Contract re: AZAFIS Mug Photo Interface Subsystem - ImageWare Software Inc. and Arizona State Procurement Office
STATE PROCUREMENT OFFICE
CAPITAL CENTER, SUITE 103
15 SOUTH 15TH AVE
PHOENIX, AZ 85007-3223
IMAGEWARE SOFTWARE INCORPORATED
SUITE 120
15373 INNOVATION DR
SAN DIEGO, CA 92128 -
ATTENTION: JIM MILLER
CONTRACT DOCUMENT ENCLOSED
<PAGE>
------------------------------------------------------------------------------
OFFER AND ACCEPTANCE STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] SOLICITATION NO.: AD980064 5
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare OF Phoenix, AZ 85007-3223
51
------------------------------------------------------------------------------
OFFER
TO THE STATE OF ARIZONA:
The Undersigned hereby offers and agrees to furnish the material, service
or construction in compliance with all terms, conditions, specifications and
amendments in the Solicitation and any written exceptions in the offer.
Signature also certifies Small Business status.
Arizona Transaction (Sales) Privilege For classification of this offer,
Tax License No.: contact:
Name: Jim Miller
--------------------------------------- -------------------------------
Federal Employer Identification No.:
33-0224167 Phone: (619) 673-8600
--------------------------------------- -------------------------------
Fax: (619) 673-1770
-------------------------------
ImageWare Software Incorporated /s/ Jim Miller
--------------------------------------- -------------------------------
Company Name Signature of Person Authorized
to Sign Offer
15373 Innovation Drive, Suite 120 Jim Miller
_______________________________________ _______________________________
Address Printed Name
San Diego, CA 92128 President and CEO
_______________________________________ _______________________________
City State Zip Title
CERTIFICATION
By signature in the Offer section above, the bidder certifies:
1. The submission of the offer did not involve collusion or other
anti-competitive practices.
2. The bidder shall not discriminate against any employee or applicant for
employment in violation of Federal Executive Order 1124 State Executive
Order 75.5 or A.R.S. Section 31-1461 Et. Seq.
3. The bidder has not given, offered to give, nor intends to give at any
time hereafter any economic opportunity, future employment, gift, loan,
gratuity, special discount, trip, favor, or service to a public servant
in connection with the submitted offer. Failure to provide a valid
signature affirming the stipulations required by this clause shall result
in rejection of the offer. Signing the offer with a false statement shall
void the offer, any resulting contract and may be subject to legal
remedies provided by law.
4. The bidder certifies that the above referenced organization __is/__is not
a small business with less than 100 employees or gross revenues of
$4 million or less.
------------------------------------------------------------------------------
ACCEPTANCE OF OFFER
The Offer is hereby accepted.
The Contractor is now bound to sell the materials or services listed by the
attached contract and based upon the solicitation, including terms,
conditions, specifications, amendments, etc., and the Contractor's Offer as
accepted by the State.
This contract shall henceforth be referred to as Contract No. AD980064-001
-----------------
Contractor has been cautioned not to commence any billable work or to provide
any material or service under this contract until Contractor receives purchase
order, contact release document or written notice to proceed.
State of Arizona
Awarded this 14th day of January 19
------ ---------
/s/ Robert Pierson
-------------------------------------------
Procurement Office
Robert Pierson, Administrator ISU
<PAGE>
------------------------------------------------------------------------------
LETTER OF AWARD STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] SOLICITATION NO.: AD980064 3
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
ImageWare Software Incorporated
Suite 120
15373 Innovation Dr
San Diego, CA 92128-
Dear Jim Miller:
Your response to the above referenced solicitation has been
reviewed and accepted.
The award of this contract is contingent on the receipt of a
certified Insurance Certificate showing coverages and
requirements as specified in Special Terms and Conditions,
Insurance, subparagraphs A1, A2, A3, B, C and D, within ten
(10) days after receipt of this letter.
You are cautioned not to commence any billable work or to
provide any material or service under this activity until you
receive a Purchase Order from any using agency. If you have
any questions please contact Wendy Summers at (602) 542-9139.
We look forward to a mutually beneficial contract.
<PAGE>
------------------------------------------------------------------------------
CONTRACT SUMMARY STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 4
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
CONTRACT TITLE: AZAFIS Mug Photo Interface Subsystem
CONTRACT TYPE: Statewide Contract
CONTRACT PERIOD: January 15, 1998 THRU: January 31, 2000
CONTRACTOR NUMBER: 330224167 - 900
CONTRACTOR NAME: ImageWare Software Incorporated
CONTACT NAME: Jim Miller
ADDRESS: Suite 120
15373 Innovation Dr
San Diego, CA 92128
TELEPHONE: (619) 673-8600
FAX NUMBER: (619) 673-1770
CONTRACTING AGENCY: State Procurement Office
CONTACT NAME: Wendy Summers
TELEPHONE: (602) 542-9139
F.O.B. TERMS: FOB Delivered
DELIVERY: 120 Days ARO
PAYMENT TERMS: Net 30
<PAGE>
------------------------------------------------------------------------------
UNIFORM GENERAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 5
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
1. DEFINITION OF TERMS USED IN THESE UNIFORM GENERAL TERMS AND CONDITIONS.
As used in these terms and conditions, the following terms have the
following meaning:
A. "ATTACHMENTS" means all items required of the Offeror as part of the
offer.
B. "DAYS" means calendar days unless otherwise specified.
C. "DIRECTOR" means Director of the Department of Administration.
D. "EXHIBITS" means all items attached to the solicitation.
E. "GRATUITY" means a payment, loan, subscription, advance, deposit of
money, services, or anything or more than nominal value, present or
promised, unless consideration of substantially equal or greater value
is received.
F. "OFFER" means bid, proposal or quotation.
G. "OFFEROR" means a vendor who responds to any type of solicitation.
H. "PROCUREMENT OFFICER" means the person duly authorized to enter into
and administer contracts and make written determinations with respect
to the contract or his or her designee.
I. "SOLICITATION" means an invitation for bids (IFB), a request for
proposals (RFP), or a request for quotation (RFQ).
2. APPLICABLE OFFER.
A. ARIZONA LAW. The law of Arizona applies to this contract including,
where applicable, the Uniform Commercial Code as adopted by the State
of Arizona.
B. ARIZONA PROCUREMENT CODE. The Arizona Procurement Code, Arizona
Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing
rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7, are a
part of this contract as if fully set forth in it.
C. IMPLIED CONTRACT TERMS. Each provision of law and any terms
required by law to be in this contract are a part of this
contract as if fully stated in it.
D. CONTRACT ORDER OF PREFERENCE. In the event of a conflict in the
provisions of the contract, as accepted by the State, the following
shall prevail in the order set forth below:
i) Special Terms and Conditions;
ii) Uniform General Terms and Conditions;
iii) Specifications;
iv) Exhibits;
v) Documents referenced in the solicitation;
vi) Special Instructions to Offerors; and
vii) Uniform Instructions to Offerors.
3. AUTHORITY.
This contract is issued under the authority of the procurement officer
who signed this contract. Changes to this contract, including the addition
of work materials, the revision of payment terms, or the substitution of
work materials, directed by an unauthorized State employee or made
unilaterally by the contractor are violations of the contract and of
applicable law. Such changes, including unauthorized written contract
amendments, shall be void and without effect, and the contractor shall not
be entitled to any claim under this contract based on those changes.
4. CONTRACT INTERPRETATION AND AMENDMENT.
A. NO PAROLE EVIDENCE. This contract is intended by the parties as a
final and complete expression of their agreement. No course of
prior dealings between the parties and no usage of the trade shall
supplement or explain any terms used in this document.
B. NO WAIVER. Either party's failure to insist on strict performance
of any term or condition of the contract shall not be deemed waiver of
that term or condition even if the party accepting or acquiescing in
the nonconforming performance knows of the nature of the performance
and fails to object to it.
<PAGE>
------------------------------------------------------------------------------
UNIFORM GENERAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 6
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
C. WRITTEN CONTRACT AMENDMENTS. The contract shall be modified only
through a written contract amendment within the scope of the contract
signed by the procurement officer on behalf of the State.
D. NO RIGHT TO RELY ON VERBAL RESPONSES. Any inquiry that raises
material issues and results in changes to the solicitation shall be
answered solely through a written solicitation amendment. An offeror
may not rely on verbal responses to its inquiries.
5. RECORDS.
Under A.R.S. [?] 35-214 and 35-215, the contractor shall retain and shall
contractually require each subcontractor to retain all data and other
records ("records") relating to the acquisition and performance of the
contract for a period of five years after the completion of the contract.
All records shall be subject to inspection and audit by the State at
reasonable times. Upon request, the contractor shall produce a legible
copy of any or all such records.
6. SEVERABILITY.
The provisions of this contract are severable. Any term or condition
deemed illegal or invalid shall not affect any other term or condition of
the contract.
7. RELATIONSHIP OF PARTIES.
The contractor under this contract is an independent contractor. Neither
party to this contract shall be deemed to be the employee or agent of the
other party to the contract.
8. ASSIGNMENT AND DELEGATION.
The contractor shall not assign any right nor delegate any duty under
this contract without the prior written approval of the
procurement officer. The State shall not unreasonably withhold approval.
9. GENERAL INDEMNIFICATION.
The contractor shall defend, indemnify and hold harmless the State from
any claim, demand, suit, liability, judgment and expense (including
attorney's fees and other costs of litigation) arising out of or relating
to injury, disease, or death of persons or damage to or loss of property
resulting from or in connection with the negligent performance of this
contract, its agents, employees, and subcontractors or anyone for whom
the contractor may be responsible. The obligations, indemnities and
liabilities assumed by the contractor under this paragraph shall not
extend to any liability caused by the negligence of the State or its
employees. The contractor's liability shall not be limited to any
provisions or limits of insurance set forth in this contract. The State
shall reasonably notify the contractor of any claim for which it may be
liable under this paragraph. Pursuant to A.R.S. 41-621 and 35-154, this
term does not apply to Contracts between State budget units and political
subdivisions.
10. INDEMNIFICATION - PATENT AND COPYRIGHT.
The contractor shall defend, indemnify and hold harmless the State from
against any liability, including costs and expenses, for infringement of
any patent, trademark or copyright arising out of contract performance or
use by the State of materials furnished or work performed under this
contract. The State shall reasonably notify the contractor of any claim
for which it may be liable under this paragraph Pursuant to A.R.S. 41-621
and 35-154, this term does not apply to Contracts between State budget
units and political subdivisions.
