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Exhibit 1
.i MorphoTrak 1250 N. Tustin Ave. Anaheim, CA 92807 Tel: (714) 238-2000 Fax:(714) 237-0050 December 1, 2011 Mr. Rupert Butcher City of Miami Business Management Section 400 NW 21d Avenue Room 405 Miami, FL 33128 RE: Extension to Maintenance and Support Agreement # 001287-000 AFIS Dear Mr. Butcher: By means of this letter, MorphoTrak, Inc. ("MorphoTrak" or "Seller") hereby extends City of Miami maintenance and support agreement as referenced above. Enclosed are two (2) copies of the updated Exhibit A Description of Covered Products, Exhibit B Support Plan, Exhibit C Support Plan Options and Pricing Worksheet and Exhibit D Billable Rates for the period June 1, 2012 through May 31, 2D13. Pursuant to Section 3.2 of the original agreement as referenced above, all terms and conditions shall remain in full force and effect. Please indicate acceptance of this extension by signing the acceptance block below and return one copy to my attention at MorphoTrak, Inc. at 1250 North Tustin Avenue, Anaheim, California 92807 or fax it to my attention at 714-237-0050 on or before May 31, 2012. Failure to return this fully executed letter on or before May 31, 2012 will result in a lapse in maintenance, which will be subject to a 10% recertification and reimplementation fee. If you have any questions or need further clarification, please contact me directly at (714)888-3192 or e- mail andrew.sandoval@morpho.com. Sincerely, aVki@i Andy Sandoval Contracts Administration Manager MorphoTrak, Inc. Accepted by: MORPHOTRAK, INC. CITY OF MIAMI Signed by: Signed by: Printed Name: Walt Scott Printed Name: Title: Title: Senior Director Date: Date: c:„ MorplioTrak, Inc. EXTENSION TO MAINTENANCE AND SUPPORT AGREEMENT # 0012E7-000 AFIS "City" CITY OF MIAMI, a municipal corporation ATTEST: B.y: Priscilla A. Thompson, City Clerk Johnny Martinez, P.E. City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS : Julie Bru City Attorney Calvin Ellis, Director Department of Risk Management Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT NO, Sa# D01287-000 CUSTOMER: City of Miami The following table lists the Products under maintenance coverage: : - m- 4I6d41 ,.:. 3 ' .,,..��:7VIcn; `- ._-._ 'iVlonlhlyi; _ its .; Omnitrak MIPDLS01 05/01/12 - 5/31/13 12 $ 1,295.70 I $ 15,548.40 Lexmark MIPDCP01 05/01/12 - 5/31/13 12 $ 19.95 $ 239.40 Color MIPDVP01 05/01/12 - 5/31/13 12 $ 11.03 $ 132.30 Omnitrak MIPDLSO2 05/01/12 - 5/31/13 12 $ 1,065.75 $ 12,789.00 Support Total: $ 28,709.10 Less One -Time Only Strategic Discount: $ (1,367.10) Full Term Fee Grand Total: $ 27,342.00 M&SA, Exhibit A Page 1 v9.27.11 MAINTENANCE AND SUPPORT AGREEMENT NO. SA# 001287-ODD Exhibit B SUPPORT PLAN This Support Plan is a Statement of Work that provides a description of the support to be performed. 1. Services Provided. The Services provided are based on the Severity Levels as defined herein. Each Severity Level defines the actions that will be taken by Seller for Response Time, Target Resolution Time, and Resolution Procedure for reported errors. Because of the urgency involved, Response Times for Severity Levels 1 and 2 are based upon voice contact by Customer, as opposed to written contact by facsimile or letter. Resolution Procedures are based upon Seller's procedures for Service as described below. c' y ota not function as a o 2 Critical Failure - Critical process failure occurs Telephone response Resolve within 7 when a crucial element in the System that does not within 3 Standard Standard prohibit continuance of basic operations is not Business Hours of Business Days of functioning and there is usually no suitable work- initial voice initial notification around. Note that this may not be applicable to notification intermittent problems. 3 Non -Critical Failure - Non -Critical part or 'Telephone response Resolve within component failure occurs when a System within 6 Standard 180 days in a component is not functioning, but the System is still Business Hours of Seller -determined useable for its intended purpose, or there is a initial notification Patch or reasonable workaround. Release. 4 Inconvenience - An inconvenience occurs when Telephone response At Seller's System causes a minor disruption in the way tasks within 2 Standard iscretion, may are performed but does not stop workflovd. Business Days of be in a future initial notification Release. 