HomeMy WebLinkAboutR-79-0575A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT AMENDING THE
ORIGINAL CONTRACT FOR THE ROCKWELL AUTOMATIC
FINGERPRINT SYSTEM, DATED JUNE 23, 1977,
BETWEEN ROCKWELL INTERNATIONAL, INC. AND THE
CITY OF MIAMI, SAID AGREEMENT CONTAINING
SUBSTANTIAL MATERIAL CHANGES FROM THE ORIGINAL
CONTRACT.
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ATTEST:
PH . ONGIE, CITY CLER
D AND APPROVED BY:
THOMAS H. CONNORS
ASSISTANT CITY ATTORNEY
APPR
GEORGE
CITY A RNEY
MAYOR
"DOCUMENT INDEX
ITEM NO
"SUPPORTIVE
DOCUMENTS
FOLLOW"
S TO FORM AND CORRECTNESS:
a�.
M AGER-M I1 MI
i^ii _ a-rJr=ir; :,I�i,iG,=c<,��'!`! :yJUL
�
ro.
F
Joseph R. Grassie
City Manager
ennetfi I. Ha
Chief of Police
,:,Tr:: JUL 1 3 1979
tI if f7JECr_
REFERENCES:
ENCLOSURES
I recommend that the attached Resolution authorizing the City
Manager to amend the contract with Rockwell International for
an Automatic Fingerprint System be passed.
I recommend this action because I have concluded,.
after analyzing volumes of data, obtaining the
opinions of several Assistant City Attorneys,
discussing this matter with my staff, that ulti-
mately the best interests of the City of Miami,
and more particularly the Police Department, will
be served by the recommended actions taking place.'
BACKGROUND
1LE. FIN 7
An Automatic Fingerprint Identification System (AFIS) in lay-
man's terms (and rather than becoming involved in legalese or
technical jargon, I have sought to reduce this problem to lay-
man's language throughout) is a system that would enable the
police department to take a latent fingerprint that has been
lifted from a crime scene by an I.D. technician or police officer,
place this latent print into a machine which then compares that
latent print to all other single fingerprints on file in the
AFIS's memory, and if a similar or identical fingerprint is
matched with the latent, the AFIS will disgorge the fingerprint
on file. Ultimately a fingerprint technician must make the
final comparison between the latent print lifted from the crime
scene and the file print that the AFIS found to be similar. In
terms of crime solving an AFIS would be of incalculable value
to a police department, if it worked.
HISTORY
Next begins a. capsule history of the negotiations for an AFIS..
They began in 1974 when the Miami Police Department (MPD) first
learned that the technology might be available to produce such a
'SUP'POR l''E
DOCU M N S .
FOL:LOW''
Joseph R. Grassie
system. A company called Calspan was the firm selected as most
likely to produce a system. Under the direction of Keith
Bergstrom, funds became available for the purchase of an AFIS
under Phase 4 of the MMPD Project. During the course of the
next 18 months, at some point in time, it was discovered that
Rockwell International also was in the business of producing an
AFIS. During this time, Eric Wilson, MMPD Computer Programs
Development Manager and others drafted specifications for the
Miami AFIS, working both with Calspan and Rockwell to design
specifications based upon the professed capabilities of both
systems.
A prebid conference with both potential bidders present was held
February 22, 1977 with regard to system specifications so as to
insure that the Miami Police Department would not include any
specs in the Request for. Proposal (RFP) which would prohibit
either or both companies from bidding for the contract.
On March 29, 1978 a RFP was released and both Calspan and Rock-
well responded with a bid. Rockwell's bid was more than
$250,000.00 lower than Calspan's. It was apparent to the MPD
that clarification of Rockwell's bid was desirable and MPD
representatives went to Anaheim, California to meet with Rock-
well to see if they clearly understood the implications of their
proposal. Ultimately the contract with Rockwell was signed
June 23, 1977.
In early February 1978 Rockwell, who was presumably working
earnestly to meet their contract deadline for delivery of a
system no later than April 23, 1978, contacted the Miami Police
Department and advised that:
1. They would be unable to meet the delivery
schedule as promised, and
Some of the specific guarantees agreed to
in the contract would be impossible to be
met.