11. SUBCONTRACTS.
The contractor shall not enter into any subcontract under this contract
without the advance written approval of the procurement officer. The
subcontract shall incorporate by reference the terms and conditions of
this contract. A list of all proposed subcontractors must be provided
with the offer.
12. COMPLIANCE WITH APPLICABLE LAWS.
The materials and services supplied under this contract shall comply with
all applicable federal, state and local laws, and the contrator shall
maintain all applicable licenses and permits.
13. PAYMENTS.
The contractor shall be paid as specified in the contract. The payment
must comply with the requirements of A.R.S. Title 35.
14. ADVERTISING AND PROMOTION OF CONTRACT.
The contractor shall not advertise or publish information for the
commercial benefit concerning this contract without the prior
written approval of the procurement officer.
<PAGE>
------------------------------------------------------------------------------
UNIFORM GENERAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 7
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
15. PROPERTY OF THE STATE.
Any materials, including reports, computer programs and other deliverables,
created under this contract are the sole property of the State. The
contractor is not entitled to a patent or copyright on those materials and
may not transfer the patent or copyright to anyone else. The contractor
shall not use or release these materials without the prior written consent
of the State.
The licensor who has obtained the rights to distribute the Licensed
Programs(s), owns and retains all title and ownership of any intellectual
property rights to and in the Licensed Program(s), including all
software, firmware, software master diskettes, copies of software, master
Media, documentation and related materials which are acquired, produced
or shipped by the licensor to State under this contract, and, all
modifications to the Licensed Program(s) acquired by the State under this
Contract. The licensor does not transfer any portion of such title or
ownership, or any of the associated goodwill to State, and this Contract
will not be construed to grant State any right or license, whether by
implication, estoppel or otherwise, except as expressly provided.
NOTWITHSTANDING ANY OF THE FOREGOING, STATE SHALL IN NO EVENT DECOMPILE,
REVERSE ENGINEER, REVERSE COMPILE, MODIFY, TRANSLATE, OR CREATE DERIVATIVE
WORKS FROM ANY OF THE LICENSED PROGRAM(S).
16. THIRD PARTY ANTITRUST VIOLATIONS.
The contractor assigns to the State any claim for overcharges resulting
from antitrust violations to the extent that those violations concern
materials or services supplied by third parties to the contractor toward
fulfillment of this contract.
17. RIGHT TO ASSURANCE
If the State in good faith has reason to believe that the contractor does
not intend to, or is unable to perform or continue performing the
contract, the procurement officer may demand in writing that the
contractor give a written assurance of intent or ability to perform. The
demand shall be sent to the contractor by certified mail, return receipt
required. Failure by the contractor to provide written assurance within
the number of days specified in the demand may, at the State's Option, be
the basis for terminating the contract under paragraph 22 of the Uniform
General Terms and Conditions.
18. CANCELLATION FOR CONFLICT OF INTEREST.
The State may cancel this contract without penalty or further obligation
if any person significantly involved in initiating, negotiating,
securing, drafting or creating the contract on behalf of the State is or
becomes at any time while the contract or an extension of the contract is
in effect an employee of or a consultant to any other party to this
contract with respect to the subject matter of the contract. The
cancellation shall be effective when the contractor receives written
notice of the cancellation unless the notice specifies a later time.
19. GRATUITIES.
The State may, by written notice to the contractor, immediately terminate
this contract if the State determines that employment or gratuity was
offered or made by the contractor or a representative of the contractor
to any officer or employee of the State for the purpose of influencing
the outcome of the procurement or securing the contract, an amendment to
the contract, or favorable treatment concerning the contract, including
the making of any determination or decision about contract performance.
The State, in addition to any other rights or remedies, shall be entitled
to recover exemplary damages in the amount of three times the value of
the gratuity offered by the contractor.
20. SUSPENSION OR DEBARMENT.
The State may, by written notice to the contractor, immediately terminate
this contract if the State determines that the contractor has been
disbarred, suspended or otherwise lawfully prohibited from participating
in any public procurement activity, including but not limited to,
being disapproved as a subcontractor of any public procurement unit or
other governmental body.
21. TERMINATION FOR CONVENIENCE.
The State reserves the right to terminate the contract in whole or in
part at anytime for the convenience of the State without penalty or
recourse. The procurement officer shall give written notice by certified
mail, return receipt requested, to the contractor of the termination at
least thirty (30) days before the effective date of the termination.
Upon receipt of the written notice, the contractor shall immediately
notify all subcontractors of the effective date of the termination. In
the event of termination under this paragraph shall documents, data and
reports prepared by the contractor under the contract shall become the
property of and be delivered to the State The contractor shall be
entitled to receive just and equitable compensation for work in progress,
work completed and material accepted before the effective date of the
termination.
<PAGE>
------------------------------------------------------------------------------
UNIFORM GENERAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 8
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
22. TERMINATION FOR DEFAULT.
A. In addition to the rights reserved under Paragraphs 17 through 21
of the Uniform General Terms and Conditions, the State reserves the
right to terminate the contract in whole or in part due to the
failure of the contractor to comply with any term or condition of the
contract, to acquire and maintain all required insurance policies,
bonds, licenses and permits, or to make satisfactory progress in
performing the contract. The procurement officer shall mail written
notice of the termination and reasons for it to the contractor by
certified mail, return receipt requested.
B. Upon termination under this paragraph, all documents, data and
reports prepared by the contractor under the contract shall become the
property of and be delivered to the State on demand.
C. The State may, upon termination of this contract, procure, on
terms and in the manner that it deems appropriate, materials or
services to replace those under this contract. The contractor shall
be liable to the State for any excess costs incurred by the State in
reprocuring the materials or services.
23. RIGHT OF OFFSET.
The State shall be entitled to offset against any sums due the contractor,
any expenses or costs incurred by the State or penalties assessed by the
State concerning the contractor's nonconforming performance or failure to
perform the contract, including expenses, costs and penalties described in
paragraph 17 through 22 of the Uniform General Terms and Conditions.
24. AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR.
Funds may not presently be available for performance under this contract
beyond the current fiscal year. No legal liability on the part of the
State for any payment may arise under this contract beyond the current
fiscal year until funds are made available for performance of this
contract. The State will make reasonable efforts to secure such funds.
25. CONTRACT CLAIMS.
All contract claims and controversies under this contract shall be
resolved according to A.R.S. Title 41, Chapter 23, Article 9, and A.A.C.
R2-7-901 through R2-7-937.
26. NON-EXCLUSIVE REMEDIES.
The rights and the remedies of the State under this contract are not
exclusive.
27. AUDIT.
Pursuant to ARS 35-214, at any time during the term of this contract and
five years thereafter, the contractor's or any subcontractor's books and
records shall be subject to audit by the State and, where applicable, the
Federal Government, to the extent that the books and records relate to the
performance of the contract or subcontract.
28. NON-DISCRIMINATION
The contractor shall comply with State Executive Order No. 75-5 which
mandates that all persons, regardless of race, color, religion, sex, age,
national origin or political affiliation, shall have equal access to
employment opportunities, and all other applicable federal and state laws,
rules and regulations, including the Americans with Disabilities Act. The
contractor shall take affirmative action to ensure that applicants for
employment, employees and persons to whom it provides services are not
discriminated against due to race, creed, color, religion, sex, national
origin or disability.
29. EFFECTIVE DATE.
The effective date of this contract shall be the date that the procurement
officer signs the offer and acceptance form or other official contract
form, unless another date is specifically stated in the contract.
30. FORCE MAJEURE.
A. Except for payment of sums due, neither party shall be liable to
the other nor deemed in default under this contract if and to the
extent that such party's performance of this contract is prevented by
reason of force majeure. The term FORCE MAJEURE means an occurrence
that is beyond the control of the party affected and occurs without
its fault or negligence. Without limiting the foregoing, force
majeure includes acts of God; acts of the public enemy; war; riots;
strikes; mobilization; labor disputes; city disorders; fire; flood;
lockouts; injections-intervention-acts; or failures or refusals to act
by government authority; and other similar occurrences beyond the
control of the party declaring force majeure which such party is
unable to prevent by exercising reasonable diligence. The force
majeure shall be deemed to commence when the party declaring force
majeure notifies the other party of the existence of the force-majeure
and shall be deemed to continue as long as the results or effects of
the force majeure prevent the party from resuming performance in
accordance with this agreement.
<PAGE>
------------------------------------------------------------------------------
UNIFORM GENERAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 9
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
Force Majeure shall not include the following occurrences:
i) Late delivery of equipment or materials caused by congestion at
a manufacturer's plant or elsewhere, or an oversold condition of
the market; or
ii) Late performance by a subcontractor unless the delay arises out
of a force majeure occurrence in accordance with this force majeure
term and condition. Any delay or failure in performance by either
party hereto shall not constitute default here under or give rise
to any claim for damages or loss of anticipated profits if, and to
the extent that such delay or failure is caused by force majeure.
iii) Inability of either the contractor or any subcontractor to
acquire or maintain any required insurance, bonds, licenses
or permits.
B. If either party is delayed at any time in the progress of the work
by force majeure, the delayed party shall notify the other party in
writing of such delay, as soon as is practicable and no later than the
following working day, of the commencement thereof and shall specify
the causes of such delay in such notice. Such notice shall be
delivered or mailed certified-return receipt and shall make a specific
reference to this article, thereby invoking its provisions. The delayed
party shall cause such delay to cease as soon as practicable and
shall notify the other party in writing when it has done so. The time
of completion shall be extended by contract modification for a period
of time equal to the time that results or effects of such delay prevent
the delayed party from performing in accordance with this contract.
<PAGE>
------------------------------------------------------------------------------
UNIFORM GENERAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 10
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
31. APPLICABLE TAXES.
A. APPLICABLE TAXES. The state will pay only the rate and/or amount
of taxes identified in the offer and in any resulting contract.
B. TAX INDEMNIFICATION. Contractor and all subcontractors shall pay
all federal, state and local taxes applicable to its operation and
any persons employed by the Contractor. Contractor shall, and require
all subcontractors to hold the State harmless from any responsibility
for taxes, penalties and interest, if applicable, contributions required
under federal, and/or state and local laws and regulations and any other
costs including transaction privilege taxes, unemployment compensation
insurance, Social Security and Worker's Compensation.
