reported on a system are User caused and User correctable. The User is • Load cards into the laser printer,as required. responsible for operating the equipment properly,noting when problems • Clear cards from jammed printer,as required. are occurring and reporting them to the System Manager. User • Provide assistance to fellow Users on Type I - User Education maintenance activities are controlled through proper User training and problems. are applicable for both TENPRINTER operation and central site • Report any problem or unusual system activity to System Manager. operations. System Manager Activities:The next level of problem resolution comes 6.4.4 Central Site System Manager Responsibilities. System from System Manager activities. These activities also provide simple Managers at central site installations are expected to perform the and immediate resolution to problems. System Managers should be able following functions as part of their normal duties: to identify and rectify improper User actions and minor system • Load cards into printers,as required. malfunctions. Correction of User actions, system configuration • Clear cards from jammed printers,as required. problems or minor hardware faults (paper jams, etc.) will enhance • Resolve Type I -User Education problems,when possible. system operation and produce much more efficient performance. • Clean printer pick-up rollers,as required. Preventative Maintenance (PM): Preventative maintenance most be • Monitor network to assure that data is flowing properly(Observe performed in accordance with IDENTIX specifications by the System monitor screens on Store and Forward, ACMS, Print Director, Manager on a scheduled basis unless Customer has a Preventative Print Server,DIPC and SLARP). Maintenance Agreement. • Perform preventative maintenance in accordance with IDENTIX specifications, unless Customer has a Preventative Maintenance Remedial Maintenance: On-Call maintenance activities provide the Agreement restoration of system operation in cases where hardware or software • Follow up on any report of unusual system activity to validate faults have caused malfunctions. possible problems and take corrective action. 6.4. User and System Manager Maintenance Responsibilities. • Ensure system time and date are properly set. Proper operation of the equipment as well as certain maintenance-like 7.0 CHARGES. The Monthly Maintenance Charges provided for functions are expected as part of the normal duties of Users and System herein commence on the"Effceive Date"of this Agreement and will be Managers. invoiced as of the first day of each calendar month. Payment will be 6.4.1 TENPRINTER®User Responsibilities. made in full within 30 days after the date of invoice. All other charges hereunder are payable as specified in the applicable invoice for such TENPRINTER®Users are expected to perform the following activities charges. Charges for a partial month's service will be prorated on the as part of their normal duties: basis of a 30-day month. • Properly clean platen after each use of the TENPRINTER®(Type 1 Al) charges specified on the Addendum are those currently in effect. Problem). However,charges are subject to change by IDENTIX after the initial • Load cards into printer input trays,as required. year of this Agreement, upon 60 days prior written notice. All other • Clear cards from jammed printers,as required(Type 3 Problem). charges hereunder are subject to change by IDENTIX,at any time,upon • Provide assistance to fellow Users regarding general techniques or 30 days prior written notice.If the Charges are increased,the Customer operation(Type I Problem). may,on the effective date of such increase,terminate this Agreement. • Monitor TENPRINTER® status display for any improper After the expiration of the 30 day prior written notice, such increases operation. shall be effective. • Report any problem or unusual system activity to System Manager. Customer shall pay all sales, use and excise taxes, and any other 6A.2 TENPRINTER® System Manager Responsibilities It is the assessments in the nature of taxes however designated,on the services responsibility of each agency to identify a System Manager for each site furnished under this Agreement,exclusive of taxes based on IDENTIX and each shift. The agency most notify IDENTIX of any changes in the and/or MSO net income, unless Customer furnishes IDENTIX with a System Manager within 5 days of any change. The System Managers certificate of exemption from payment of such taxes,which is in a form will be the authorized point of contact between the site and IDENTIX reasonably acceptable to IDENTIX. for solution of problems and receiving/sending of material or on-site spare parts. 