RENEGOTIATION HISTORY
The time period from February 1978 to date witnessed innumerable
meetings, telephone calls, letters, understandings and mis-
understandings with regard to Rockwell's inability to perform as
per their contract. To compress this time period for purposes
of this memo, at the risk of oversimplification, it can be said
that the MPD's position throughout the renegotiation stage, had
wL4:::, rr7-lifr
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D
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79-575
Joseph:R. Grassie
been that the MPD above all wants that system. Rockwell simply
said "We cannot presently, or in the forseeable future, deliver
that system". MPD said, "We will take a system now, just prom-
ise us to bring it up to the original specs when you can".
Rockwell countered that such a promise could not be forth-
coming from them and on more than one occasion indicated a
willingness to buy themselves out of the contract rather than
commit themselves to delivering a system worth several millions
of today's dollars to MPD at a future date.
The MPD found themselves in a position whereby a prestigious
international company (one who helped put men on the moon) was
telling the MPD that Rockwell had made a stupendous and costly
mistake, that they did not have the technical capabilities to
perform as of the date of the contract signing, and that certain
break throughs, that they anticipated occurring, did not. That
they had no reasonable hope of ever meeting the specs, and
that even if at some future date (the next five years) they
did achieve a break through which would enable them to meet
our specs, they would still be unwilling to honor their 1977
contract.
MPD was aware of another Rockwell system, similar to Miami's
contracted -for -system, but not as technically refined or
accurate as the Miami system was to be, operating in Minnesota
(Minnesota reportedly has paid over $700,000.00 on their
system). After more deliberations, that included the City
Attorney andhis staff, it was decided that the most desirable
resolution of the problem, e.g. treble damages lawsuit or high
dollar settlement owed to the City, MPD wanted and needed a
system if it worked. MPD negotiated with Rockwell so as to
permit an on -sight inspection of the Minnesota system. MPD
technical experts returned with the report that while it was
most certainly not the system we originally contracted for,
although very similar, it would work. They felt that it would
enable the police department to make identifications that would
be virtually impossible manually. It would save enormous amounts
of man hours and that the system itself would be a valuable
asset to MPD. It' was also decided that at the contracted price
of $403,000.00 the "reduced system" offered to the MPD was still
a bargain and that if the technical people could agree on new
performance standards, acceptable to both Rockwell and the City,
and the legal people could agree on the appropriate language
revisions, that the Miami Police Department would still purchase
ter' �4�...t•. .-,.,� 1Ir'-
_�t 5
+ I ►; �� }- Y C�
�. '•. 3
r' L vfP
Joseph R. Grassie
the "reduced system".(As an aside, it, should be noted that
the competitor, Calspan, after being unsuccessful. in the Miami
bid, nolonger sought to engage inthe business of producing
AFTSS.)
The technical people from MPD and Rockwell have been able to
hammer out new specifications acceptable to both parties. The
specs have been incorporated into the attached agreement,
worked out with the assistance of the City Law Department, As
indicated above, my recommendation is that this contract be
approved. The alternative of accepting a Rockwell "buy-out"
or of litigating, possibly with the anti-trust aspects and
the potential for treble damages, seems to me not to be in the
best interests of the City. Even assuming that we are able
to obtain a large amount of cash, either through a final judg-
ment or settlement, MPD would be unable to obtain a AFIS
similar to the one we are currently entitled, for less than a
million or a million and a half dollars, according to my best
sources.
Rockwell has conceded to a certain number of hard and software,
updates if or when they are available, payment of some
liquidated. damages (in the form of additional equipment) an
will provide more hardware (additional matchers) than
originally contacted for.
KIH:mm
"SUPPORTIVE
DOCUMENTS
FOLLOW"
575
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT entered into this day of
, 1979, by and between the City of IvIi.atai (the "City"),
a municipal corporation and Rockwell International Corporation ("Rockwell"),
a Delaware corporation, amending an existing written Agreement between the
City and Rockwell dated June 23; 1.977 (the"Agreement").
