HomeMy WebLinkAboutContract 52005 CITY SECRETARY
'4�CE/VES CONTRACT NO.
O MAR 6 2019
IllyPENOFr
INKCSS CR TVIOR48YrH QUOTE
5944 VanDervoort Drive I Lincoln, NE 68516 011,110-07560-WML6
402.421.8857 phone 1402.421.9287 fax
Date: 9/6/2018
Revision: 1
BILL TO: SHIP TO:
David Callahan David Callahan
Fort Worth Police Department Fort Worth Police Department
505 W.Felix St 505 W.Falb(St
Fort Worth TX 76115 Fort Worth TX 76115
■ EXPIRATION DATE C U S TO M Eirxrt-dcwffv;�'; i?
John Sporner 12/5/2018 Fort Worth Police Department
SHIPPING METHOD
N/A WA Net 30
41 `
1 1 PLX ADVANCED+LIVE COLLECTION TRAINING $13,900.00 $13,900.00
PLX 101 Basic Class(2-Day)plus Monitoring(1/2 day)w/or w/o Laptops:10 Person-Hosted-Closed
1 1 INSTALLATION(4 Days) $12,000.00 $12,000.00
A qualHfed engineer will be on-site for 4 days to ensure proper system function,respond to questions,provide informal training and assist customer to
ensure a successful deployment
�.v •`� i___ $25,900.00
• ($1,390.00)
Fort Worth PD agrees to supply all the following hardware items,
which are required for a PLX intercept system. $O.oa
1. PLX Database Wo rou Server-See PLX Hardware& $24,510.00
Operating System Requirements Document
2.Collections Server
3.4 port Dialogic Card
4.Cisco 5506 25 Tunnel ASA
4.Network Switch
5.Network Attached Storage(NAS)
OFFICIAL.RECORD
CITY SECRETARY
FT. WORTH,TX
Pen-Link,Ltd is a U.S.-Based Small Business DUNS: 195956636/TIN:47-0707585/CAGE:OK6H9
Tnia document contains confidential and proprietary Information and is the copyrighted property of Pen-Link,Ltd.Distribution of this document within the
receiving agency or company is permitted,but only to such personnel as may be required to meet the goals of the project for which this document was
provided.Recipients of this document may not reproduce it.in part or in whole,In any form,or convey its contents to external agencies by any means,
without the express written consent of Pen-Link,Ltd.This document may not be distributed,in part or in whole,in any form,to any commercial,non-
government entity. 1
Pa9'e:
PENLOINK
QUOTE
SupportPon-Link, Ltd,Maintenance and
The following terms and definitions apply throughout this document.
1.1. Pen-Link Software.Pert-Link Software is software developed and manufactured by Pen-Link,Ltd.
1.2 Pen-Link Customer(also"Customer").A Pen-Uric Customer,or Cusiomer,is any agency or other entity that has one or more current,
valid Licenses for Pen-Unk Software purchased from or through Pen-Unk,Ltd.
1.3. Basic Technical Support Package.Entitles our customers to normal business hours telephone support at Pan-Lurk,Ltd.'s published
number and/or assistance via e-mail.
1.4. Standard Maintenance and Support.Standard Maintenance is a Maintenance option that includes Software Updates,Software
Upgrades,and Basic Technical Support as defined herein.
1.5. Premium Maintenance and Support Premium Maintenance is a Maintenance option that Includes Software Updates,Software
Upgrades.and Premium Technical Support as defined herein.
1.13. Software Update.A Software Update is an enhanoement—kndudiing additkons,changes,and bug fixes--to Pen-Link Software that is
already in the applicable commercial market Software Updates occur within the some major version number of an existing software product.
For example,replacing Pen-Unk vS.1.29A with Pen-Link v8.1.30.0 would constitute a Software Update.Such an update to often refe►Ted to as a
Tlew Build'of the Pen-Link Software.
1.7. Software Upgrade.A Software Upgrade Is the replacement of an older major version of an existing Pen-Link Software product or
products,with a newer major version of a Pen-Link Software product or products,to the extent required to maintain the same operational
functionality that was supported by the Pen-Unk Software prior to the upgrade.For example,upgrading from Pen-Unk Version 7 to Pert-Unk
Version 8(where 8 Is the newer major version)would constitute a Software Upgrade,so lag as the installation of the newer version of the Pon-
Link Software supported at least the some operational functionality that the Customer had under Pen-Unk version 7.Upgrades do not apply to
new software products that Pen-Link,Ltd.may release to the commerdal market from time to time in the future.