C. IRS W9 FORM. In order to receive payment under any resulting
contract, contractor must have a current I.R.S. W9 Form or file with
the State of Arizona, Department of Administration, General Accounting
Office.
32. RISK OF LOSS.
The contractor shall bear all loss of conforming material covered under
this contract until received by authorized personnel at the location
designated in the purchase order. Mere receipt does not constitute final
acceptance. The risk of loss for nonconforming materials shall remain with
the contractor regardless of receipt.
33. INSPECTION AND TESTING.
The contractor agrees to permit access to its facilities at reasonable
times for inspection of the materials covered under this contract the
contractor's facilities, and the contractor's processes for producing the
materials. The State shall also have the right to test at its own cost
the materials to be supplied under this contract. Neither inspection at
the contractor's facilities nor testing shall constitute final acceptance
of the materials.
34. NONCONFORMING TENDER.
Materials supplied under this contract shall fully comply with the
contract. The delivery of materials or a portion of the materials
in an installment that do not fully comply constitutes a breach of
contract. On delivery of nonconforming materials, the State may
terminate the contract for default under applicable termination clauses
in the contract, exercise any of its rights and remedies under the
Uniform Commercial Code, or pursue any other right or remedy available
to it.
35. WARRANTIES.
A. LIENS. The contractor warrants that the materials supplied under
this contract are free of liens.
B. QUALITY. Unless otherwise modified elsewhere in these terms and
conditions, the contractor warrants that, for one year after acceptance
by the State of the materials, they shall be:
i) of a quality to pass without objection in the trade under the
contract description;
ii) fit for the intended purposes for which the materials are
used;
iii) within the variations permitted by the contract and are of
even kind, quality, and quality within each unit and among
all units;
iv) adequately contained, packaged and marked as the contract may
require; and
v) conform to the written promises or affirmations of fact made
by the contractor.
C. FITNESS. The contractor warrants that any material supplied to the
State shall fully conform to all requirements of the solicitation and
all representations of the contractor, and shall be fit for all purposes
and uses required by the contract.
D. INSPECTION/TESTING. The warranties set forth in subparagraphs A
through C of this paragraph are not affected by inspection testing of
or payment for the materials by the State.
E. EXCLUSIONS. Except as otherwise set forth in this contract, there
are no express or implied warranties or merchant ability or fitness.
<PAGE>
------------------------------------------------------------------------------
SPECIAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 11
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
ELIGIBLE AGENCIES (STATEWIDE)
Any contract resulting from this solicitation shall be for the use of all State
of Arizona departments, agencies and boards. In addition, eligible universities,
political subdivisions and nonprofit educational or public health institutions
may participate at their discretion. In order to participate in any resultant
contract, a university, political subdivision, or nonprofit educational or
public health institution must have entered into a cooperative purchasing
agreement with the State Procurement Office as required by Arizona Revised
Statutes 41-2642.
CONTRACT TYPE (TERM)
Fixed price term indefinite quantity.
DELIVERY
For the initial installation of the seventeen (17) sites throughout the State,
delivery, installation and acceptance testing shall be completed by April 15,
1998.
Capture and/or investigative workstations ordered throughout the term of any
resultant contract shall be completely delivered and installed within thirty
(30) days after receipt of a Contract Release Order/Purchase Order Document.
SHIPPING F.O.B. DELIVERED
Prices shall be F.O.B. destination to the delivery location designated on any
purchase order issued against any resultant contract. Contractor shall retain
title and control of all goods until they are delivered and the contract of
coverage has been completed. All risk of transportation and all related charges
shall be the responsibility of the contractor. All claims for visible or
concealed damage shall be filed by the contractor. The state will notify the
contractor promptly of any damaged goods and shall assist the contractor in
arranging for inspection.
WARRANTY (12 MONTHS)
All equipment supplied under this specification shall be fully guaranteed by
the contractor for a minimum period of 12 months from the date of acceptance by
the state. Any defects of design, workmanship, or materials, that would result
in non-compliance with the contract specification, shall be fully corrected by
the contractor (including parts and labor) without cost to the state. The
written warranty shall be included with the delivered products to the using
entity.
TERM OF CONTRACT (2 YEAR)
The term of any resultant contract shall commence on the first day of the month
following the date of award and shall continue for a period of two (2) years
thereafter, unless terminated, canceled or extended as otherwise provided
herein.
CONTRACT EXTENSION
By mutual written contract amendment, any resultant contract may be extended for
supplemental periods of up to a maximum of thirty-six (36) months.
PRICING
Pricing (Delivered and Installed) All prices shall include delivery, complete
installation and warranty.
For optional and supplemental equipment to be purchased throughout the term of
any resultant contracts, offerors may provide a discount manufacturer's price
list. Offerors shall provide manufacturer's price lists with their offer.
Prices provided for the initial seventeen (17) MPIS sites shall be firm for one
(1) year and agencies purchasing similar configurations shall receive the same
pricing.
PAYMENT
The State will make complete payment of the installation of the initial
seventeen (17) sites within thirty (30) days after acceptance of the system, in
accordance with the Acceptance Testing procedures, by the State Department of
Public Safety.
Payment will be made within thirty (30) days of the successful installation of
any capture or investigative workstation purchased throughout the term of any
resultant contract by an eligible agency.
<PAGE>
------------------------------------------------------------------------------
SPECIAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 12
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
MANUFACTURER'S REPRESENTATIVE
Dealers who submit an offer as a manufacturer's representative must
supplement the offer with a letter from each manufacturer involved certifying
that the vendor is a bona fide dealer for the specific equipment presented,
that the vendor is authorized to submit an offer on such equipment, and
guarantees that should the dealer fail to satisfactorily fulfill any
obligations established as a result of the anticipated contract awards. The
manufacturer, upon assignment by the state, will either assume and discharge
such obligations or provide for their competent assumption by one or more bona
fide dealers for the balance of the contract period.
MAINTENANCE (LOCAL)
In order to assure that any ensuing contracts will provide the necessary
maintenance support required for the equipment specified, each potential
contractor must have at least one (1) maintenance facility located within the
State of Arizona or have specific agreements in force with a third party to
provide maintenance. Each maintenance facility must be staffed by trained
technicians and have sufficient parts in inventory in order to provide
quality service on the equipment specified. The State Procurement Office may
inspect the maintenance facilities to determine adequacy.
CURRENT PRODUCTS
All equipment, materials, parts and other components incorporated in the work
or an item covered by this contract shall be new, in current and ongoing
production; shall have been formally announced for general marketing
purposes; shall be a model or type currently functioning in a user (pay
customer) environment and capable of meeting or exceeding all specifications
and requirements set forth in this solicitation.
INSURANCE
A. Without limiting any liabilities or any other obligation of the Contractor,
the Contractor shall purchase and maintain, in a company or companies lawfully
authorized to do business in the State of Arizona, and rated at least "A VII" in
the current A.M. Best's, the minimum insurance coverage below:
1. Commercial General Liability, with minimum limits of S1,000,000.00 per
occurrence, and an unimpaired products and completed operations aggregate limit
and general aggregate minimum limit of S2,000,000.00. Coverage shall be at least
as broad as the Insurance Service Office, Inc. Form CG25031185, issued on an
Occurrence basis, and endorsed to add the State of Arizona as an Additional
Insured with reference to this contract. The policy shall include coverage for:
Bodily Injury;
Broad Form Property Damage (including completed operations);
Personal Injury;
Blanket Contractual Liability;
Products and Completed Operations, and this coverage shall extend for one year
past acceptance, cancellation or termination of the service or work defined in
this contract;
Fire Legal Liability.
2. Business Automobile Liability, with minimum limits of $1,000,000.00 per
occurrence combined single limit, with Insurance Service Office, Inc.
Declarations to include Symbol One (Any Auto) applicable to claims arising from
bodily injury, death or property damage arising out of the ownership,
maintenance or use of any auto. The policy shall be endorsed to add the State of
Arizona as an Additional Insured with reference to this contract.
3. Worker's Compensation (Coverage A): Statutory Arizona benefits;
Employer's Liability (Coverage B): $500,000.00 each accident;
$500,000.00 each employee/disease;
$1,000,000.00 policy limit/disease.
Policy Shall Include endorsement for All State coverage for state of hire.
4. Professional Liability Insurance with minimum limits of $1,000,000.00 Each
Claim (or Each Wrongful Act) with a Retroactive Liability Date (if applicable to
Claims-Made coverage) the same as the effective date of this contract. The
policy shall cover professional misconduct
<PAGE>
------------------------------------------------------------------------------
SPECIAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 13
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
or lack of ordinary skill for those positions defined in the Scope of Work or
Specifications of this contract and, at the discretion of the State of Arizona,
shall include one of the following types of Professional Liability policies:
Directors and Officers;
Errors and Omissions;
Medical Malpractice;
Druggists Professional;
Architects/Engineers Professional;
Lawyers Professional;
Teachers Professional;
Accountants Professional;
Social Workers Professional.
The State of Arizona shall be named as an Additional Insured as its interests
may appear.
The policy shall contain an Extended Claim Reporting Provision of not less than
one year following termination of the policy.
B. The State of Arizona reserves the right to request and receive certified
copies of all policies and endorsements within ten calendar day of contract
signature.
C. Certificates of Insurance acceptable to the State of Arizona shall be issued
and delivered prior to the commencement of the work defined in this contract,
and shall identify this contract and include certified copies of endorsements
naming the State of Arizona as Additional Insured for liability coverages. The
certificates, insurance policies and endorsements required by this paragraph
shall contain a provision that coverages afforded will not be canceled until at
least 50 days prior written notice has been given to the State of Arizona. All
coverages, conditions, limits and endorsements shall remain in full force and
effect as required in this contract.
D. Failure on the part of the Contractor to meet these requirements shall
constitute a material breach of contract, upon which the State of Arizona may
immediately terminate this agreement or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, and all
monies so paid by the State of Arizona shall be repaid by the Contractor upon
demand, or the State of Arizona may offset the cost of the premiums against any
monies due to the contractor. Costs for coverages broader than those required or
for limits in excess of those required shall not be charged to the State of
Arizona. Contractor and its insurer(s) providing the required coverages shall
waive their rights of recovery against the State of Arizona, its Departments,
Employees and Officers, Agencies, Boards and Commissions.