5 Customer request for an enhancement to System Determined by If accepted functionality is the responsibility of Seller's Product Seller's Product Seller's Product Management. Management. Management, release date be provided a fee schedule, when appropriate. by a will with 1.1 Recortino a Problem. Customer shall assign an initial Severity Level for each error reported, either verbally or in writing, based upon the definitions listed above. Because of the urgency involved, Severity Level 1 or 2 problems must be reported verbally to the Seller's call intake center. Seller will notify the Customer if Seller makes any changes in Severity Level (up or down) of any Customer -reported problem. 1 .2 Seller Response. Seller will use best efforts to provide Customer with a resolution within the appropriate Target Resolution Time and in accordance with the assigned Severity Level when Customer allows timely access to the System and Seller diagnostics indicate that a Residual Error is present in the Software. Target Resolution Times may not apply if an error cannot be reproduced on a regular basis on either Seller's or Customer's Systems. Should Customer report an error that Seller cannot reproduce, Seller may enable a detail error capture/logging process to monitor the System. If Seller is unable to correct the reported Residual Error within the specified Target Resolution Time, Seller will escalate its procedure and assign such personnel or designee to correct such Residual Error promptly. Should Seller, in its sole discretion, determine that such Residual Error is not present in its Release, Seller will verify: (a) the Software operates in conformity to the System Specifications, (b) the M&SA, Exhibit B Page 2 v 9.27.11 ) Software is being used in a manner for which it was intended or designed, and (c) the Software is used only with approved hardware or software. The Target Resolution Time shall not commence until such time as the verification procedures are completed. 1.3 Error Correction Status Report. Seller will provide verbal status reports on Severity Level 1 and 2 Residual Errors. Written status reports on outstanding Residual Errors will be provided to System Administrator on a monthly basis. 2. Customer Responsibility. 2.1 Customer is responsible for running any installed ant virus software. 2.2 Operatino System ("OS") Upgrades. Unless otherwise staled herein, Customer is responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer should contact Seller 10 verify that a given OS upgrade is appropriate. 3. Seller Responsibility. 3.1 Anti -virus software. At Customer's request, Seller wit make every reasonable effort to test and verify specific anti -virus, anti -worm, or anti -hacker patches against a replication of Customer's application. Seller will respond to any reported problem as an escalated support call. 3.2 Customer Notifications. Seller shall provide access to (a) Field Changes; (b) Customer Alert Bulletins; and (c) hardware and firmware updates, as released and if applicable. 3.3 Account Reviews. Seller shall provide annual account reviews to include (a) service history of site; (b) downtime analysis; and (o) service trend analysis. 3.4 Remote Installation. At Customer's request, Seller will provide remote installation advice or assistance for Updates. 3.5 Software Release Compatibility. At Customer's request, Seller will provide: (a) current list of compatible hardware operating system releases, if applicable; and (b) a list of Seller's Software Supplemental or Standard Releases. 3.6 On -Site Correction. Unless otherwise stated herein, all suspected Residual Errors will be investigated and corrected from Seller's facilities. Seller shall decide whether on -site correction of any Residual Error is required and will take. appropriate action. 4. Compliance to Local. County. State and/or Federal Mandated Chances. (Applies to Software and interfaces to those Products) Unless otherwise stated herein, compliance to local, county, state and/or federally mandated changes, including but not limited to IBR, UCR, ECARS, NCIC and state interfaces are not par of the covered Services. (The below listed terms are applicable only when the Maintenance and Support Agreement includes Equipment which is shown on the Description of Covered Products, Exhibit A to the Maintenance and Support Agreement) 5. On -site Product Technical Support Services. Seller shall furnish labor and parts required due to normal wear to restore the Equipment to good operating condition. 