1.8. Basic Technical Support(also"Basic Support").Basic Technical Support k a Support option that includes telephone-basad Technical
Support for the Pen-Link Software licensed by the Customer. Basic Technical Support also includes assistance via email or other automated
processes such that Pen-Unk,Ltd.may deem fit to offer.Basic Technical Support may be obtained by contacting Pen-Unk,Ltd.via its
published,main telephone number(currently 402-421-8857),its general support email account(supportCNmlink.com),or its World Wide Web
site(wnww.pAnii.cam).Basic Technical Support is avallabie Monday through Friday,from 8:00 AM to 5:00 PM Central time,except for holes.
I.Q. Premium Technical Support(also"Premium Support").Premium Technical Support is a Support option that Includes all of the support
services offered with Basic Technical Support(Section 1.8),plus Emergency After-Hours support for live oorrvnunicetfon interception and
collection operations.Emergency Atter-Hours support services may be ac gassed through methods,Inducing telephone access,that are
provided to the customer at the time of purchase.Emergency After-Hours support services are available Monday through Friday,from 5:01 PM-
7:59 AM Central time and all day Saturday S Sunday,including holidays.
1.10. Maintenance and Support Agreement("Agreema dl.This Maintenance and Support Agreement is the Agreement between Pen-Link,
Ltd.and the Customer regarding the terms and oonditions under which the Maintenance and Support Services described In this document are
purchased and provided.
2.1. Maintenance Is an optional service offered by Pen-Unk Ltd.to augment a purchase of Pen-Link Software. Maintenance may be purchased
by a Pen-Unk Customer along with,or subsequent to,the purchase of Pen-Unk Software.
22. Maintenance is offered only pursuant b a Maintenance and Support Agreement between the Customer and Pen-Link,Ltd.
2.3. Pen-Unk,Ltd.offers two levels of Maintenance that a Customer may purchase:Standard Maintenance and Premium Maintenance,as
defined in Sections 1.4 and 1.5 respectively.
Pen-Link, Ltd is a U.S.-Based Small Business DUNS: 195956636/TIN:47-0707565/CAGE:OK6H9
F
Page: 2
PEN ,' OINK
QUOTE
2.4. Maintenance applies only to software developed and manufactured by Pen-Link,Ltd.Maintenance does not apply to software developed
and manufactured by companies other than Pen-Link,Ltd. Unless otherwise specified in a separate,written agreement between Pen-Link,Ltd.
and the Customer,to which Pen-Unk,Ltd.Is a signatory party,Maintenance does not include updates,upgrades,or bug fixes to,or new
releases of,any third-party software or hardware purchased through Pen-Link.Ltd.or with the assistance of Pen-Link.Ltd.Support for third
party software and hardware products bundled with Pen-Linc,Ltd.licensed Pen-Link Software Is available only according to the third-party
manufacturers support policies.
2.5. All Maintenance deliveries are subject to the terms and conditions of the applicable Erol User License Agreement(EULA')for the Licensed
Software.
3.Tachnir-al Support("Support")__
3.1. Technical Support('Support)is an optional service offered by Pen-Link,Ltd.to support a Customer In the authorized use of licensed Pen-
Link Software.
3.2. Support is offered only pursuant to a Maintenance and Support Agreement between the Customer and Pen-Unk.Ltd.
3.3. Pen-Link Ltd.offers two levels of Technical Support Basic Technical Support and Premium Technical Support,as defined In Sections 1.8
and 1.9 respectively.
3.4, Pen-Uric,Ltd.will make every reasonable attempt to answer a Customers Support questions and address a Cuslorners Support concerns.
However,Support is offered on a good faith,diligent effort basis only,and Pen-Link,Ltd.may not be able to resolve every request for Support
3.5. Technical Support is provided for ongoing,operational use of the licensed Pen-Link Software;Support Is not intended to be a substitute for
training or professional services necessary for the implementation or system redesign of the licensed Pen-Link Software,which are outside the
scope of this agreement Ail such services,including without imilation,training,on-site assistance,consultation,custom programMrig and other
software oustomizaldons,network design,and database and network administration,may be provided pursuant to separate agreements with
and by Pert-Link,Ltd.