WHEREAS, by the terms of the Agreement, Rockwell agreed to produce
for the City an Automatic Fingerprint Identification System (the SYstem )
for which the City agreed to pay Rockwell the purchase price of $403,1.87, o
whichh $31,920 has heretofore been Paid; and
WHEREAS, Rockwell has admitted that it cannot deliver a System which
meets the requirements of the Agreement and has maintained that the
State -of -the -Art is not sufficiently developed and has indicated that it
presently does not expectto have the technological capability to meet the
specifications bid upon withinprepared
t thereasonably meetatofse foreseeableserevifdfuture, and
WHEREAS, Rockwell isspecifications
that are herein accepted by the City subject to the provisions and conditions
as set out herein by exhibits A,E,C, and D (which are attached and made, a part
hereof); and
WHEREAS, Rockwell has delivered to the City of SaintPaul, Minnesota
a system generally comparable to the System herein contracted for by the
City; and
WHEREAS, the City has reviewed the aforementioned system in Saint Paul,
Minnesota and agrees to the aforementioned revised specifications based upon C) C2 4
r- c-
_ r
the performance of said Saint Paul, Minnesota system and the assurances •
from Rockwell that the City's herein revised System will Perform within
--4
the performance range of the Saint Paul, •Minnesota system to the extent the (/)
performance functions of the Saint Paul, Minnesota system and the City's
System are the same; and
WHEREAS, the parties have negotiated in good faith and desire an amend-
ment to the original Agreement;
NOW, THEREFORE, for and in consideration of the mutualc�venantsand
agreements hereinafter contained, the parties hereto agree as follows:
minutia data from 100,000 of
1. Section 1 of the Agreement is hereby deleted in its entirety
and. the following is substituted therefor:
"Rockwell agrees to provide, install and maintain the System
for the City of Miami Police Department in accordance with
Rockwell Document No.
S79-250S/BSC-01 dated February 21, 1979
as modified and amended by Rockwell Document No. 250S-MIAMI,
dated April 16,1976, which documents are attached hereto and
made a part hereof by reference and: are hereinafter called
the 'Contract Documents '.: City 's questions and=Rockwell's
answers thereto posed by the City for the purpose of clarification
of the Proposal transmitted with and including the contents
of Rockwell's letter No. 77AN61114 dated May 10, 1977., numbering
in all 52 pages, are incorporated by reference; exceptingthose
items relating ` to the original specifications.
n addition Rockwell shall, "at>its California facility, extract
the City's fingerprint records and
convertthis data onto magnetic tape. Rockwell shall combine
this minutia data with descriptor data and place the°combined
data onto the City '"s'Printrak 250S Computer Memory Disc The .
resulting loaded disc shall become the data base for the.. System.
The City shall furnish the aforementioned fingerpring records to
Rockwell within eight (8) months after the effective date of
this Amendment."
2. Section 2 of the Agreement is hereby deleted in its entirety and Q .,
the following is substituted therefor: 0 C
"Compensation for services and equipment
by Rockwell in accordance with the terms and provisions ° Fri M
of the above named documents shall be $397,187.
Z
Payment will be made by the City in accordance with the m
schedule outlined, below:
'Date
X-1'
to be provided -
Activity,
Signing of. Contract $31,920
X-2 1. Successful completion o
data base conversion. <`
X-3
. Arrival of System at installation
location. 6,384
Successful completion of installa-
tion at Miami Police Facility no later
Payment
-2-
79-575
Date
Activity
than 15 months after the
effective date of this Amendment.
Payment
Commencement of six-month trial
period one day after X-3.1 above. $188,152
X-4 Completion of trial period six
months after X-3, Day one of Main-
tenance Period, upon acceptance.
X-5 Completion` of Maintenance Period,
One year from X-4.
155,731
.5 000"
3. Section of the Agreement is hereby deleted in its entirety
and the following is substituted therefor:
'Prior to shipment of the System from Rockwell' Anaheim,
California
facility, Rockwell shall perform
in Rockwell Document No. T::79-250S/BSC-01 dated April 16,:1979
(Exhibit C) as modified and amended by Rockwell Document No. T 79
250S/MIAMI-01-dated April 25
the tests set forth
1979 (Exhibit D) which `` -documents are
herein called the 'Acceptance Test Plan.' At completion of
installation. of the ;System
the Miami Police Facility, Rockwell
shall perform such tests as are necessary to prove that the System
in the same condition as when shipped from its Anaheim,California
facility. Rockwell shall notify the. City of the, time when such
tests. are to be performed." The CITY or its authorized representative,
may witness these tests as performed during the progress of the
work. ROCKWELL shall certify, and the CITY. shall verify, the
performance of these tests.: In the event the CITY desires to
waive its rights to witnessa specific test, ROCKWELL will
submit
and the CITY will accept a certification that the System has
satisfactorily passed the required test.
(a) After.Rockwell -has installed the System at
the Miami
Police Facility and the System is capable of performing
in accordance with the Contract Documents, it. shall give
writtennotice.to that effect to the Clty and thereupon
the event set forth in X-3.1 above shall have been
satisfied.
(b) Commencing one day after completion of Milestone X-3.1 above
the City shall subject the System.,to a six-month'. trial period.