LICENSES
Contractor shall maintain in current status all federal, state and local
licenses and permits required for the operation of the business conducted by the
contractor.
KEY PERSONNEL
It is essential that the contractor provide an adequate staff of experienced
personnel, capable of and devoted to the successful accomplishment of work to be
performed under this contract. The contractor must assign specific individuals
to the key positions. Once assigned to work under the contract, key personnel
shall not be removed or replaced without the prior written approval of the
issuing agency and a copy to the procurement office of record.
MILLENNIUM COMPLIANT SOFTWARE
As delivered, the software products specified herein will be "Millennium
Compliant". For the purpose of this solicitation and any resultant contract,
"Millennium Compliance" is the quality of a proposed software product to provide
all of the following functions:
1. Handle date information before, during and after January 1, 2000, including
but not limited to accepting date input, providing date output and performing
calculations on dates or portions of dates;
2. Function accurately and without interruption before, during and after January
1, 2000, without any change in operations associated with the advent of the new
century;
<PAGE>
------------------------------------------------------------------------------
SPECIAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 14
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
3. Respond to two-digit year date input in a way that resolves the ambiguity as
to century in a disclosed, defined and predetermined manner and;
4. Store and provide output of date information in ways that are unambiguous as
to century.
Responding vendors are required to provide a clear statement as to the product's
current millennium compliance. This statement should address the four above
points and be marked as "Millennium Compliance Affidavit".
NEW TECHNOLOGY
New products announced by the manufacturers on contract may be added to the
existing contract during the course of the contract. Pricing shall be equivalent
to the percent of list for each brand or class of equipment originally awarded.
ORDERING PROCESS
Upon award of a contract by the State Procurement Office, any designated agency
may procure the specific material and/or service awarded by the issuance of a
contract release order to the appropriate contractor. Each contract release
order must cite the correct Arizona Contract number. The award of a contract
shall be in accordance with the Arizona Procurement Code and all transactions
and procedures required by the code for public bidding have been complied with.
A contract release order for the awarded material and/or service that cites the
correct Arizona contract number is the only document required for the agency to
order and the contractor to deliver the material and/or service.
Any attempt to represent any material and/or service not specifically awarded
as being under contract with the State of Arizona is a violation of the
contract and the Arizona Procurement Code. Any such action is subject to the
legal and contractual remedies available to the state inclusive of, but not
limited to, contract cancellation, suspension and/or debarment of the
contractor.
PRICE INCREASE (AFTER ONE YEAR)
The State Procurement Office may review a fully documented request for a price
increase only after the contract has been in effect for one (1) year. A price
increase adjustment shall only be considered at the time of a contract extension
and shall be a factor in the extension review process. The State Procurement
Office shall determine whether the requested price increase or an alternate
option is in the best interest of the state.
The price increase adjustment, if approved, will be effective upon the effective
date of the contract extension.
SAFETY STANDARDS
All items supplied on this contract must comply with the current applicable
occupational safety and health standards of the State of Arizona Industrial
Commission, The National Electric Code, and The National Fire Protection
Association Standards.
SERIAL NUMBERS
The contract is for equipment on which the original manufacturers AE serial
number has not been altered in any way. Throughout the contract term, the state
reserves the right to reject any altered equipment.
NON-EXCLUSIVE CONTRACT
Any contract resulting form this solicitation shall be awarded with the
understanding and agreement that it is for the sole convenience of the State of
Arizona. The state reserves the right to obtain like goods or services from
another source when necessary. Off-contract purchase authorization (SPO form
150) may only be approved by the State Procurement Administrator. Approval shall
be at the exclusive discretion of the State Procurement Administrator and shall
be final. However, approval shall be granted only after a proper review and when
deemed to be appropriate. Off-contract procurement shall be consistent with the
Arizona Procurement Code.
CONFIDENTIALITY OF RECORDS
The contractor shall establish and maintain procedures and controls that are
acceptable to the state for the purpose of assuring that no information
contained in its records or obtained from the state or from others carrying
out its functions under the contract shall be used by or disclosed by it, its
agents, officers, or employees, except as required to efficiently perform
duties under the contract. Persons requesting such information shall be
referred to the state. Contractor also agrees that any information pertaining
to individual persons shall not be
<PAGE>
------------------------------------------------------------------------------
SPECIAL TERMS AND CONDITIONS STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 15
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
divulged other than to employees or officers of the contractor as needed for the
performance of duties under the contract, unless otherwise agreed to in writing
by the state.
CONTRABAND Any person who takes into or out of, or attempts to take into or
out of a correctional facility or the grounds belonging to or adjacent to a
correctional facility, any item not specifically authorized by the
correctional facility shall be prosecuted under the provisions of the Arizona
Revised Statutes. All persons, including employees and visitors, entering
upon these confines are subject to routine searches of their person,
vehicles, property of packages.
DEFINITION - A.R.S. 13-2501
Contraband means any dangerous drug, narcotic drug, intoxication liquor of
any kind, deadly weapon, dangerous instrument, explosive or any other article
whose use or possession would endanger the safety, security, or preservation
of order in a correctional institution or any person therein. (Any other
article includes any substance which could cause abnormal behavior, i.e.
marijuana, non-prescription medication, etc.)
PROMOTING PRISON CONTRABAND - A.R.S. 13-2505
1. A person, not otherwise authorized by law, commits promoting prison
contraband:
A. By knowingly taking contraband into a correctional facility or the
grounds of such a facility; or
B. By knowingly conveying contraband to any person confined in a
correctional facility; or
C. By knowingly making, obtaining or possessing contraband while being
confined in a correctional facility.
2. Promoting prison contraband is a Class 5 felony.
CONTRACT DEFAULT
A. The state, by written notice of default to the contractor, may
terminate the whole or any part of this contract in any one of the following
circumstances:
1. If the contractor fails to make delivery of the supplies or to perform
the services within the time specified; or
2. If the contractor fails to perform any of the other provisions of this
contract; and fails to remedy the situations within a period of ten (10) days
after receipt of notice.
B. In the event the state terminates this contract in whole or part, the
state may procure supplies or services similar to those terminated and the
contractor shall be liable to the state for any excess costs for such similar
supplies or services.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 16
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
ARIZONA AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AZAFIS)
MUG PHOTO INTERFACE SUBSYSTEM
1. INTRODUCTION AND OVERVIEW
The Arizona State Procurement Office is issuing this Request for
Proposal (RFP) to invite qualified offerors to submit proposals for
the purchase, delivery, installation, and maintenance of a Mug Photo
Interface Subsystem. This RFP sets forth the requirements for a Mug
Photo Interface Subsystem as defined by the State.
The AZAFIS Mug Photo Interface Subsystem shall be initially
comprised of a centralized statewide image database operated and
maintained and located at the Department of Public Safety, fifteen
mug photo interfaces at the primary booking facilities in each
county in Arizona. (See Exhibit A for additional Funded Sites) The
electronic Mug Photo Interface Subsystem will be interfaced to the
existing AZAFIS livescan equipment in each proposed site. The system
will utilize electronic image technology for mug photos. The primary
objective of the system is to provide electronic capture, transmittal
and retrieval of mug photo images via the AZAFIS frame relay network.
Additional images contained in the statewide database would include
scars, marks, and tattoo's, yearbook photos, and vehicle photos.
1.1 Conceptually there will be two types of electronic mug photo
devices:
1.1.1 Capture Site
An input/retrieval workstation that will be
interfaced to the AZAFIS livescan equipment in each
county jail to capture mug photos and scars, marks,
and tattoos of each arrestee when booked and
fingerprinted. A processing control number (PCN)
currently issued by the livescan equipment for each
arrest incident must also be applied to the mug
photos and other images taken at the time of booking.
Once the mug photo is captured, the image and
associated textual information will be electronically
sent to the centralized database at the Department of
Public Safety. This same device will also be used to
retrieve mug photos from the centralized database.
1.1.2. Investigative Site
An investigative workstation that will not have the
technical ability to capture mug photos but, will be
used at sites other than booking facilities to
retrieve standardized mug photo lineups and other
electronic images via the existing AZAFIS network.
This workstation will also have the capability to
input yearbook photos, family photos, etc. The
investigators must be able to define queries by
specifying a set of physical attributes. The system
must then prepare and present a list of potential
candidates. The selection of individuals for
inclusion in the list must be done on the basis of
the criteria specified in the query.
2. DEFINITIONS
BOOKING The process of fingerprinting, recording,
identifying and gathering descriptive
information related to an arrestee.
MUGSHOT/FACIAL IMAGE Color photos that are taken of an arrestee.
PCN Processing Control Number: A unique
internally assigned ten-character numeric
computer generated assigned to each arrest
and nonarrest fingerprint record that is
processed through AZAFIS. The first two
digits of the PCN designates the agency
which generated the record. The next two
digits of the PCN designate the specific
capture device. The last six digits of the
PCN are sequential processing numbers. PCNs
are used by AZAFIS to track transactions or
records within the system. Processing
Control Numbers for livescan are to
autogenerated by the livescan or image
scanner software.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 17
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
SID State Identification Number
OPPIS Optical Print and Photo Image Subsystem
NCIC National Crime Information Center
STATE The Arizona Department of Public Safety/AZAFIS
State System Administrator
ACCEPTANCE TEST The tests intended to determine that all the
delivered equipment and software comply with the
contract and to determine the reliability of the
system.
PRIME CONTRACTOR The offeror to whom an award is made and who is
soley responsible for all maintenence, repair,
training, installation and replacement of all
system hardware and software. Acts as sole
point of contact for the above actions.
SITE ACCEPTANCE Is a test run by the State to determine site
compliance and connectivity prior to becoming an
active party in the State System.
TWAIN A standard application protocol that allows
cross platform and multi-manufacturer
communication from the scanner to the software.
USER-DEFINED Operational parameters, the values of which are
initially determined by authorized personnel.
When the system is being installed and based on
experience with the system can be defined by
them. Examples: the interval in which a report
is printed the designated printer or printers on
which it is output, and the day and time at
which it printed.
USER-MAINTAINED Related operational parameters usually
maintained in lists, which authorized persons can
establish initially when the system is installed
and can add to or remove as necessitated by
experience with the system. For example: the
common types of scars, marks, tattoos or height,
weight and eye/hair color.
OPERATOR Individual whose access to the Mug Photo
Interface is determined by the system manager by
means of a password.
