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Home My WebLink AboutC03-280 Identix Incorporated1 MAINTENANCE AGREEMENT ADDENDUM Your Client ID# is: Al O27 You will need this number to place a service call. EQUIPMENT LOCATION Eagle County Airport 0219 Eldon Wilson Road Gypsum, CO 91637 System Maintenance Pricing: Model TPFC-DTMCRT Total (per month) System Includes• Model L103 L105-O1 DNL-AAAE 2130-TPFCDTM Description TP,FC Transportable with Monitor Description Qty TP,Card Application, SW 1 WSQ SW, Direct NIST, Xmit 1 Linux TPFC AAAE 1 Desktop, Serial Modem 1 PERIOD OF COVERAGE: * 9 hours a day, 5 days a week, except nationally observed holidays EFFECTIVE DATE: July 1, 2003 through June 30, 2004 9/5~ Q yt Cost/Mo. 1 $305.00 $305.00 COST: Please choose coverage: ^ 9/5 cost = $305.00 per month or $3,550.00 annually (includes 3% prepayment discount). Please check type of preferred billing: ^ Monthly invoice or ^ Pre-paid annual invoice IDENTIX INCORPORATED 5600 Rowland Road Minnetonka, MN 55343-4315 Attn: Contracts Administration BY: NAME: Mindi Blackburn TITLE: Contracts Administrator DATE: July 24, 2003 EAGLE COUNTY GOVERNMENT - COEAGLE Billing Address: PO Box 850 Eagle, CO 81631 P.O. #: BY: ,,,~. NAME: ` C~ 1-~1 ~ .~ I~ TITLE: ~Xn ra"t Uz-Wt w rJ PI~-~ Tl,~-1 DATE: CT ~ ~~ ~O ~ If your agency requires a Purchase Order, please attach or include the P.O.#. >f neither is given, we will invoice from the signed addendum. ~. ` Ide~x Maintenance c 1. Support. In consideration of Customer's timely payment of Annual Maintenance Fees for the applicable service level, Identix shall provide the following Services to Customer: All Levels • Unlimited telephone technical support for System hardware and software from the Identix TouchCareTM Support Center (24 hours/7 days per week) via our toll free number. • TouchCareT"I Support Center Managed problem escalation, as required, to Identix technical Support staff to resolve unique problems. This does not include support for Customer provided communication networks. 24/7 Coverage • Telephone response to service calls will be made within one (1) hour from the time the service call was received and Help Desk Support will attempt issue resolution prior to Field Service Engineer dispatch. • On site m aintenance coverage seven days, 24 hours (including Holidays). On site response by an Identix Field Service Engineer will occur within four (4) hours of Field Service Engineer dispatch in a 100 mile radius of an authorized Identix service location. (24 hours for remote customers), all on a "best efforts" basis. 9/5 Coverage • Telephone response to service calls will be made within four (4) hours from the time the service call was received and Help Desk Support will attempt issue resolution prior to Field Service Engineer dispatch. • On site maintenance coverage during weekdays (holidays excluded) during normal business hours (8:00 A.M. to 5:00 P.M. M-F). On site response by an Identix Field Service Engineer will occur within eight (8) working hours in a 100 mile radius of an authorized Identix service location. (24 hours for remote customers), all on a "best efforts"' basis during normal working hours. After hour visits will be billed on a time and material basis. Support provided on a "best effort"` basis within 48 hours of a call for service. Helpdesk Coverage • Telephone response to service calls will be made within four (4) hours from the time the service call was received and Help Desk Support will attempt issue resolution. • If required, customer site visit by an Identix Field Service Engineer will be provided at current time and travel rate. Support provided on a "best efforts"' basis within 48 hours of a call for service. ` Best Effort" basis provides reasonable response subject to delays, such as extreme traffic conditions, acts of God, weather, air travel postponements and other delays that may occur that are out of the control of the responding agent. 2. Parts. Identix will furnish all parts, boards, and components necessary for the service and maintenance of equipment covered by this agreement. Defective parts replaced by Identix during the performance of maintenance shall become the property of Identix. Consumable parts (i.e., platens, toner cartridges, charge rollers, etc.) will be replaced at the customer expense and are not included in this agreement. 