•
It at any time during said six-month trial period the System
shall, due to defects in workmanship, material or design, fail
to operate in accordance with the Contract Documents, the
City
shall give written notice of said failure to Rockwell
-1-
F 79-575
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. .. . . .. , . •
.- arids'ItOCitWell-:-:shall,'Witbiri- 30. days after said notice- • •
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_,, ......,.. ....._.... : .„,.. _ . . ,. ,_ • .. .. .. ........ .
operate is due..tu causes other 'tiiii.,defeCts,'i.n 'WOrlUnanshi.p,--,.:.,,,
•• ., - .,_,.. • ..-- , „, ..---,,,-...,. --..-.. - .-.' - -,-, - . - -. ,:-.,..
• - - Materials :•or:desl8a" of System,,,,th.,,-:.--tiie" citiy..shall..: '-promptly
.- '-•_... -:-:--:..--,.:,,.,,..,•,.,., ,
. - . . .. -.. . .... .- ...... ,. , ... ...: ... ....,. . „. ,. .. . .. ....,,.. , , . .
. . . . .... ., . . ... . .... . . ,..., . .. ., ....... . .. , ., .. , _., . ,,.,. .,. ,. , ... .,,. ,...... . , ,... . . , , , .
pay:Rockwellt 0 reasonable costs of correcting ,l said defect: -, ,. ,,,,,•...--..:,:•.::-._,....,,-,•-,,,.,,,.., .
plus • 157-- Profit therecin.' , r The'six-rilcinth. "trial period shall •-.
- -- • . . - .. • . • • . .•-, ' „-. ,-.. -. ,.. „ .,.. ,•-•- ..,,....,,..- ...,,..,...,..,•,:.,,-,,,,•,,
t
' . . • . : rie;t..be•-• extended for any cause • including,,.',13t1,,, ei,-.1m lted.,•,',Q9....,.:-...- -'• .-:
operational downtime'resUlting:.from• ‘4.0rktaanShiP4:-.Slaerisls.',,-_- •;"•-•-:•., -..-":„-,.-- -
- , , . - • -.. ...- .-: .-....... . , .- .. ..-,.„. ,:.... •••-. and design. • , , - .:,•,•-,- •,.,••., , :.,„, -. .. .. ,, ,,, , , ,. ,,, ., .., . , ., ,
At. the end•:;:of--•.the:alk-MO six -trial period, the City shall,
, . ... .
- • • . . .....
(c)by
written.:1.;tiotice'.-to -.ROCk, w 711,, „ either,- accept.„'or•:•tyrejnieacy„,_-2., -,1•,- .,,, - ,,.,, „_,,:, :„, ,,,,,,,,,,,
the':SYstem.: - :The.'Only:..groUnds UPon, --WhiCti',.•"he C1 ..
etheS
.-.:ireic.... , , ti:cetemei•Sobiaiyl.,1,,,'pbe-,•-C i..th,.,.er•-(i)':t.,,he--::1....1....69:e9••‘‘():::::t:.....:....,..'1,,.,1,..,:..,....,.,",,,.,',,,.,.,, -.,,-.:,•.:-..".,.- .,
SYStem-"-„tp•:s ass the tests th'"in -.No,ckw71-,,,,,-,
Document No .:•T79720§/7c-()i • 0toizt, .,Ap.r."12--..i..,. . -,., , -,- •-,-..-• ,-:,....:., , .,,,....
modified and amended by, Rockwell.Docuz:7nt :,.1k1oi.,,•,T:94-5 6.,,.S/
MiM,,,-",,,,,..:.,,,,,•,,,..,-..,,,.,,.,.-,:-,-.-c..,•_,,,,,,..-
' I-CL,"date4.'April 25 ,:.1.979•,' • which .documents are attached
hereto .ai- Part, ".herCof by:'„r7fer7nce.,_an,'..r:are•:'..h,r7,,,.77,,,- , •_ ..,,,,,,,,_ ,,,.. ;
iter","called.i.the-:"iiCCeptance-.T._,est 13la,n:!••'or-. (ii).•"--exCassi,
e
0Pra.t*OS41-•:40:314111-tne',"9f'"-t!1 §Y.seat•407iai--"Sai4-:t7"al;•;;e,,7:foci,,,,,..,:,_,:,--,,.,.,,
.. ..,..,, .......- .,,-..., .:. . ,. , ... - •- - . ..,,,-• , .. , .-.. ,-• ...... .