3.6. Unless otherwise specified in a separate,written agreement between Pen-Link,Ltd.and the Customer,to which Pen-Unk,Ltd.is a
signatory party,Support Is available only for the current and knmedlatey preceding version of the licensed Pen-Unk Software.Support for a
previous version of Pen-Link Software is provided up to a maximum of eighteen(18)months after the release of the current version of software,
provided that the Customer and Pen-Link Ltd.are parties to a current Maintenance and Support Agreement
3.7. Unless otherwise specified in a separate,written agreement between Pen-Link Ltd.and the Customer,to which Pen-Link Ltd.Is a
signatory party,Support does not Include any of the following:
3.7.1. Support for database products or so-celled'DBMS'or Database Management Systema,including without imitations,setup and
alteration and/or conllgrration of such products,and resolution of errors related directly to such products.
3.7.2. Resolving network,workstation,or other environmental errors not directly related to the licensed Pen-Link Soflwere.
3.7.3. Support for any licensed Pen-.ink Software working on or with any version of any database,Database Management System,
operating system,or other hardware or software product or system that is not specifically Identified as interoperable and compatible
with the specific version of the license Pen-Link Software being used.
3.7.4. Support for any"alpha,* beta'or other preproduction release of any software,including Pen-Link Software.
3.7.5. Support for any changes to Pen-Link Software made outside of the products scope by a customer or by any third party.
3.7.6. Support for any licensed Pen-Link Software that Is used for a purpose,or In a mariner.for which it was not designed.
—iW_am
4.1. Maintenance and Support Agreements are options made available by Pen-Link,Ltd.for a Customer to purchase.
4.2. Maintenance and Support Agreements are offered on an annual basis.
4.3. Unless otherwise specified In a separate,written agreement between Pert-Unk,Ltd.and the Customer,to which Pen-Unk,Ltd.is a
signatory party,Maintenance and Support Agreements will renew automatically at the and of each annual term,provided that the Customer
pays the applicable renewal fees.
Pen-Link,Ltd is a U.S.-Based Small Business DUNS: 195956636/TIN:47-0707585/CAGE:OK6H9
This document contains confidential and proprietary information and is the copyrighted property of Pen-Link,Ltd.Distribution of this document within the
receiving agency or company Is permitted,but only to such personnel as may be required to meet the goals of the project for which this document was
provided.Recipients of this document may not reproduce it.in part or in whole,In any form,or convey its contents to external agencies by any means,
without the express written consent of Pen-Link,Ltd.This document may not be distributed,in part or in whole,in any form,to any commercial,non-
government entity. Page: 3
PENLOINK
QUOTE
4.4. Unless otherwise specified In a separate,written agreement between Pen-Link,Ltd.and the Customer,to which Pen4Jnk,Ltd.is a
signatory party,a Customers Maintenance and Support Agreement Is to be paid at the start of each annual term.
4.5. Payment The Customer will be invoiced prior to any annual Maintenance and Support tens(initial or renewal terms). The Customer
agrees to make payment to Pen-Link,Ltd.no later than thirty(30)days from the date of the invoice,unless otherwise agreed upon In writing.
Unless otherwise instructed,the Customer will make payment direly to Pen-Unk,Ltd.
4.6. Pen-Unk,Ltd.'s obligations hereunder are subject to the Customer's timely payment for Maintenance and Support Failure of the Customer
to pay fees in a timely manner for any term of Maintenance and Support may,at the sole discretion of Pen-Unk,Ltd.,result In the termination or
suspension of Maintenance and Support services.
4.7. Lapses and Reinstatement.If a Customers Ma intenance and Support agreement terminates as a result of expiration or otherwise
pursuant to this Agreement,and the Customer decides b reinstate the Agreement,the Customer will be required to pay the applicable
Maintenance and Support fees for the lapsed period(the time elapsed between the Agreement expiring and subsequently being reinstated),
plus a reinstatement fee equal to 100/6 of the fees for the lapsed period.
4.8. Taxes.The Customer is responsible for payment of all applicable taxes,value added taxes,or other taxes(however designated)related to
the Maintenance and Support of the Uoensed Software.unless otherwise agreed upon and stated In writing.
4.9. This Agreement will automatically terminate for each Licensed Pen-Unk Software product upon termination of the EULA corresponding to
such Penh-Link Software product.
