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HomeMy WebLinkAboutExhibit 1Title: Senior Director SAFRAN MorphoTrak 1250 N. Tustin Ave. Anaheim, CA 92807 Tel: (714) 238-2000 Fax:(714) 237-0050 April 2, 2013 Mr. Rupert Butcher City of Miami 400 NW 2"d Ave Room 405 Miami, FL 33128 RE: .. Extension to Maintenance and Support Agreement # 001287-000 — A REV1 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 06/01/2013 through 05/31/2015. 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 04/30/13. Failure to return this fully executed letter on or before 04/30/13 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 714-238-2071 or e-mail rosario.hernandez@mropho.com. Sincerely, Rosario Hernandez Contracts Administration MorphoTrak, Inc. Accepted by: MORPHOTRAK, INC. CITY OF MIAMI Signed by: Signed by: Printed Name: Walt Scott Printed Name: Title: Date: Date: City Signature Page for: Extension to AFIS Maintenance and Support Agreement # 001287-000 — A REV 1 ATTEST: CITY OF MIAMI FLORIDA Todd Hannon City Clerk Johnny Martinez, P.E. City Manager APPROVED AS TO FORM AND CORRECTNESS: APPROVED AS TO INSURANCE REQUIREMENTS: Julie 0. Bru City Attorney Calvin Ellis, Director Risk Management Exhibit A DESCRIPTION OF COVERED PRODUCTS MAINTENANCE AND SUPPORT AGREEMENT NO. 001287-000 CUSTOMER: City of Miami The following table lists the Products under maintenance coverage: First Year 'Agreement Equipment, Node Nam Omnitrak Lexmark Color Omnitrak MIPDLSO1 MIPDCP01 MIPDVP01 MIPDLSO2 erm # Rs-; -;Months ` 1Nonthly fees - , . _s>2013-20 06/01/13 - 5/31/14 06/01/13 - 5/31/14 06/01/13 - 5/31/14 06/01/13 - 5/31/14 12 12 12 12 $ 1,360.49 20.95 11.58 $ 1,119.04 Su • • ort Total First Year A• reement: $ 16,325.82 251.37 138.92 $ 13,428.45 $ 30,144.56 Second Year Agreement Equipment Node Nam Omnitrak Lexmark Color Omnitrak MIPDLSO1 MIPDCP01 MIPDVP01 MIPDLSO2 06/01/14 - 5/31/15 06/01/14 - 5/31/15 06/01/14 - 5/31/15 06/01/14 - 5/31/15 12 12 12 12 $ 1,428.51 21.99 12.16 $ 1,174.99 Su • • ort Total Second Year A. reement : $ 17,142.11 263.94 145.86 $ 14,099.87 $ 31,651.78 ThirdYear Equipment Omnitrak Lexmark Color Omnitrak reement (Optiona ode Nam{ems MIPDLSO1 MIPDCP01 MIPDVP01 MIPDLSO2 erm ;' Months Monthly: fees 2015-201 06/01/15 - 5/31/16 06/01/15 - 5/31/16 06/01/15 - 5/31/16 06/01/15 - 5/31/16 12 12 12 12 $ 1,499.93 23.09 12.76 $ 1,233.74 Su • • ort Total Third Year A• reement: $ 17,999.21 277.14 $ 153.15 $ 14,804.87 $ 33,234.37 M&SA, Exhibit A Page 1 v9.27.11 MAINTENANCE AND SUPPORT AGREEMENT NO. 001287-000 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. SEVERITY �LEVELr��f .b t F`�S Z W f3E N'�E' '.W fl='r , ,DEFINITION , �r f G 1 st 3 P_ ,4a RESPONSETIME �f�o�.�{,, 4 ivi'*, TARGET i SOLUTION SO g 1 rtc 1 Total System Failure - occurs when the System is not functioning and there is no workaround; such as a Central Server is down or when the workflow of an entire agency is not functioning. Telephone response within 1 hour of initial voice notification Resolve within 24 hours of initial notification 2 Critical Failure - Critical process failure occurs when a crucial element in the System that does not prohibit continuance of basic operations is not functioning and there is usually no suitable work- around. Note that this may not be applicable to intermittent problems. Telephone response within 3 Standard Business Hours of initial voice notification Resolve within 7 Standard Business Days of initial notification 3 Non -Critical Failure - Non -Critical part or component failure occurs when a System component is not functioning, but the System is still useable for its intended purpose, or there is a reasonable workaround. Telephone response within 6 Standard Business Hours of initial notification Resolve within 180 days in a Seller -determined Patch or Release. 4 Inconvenience - An inconvenience occurs when System causes a minor disruption in the way tasks are performed but does not stop workflow. Telephone response within 2 Standard Business Days of initial notification At Seller's discretion, may be in a future Release. 5 Customer request for an enhancement to System functionality is the responsibility of Seller's Product Management. Determined by Seller's Product Management. If accepted by Seller's Product Management, a release date will be provided with a fee schedule, when appropriate. 