• The:terati.".'Operationat-,DoWntime ,.-shall.;-•7000frf'.tti4t-,,period
.,..,,,,,,,,,,,,:•,,, ,,
'' -' ' ' - • "- "•', • - -- - ,- -. - •.- -.'• - -,--, - , „ , . r::,..„
. .. - .. - - -. - • - - •-• ---• • • . .... . ..... , . „........., --, -..-,.„•,-.,..,.-..,--...., .,-,..,. , . • .
timeH during the System' s" -achedul'ed,-..-,,Periodi,,of use and
- .' '''''''''':"'i:.: '-' ''''''''''';'"' ' '''''''''''•:'''''''''. ''' '''''': ' . . '; ' . : '::: ''' ' ':: : ::::' '''. '' ' ' ' .. .1::'-11::: ''' ' ; '''''''''''1.1:::::' 't :: . ' ' . s-ri C--) C:
... . .................,, ..... . ... .........................,......,.......„.... ...........:.:..........,..... .
whiCh-the,"SYsfetvis ,inCaPabXer-.- of-- operating-,fOt.--_,ts.intended 0 C) —0
, , ... ,..
, • • - , - - - --- '-- - - . -•„ ' •, • - •-"--'' -" ' • ' - r-- C:: -cj
•, . .• .. . . .r.... . .• _
purpose due.- to defects inworkmanship,.,,--.Material. or: design, but
•,....,-.• .„.„, ,•,,,..-- - •••.,-,„.•,:,--_-,,,,•.•,.•••••.-„., . --,•-, , .
,, ... _. , ,...,:. , .,,,.:,,,,., ....,,,•,,,,,.......,„„ :,,,,,.,,,,•,..,•••••• ...••...,,,,,..--,-,:••.„.-•• :•• .'-2 • • • C7) .....:.
..„.... ,..,,,._.,,,,,......,... ., , .....,,,,..,,, •„ ...•.,.: -..:•,• : .•.,•. •
shall not i4aludadOwnti.me for .regiilarlY'iCheduled maintenance. ,...,...-- t ri --23
•.-..... ,,..-:,_ ....,_ I
The term 'E)cc4sille Operational Downtime' shall mean the cumu-
lative operational downtime .of the System in excess o f 288 hours Ti
during rthe full trial perlod.
(d) Upon rejection, the City
shall provide Rockwell with an itemized
. . list of its' reasons therefor. The ciy Tily! upor1 rejection,.,:, , .,
treat Rockwell. as being in default ' of its, obligations
,7nd, ter-
minate . tile Agreement 'pursuant to Sec7 Of -this Agr eca, ent...cr
the City may take such other action, within the .i.i71.ts • c:•-this,,:,
Agreement, as it deems necessary to,protect ita interests
None, of the provisions of this Section, or the City,s, actions.
pursuant thereto - shall be Construed to constitute a waiver of
the City's right to terminate this Agreement at any time pursuant
-4-
rN\
to Section 7 of, the original Agreement.
(e) .Upon the City's fOrmal rejection of the System in writing
at the end of
return to the
the aforementioned trial
r paidR-okwell by
period,
City all mull
ies therefor
shall, within 30 days after said rejection, thRoeckcwiell,
City,.
to to u
the Citythat wasapplied
including liquidated am
diti°nal 'matcher,
amount of Thirty -tWo
be entitled to enter,
Thousand to
the
($32,000)
of an ad
dollars, owing
the r--tem'il°-
the purchaseand remove °Y e City
claims the forgoes any posse thereof
f the City
andRockwell and the City
twithstandiag
the P remises e against
City may have possessory lien it may
surrenders
have,f the.Systemd as an
ityes surrender -
expressly said System or_ m __
time against acceptance or .neY
"The C ot act asinterests
any part at that and a
_ id shall n against the
th=retofore pa ,
adm-Ls f liability of .1_ to the
4 s iOn 0 or be construe
ofs
the City. tr d as an admission
. return 111°11'
or an admission
Rockwell a r
liabilityor
City shall
as or be construed
of
an admission against
mirni—)
not act
.%./ )
for the -°- u
• 'list the in
f ii wing:
terests•of Rockwell."
r-- C --E7
(f) The City's acceptan he System shall be final0 (......) ...0 and 1,....
r- ....7,, 0 ..
con-
clusive except
. Lafaithnegligence.
ns of t
Fraud or bad gross negl , provisie
Gross mistakesCity under ns of
ckwel.l.
art of.Rockwell. -7.2, z .......;
Fra or the warrantY
defects. he p Latent on t he,.