MPI TASK FORCE A task force that is charged with the
development, evaluation, acceptance and
implemention of the AZAFIS Mug Photo Interface
Subsystem.
AZAFIS Arizona Automated Fingerprint Identification
System
ODBC Open database compliant.
NIST National Institute of Standards and Technololgy.
CSL The Computer Systems Laboratory of NIST which is
now referred to as the Information Technology
Laboratory (ITL).
ITL Information Technology Laboratory.
ANSI American National Standards Institute, Inc.
TCP/IP Transmission Control Protocol/Internet Program.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 18
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
INDENTIX The subcontractor for the TP600 Systems.
TP600 A device that electronically captures and
transmits fingerprint impressions to the AZAFIS
system.
IISI The contractor for the AZAFIS Image Scanner
Subsystem.
GUI A graphical user interface.
PO A purchase order for procurement of AZAFIS Mug
Photo Interface Subsystem.
SMT The abbreviation for scars, marks and tatoo's.
ID Identification
OCR Optical character recognition.
RFP Request for Proposal.
URS User requirements specifications.
TRANSACTION The capture, input, and/or retrieval of a
subject's photograph and associated demographics
between a workstation and a central server or
records management system via a wide area network
(WAN) or local area. (LAN)
NAMSI North American Morpho Systems, Inc. The States
primary contractor for AZAFIS System and the
INDENTIX TP600 systems.
3. PURPOSE
This section describes the functional and technological base that the
State of Arizona Department of Public Safety has established for the
implementation of a large scale modern electronic imaging system, which
shall be called the AZAFIS Mug Photo Interface Subsystem. Further the
subsystem is intended to:
3.1 guide the implementation of technology to meet the immediate
imaging needs of the State of Arizona Department of Public Safety,
the fifteen counties in Arizona, and other cooperating government
agencies within the State of Arizona;
3.2 establish the technology upon which the State can proceed with
the implementation of its long term strategy relating to the
integration and management of images (OPPIS);
3.3 promote the technology necessary to permit the cost effective and
efficient exchange of image based records between the State and
other cooperating state criminal justice agencies;
3.4 establish a centralized database through which all images
captured will be stored and retrieved.
4. OBJECTIVES
The primary objective of the AZAFIS Mug Photo Interface Subsystem is to:
4.1 implement a state wide system to service;
a Central Site,
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 19
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
Fifteen county booking stations and other law enforcement agencies
as they come on line, and
Criminal Justice Agencies and other cooperating State agencies.
4.2 provide for the installation of equipment to electronically
capture, transmit, and retrieve images and data from a central
site;
4.3 establish a system capable of providing photo images in a variety
of common computer file and printed hardcopy formats;
4.4 and ensure that the selected technology is capable of meeting the
long range strategic image management plans of the State.
5. MANDATORY REQUIREMENTS:
The offeror shall comply with the following mandatory requirements.
FAILURE IN ANY AREA, AS DETERMINED BY THE AZAFIS MUG PHOTO TASK FORCE
AND STATE PROCUREMENT, SHALL HAVE A NEGATIVE IMPACT ON THE EVALUATION
OF THE OFFEROR'S PROPOSAL.
5.1 Shall meet ANSI/NIST-CSL1-1993 and NIST-CSL 1-960401 and NIST
Best Practice Recommendations Version 2.0 dated September 11, 1997.
(Appendix A) The NIST Best Practice Recommendation shall prevail
if there are conflicts with NCIC 2000 Standards.
5.2 Shall comply with NCIC 2000 standards.
5.3 Shall be Open Data Base Compliant (ODBC)
5.4 Shall be TWAIN compliant.
5.5 Shall be PC based.
5.6 Shall be capable of indexing multiple images to a single control
number (PCN).
5.7 Shall operate within TCP/IP network protocol.
5.8 Shall interface with AZAFIS network via INDENTIX TP600 livescan
work station or the IISI Fingerprint Image Scanner Interface
Subsystem in order to duplicate the autogenerated PCNs to the Mug
Photo file. To minimize duplicated data entry functions,
individual agencies, at their own expense, may wish to negotiate
interfaces to the TP600, the MPI, jail management systems, or
record management systems.
5.9 The MPI shall provide the user with the capability to generate a
photo-line up of at least six images. The MPI shall retrieve and
display the images of all subjects with characteristics that
match, or substantially match, those of the line-up subject. The
user shall then be able to select or reject from the images
retrieved up to five that together with the subject's constitute
the line-up. The user shall be able to arrange the selected images
in any order, and print them on a single sheet, with the option of
a disclaimer, for viewing.
5.10 Proposed system SHALL NOT contain proprietary hardware, software,
or operating systems.
5.11 Shall allow for the connection of additional capture devices by
means of industry standard connectors. (i.e. Cameras, scanners,
film recorders)
5.12 Camera shall the equipped with a remote pan/tilt mount. It is
preferred that this mount is controlled via the key board, however
if a separate controller is necessary it shall be secured to the
system.
5.13 Shall be capable of performing searches using NCIC demographics
codes and additional search criteria as defined by the user.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 20
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
5.14 Capture station shall be fully-functional without the use of a
mouse.
5.15 The system shall have store and forward capabilities in order to
remain functional during times of network unavailablility. Shall
automatically forward those files generated during times of
network unavailability.
5.16 The offeror shall supply and describe an appropriate server to
be located at the Arizona Department of Public Safety. The MPI
shall be capable of transmitting and receiving electronic images
from this central server and each installation site.
5.17 Software and on-site hardware maintenance support for the MPI
shall be provided by the offeror. All software changes shall be
tested and approved by the State. The offeror shall receive
authorization from the State prior to installing any new software.
5.18 The offeror shall provide an itemized description and cost
information for the design, development and implementation of the
necessary computer software and hardware required to provide
statewide access to mug photo's stored in the States central image
server at the Department of Public Safety.
5.19 The proposed network shall include bi-directional communication
between each MPI system at each installation site and the Central
Database at the Arizona Department of Public Safety.
5.20 MPI images shall be captured and stored in a format that will
allow for the transmission of images via modem to remote sites.
5.21 The MPI shall provide 98% availability of the basic functions
exclusive of functions performed by interfacing systems. In no
circumstance shall the system be required to be taken off-line
for routine maintenance or housekeeping activities.
5.22 To the greatest extent possible, single points of potential
failure shall be eliminated. Primary server shall be redundant
with automatic fail over capabilities.
5.23 The system shall provide a switch over capability of terminal
interfaces from the primary to the back up system that is
transparent to, and requires no intervention from the user. There
shall be no requirement for the user to activate any software or
manipulate any switches.
5.24 The MPI shall utilize a full graphic user interface (GUI) which
provides multiple, movable, and sizable windows.
5.25 The system shall be modular in design. It shall also be possible
to add, upgrade, or replace software modules in the system with
relative ease.
5.26 The system shall allow a user to select a portion of an image to
be enlarged for viewing. System shall allow this enlarged image to
be printed.
5.27 It shall be possible to print any display presented to a user on
a MPI workstation. The display printouts shall include all header
information, and shall be readable and usable.
5.28 The MPI shall allow ad hoc inquiries both about individuals who
have been entered into the system and about the statistical and
historical use of the data base.
5.29 The MPI must interface with existing mug photo systems as
identified in Exhibit B. Offerors shall describle in detail how
their proposed interfaces will affect transaction functionally on
the existing mug photo systems. For example, will the existing
systems be able to access photos residing in the State's central
database to construct their photo lineups? Offeror shall address
all known transactions, taking care to define any loss of present
functionality and/or changes in presentation (user look and feel)
If interfacing with any of the existing mug photo systems will
require cooperative agreements with
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 21
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
offerors marketing/supporting the existing mug photo systems,
offerors shall provide documents confirming that cooperative
agreements have or can be established.
5.30 The MPI shall have the capability to electronically send
information to and receive information from other cooperating
criminal justice agencies. Access to the information in both the
MPI and participating agencies data bases shall be limited, in all
cases, to users with security access codes acceptable to both the
Arizona Department of Public Safety and the cooperating agency.
5.31 The MPI shall generate outputs in the format determined by the
State. Inputs from each interfacing system shall be in the State
format. The prime contractor shall assist in any necessary
conversion between these systems.
5.32 The MPI shall be both menu and command driven. There shall be
standardized movement from screen to screen without having to
return to the main menu. System messages shall be standardized and
detailed field specific help functions shall be provided.
5.33 The MPI shall have a manual capture operation to provide
essential functions in the those instances in which part or all of
the systems fails. The manual capability shall be available to
sustain operations at whatever level it is needed (i.e., part of
a facility, an entire facility, several facilities, or the entire
network).
5.34 The MPI shall include a purging capability that can be identified
by the system manager in a table or structured response by data
element and compound logical and arithmetic relationships.
5.35 The system shall provide multiple, searchable, linked image and
data bases. These databases would be used for user specified
purposes (i.e. sex offenders, gangs, habitual offenders,
employees). The system shall provide for the entry of a photo type
i.e. arrests (PO1) juveniles (PO7). (Appendix B).
5.35.1 The system shall allow, at the states discretion, for the
partitioning of any of these data bases to protect against
unauthorized access. The system shall provide for the
addition of photo type databases at no additional cost to
the State.
5.36 The MPI shall provide an audit trail that is easily accessed by
any authorized user. This audit trail, at a minimum, shall identify
the user, all filles accessed, the order in which these files were
accessed, the time and date of each transaction, and the order in
which these files were printed. This function shall be sufficient
to withstand any legal challenge of the products from the MPI. The
successful offeror shall assist in legal challenges at a rate
mutually agreed to by the offeror and the State.
5.37 The MPI shall provide for image enhancement. This capability
shall at a minimum, allow for the standardization of background
color and subject head size. The system shall ensure that any file
that is modified is identified as a modified file. The proposed
system shall prevent any modification of an original image file.
The offeror shall provide documentation stating the method used
for ensuring the file integrity for review by the MPI and the
Attorney Generals Office.
5.38 The MPI shall provide each user agency a report format that will
indicate the number of photo's per booking, by operator, the total
number of photo's by hour, day and month, and the total current
data base size for their site. A summary report shall be provided
with the same data for all sites for the system administrator.
5.39 Local users comments and other free-form entries into the MPI shall
be searchable. Searches shall be designed so that the system
performance is not adversely affected. Free-form text space
allowed shall be no more than 1 line of text.