1.1 Reporting 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 anti -virus software. 2.2 Operating System ("OS") Upgrades. Unless otherwise stated herein, Customer is responsible for any OS upgrades to its System. Before installing any OS upgrade, Customer should contact Seller to verify that a given OS upgrade is appropriate. 3. Seller Responsibility. 3.1 Anti -virus software. At Customer's request, Seller will 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 (c) 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 Changes. (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 part 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 # 001287-000 New Term Effective Start 06/01/2013 Date April 2, 2013 End 05/31/2015 CUSTOMER: Address (1): Address (2): CITY, STATE, ZIP CODE: CONTACT NAME: CONTACT TITLE TELEPHONE: FAX: Email: City of Miami Business Management Section 400 NW 2"d Avenue Room 405 Miami, FL 33128 Mr. Rupert Butcher Latent Print Examiner Supervisor 305-603-6612 305-579-6340 R upert.butche r@ mi ami-pol ice.orq BILLING AGENCY: Address (1): Address (2): CITY, STATE, ZIP CODE: CONTACT NAME: CONTACT TITLE TELEPHONE: FAX: Email: City of Miami Business Management Section 400 NW 2nd Avenue Room 405 Miami, FL 33128 For support on products below, please contact Customer Support at (800) 734-6241 or email at cscenter@morphotrak.com. ® AFIS System ❑ LiveScanTM Station ❑ PrintrakTM BIS System STANDARD SUPPORT; : ;.f 1 _ . '. .::. ; -., :, _ -`- :::.; j - ; . . .... -.; ;'ANNUAL FEE :-,2, 4 0 Advantage —Software Support ♦ 8 a.m. — 5 p.m. Monday to Friday PPM • Supplemental Releases & Updates • Software Customer Alert Bulletins • Unlimited Telephone Support ♦ Standard Releases & Updates • Telephone Response: 2 Hour ♦ Remote Dial -In Analysis ♦ Automatic Cali Escalation SUPPORT 6/1/13-5/31/14 $ 30,144.56 SUPPORT6/1/14-5/31/15 $ 31,651.78 (OPTIONAL) SUPPORT 6/1/15-5/31/16 $ 33,234.37 ;::SUPPORT OPTIONS /:: . r.,: + ;.:'::: , ,. , .. .. , ...� R ..a ANNUAL -'FEE ',"` ►Z♦ On -Site Hardware Support $ Included ♦ 8 a.m. — 5 p.m. Monday -Friday PPM ♦ Defective Parts Replacement • Hardware Service Reporting • Next day PPM On -site Response • Escalation Support • Product Repair ♦ Hardware Vendor Liaison • Hardware Customer Alert Bulletins • Equipment Inventory Detail Management ►a Parts Support $ Included ♦ Parts Ordered & Shipped Next Business Day • Parts Customer Alert Bulletins ♦ If customer is providing their own on -site hardware support, the following applies: * Customer Orders & Replaces Parts * Telephone Technical Support for Parts Replacement Available ■ UPLIFTS ♦ Increase PPM to $ N/A ♦ Increase Response Time to $ N/A SUPPORT OPTIONS TOTAL $ Included as checked 'THIRD:PARTY=SUPPORT.::; ,., 1 •- :.: . TT.- , w ." ;' V : _:, .,..` ,' µ.., . ., „ . -' :,ANNUAL FEE Yi ■ THIRD PARTY VENDOR NAME: $ N/A ♦ TERM DATE: ♦ COVERAGE: THIRD PARTY SUPPORT TOTAL $ N/A a'USERS CONFERENCE- NORTH=AMERICA` " . -: =3 s :ANNUAL FEE , :a y L , �; ■ Users Conference Attendance ($2,950 per Attendee) Year Number Attendees Requested $ N/A • Registration fee • Hotel accommodations • Roundtrip travel for event • Daily meal allowance • Ground transportation to/from the conference airport to the conference hotel USERS CONFERENCE TOTAL $ N/A Prepared by: Rosario Hernandez, 714-238-2071, rosario.hernandez@morpho.com SUPPORT TOTAL AGREEMENT TERM 6/1/2013 TO 5/31/2014* $ 30,144.56 SUPPORT TOTAL AGREEMENT TERM 6/1/2014 TO 5/31/2015* $ 31,651.78 (OPTIONAL.) SUPPORT TOTAL AGREEMENT TERM 6/1/2015 TO 5/31/2016* $ 33,234.37 SUPPORT AGREEMENT TO BE INVOICED ANNUALL Y 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. CUSTOMER: City of Miami 001287-000 The following are Seller's current billable rates, subject to an annual change. COVERAGE HOURS 8am-5pm, M-F (local time) After 5p, Saturday, Sunday, Seller Holidays BILLABLE RATES OUTSIDE THE SCOPE OF A CURRENT EXECUTED AGREEMENT) -= ;, :`; r:,7 $160 per hour, 2 hours minimum $240 per hour, 2 hours minimum COVERAGE HOURS`(PPM) 8am-5pm, M-F (local time) After 5p, Saturday, Sunday, Seller Holidays BILLABLE`RATES (WITHOUT,AN AGREEMENT):': $320 per hour, 2 hours minimum $480 per hour, 2 hours minimum M&SA, Exhibit D Page 5 v 9.27.11