4.10. The Customer may terminate this Agreement for Convenience,but the Customer will not be entitled to a refund of any paid fees In such
an event
4.11. Additional Orders.Orders by the Customer for additional Pen-LInk Software products or additional licenses of Pen-Lkik Software
products will Increase the Customer's Maintenance and Support fees under this Agreement
5.1. Pen-Unk,Ltd.warrants that the Maintenance and Support services provided to the Customer under this Agreement shall be performed
with due care,and in a professional and workmanlike manner.Pen-Link,Ltd.does not otherwise warrant the accuracy or completeness of any
services provided pursuant this Agreement PEN-LINK,LTD.DISCLAIMS ANY AND ALL OTHER WARRANTIES,EXPRESS,IMPLIED OR
OTHERWISE,IN CONNECTION WITH THE SUBJECT OF THIS AGREEMENT.IN NO EVENT,UNDER ANY THEORY OF LAW,SHALL
EITHER PARTY AND/OR ITS AFFILIATES BE LIABLE TO THE OTHER FOR ANY INDIRECT,SPECIAL,INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR LOST PROFITS AND/OR ITS AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.PEN-LINK,LTD.'S
LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE PREPAID AND UNUSED PORTION OF THE CUSTOMER'S
MAINTENANCE AND SUPPORT FEES PAID TO PEN-LINK,LTD.PEN-LINK,LTD SPECIFICALLY DISCLAIMS ALL RESPONSIBILITY FOR
ANY SERVICES PROVIDED BY ANY PARTNER OR ANY OTHER THiRD PARTY.
52. It Is the sole responsibility of the Customer to make and maintain adequate backup copies of software and data.
5.3. In no event will Pen-Unk,Ltd.be responsible for lost data.
6.1. Entire AW"nw rrt.This Agreement constitutes the entire Agreement between the Customer and Pen-Link,Ltd.related to the subject
matter hereof,and additions or modifications shall be binding upon the parties only If the same stud be in writing and duly executed by the
Customer and a duly authorized officer of Pon-Link,Ltd.The Licensed Pen-Unk Software Is licensed under a separate End User License
Agreement(EULA)and professional services,If any,are provided ureter a separate professional services agreement The terms and conditions
of any Customer purchase order are orgy binding on Pen-Unk,Ltd If they are agreed to In writing by an outhortted Pen-Unk.Ltd.officer and in
a document other then the purchase order.
6.2. Waiver.The waiver or failure of either party to exercise in any respect any right shall not be deemed a waiver of any further or future fighL
6.3. Assignment.The Customer may assign this Agreement only in connection with a proper and valid assignment of the corresponding EULA
to the extent permitted there under:provided that the Customer gives written notice of such assignment to Pen-Unk,Ltd.Pen-Unk,Ltd.may
freely assign this Agreement to a purchaser of that portion of Pen-Unci Ltd.'s business to which this Agreement relates,to the surviving
corporation in the event of a merger,and to any affiliate or third-party whom Pen-Link authorizes to provide Maintenance and Support for the
Uoensed Pen-Link Software of the nature contemplated hereby.
Pen-Link, Ltd is a U.S.-Based Small Business DUNS: 195956636/TIN:47-0707585/CAGE:01<61-19
of this document within the
Page: 4
Executed in multiples this thelg—day of Z 20,(!Y-
ACCEPTED AND AGREED:
CITY:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration of
this contract,including ensuring all performance and
By. _ reporting requirements.
.Ne:)Susan Alanis
Ti t City Manager
By: 0i Ig
Date: Name: Steve S&&crt
APPROVAL RECOMMENDED: Title: Assistant Director,IT Solutions
APPROVED AS TO FORM AND LEGALITY:
By:
Name: By:
Title: : Jo B.Strop
4itle-7 Assistant Ci Attorney
ATTEST:
CONTRACT AUTHORIZATION:
M&C: N/A
-�
By: Date Approved:N/A
N e: Maryys OR7. Form 1295 Certification No.:N/A
Title: CityS o� ...............dJ/o�,
CONSULTANT: * .,ti,.
.......
PENLINK, ATTEST: J
BY By-
Name: Patrick Severson Name: 'Do ell
Title: CFO Title: Finance Manager
Date: W18/2019
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH,TX