5.40 The MPI imaging system shall allow the operator to view, live
camera images and select or reject an unlimited number of these
views for inclusion in the file.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 22
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
5.41 The system shall automatically associate all images with a
specific file, and store the date and time at which it was
recorded.
5.42 The MPI shall allow common characteristics to be selected from a
user-maintained list, organized by body type and size facial
appearance and features. The user shall be able to describe
unusual characteristics in free form text entries. As with other
free-form text entries, mug photo descriptions shall be indexed so
that may be searched.
5.43 The User shall be able to retrieve and/or print any image in the
system. The retrieval can be accomplished by searching on the PCN
number and other numbers. (i.e. agency case number)
5.44 The User shall be able to retrieve and/or print any mug photo
that fits the descriptive characteristics selected from the user
maintained list and/or searched among free-form text entries.
5.45 The MPI shall provide the user with the capability to generate a
photo-lineup of up to six mug photos. The system shall retrieve
and display all mug photos that contain the distinguishing
characteristics that match or substantially match those of the
photo-lineup subject. The user shall then be able to select or
reject from the mug photos retrieved up to five that, together
with the subject's, constitute the photo-lineup. The user shall be
able to arrange the selected images in any order and print them to
a single sheet for viewing.
5.46 The User shall be able to print mug photos and or photo-lineups
on any printer connected to the MPI.
5.47 The MPI shall store color images of scars, marks, and tatoos
(SMT) for each arrestee. The MPI shall automatically associate all
images of an inmate's SMT with his or her files, store, the date
and time the images were recorded. The MPI shall differentiate
images of SMT from mug photo's.
5.48 The MPI shall classify images as scars, marks, or tatoos. It is
preferred that the system use a generic human body drawing to
establish the location of SMT. If this option is not availbale,
SMT location shall be selected from a user-maintained list
(e.g. right upper arm).
5.49 Common types and subtypes of SMT shall be selectable from a
user-maintained list. The user shall be able to describle unusual
types and subtypes in free-form text entries. Words on a tattoo
shall also be entered as free-form text.
5.50 For commonly seen and easily identified SMT judged not important
enough to photograph, the MPI shall accept descriptive free-form
text entries.
5.51 The user shall be able to retrieve and or print any images of SMT
associated with a booking or those of any other person whose SMT
have been entered into the system for investigative or
identification purposes.
5.52 The user shall be able to enter a description of an SMT, and
retrieve and/or print image that match the description. The user
shall be able to select search characteristics from the
user-maintained list of locations, types, and subtypes. For
unususal SMT, and for the words on tattoos, the user shall be able
to enter free-form text entries as search criteria.
5.53 The capacity to print images of SMT in black and white shall be
available on all MPI work stations. The ability to print these
images in color shall be made available at user designated
stations.
5.54 The MPI shall allow the user to obtain "Help" for each individual
field, while the cursor is in that field, for each entry and
inquiry screen. The "Help" function shall give the user a brief
explanation of the requirements for that particular field and
whether the field is mandatory. The MPI shall allow a user to ask
for help for each entry or inquiry module or screen, when the user
is in that module or screen. The "Help" function shall provide
essential information for the module or screens purpose and usage.
The mandatory fields shall be a different color, bold or
highlighted.
5.55 The MPI shall display the current status of a booking. The
display shall indicate current status and allow the user to
determine what actions are necessary to complete the booking
process.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 23
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
5.56 The MPI shall allow the user to access any screen from any other
screen, directly, at any time, with minimal use of sub-menuing
menuing.
5.57 The MPI shall include a transaction to down load selected data
elements to a file. The data available for down loading will
be determined by the user's security access as determined by the
system manager.
5.58 The MPI shall include quality assurance functions that, at a
minimum, will compare the currently taken image of an arrestee
against the data base and identify any similar or duplicate images.
This function shall be selectable at users discretion. This
function is required to identify outstanding warrants, aliases,
and inaccurate demographic information given at the time of
booking.
5.59 The MPI shall contain an audit function. Each activity performed
shall be stored with audit information relating to the specific
user performing the activity, and what data the activity relates
to. This audit information shall be made available to other user's
based on their security profile.
5.60 The MPI shall allow for on-line data backup and archival devices.
5.61 The MPI shall accept and correctly process hyphenated names in
any name component, first, middle and/or last.
5.62 The MPI shall use soundex coding in name searches to minimize the
impact names with similar and variant spellings and of misspelled
names (either on entry or in requesting a name search).
5.63 Security access to information maintained by the MPI will depend
primarily on using object-based security. A combination of an
assigned log-on and a password shall be required to sign on, and
shall be validated by the system before access is granted.
5.64 The system shall determine which information or objects a user
will have access to, by way of preassigned roles and privileges,
and what actions he or she may take with this information or
objects. The system shall label all transactions with the users'
log-on, time and date.
5.65 The MPI shall log off any signed-on user who does not make an
input into the system for a user-defined interval (e.g. five
minutes).
5.66 The MPI shall require that passwords be changed at user-defined
intervals (e.g. every 90 days).
5.67 The user/administrator shall be provided an application utility
to enable the maintenance of system security levels.
5.68 The MPI shall provide the capability to audit use of the system
by determining the transactions performed. Audits shall be limited
to a specific time period.
5.69 The MPI shall provide at a minimum two types of audit reports.
The system shall produce a summary report which lists only
actions taken by the user/users or the position being audited the
date and time at which each action was taken, and the ID of the
user taking the action. A detailed audit report, which lists the
action taken, the specific subjects and/or files against which
they were taken, all changes made by or information returned in
response to the actions, any explanations for the changes required
by the system, and the ID of the user taking the action. The users
ID shall be output only once for an audit of an individual user but
shall be presented with each action in an audit of workstation use
or of all MPI users.
5.70 The MPI shall accept audit requests made in the following manner,
by all users, by a specific user, by specified workstation.
5.71 The MPI shall restrict the request for a security audit to
personnel with appropriate security-access codes as determined by
the system manager.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 24
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
5.72 The MPI shall at a minimum, have a security capacity that meets
the US Government Department of Defense Standard Class C2 as
defined in the Department of Defense Trusted Computer System
Evaluation Criteria, December 1985.
5.73 The MPI must store each activity with audit information relating
to the specific user performing the activity, and what data the
activity relates to. Such audit information shall be made available
to other users based on their security profile.
5.74 The MPI must allow the user to retrieve and/or print images
associated with a past or present inmates record, other persons
photographs in the system for identification purposes (these
images will be retrieved by PCN or system number), those images
that fit descriptive characteristics selected from a
user-maintained list or searched from among free-form text
entries.
5.75 The investigative workstation shall be equipped with a color flat
bed scanner that, at a minimum, has 600 dpi optical single pass
resolution, 36 bit color, the ability to scan legal size paper
containing both images and text, and contains OCR software for
scanning pages of text. The scanner shall auto-generate and
assign an AZAFIS Processing Control Number (PCN) whenever an
image is processed for inclusion in the central database.
5.76 The MPI systems shall be composed of new equipment which has not
been previously used in any demonstration or exhibit.
5.77 The MPI shall allow for data storage expansion of at least three
(3) times the original storage capability. The State currently
generates 350,000 mug photos per year. Exhibit C (attached) shows
estimated capture transaction data for each initial site.
5.78 The MPI shall support an operating system, network operating
system and protocol suite which will allow the MPI to interface
with other computer systems currently in use within the AZAFIS
network.
5.79 The proposed AZAFIS Mug Photo Subsystem shall be configured
adequately to provide acceptable transaction response times during
the estimated seven (7) year life of the initial system. The
average elapse time for the capturing of mugphoto scars, marks and
tattoos, yearbook photos, vehicle photos to the time the
centralized database receives the transaction shall not exceed 5
seconds. The average elapse time for receiving a response form an
investigative query shall not exceed 15 seconds.
5.79.1 "Response time" for this procurement is defined as the
elapsed time between the transmission of a transaction
command or function key and the return of the cursor for
the next user entry, or, the display of the last character
or pixel of the first page of the transaction's normal
response to the video monitor.
5.79.2 Offerors shall provide average response times for each of
their system's transactions.
5.79.3 In situations where teleprocessing from remote locations
will appreciably slow response times, offerors are asked
to identify the line speed requirements necessary to
support their response time claims. Offerors shall also
provide both local and remote average response times for
all data intensive transactions. (any transactions that
due to its message size is subject to a doubling or more
of its local average response time)
5.79.4 Each offeror shall include an explanation of the method
they propose using to demonstrate the accuracy of their
response time claims.
6. OPTIONAL AND HIGHLY DESIRABLE PERIPHERALS.
(The use of make an model number are for illustrative purposes only and
refer to minimum requirement. It shall be understood that
equivalent items may be bid)
6.1 Play Inc. Snappy video frame grabber.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 25
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
6.2 Epson expression flat bed scanner, 600 dpi optical resolution on
single pass, 36 bit color, 8 bit gray scale.
6.3 Panasonic PanaSync S21 Color Monitor.
6.4 Snap-on, nonglare, monitor cover.
6.5 Sony up 880 B&W video printer.
6.6 Facial Recognition Software.
6.7 Polariod ProPalette HR 6000 color film recorder.
6.8 Minolta Quickscan 35 film scanner.
6.9 Kodak Model 8650 Color Printer w/32 MB, raster and post script.
6.10 Kodak Model DCS 410 Digital Camera.
6.11 IBIS Latent Pro Forensic Image Enhancement Software.
6.12 ADOBE Photoshop V4.0
6.13 Recordable CD Rom.4x write/6x read
6.14 RAM Upgrades in 8, 16, and 32mb increments.
6.15 512K Cache upgrade.
6.16 Basic SCSI controller for Kodak and other external SCSI devices.
6.17 Kodak Digital Science DC120 Zoom Camera.
6.18 HP Laser Jet 5 printer with minimum of 12mb RAM.
6.19 Jail Management system-Identification cards.
6.20 EPSON Stylist Color 800 Ink Jet Printer.
6.21 The offeror will provide a listing of all associated supplies and
costs.
6.22 Hi-8mm color camcorder - such as a Canon ES2000.
6.23 Duplex ID card printer.
6.24 Windows Office Professional 97.
6.25 Fujix Photo-Video Imager FV-7.
6.26 S-VHS VCR.
6.27 Konica Q-mini digital camera.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 26
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
7. TRAINING
7.1 The prime contractor shall be responsible for all training
throughout the life of the contract at costs specified in the
contract.
