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HomeMy WebLinkAboutExhibit 1TECHNOLOGIES DETAILED QUOTE QUOTE NUMBER: City of Miami Police Department_SFTWR_1309 REV 4 QUOTE DATE: Thursday, June 14, 2012 QUOTE PREPARED BY: Donnie McFall QUOTE PREPARED FOR: Lazaro Fernandez — 305-579-6606 SHIP TO: City of Miami Police Department 400 North West 2nd Avenue Miami, FL 33128 BILL TO: City of Miami Police Department 400 North West 2nd Avenue Miami, FL 33128 REMIT PAYMENT TO: FORAY TECHNOLOGIES 3911 5th Ave., Suite 300 San Diego, CA 92103 (619)858-1360 (619)858-1366 (Fax) 3911 9th Ave., Suite 300 • San Diego, CA 92103 (619) 858-1360 • (fax) (619) 858-1366 • www.foray.com Quote Prepared for the Miami Police Department 6/14/2012 Page 2 Cost Summary: Purchase Price $40,362.00* * See attached Terms & Conditions for cash purchase 1. Foray ADAMSTM Software Licenses 2 $19,525.00 • ADAMS WebTM Software (Twenty (20) Concurrent User Licenses) $9,950.00 • ADAMS ACE-V Module TM Software (Two (2) Concurrent User Licenses) $3,580.00 • ADAMS Web ServerTM Software (One (1) Server License) $5,995.00 2 Contact your sales representative for terms and cost if interested in a lease option Minimum workstation specifications: • Intel P4CPU with 500MHz or better processor • Flat Panel LCD Display — must support 24 bit color and minimum 1024 x 768 resolution • Card Reader • Minimum 512 MB RAM • Minimum 5 GB Available Hard Drive Space • CD-ROM Writer • Minimum 256 MB High Performance Video Card • 4300 IEEE 1394 Firewire Controller Card • Windows XP with SP2 Quote Prepared for the Miami Police Department 6/14/2012 Page 3 2. On -Site Services 3 $20,837.00 • Complete on -site system software installation • Upgrade applicable drivers • Installation of ACE-V Module Concurrencies • Setup and configuration of workflow for ACE- V Module • Training for ACE-V Module for the entire Latent Finger Print Section • Complete on -site system integration, and testing • One year Level 3 Software Support which includes, Unlimited access to the Foray Technologies' Support Desk, M - F 7:00 AM - 4:00 PM Pacific Time and off -hour support by leaving a message on the on -call support engineers phone (which is listed on our voice mail), excluding statutory and local holidays. • Internet based remote diagnostics • Free ADAMS software updates & upgrades • On -site dispatch if required 3 Foray Technologies will install, configure and train on products purchased directly from Foray and as otherwise outlined in this quotation. If client wishes to have Foray provide services for client -provided products, client must first receive approval from the sales representative prior to accepting this quotation and providing a purchase order. Please be advised that the •purchase of additional components and or cables may be necessary for compatibility; additional components and or cables are provided at client's expense. Foray Technologies does not guarantee the compatibility of client -provided 3`d party devices, components or software. Quote Prepared for the Miami Police Department 6/14/2012 Page 4 Support Options: A. Software Support: Year Two $4,881.00 Year Three $4,881.00 • Unlimited access to the Foray Technologies' Support Desk, M - F 7:00 AM - 4:00 PM Pacific Time and off -hour support by leaving a message on the on -call support engineers phone (which is Listed on our voice mail), excluding statutory and local holidays. • Internet based remote diagnostics • Free ADAMS software updates & upgrades • On -site dispatch if required B. Software PLUS Support: Year Two $9,881.00 Year Three $9,881.00 • Unlimited access to the Foray Technologies' Support Desk, M - F 7:00 AM - 4:00 PM Pacific Time and off -hour support by leaving a message on the on -call support engineers phone (which is listed on our voice mail), excluding statutory and local holidays. • Internet based remote diagnostics • Free ADAMS software updates & upgrades • On -site dispatch if required • 3 Days on -site user familiarization training for up to 3 attendees to be conducted within 6 months from date of renewal (schedules permitting) C. Attendance at Foray User Group Meeting $3,000.00 Attendance for One Attendee at Foray Technologies User Group Meeting, which includes; • Attendance at User Group Meeting • User Familiarization Training • Product Development Updates • Development Input • User presentations • Airfare, Hotel, Transportation (via Shuttle) and Meals Quote Prepared for the Miami Police Department 6/14/2012 Page 5 Terms and Conditions of Proposal • Purchase order number or credit card information must be included on order notification. • Authorized signature must be included as described below. • Prices quoted are U.S. Dollars. • Proposal valid for a term of 180 days from initial date of proposal. Thereafter, all prices are subject to change without notice. The term "Equipment" includes the items listed on the client's signed accepted proposal together with all software, software licenses, supplies and materials incorporated into or added to any of the Equipment by Foray Technologies, Inc. (Foray Technologies) or its vendors, employees, agents or contractors. GENERAL TERMS AND CONDITIONS 1. Payment Terms. Payment of the purchase price is due as follows: Invoices less than $5,000.00, 1% discount Net 10, otherwise Net 30. If invoice exceeds $5,000.00, then the following terms apply. a. 30% due upon receipt of client purchase order b. 30% due on delivery of products (pro -data), c. 40% due on completion of installation date. Project will be placed into production once 1S` partial payment of 50% has been received. Purchaser is responsible for all applicable state and local taxes, including state and use tax if applicable. 