3. Access to Equipment. Identix Field Service Engineer will be provided with full and free access to the equipment and a safe environment in which to work. 4. Maintenance Service. Maintenance services covered by this agreement do not include maintenance, repair, or replacement of damaged parts resulting from the client's movement of equipment, environmental conditions, acts of God, accident, n eglect, o perator o r o ther misuse, o r n egligence. U pon r equest, I dentix may a gree t o p erform s uch a xcluded services in accordance with its current rates for time, travel, mileage, expenses and replacement materials. Other services outside the scope of work as defined above require a purchase order before commencing work per Identix Maintenance Agreement Terms and Conditions Section II (B). 5. Printer Coverage: Identix will provide maintenance services for system printers covered by an ongoing, contiguous Maintenance Agreement. System printers not on a current maintenance contract (expired over 30 days) may be denied current or future coverage due to lack of repair parts or end-of--life determination by the manufacturer. Identix Maintenance Scope of Work Version 4.0 11/11!02 _, L t GENERAL SCOPE OF COVERAGE Subject to payment of the Annual Maintenance Fees set forth in the written Identbc Incorporated (°Identix~ Maintenance Agreement Quotation to customer (°Customer7, Idendx, or its authorized agents or subcontractors, shall provide the system (°System7 maintenance services (°Services~ set fords herein (this °Agreement7 and in the written Identoc Maintenance Scope of Work (°Scope of Work) attached hereto. The Maintenance Agreement Quotation and Scope of Work are hereby incorporated into this Agreement by this reference. EXCEPTION TO COVERAGE A. Damage to the System or ifs parts arising out of misuse, abuce, negligence, attachment of unauthomed components (Including software), or accessories or parts, use of sub-standard supplies, or other causes beyond Identoc' control are not covered and may subject Customer to a surcharge or to cancellation of this Agreement In addition, Identix may terminate this Agreement in the event the System is modified, damaged, altered, moved or serviced by personnel other than those employedlcontracted by Identbt, or if parts, accessories, or components not authorized by Idendx are fitted to the System. B. Out of scope services as defined on the accompanying Scope of Work requ'ues a purchase order prior to commencement of work Identbc has no obtigadon to perform out of scope services without a purchase order a~pted by Idendx. Notwithstanding the foregoing, as a courtesy fA arstomer, Identix may proceed without a purchase order upon signature of Idendx' Purchase Order Waiver Form (example attached) which wifi obligate customer for payment in full of services rendered. C. Any equipment not registered under this Agreement at time of purchase will be required to have apre-maintenance inspection before it will be accepted under th~ Agreement Th(s inspection will also be required if the current Agreement has expired by more than thirty (30) days. Thb ins~ction will be baled at the rate of $800 per system plus travel expenses and parts (d any required). D. Any unauthoriz~i modficetion of the System by the Customer will void the tem~a of this Agreement with no rebate. SERVICE CALLS Service cabs under this Agreement wifi be made at the installat~n address identified in the Maintenance Agreement Quotation or as otherwise agreed to in wrting. Identix service personnel (or those contracted by Identix) will not handle, disconnect, or repair unauthorized attachments or components. In addtion to service calls made at the installation address, the Customer may request technicel support from the Toud~cereTM SupportCenterby calling 1-888-HELP-IDX or 1-800-932-0889. IV. REPAIR AND REPLACEMENT OF PARTS Ati park necessary to the operation of the System, with the exception of the parts listed in Section II (C) above, and subject to the general scope of coverage, will be fumiished free of duirge during a service call included in the maintenance service provided by this Agreement All parts will be famished on an exchange basis and will be new standard parts or parts of equal quality. Ati parts removed for replacement become the properly of Identix. V. TERM AND TERMINATION This Agreement shall becenre effective upon receipt by Identix of the Annual Maintenance Fee provided on the Maintenance A reemen notation doarmant and shall continue for one (1) full year from the date of receipt, installation or previous expiration date, whichever is applicable. The Agreement shall be automaticelly renewed for successive similar periods subject to the receipt by Identix of the Annual Maintenance renewal authorization in effect at the time of renewal, provided that the Customer is not in default and provided that the System has not reached its °end of I'rfe° for support as deskjnated by Identix. In addition to any other rights under this Agreement, either party may terminate this Agreement at any time by giving thirty (30) days prior written notice to the