7.2 The prime contractor shall provide training to State and member
agency personnel that is sufficient in depth and scope to ensure
operators can efficiently utilize the system.
7.3 The prime contractor shall provide handout/reference material
which will be included in each training manual required for each
student at no additional cost. Training materials must remain
current with the system configuration and provided at no additional
cost.
7.4 The training shall begin at each site following the successful
installation of equipment.
7.5 A brief course description, including subject title, objectives,
course length time, minimum skill levels and knowledge
base of students and recommended number of students,
initial and ongoing training costs for each class shall be
provided by the prime contractor. Offeror will supply costs for
additional and on-going training.
7.6 The prime contractor shall provide to the State a course schedule
to identify starting and completion dates for training at each
site.
7.7 The prime contractor shall provide hands-on training at each
initial and subsequent installation site.
7.8 Training shall accommodate the 24 hours, 7 days a week
environment in which the system will be used.
8. DELIVERY AND INSTALLATION
8.1 The successful contractor shall provide for INSIDE DELIVERY and
installation at each site. The arrangements for all deliveries
shall be planned 30 days in advance of such event through
cooperative efforts of the AZAFIS Management Section, each
installation site, and the successful contractor.
8.2 Delivery shall be guaranteed by the Contractor within thirty (30)
days from the placing of an order.
9. MAINTENANCE
9.1 The prime contractor shall have a minimum of two (2) years prior
experience with installing training and maintaining electronic
imaging systems.
9.2 The prime contractor shall maintain an adequate inventory of
spare parts to ensure expedient repair of equipment within the time
frame identified in this proposal.
9.3 Operating and reference manuals shall be provided to each
workstation site at the time of purchase and shall be kept
up-to-date.
9.4 Diagnostic service will be performed via a contractor supplied
modem. Security policies and procedures shall be discussed with
AZAFIS Management Section. Diagnostic service shall be conducted
within one (1) hour of notification by a site. Modem link must be
secured against unauthorized access to the system. The successful
offeror must provide the State with detailed information on the
methods that will be utilized to assure the required level of
security.
9.5 The service area is any where within the borders of the State of
Arizona. Service time is seven (7) days per week, twenty-four (24)
hours per day.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 27
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
9.6 An initial phone call response shall be received from the service
contractor within a half-hour after notification by the agency of a
service requirement.
9.7 On-Site Response Times
9.7.1 Capture Sites
The contractor during the warranty and maintenance
contract period will provide on-call maintenance services
with on-site response time not to exceed four (4) hours
from the time trouble is reported within a 50 mile radius
of the metropolitan area of Phoenix and or Tucson. On-site
response time shall be no longer than eight (8) hours from
the time trouble is reported for the balance of the State.
All equipment requiring physical repair or replacement shall
be completed within twenty four (24) hours from the time a
problem is reported.
9.7.2 Investigative Sites
The contractor during the warrantly and maintenance
contract period will provide on-call maintenance services
with on-site response time not to exceed twenty-four (24)
hours from the time trouble is reported for the entire
State. All equipment requiring physical repair or
replacement shall be complete within twenty four (24) hours
from the time a technician reports on-site.
9.8 Any capture site reported inoperable for more then twenty four
(24) hours shall be replaced by the contractor.
9.9 The prime contractor shall furnish a service report to the State
upon completion of each maintenance call and maintain a service
record for each piece of equipment serviced. The report at minimum
shall include the following:
9.9.1 Date and time notified.
9.9.2 Time of arrival.
9.9.3 Type and model number(s) of machine(s).
9.9.4 Time spent for repair.
9.9.5 Time repair completed.
9.9.6 Service completed.
9.9.7 Cause of malfunction.
9.9.8 List of parts replaced.
9.9.9 Action taken to prevent recurrence.
9.9.10 Signature of site representative.
9.9.11 Offeror technician responsible for the
repairs.
9.10 The prime contractor shall provide a preventive maintenance plan
to the State for review and approval.
9.11 The prime contractor shall provide the same maintenance costs for
all sites participating in the AZAFIS MPI Mug Photo Interface
Subsystem.
10. WARRANTY
10.1 All equipment, materials, parts, and other components supplied by
the prime contractor to the State and it's member agencies under
this specification shall be NEW, and of the LATEST MODEL.
10.2 The prime contractor shall be held solely responsible for all
warranty, repair, or replacement of system hardware and software.
10.3 The prime contractor shall be solely responsible for all
subcontractor hardware and software.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 28
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
10.4 All equipment and software supplied to the State and it's member
agencies under this specification shall be fully guaranteed by the
prime contractor for a minimum period of twelve (12) months from
the date of acceptance by the State.
10.5 The prime contractor shall describe the warrantly for each
system and/or components of each system.
10.6 Future acquisitions by the STATE or it's MEMBER AGENCIES under
this specification shall be fully guaranteed by the contractor for
a minimum of twelve (12) months from the date of site acceptance.
10.7 Any and all defects of design, workmanship, and/or materials,
that would result in noncompliance with the contract
specifications, shall be fully corrected by the contractor
(including parts and labor) without cost to the State and/or it's
member agencies.
10.8 The system shall be considered as functioning in a sub-standard
manner when, over a period of thirty consecutive working days,
there are two or more service interruptions or one interruption in
excess of six hours due to equipment failure.
10.9 Sub-standard performance over a ninety consecutive day period may
result in cancellation of the contract and/or equipment replacement
at the contractors expense, at the States discretion.
11. ACCEPTANCE TESTING
11.1 Mug Photo Interface Task Force members, other individual's as
selected by the AZAFIS Systems Administrator, and one contractor
representative will perform acceptance testing of the system.
11.2 All acceptance testing will be performed and based on accuracy,
speed, interfaces, performance representations and specifications
made by the offeror and all requirements as stated in the Request
for Proposal (RFP) for the initial 17 sites only. Additional
capture or investigative stations purchased under any resultant
contract will not be subject to this acceptance test.
11.3 The system acceptance period will be considered successful if
throughput/accuracy requirements are satisfied and if each device
is operational for ninety-eight percent (98%) of the scheduled
operating time during the acceptance period, excluding scheduled
downtime. Any other time the system is not operational shall be
considered downtime.
11.3.1 Scheduled downtime not to exceed 4 hours per calendar
month.
11.4 Prior to the acceptance period, the committee as stated in
Section 13.1, will evaluate the device's performance on a daily
basis.
11.5 The system acceptance period will begin when the equipment is
installed and the contractor certifies that the equipment is ready
for use.
11.6 All rerun time resulting from equipment failure and preventative
maintenance shall be INCLUDED IN DETERMINING TOTAL PERFORMANCE
HOURS. All reconfiguration and reload time shall be included in
determining TOTAL PERFORMANCE HOURS.
11.7 If file are destroyed as a result of a problem with contractor
equipment and must be rebuilt, the time required to rebuild the
files will be considered "downtime" for the system.
11.8 The system acceptance period and acceptance testing shall cover a
period of 30 consecutive calendar days immediately following
delivery and complete system installation.
11.9 All equipment shall operate in conformance with the published
specifications applicable to such items. Subsequent to the system
acceptable, items added by amendment to the contract shall operate
in conformance with published specifications at the time of the
amendment.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 29
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
11.10 No more than one hour will accrue to the performance hours during
any one designated clock hour.
11.11 Equipment shall not be deemed accepted by the State and no
charges will be payable or accrued by the State until the standard
of performance is met.
11.12 The AZAFIS Mug Photo Interface Subsystem must be in operation,
fully functional and available 98% of the time during the 30
consecutive calendar days of the system acceptance period.
11.13 If the contractor requests access to failed equipment and the
State refuses, then such maintenance will be deferred to a
mutually agreeable time and the intervening time will not count
against the system acceptance period.
11.14 If the successful completion of the system acceptance period is
not attained within 30 days of the installation date, the State
may terminate the agreement, or by mutual agreement of the State
and contractor, performance tests may continue. The States's
option to terminate the agreement shall remain in effect until
such time as a successful completion of the performance period is
attained.
12. COMMUNICATIONS
12.1 The state currently utilizes T-1 and 56 KB lines in all existing
AZAFIS Sites. The AZAFIS transmission protocol is TCP/IP and Frame
Relay. See Appendix C for current AZAFIS communications network
diagram.
12.2 The contractor shall be responsible for determining the
necessary hardware and software required to interface the MPI
system to AZAFIS network.
12.2.1 The offeror shall document how their system will not
degrade in any way the existing throughout, response
times and reliability of the current transmission of
latents and tenprint cards on the AZAFIS network.
13. PERSONNEL REQUIREMENTS
13.1 The contractor shall provide a Project Manager whose project
management responsibilities shall include:
13.1.1 Planning and monitoring project activities.
13.1.2 Working with the Department of Public Safety Project
Coordinator to resolve actual and/or potential problems.
13.1.3 Reporting on project status.
13.1.4 Providing analytical and technical expertise as required
by the project.
13.1.5 Obtaining and scheduling the use of required contractor
resources.
13.2 The Department of Public Safety shall provide a Project
Coordinator whose project coordination responsibilities shall
include:
13.2.1 Planning and monitoring project activities.
13.2.2 Working with the contractor Project Manager to resolve
actual and/or potential problems.
13.2.3 Obtaining and scheduling the use of required State
resources.
Coordination with the AZAFIS Operational Procedures Committee to
resolve policy and business issues impacting the project.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 30
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
14. SECURITY CHECK
14.1 The contractor is responsible for obtaining security clearance
from the Department of Public Safety for all employees,
subcontractors, or material person having access to restricted
areas. The State reserves the right to change restricted areas
as the work progresses or as police operations may dictate.
14.2 The contractor grants the right to the Department of Public
Safety to conduct background and fingerprint check of all
employees, subcontractors, and material person's entering
designated restricted areas. The background checks shall be
conducted prior to any employee, subcontractor, or material
person's entering a restricted area and will be based upon
information provided to the Department of Public Safety including
but not limited to name and date of birth. The information will
be provided only to the criminal justice agency representative at
least 24 hours in advance of the need for access. The State may in
its sole discretion refuse to allow an employee, subcontractor,
or material person's access to a restricted area for the following
reasons:
14.2.1 Conviction of a felony.
14.2.2 Conviction of a misdemeanor (not including traffic or
parking violations and petty offense).