5.1 Seller Response. Seller will provide telephone and on -site response to Central Site, defined as the Customer's primary data processing facility, and Remote Site, defined as any site outside the Central Site, as shown in Support Plan Options and Pricing Worksheet. 5.2 At Customer's request, Seller shall provide continuous effort to repair a reported problem beyond the PPM. Provided Customer gives Seller access to the Equipment before the end of the PPM, Seller shall extend a two (2) hour grace period beyond PPM at no charge. Following this grace period, any additional on -site labor support shall be invoiced on a time and material basis at Seller's then current rates for professional services. M&SA, Exhibit B Page 3 v 9.27.11 Exhibit C SUPPORT PLAN OPTIONS AND PRICING WORKSHEET Maintenance and Support Agreement # SA# 001287-000 Date December 1, 2011 (REV1) ffective Start June 1, 2012 End May 31, 2013 CUSTOMER: City of Miami Address (1): Business Management Section Address (2): 400 NW 2"0 Avenue Room 405 CITY, STATE, ZIP CODE: Miami, FL 33128 CONTACT NAME: Mr. Rupert Butcher CONTACT TITLE Latent Print Examiner Supervisor TELEPHONE: 305-603-6612 FAX: 305-579-6340 Email: Rupert.Butcher@miami-police.org BILLING AGENCY: City of Miami Address (1): Finance - General Accounting Address (2): 444 SW 2"d Avenue, 6'h Floor CITY, STATE, ZIP CODE: Miami, FL 33130 CONTACT NAME: CONTACT TITLE TELEPHONE: FAX: Email: For support on products below, please contact Customer Support at (B00) 734-6241 or email at cscenter@morphotrak.com. E) AFIS and Omnitrak System ❑ LiveScanw Station ❑ PrintrakT"^ BIS System $ 28,709.10 ID Advantage -Software Support ♦ 8 a.m. - 5 p.m. Monday to Friday PPM • Supplemental Releases • Unlimited Telephone Support a Standard Releases & • Remote Dial -In Analysis ♦ Automatic Call Escalation & Updates • Software Customer Alert Bulletins Updates • Telephone Response: 2 Hour STANDARD SUPPORT TOTAL $ 28,709.10 ® On -Site Hardware Support • 8 a.m. - 5 p.m. Monday -Friday PPM • Defective Paris Replacement • Next day PPM On -site Response ♦ Escalation Support • Hardware Vendor Liaison • Hardware Customer $ Included • Hardware Service Reporting + Product Repair P.leri Bulletins Equipment Inventory Detail Management ® Parts Support • Parts ordered & Shipped Next Business Day ♦ Parts Customer • If customer is providing their own on -site hardware support, the following Customer Orders & Replaces Parts a Telephone $ Included Alert Bulletins applies: Technical Support for Parts Replacement Available ❑ UPLIFTS • $ N/A Increase PPM to • Increase Response Time to $ N/A • SUPPORT OPTIONS TOTAL $ Included as checked 11 r _ "THIRD -ARTY S11PPDRT - „ , . .,.., $ N/A ❑ THIRD PARTY VENDOR NAME: • TERM DATE: • COVERAGE: THIRD PARTY SUPPORT TOTAL $ N/A 11SEIRSCONFERENCE=44©RTWANIERICA I . ;;; -: `ANNUAL , ❑ Users Conference Attendance ($2,950 per Attendee) Year • Registration fee • Roundtrip travel for event • Ground transportation to/from the conference airport to the conference hotel Number Attendees Requested $ N/A • Hotel accommodations Daily meal allowance USERS CONFERENCE TOTAL $ N/A 'OTHER AVAILABLE OPTIONS c _ "NU 11 h...1 - , _ .... °_ ...:'. N/A ❑ LiveScan 3000 Prism Protection $1[,500 unit/year Covers labor and ❑ Other: material fee tor replacement of one (1) prise per year $ $ N/A OTHER AVAILABLE OPTIONS TOTAL $ N/A Prepared by: Andy Sandoval, (714)688-3i32 E-mail: andrew.sandoval@morpho.com SUPPORT TOTAL" $ 28,709.10 LESS ONE-TIME ONLY STRATEGIC DISCOUNT $ (-1,357.10) FULL TERM FEE GRAND TOTAL* $ 27.342.00 'Exclusive of taxes !/ applicable PLEASE PROVIDE A COPY OF YOUR CURRENT TAX EXEMPTION CERTIFICATE (if applicable) M&SA, Exhibit D Page 4 v 9.27.11 Exhibit D CURRENT BILLABLE RATES MAINTENANCE AND SUPPORT AGREEMENT NO. SA# 001287-000 CUSTOMER: City of Miami The following are Seller's current billable rates, subject to an annual change. After 5p, Saturday, Sunday, Seller Holidays 8am•5pm, M-F (local time) After 5p, Saturday, Sunday, Seller Holidays $160 per hour, 2hhours minimum $240 per hour, 2 hours minimum $320 per hour, 2 hours minimum $480 per hour, 2 hours minimum M&SA, Exhibit D Page 5 v 9.27.11