7.1. Zone Charge. Additional monthly charges may apply in addition to the Basic Monthly Maintenance charges, based upon the System Managers for TENPRINTER®installations are responsible for number of miles the installation is located from the designated service the following activities as part of their normal duties: facility. Zone charges will be established for new installations which may fall into this category. Resolve Type 1-User Education problems. • Accuracy of TENPRINTER®User List 7.2 Additional Equipment. Equipment added to a configuration at • Accuracy of the following items(Contact IDENTIX Field Service a later date will be added to the maintenance schedule at the then current for corrective action): IDENTIX maintenance prices upon acceptance by the Customer. An - Configuration of Default Demographics. amended maintenance price schedule will be provided after addition of - Configuration of Mandatory Fields. any equipment to the system. - Configuration of Processing Options 73 Non-Contract Labor Rates. The following labor rates outside • Ensure TENPRINTER®system time and date are properly set. principle period of maintenance will apply to service performed outside IDENTIX INCORPORATED, 5600 ROWLAND ROAD, MINNETONKA,MN 55343-4315 PHONE(952)932-0888,FAX(952)945-3304 CONFIDENTIAL PRICING INFORMATION 02/21/01 Page 2 the maintenance coverage period ordered under the Addendum and to all 11.0 DEFAULT AND LIMITATION OF LIABILITY. Either service performed as repair. party shall be in default under this Agreement if it fails to perform any DAYS HOURS LA13OR RATE of its obligations hereunder and such failure remains uncured for a period of thirty (30) days after receipt by such party of written notice Monday-Friday 0800-1700 S200 per hour' thereof from the other party. Monday-Friday 1700-0800 $225 per hour' If any event of default occurs, the non-defaulting party,in addition to Sat,Sun,Holidays All hours $225 per hour any other rights available to it under law or in equity,may withhold its 'Three hour minimum. performance under or may terminate the Addendum at any time by giving notice thereof in writing to the defaulting party. If IDENTIX is 8.0 INSPECTION AND REPAIRS. Prior to the commencement the non-defaulting party, IDENTIX , until the event is cured, may date of maintenance under this Agreement, the Equipment shall be withhold its performance under or may terminate any other Addendum subject to inspection, (the charge for which will include the fixed rate under this Agreement. plus expenses), by IDENTIX and/or MSO to determine if it is in acceptable condition for maintenance under this Agreement. IDENTIX Remedies shall be cumulative and there shall be no obligation to shall notify Customer of any repair or adjustment it dams necessary to exercise a particular remedy. The defaulting party shall pay the non- bring the Equipment up to an acceptable condition for maintenance defaulting party its reasonable expenses, including attorney fees, in under this Agreement. Upon Customers written authorization, enforcing its rights under the Agreement. IDENTIX and/or MSO shall make such repairs,using Parts supplied by The entire IDENTIX liability to Customer for damages concerning IDENTIX,at its applicable time and material rates and terms then in performance or nonperformance by IDENTIX under the Agreement or effect. Should Customer fail to authorize such repairs,including Parts in any way related to the subject matter of the Agreement,regardless of and charges therefor,IDENTIX and/or MSO shall have no obligation to whether the claim for such damages is based on contract or in tort,shall perform the maintenance service contemplated by this Agreement. not exceed Fifty Thousand Dollars($50,000). The preceding sentence 9.0 ACCESS TO EQUIPMENT. Customer will provide shall not apply to claims for bodily injury or for damages to real or IDENTIX and/or MSO with full and free access to the Equipment and a tangible personal property to the extent caused by IDENTIX safe place in which to work. Customer shall provide IDENTIX and/or negligence. MSO with reasonable temporary storage space at the Equipment site as Except as otherwise provided in this paragraph, IDENTIX shall not be IDENTIX and/or MSO may require to provide Maintenance Service. liable for damages arising out of or in connection with the use,repair, Anything in this Agreement to the contrary notwithstanding, IDENTIX lack of repair or performance of the Equipment,or for any loss of profits and/or MSO shall have no obligation to perform any services under this or other special or consequential damages,even if IDENTIX has been Agreement in any residential dwelling. advised of the possibility of such damages, or for any claim against 10.0 WARRANTIES, DISCLAIMERS, AND CUSTOMER Customer by any other party. RESPONSIBILITIES. 12.0 ASSIGNMENT. Customer will not assign or transfer the Agreement without the prior written consent of IDENTIX (which a. SERVICE WARRANTY. IDENTIX warrants that services consent shall not be unreasonably withheld). Any prohibited assignment provided by IDENTIX hereunder will be provided in a or transfer shall be null and void. IDENTIX may cause the services workmanlike manner. covered by the contract to be provided either by IDENTIX Field Service Engineers or by any MSO authorized service organization,but b. REMEDIES LIMITED. The sole remedy available to Customer for breach of any of the foregoing warranties will be the good faith use of such an organization shall not relieve IDENTIX of its obligations supply by IDENTIX of remedial maintenance services under the under the Agreement. terms of this agreement. IDENTIX ' liability for breach of 13.0 NOTICES. All formal notices, consents and other warranty will also be limited in accordance with the provisions of communications required or permitted under the Agreement shall be in the following section 11. writing and shall be sent by registered or certified mail,postage prepaid C. NO IMPLIED WARRANTIES. FOREGOING WARRANTIES and return receipt requested,or transmitted by fax if confirmed by such ARE IN LIEU OF ANY OTHER WARRANTIES,EXPRESS OR mailing,to the addresses indicated in this Agreement. Either party may IMPLIED, AND IDENTIX HEREBY EXPRESSLY change its address by written notice to the other party. Written notice DISCLAIMS ANY IMPLIED WARRANTIES OF sent by regular mail which has been received by the other party shall be MERCHANTABILITY OR FITNESS FOR PARTICULAR deemed to have complied with this provision. PURPOSE. 