14.2.3 A person is under current investigation or pending trial
involving criminal activity.
14.2.4 Any outstanding warrants (including traffic and parking
violations).
14.2.5 A person currently on parole or probation.
14.3 The contractor shall include the processing of this paragraph in
any subcontract entered into for performance of the work on this
project. There will be no additional payment for this procedure,
the cost will be included in the lump-sum/unit prices in the
proposal.
15. CUSTOM PROGRAMMING
15.1 The offeror shall provide a list of hourly rates for each class
of offeror employee required to deliver system analysis and
programming services commonly associated with the delivery of
customer specific system modifications and/or enhancements. Any
costs that exceed per diem shall also be identified. Rates
quoted shall remain available to the State for no less than the
term of the contract, subject to terms and conditions.
15.2 If custom programming is required as part of the offeror's
communications and interface proposal, these costs shall be stated
as a fixed amount.
15.3 This proposal is subject to amendment for future
modification/enhancements requested by the State.
<PAGE>
------------------------------------------------------------------------------
SCOPE OF WORK STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 31
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
FOR THE GOODS AND/OR SERVICES SPECIFIED HEREIN, THE FOLLOWING APPLY:
- Delivery is promised within 120 calendar days after receipt of an order.
(Refer to Special Terms and Conditions for delivery requirements.)
- If payment is made within 30 calendar days after acceptance of goods and/or
services, the above quoted price, excluding sales tax, shall be discounted by
0%. (Refer to Uniform Instructions To Offerors for discount requirements.)
<TABLE>
<CAPTION>
LINE NO. COMMODITY DESCRIPTION U/M UNIT PRICE
----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
1 127215 - AZAFIS Mug Photo Interface System (MPIS) jb 576,883.10
Total purchase price for seventeen (17) initial sites throughout the
State of Arizona to include delivery, site-preparation, installation
and one (1) year on-site warranty.
Manufacturer: ImageWare Software Inc.
Model #: Crime Capture System
Catalog Discount: 0.0
----------------------------------------------------------------------------------------------------------------------------------
2 127216 - Maintenance, AZAFIS Mug Photo System Interface yr 69,225.97
to follow one (1) year on-site warranty.
Contract shall charge a single percentage of original system
purchase price to cover on-site follow-on maintenance a at 12%
Maintenance pricing shall not increase by more than 2% above
the previous year's maintenance rate.
Catalog Discount: 0.0
----------------------------------------------------------------------------------------------------------------------------------
3 127418 - AZAFIS MPI Subsystem, Central Database jb 202,811.15
To include all development, installation of hardware & software,
implementation, services and one (1) year warranty of a central
AZAFIS Mug Photo Interface Subsystem at the Department of
Public Safety as per the requirements of the Scope of Work.
Delivery Location: Metropolitan Phoenix
Catalog Discount: 0.0
----------------------------------------------------------------------------------------------------------------------------------
4 127419 - AZAFIS MPI Subsystem, Central Database, Maint. yr 0.00
to follow one (1) year warranty.
Contractor to provide a firm fixed price to maintain the central
site database following the one (1) year warranty at 12%.
Maintenance pricing shall not increase by more than 2% above
the previous year's maintenance rate for future years of support.
Delivery Location: Metropolitan Phoenix
Catalog Discount: 0.0
----------------------------------------------------------------------------------------------------------------------------------
</TABLE>
<PAGE>
------------------------------------------------------------------------------
PRICE SHEET STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 32
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
<TABLE>
<CAPTION>
----------------------------------------------------------------------------------------------------------------------------------
ARIZONA STATE INITIAL MPI SITES
----------------------------------------------------------------------------------------------------------------------------------
FULL CAPTURE INVESTIGATOR
AGENCY LOCATION WORKSTATION WORKSTATION
----------------------------------------------------------------------------------------------------------------------------------
<S> <C> <C> <C>
Apache County Sheriff's Office 370 S. Washington ST. - St. Johns, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Cochise County Sheriff's Office 836 E. State Highway 80 - Bisbee, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Coconino County Sheriff's Office 211 N. Agassiz St. - Flagstaff, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Gila County Sheriff's Office 1100 South St. - Globe, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Graham County Sheriff's Office 523 S. 10th Avenue - Safford, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Greenlee County Sheriff's Office MP 162 S. Highway 191 - Clifton, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
LaPaz County Sheriff's Office 1109 W. Arizona Ave. - Parker, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Maricopa County Sheriff's Office 102 W. Madison St. - Phoenix, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Mohave County Sheriff's Office 415 Pine St. - Kingman, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Navajo County Sheriff's Office South Highway 77 - Prescott, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Pima County Sheriff's Department 1750 E. Benson Highway - Tucson, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Pinal County Sheriff's Office 951 N. Pinal Pkwy. - Casa Grande, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Santa Cruz County Sheriff's Office 1250 N. Hohokam Dr. - Nogales, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Yavapai County Sheriff's Office 255 E. Gurley St. - Prescott, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Yuma County Sheriff's Office 141 S. 3rd Avenue - Yuma, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Maricopa County Juvenile Court 3125 W. Durango - Phoenix, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
Pima County Juvenile Court 2225 E. Ajo Way - Tucson, AZ $18,272.40 $15,661.90
----------------------------------------------------------------------------------------------------------------------------------
TOTAL FOR EACH CATEGORY: $310,630.80 $266,252.30
----------------------------------------------------------------------------------------------------------------------------------
GRAND TOTAL FOR STATEWIDE INSTALLATION $576,883.10
----------------------------------------------------------------------------------------------------------------------------------
</TABLE>
<PAGE>
------------------------------------------------------------------------------
PRICE SHEET STATE PROCUREMENT OFFICE
----------------------------------------------
PAGE Capital Center, Suite 103
[SEAL] CONTRACT NO.: AD980064 - 001 33
15 South 15th Ave
----------------------------------------
VENDOR: ImageWare Software Incorporated OF Phoenix, AZ 85007-3223
35
------------------------------------------------------------------------------
CONFIGURATION BREAKDOWN
FULL CAPTURE WORKSTATION
<TABLE>
<CAPTION>
Quantity Description Hardware $
<S> <C> <C>
1 IBM PC 300XL (6588-42U) Capture Station 2,551.50
Pentium II, 266 mhz, PCI/ISA, 100/10 PCI Ethernet
WOL
32 MB RAM, 1.4 MB Floppy, 2.5 GB HD
1 32 MB Additional Memory Module 244.35
1 IBM 4.2 GB Deskstar 4 EIDE Hard Drive 326.70
1 24X CD ROM Drive 249.75
1 PCI Display Adapter 1,147.50
1 SVGA Monitor, 17" 737.10
1 Keyboard, 101 Key 0.00
1 Mouse 0.00
1 Camera, NIST Standards 4,050.00
1 3 point lighting system 1,343.25
1 Pan and Tilt Camera mount 1,620.00
1 Reflective Pedestal 924.75
1 Cable Bundle 202.50
TOTAL HARDWARE $13,397.40
SOFTWARE $4,400.00
DELIVERY/INSTALL $475.00
PER CAPTURE SITE $18,272.40
</TABLE>
INVESTIGATIVE WORKSTATION
<TABLE>
<CAPTION>
Quantity Description Hardware $
<S> <C> <C>
1 IBM PC 300XL (6588-42U) Investigave Station, Pentium 2,551.50
II, 266 mhz, PCI/ISA, 100/10 PCI Ethernet WOL, 32 MB
RAM, 1.44 MB Floppy, 2.5 GB HD
1 32 MB Additional Memory Modul 244.35
1 IBM 4.2 GB Deskstar 4 EIDE Hard Drive 326.70
1 24X CD ROM Drive 249.75
1 SVGA Monitor, 17" 737.10
1 Keyboard, 101 key 0.00
1 Mouse 0.00
1 Color Flatbed Scanner, 600 DPI, 36 Bit Color 675.00
1 Color Printer, Inkjet, 600 DPI, 1 PPM 675.00
1 Cable Bundle 202.50
TOTAL HARDWARE $5,661.90
SOFTWARE $9,525.00
DELIVERY/INSTALL $475.00
PER INVESTIGATIVE SITE $15,661.90
</TABLE>
<PAGE>
END OF CONTRACT AD980064 - 001 DOCUMENT
<PAGE>
------------------------------------------------------------------------------
CONTRACT AMENDMENT STATE PROCUREMENT OFFICE
--------------------------------------------- CAPITAL CENTER BUILDING
PAGE 15 SOUTH 15TH AVENUE,
[SEAL] CONTRACT NO.: AD980064 - 001 1 SUITE 103
PHOENIX, ARIZONA 85007
----------------------------------------
AMENDMENT NO: ZZY2K OF WENDY SUMMERS
1
------------------------------------------------------------------------------
THIS IS A CONFIRMING AMENDMENT:
The contract is amended to incorporate the attached Declaration of Contract
Performance Through the Year 2000.
------------------------------------------------------------------------------
The above referenced contract is hereby executed
this Nineteenth (19th) Day of /s/ John O. Adler
---------------------------
JOHN O. ADLER, C.P.P.O.,
February, 1999, at Phoenix, Arizona PROCUREMENT OFFICER
ADMINISTRATOR, PROFESSIONAL
SERVICES
<PAGE>
ATTACHMENT A
DECLARATION OF CONTRACT PERFORMANCE
THROUGH YEAR 2000
THE CONTRACTOR, IMAGEWARE SOFTWARE INCORPORATED, HEREBY DECLARES THAT THE
PRODUCTS OR SERVICES REQUIRED UNDER CONTRACT NUMBER AD980064-001 BETWEEN THE
CONTRACTOR AND THE STATE OF ARIZONA WILL COMPLY IN ALL RESPECTS TO THE
PERFORMANCE AND DELIVERY REQUIREMENTS OF THE CONTRACT.
FURTHER, THE CONTRACTOR DECLARES THAT ITS AND ANY SUBCONTRACTORS PERFORMANCE
WILL NOT BE IMPAIRED BY YEAR 2000 RELATED DEFICIENCIES.
YES X NO DON'T KNOW
-------- ------- ------------
12-8-1998
--------------------
DATE
/s/ Mike Stein
---------------------------
SIGNATURE
Mike Stein Programmer
-----------------------------------------
NAME AND TITLE OF AUTHORIZED OFFICIAL
ROUTE TO: GECOLA WARD