4‘.•
......„
iiii......0 rri .7
of3. the vial.°
Rightsd intena
t, an
nee pro
Agreement. 1 pas
Ag the City upon the
of
reemen under city
System•
n in
the 6 shall pass
the Ma v
3.°' - 24 months after
operational kle by --
i 1 above.
M al m l
formal
Milestone
5. Rights 'the C with '
acceptance accordance ement. s to e
the thereof Rockwell
City only subsection
) Title to
acc1 above,
wil Printrak equ customers,l impr° ems..
(g writtenne x_'ments
I make - iPmeet nlc provided vementa
a period of
available ve ._ or those
ila.le toh have been
Rockwell is
w
4. City,
,,, the.___ ll is "itch
"s erati.
made g
For without charge,
equit
a any available ed to make
Rockwell
to
available and
to 250S Printrak operationa ., trek Systems,
Rockwell
to functional Is 250Siioable 250s Pr411
the City•
nal in not required
prove
are not operationalth"P other
-5-
79-575
For -a period of 36 months after Milestone X-31 above;•
Rockwell•
will make available to the City, without charge, all operational improvements
which have been made generally available by
to 250S Printrak software•
Rockwell toRockwell's 250S Printrak cUstomers,'provided Rockwell is not
required to make avaiable to the City inapplicable operational improvements
or those which are not operational and functional in.•other 250S
Systems'.
Printrak
(January._
Rockwell will provide the City with semi-annual reports
and July of each year for three years) as to`' -all developmental .improvements
to the 250S Automatic Fingerpring Identification System (Hardware and' Software
6.. Rockwell will provide the City with semi-annual reports -(January.
and July of each year for three years after the effective date of this
Amendment) as to • all such operational improvements to the hardware or.
software or..both which-` have, become operational and functional in: the
250S Automatic. Fingerprint Identification System or which appear to have.
reasonable probability
of becoming operational in the 250S'Automatic.
Fingerprint'Identification.System;within one
report.:"
year. from' the date of each
f the Agreement is amended by deleting the words "con
tract as set forth in: Sections 2'and 4 of. the 'Request. for Proposal"'in
the first sentence thereof and substituting therefor the words "agreement
as herein amended including -the Contract Documents and the Acceptance
Test Plan."
8. Section of the Agreement is hereby. deleted in its entiretyl"Ps Q
the following is substituted :therefor: (3) C.:
�~
"If Rockwell shall. fail to maintain the schedule set forth (:)
in Section 2.as herein amended,, -the City shall be entitled to �.�.�
any remedies available to it bylaw except as set forth tothe
and
. Section
contrary in: Subsection 3(e) of this Agreement, as, herein amended.
This paragraph shall not be constured'to be a waiver of. the
City's right to terminate this Agreement as herein, amended,
at any time under_. the Provisions of Section 7 of the original
Agreement."'
or and in consideration of the foregoing, the City hereby ex
pressly releases, forgoes and discharges any rights and remedies it has,
or may have, against Rockwell resulting from or arising out of Rockwell's
-6-
79-575
inability to deliver a System resu , Ing from or arising out of Noy:kwe ► s
inability to mew" the schedule set 'orth in thersiginal Agreement,
except for grounds delineated in sub -section 3(f), but nothing in this
paragraph shall act to release, forego or discharge the rights and remedies
of the City for itockwell's failure or inability to perform its obligations
in accordance with the Agreement as herein amended4
sha11 remain in fu11':force and effect
10. The original Agreement
except to "rite extent herein modified or amended..
The herein amendment is subject tow`revieand approval".: by the,
City Commission of the, City o
said
approval.
default" on any of the
damages "revert back, to the original contract dated June
Miami, and shall become effective upon
12. The laws of the State of Florida shall govern tliis Agreement.
13. Both parties agree that in the event Rockwell is in
:he City's
rights t
23, 1977.
ATTEST:
City Clerk`
ATTEST:.
PREPARED AND APPROVED BY,:
covenants contained herein,
TERRY V. 11.1tCY
ASSISTANT CITY ATTORNEY
then,
CtT,Y of ;MIAMI,' a municipal corporation
of the State of Fiorida
By:
City . Manager
ROCKWELL INTERNA'riotini, CORPORATION
By:
APPROVED AS TO FORM AND CORRECTNESS:
GEORGE F. KNUX, JR.
CITY ATTORNEY
IN WITNESS WHEREOF parties hereto have caused this 'Agreement
to be executed by their respective proper. officials duly authorized
thereunto,the day and year first written above.
7 9 - 5 7 5