14.0 ENTIRE AGREEMENT. This Agreement and any addenda d. LIMITATION OF DAMAGES. IN NO EVENT WILL issued hereunder signed by the parties constitute the complete and IDENTIX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, exclusive statement of the agreement between IDENTIX and Customer, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY and supersedes all oral or written proposals,prior agreements and other KIND ARISING UNDER THIS AGREEMENT, WHETHER IN prior communications between the parties concerning the subject matter TORT,CONTRACT,WARRANTY,OR ANY OTHER THEORY of the Agreement. OF LIABILITY. When equipment covered under this Agreement meets or exceeds its e. CUSTOMERS RESPONSIBILITIES. Customer shall ensure normal life expectancy, IDENTIX may provide written notification of that all of its files are adequately duplicated and documented required refurbishing and/or replacement of equipment as a condition of IDENTIX will not be responsible for Customer's failure to do so, Agreement renewal. nor for the cost of reconstructing data stored on disk files,tapes, memories,etc.lost during the course of any maintenance services performed pursuant to this Agreement. IDENTIX INCORPORATED, 5600 ROWLAND ROAD, MINNETONKA,MN 55343-4315 PHONE(952)932-0888,FAX(952)945-3304 CONFIDENTIAL PRICING INFORMATION 02/21/01 Page 3 15.0 GENERAL. This Agreement shall be governed by that or any other provision of the Agreement. In the event and construed in accordance with the laws of the State of that any provision contained in the Agreement is held to be Minnesota. No subsequent representation or promise relating unenforceable, the Agreement shall be construed without to and no amendment of the Agreement shall be binding such provision. unless it is in writing and signed by both parties. The terms and conditions of any order submitted by Customer shall be Customer represents that it is the owner of the Equipment or, of no force and effect. Except for Customer's obligation to if not the owner, that it has the authority to enter into this pay, neither party shall be liable for any failure to perform Agreement due to causes beyond IDENTIX'reasonable control. This Agreement and any Addendum issued hereunder shall No waiver by a party of any breach of any provision of the be effective only when accepted by IDENTIX at its Agreement shall constitute a waiver of any other breach of corporate offices in Minnetonka,Minnesota. IDENTIX INCORPORATED ASPEN/PITKIN COUNTY AIRPORT 5600 Rowland Road 233 East Airport Road Ste A Minnetonka,MN 55343-4315 Aspen,CO 81611-3502 Attention: Contracts Administration �I By: � /1i inn �l'%�1. L� BY: . �_.-CZj�r Name: Lynn Schwichtenber ('� g(cm) Name: _1 rM-�@ S Title: Contracts Administrator Titles 1-\l fL D�ZT�if?£L-7- Date: August 7,2002 Date: Z A'A-6-C<-- IDENTIX INCORPORATED, 5600 ROWLAND ROAD, MINNETONKA,MN 553434315 PHONE(952)932-0888,FAX(952)945-3304 CONFIDENTIAL PRICING INFORMATION 02/21/01 Page 4 MAINTENANCE AGREEMENT ADDENDUM Your Client ID#is: A1024 You will need this number to place a service call EQUIPMENT LOCATION Aspen/Pitkin County Airport 233 East Airport Road Aspen,CO 81611-3502 System Maintenance Pricine: 9/5* 24/7** Model Description Qyt Cost/Mo. Cost/Mo. TPFC-DTMCRT TP,DESKTOP,CRT 1 $305.00 $340.00 Total (per month) $305.00 $340.00 System Includes: Model Descriotion QY L103 TP,Card Application, SW 1 L105-01 WSQ SW,Direct NIST,Xmit i DNL-AAAE Linux TPFC AAAE 1 2130-TPFCDTM Desktop,Serial Modem 1 PERIOD OF COVERAGE: * 9 hours a day, 5 days a week,except nationally observed holidays **24 hours a day, 7 days a week,except nationally observed holidays EFFECTIVE DATE: October 1,2002 through September 30,2003 COST: Please choose coverage: a9/5 cost=$305.00 per month or$3,550.00 annually(includes 3%prepayment discount). ❑ 24/7 cost=$340.00 per month or$3,958.00 annually(includes 3%prepayment discount) Please check type of preferred billing: ❑ monthly invoice or ❑ prepaid annual invoice IDENTIX INCORPORATED ASPEN/PITKIN COUNTY AIRPORT 5600 Rowland Road Billing Address: Minnetonka,MN 55343-4315 233 East Airport Road Ste A Attn: Contracts Administration Aspen,CO 81611-3502 P.O.#: y o g BY: �L \ �` t' �1 BY: NAME: Lynn Schwichtenbere(cm) NAME: Fd n n A d o TITLE: Contracts Administrator TITLE: Cay"TA TS AJ MA..l DATE: Aueust 7.2002 DATE: 2 /a 5z Ind If your agency requires a Purchase Order,please attach or include the P.O.#. If neither is given,we will invoice from the signed addendum.