other party, and the unused portion of the maintenance will be refunded (except as otherwise noted). VI. CHARGES The initial fee for Services under this Agreement shall be the amount set forth as the Annual Maintenance Fee in the Maintenance Agreement Quotation. The Annual Maintenance Fee with respect to arty renewal term will be Idendx aurent rates in effect at the time of renewal. Customer agrees UD pay the tonal of all charges for Services annually in advance within thirty (30) days of the date of Identix' invoice for such charges. Customer understands that alterations, attachments, specification changes, or use of sub-standard supplies that cause excessive service tails, may require an increase in Service fees or a termination of this Agreement at the electlon of Identix, and Customer agrees to pay such charges promptly when due. VII. BREACH OR DEFAULT If Customer does not promptly pay drarges for Services ar parts as provided hereunderwhen due: A. Identbc may refuse to service the System; and B. Identlx may provide service at current °non contracflper calf rates on a COD basis. Customer agrees to pay Idenbx' cos13 and expenses of collection inducting the maximum attorneys' fee permitted by law (said fee not to exceed 25% of the amount due hereunder). Idendx equipment is designed to give excellent performance when used and maintained in a proper manner. If the Customer abuses the System in such a way as to cause abnormally frequent service calls or service problems, then Identbr may, at its option, assess a surcharge or terminate this Agr~ment In this event, the Customer will, at the option of Identix, he offered service on a °per ced° basis at the then cxlrrent retes. VIII. LIMITED WARRANTY 1 DISCLAIMER 1 LIMITATION OF LlABWTY Idendx shall provide the Services hereunder in a professional and workmanlike manner by duly qualified personnel. EXCEPT FOR THS LIMITED WARRANTY, IDENTIX HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED T0, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN REGARD TO THE SERVICES, SOFTWARE, AND ANY OTHER GOODS PROVIDED HEREUNDER. IN NO EVENT SHALL IDENTIX' AGGREGATE LIABILITY TO CUSTOMER ARISING OUT OF, OR RELATED T0, THIS AGREEMENT, UNDER ANY CAUSE OF ACTION OR THEORY OF RECOVERY, EXCEED THE TOTAL NET PROCEEDS FOR THE SERVICES ACTUALLY' PAID BY CUSTOMER TO IDENTIX IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE CUSTOMER'S CAUSE OF ACTION AROSE. IN NO EVENT SHALL IDENTIX BE LIABLE TO CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED T0, LOST PROFITS OR REVENUE, LOSS OF DATA, LOSS OF USE OF THE SYSTEM, AND COSTS OF RECREATING LOST DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION, REGARDLESS OF FORM, MAY BE BROUGHT BY CUSTOMER MORE THAN TWO (2) YEARS AFTER THE DATE THE CAUSE OF ACTION AROSE. IX. LINKED LICENSE TO SOFTWARE PATCHES AND UPGRADES. If Customer L~ entlded to receive ~ituuare patches or upgrades under the tamrs of this Agreement ('Software7, the Customer shall have a limited, non-exclusive, non-transferable, non-sublicensable right to use the machine readable format of the Sotlware internally for the sole purpose of providing maintenance support and testing on products andlor systems purchased by the Customer from Identbc Nothing in this Agreement shall be deemed to grant to Customer any right or authority, by dcense, impficetion, estoppel or otherwise, to (and Customer agrees that d shall not) directly or indirectly modify, manufacture, copy, license, sublicense, sell or otherwise distribute the Software (or any pordan thereof), or otherwise commercially exploit the Software in any way whatsoever. Customer covenants and agrees that it shall not, directly or indirectly, create derivative works from the Software or reverse engineer, disassemble andlor decomple all or any portion of the Software. MISCELLANEOUS This Agreement shall be governed by and construed according to the laws of the State of Colorado, excluding ds conflict of laws provisions. This Agreement constitutes the entire agreement between the parties and may not be rwdfied except in writing signed by duly authorfzed officers of Identur and the Customer This Agreement may not be assigned by the Customer to a third party without the pdorwritten consent of Idendx. Identix Maintenance Terms and Conditions ver 3.0 November 11, 2002 r _9 XI. BUDGETIAPPROPRIATIONS Notwithstanding anything to the contrary contained in this Agreement, Eagle County shall have no obligations under this Agreement, nor shall any payment be made to Contractor in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Gov9nment Budget Law (C.R.S. §29-1-101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). Identix Maintenance Terms and Conditions ver 3.0 November 11, 2002