2. Purchaser's Authority_ . Purchaser has full power and authority to enter into and perform this Agreement, and the person signing the Agreement on behalf of Purchaser has been properly authorized and empowered to enter into this Agreement on behalf of the Purchaser. 3. Sales Contract. This is a sales contract. Purchaser accepts the goods and materials herein described. This is not a sale on approval or trial. Acceptance is binding on Purchaser, its heirs, successors and assigns. 4. Installation Date. The "Installation Date" is defined as the date Foray Technologies determines the Equipment to be operating satisfactorily which will occur on the last day of training. 5. Title and Risk. Title to products passes from Foray Technologies, Inc to Purchaser upon complete payment of invoice amount. Loss or damage that occurs during shipping by a carrier selected by Foray Technologies is Foray Technologies' responsibility. Loss or damage that occurs during shipping by a carrier selected by Purchaser is Purchaser's responsibility. Title to software is covered in the Software Licensing Agreement. 6. Prepayment. You may at any time prepay the total remaining unpaid installment principal balance at any time, thereby eliminating the obligation to pay future interest or finance charges. Quote Prepared for the Miami Police Department 6/14/2012 Page 6 7. Security Interest. Foray Technologies shall have a purchase money security interest in the Equipment in order to secure payments due under this Agreement, and you will promptly execute any documents Foray Technologies deems reasonably necessary to file and perfect its security interest. If you fail to do so, Foray Technologies may execute the documents on your behalf. Foray Technologies may conspicuously mark the Equipment to identify its security interest and you may not place any conflicting mark on the Equipment or permit the Foray Technologies mark to be removed. For so long as Foray Technologies shall have a security interest in the Equipment, you shall not remove the Equipment from the address of delivery or sell Equipment or any part thereof without Foray Technologies written consent. 8. Breach and Attorneys' Fees. If either party fails to cure a material breach within ten (10) days following a written notice of breach by the other party, the other party may upon written notice either (a) terminate this agreement, or (b) suspend its performance under this Agreement and/or under any related agreement. Additionally, if you breach any of your obligations under this Agreement, Foray Technologies may require immediate payment of the entire unpaid principal balance, plus all other amounts due under this Agreement. If any party seeks the assistance of counsel or commences any legal action to enforce this Agreement, the nondefaulting party shall be entitled to recover its costs and expenses, including attorneys' fees, from the defaulting party with regard to such consultation, legal action and appeal therefrom. 9. Limitation of Liability. In no event shall either party be liable to the other party for any special, indirect, incidental, consequential or punitive damages in any way arising out of or relating to the agreement, whether the claim alleges tortuous conduct, including negligence, or any other legal theory. In all cases, Foray Technologies total liability is limited to the purchase price paid for the Product. 10. Construction: Exclusive Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California and the United States of America, except that body of law concerning conflicts of law. The parties agree that all disputes or other matters pertaining to the enforcement or interpretation of any provision of this Agreement or arising from any other aspect of the vendor/ Distributor relationship created hereby shall be submitted for resolution to the California State Superior Court in San Diego County, California U.S.A., which court and the California State appellate venues thereof shall be the exclusive venues for such matters and the parties hereto consent to the jurisdiction of such courts. 11. Entire Agreement. This Agreement, including the terms and conditions contained on any applicable price list, constitutes the entire agreement as to its subject matter, and supersedes all prior and contemporaneous oral and written agreements as to such subject matter. Furthermore, you hereby understand and acknowledge that Foray Technologies has not made and is not bound by any oral or written representation made by its salespeople, which do not appear in this Agreement. In the event of any inconsistency between the terms and conditions specified in a price list and those otherwise contained in this Agreement, the former shall control. Any terms and conditions on any ordering documents or purchase orders you may issue shall have no force or effect. INSURANCE REQUIREMENTS -PROFESSIONAL SERVICES AGREEMENT I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Adv. Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami included as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1,000,000 General Aggregate Limit $1,000,000 Deductible- not to exceed 10% The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval.