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12/20/2006 Agreement Clerk 011118 Circul Coun Danny L. Kolhage - Phone: 305-295-3130 Fax: 305-295-3663 To: Court Administration Attn: Holly Elomina, Administrative Services Manager From: Isabel C. DeSantis, Deputy Clerk ~ Monday, July 02, 2007 Date: At the BOCC meeting on December 20, 2006, the Board approved the following: Contract between Monroe County and AnyTransactions, Inc. to provide the 16th Judicial Circuit's Pretrial Services Department with electronic supervision via a voice monilloring call-in system of person placed under their supervision by the Courts. Enclosed is a duplicate original of the subject document for your handling. Should you have any questions concerning this matter please feel free to contact this office. Copies: Finance County Attorney File ^ ' 1 " T 1 1 r~ I' . dnvtransactions roboCUFF License Agreement for Florida 16th Judicial Circuit Court This License Agreement is valid only for government agencies. Pa2'e 1 of 4: Terms and Conditions AnyTransactions, Inc. C"AnyTransactions") hereby grants the Agency named below ("'Agency") the non-exclusive, non- transferable right and license to access and use roboCUPP Voice Monitoring C"roboCUPP") via a web browser over the Internet for the sole purpose of lawful electronic supervision of persons as ordered or authorized by the applicable court(s) of law or government entity(ies) for the applicable jurisdiction(s). Agency may not allow access to roboCUFF, including any associated proprietary materials, by any party that is not subject to the terms of this Agreement. County/Agency: Monroe CounlY. Florida / Florida 16th Judicial Circuit Court. Pretrial Services Jurisdiction(s): Florida 16th Judicial Circuit Street Address: Billing Address: 5530 Colle2e Road. Kev West. Florida. 33040 see Street Address 1. Services Provided. AnyTransactions will provide Agency with services as described in the accompanying Fee Schedule (page 2 of 3) and Service Description (page 3 of 3) as may be amended in accordance with paragraph 3 below. 2. Term. The initial term of this Agreement shall begin on June 1,2007 and shall end on September 30,2007. This Agreement shall automatically renew for additional terms of twelve (12) months until either party provides written notice to the other to request termination. The parties may mutually agree in writing to begin the initial term of this agreement up to 31 days before or after. June I, 2007. in which case the monthly fees as provided herein will be prorated accordingly. 3. Fee Schedule and Service Plan. Agency will pay fees to AnyTransactions according to the accompanying Fee Schedule. Each renewal of this Agreement is subject to the Fee Schedule and Service Description in effect on the date of that renewal, provided that AnyTransactions notifies Agency of any changes at least 30 days before that date. 4. Payment Terms. AnyTransactions invoices are due in full on receipt by Agency. A. County performance and obligation to pay under this Agreement, is contingent upon annual appropriation by the Board of County Commissioners of Monroe County. B. AnyTransactions shall submit to the County an invoice with supporting documentation acceptable to the Clerk. Payment will be made after delivery and inspection by County and upon submission of invoice by AnyTransactions. C. County shall pay in accordance with the Florida Statute 218.70 et al Local Government Prompt Payment Act; payment will be made periodically in arrears, but no more frequently than monthly. D. AnyTransac:tions shall submit all invoices to the County with supporting documentation acceptable to the Clerk based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. E. Expenses such as travel, per diem, meals, mileage, hotel, or airfare shall be paid according to FI. Statute 112.061 and according to Chapter 2 Administration, Article XXVI Section 2-604 to 2-615 of the Monroe County Ordinances. 5. Fees Waived for Testin~ or Trainin~. During the initial 30 days of this Agreement, AnyTransactions will waive fees for cases created sokly for testing or training for up to one (1) case per Agency employee trained during that period. 6. Proorietarv IlDd Confidential Information. AnyTransactions will provide Agency with access to proprietary and confidential infOlmation and materials, including roboCUPF training, reference and resource materials. AnyTransactions retains all rights to roboCUFF and all associated materials. Agency will allow access to roboCUFP and associated materials only by authoriz~:d Agency employees and will use roboCUFF only to monitor persons under Agency supervision. Agency acknowledges its responsibility to prevent disclosure of proprietary and confidential information about roboCUPF that may compromise the effectiveness of roboCUFF or the commercial interests of AnyTransactions. Upon tennination of this Agreement, Agt::ncy agrees to discontinue using roboCUFF and to return or destroy all materials provided by AnyTransactions under this agreement; Agency obligation to protect such materials shall continue after tennination. Agency may disclose proprietary information as required by court order or as required by law. If the information is required by court order Agency shall give AnyTransactions notice of the order and AnyTransactions may respond as it sees fit. Under no circumstances is Agency required to withhold lawfully requested information under a court order or Freedom of Information Act or public records laws enacted by the County, State or Federal Government. Notice to AnyTransactions shall be made to Eric Tumperi. CEO, 125 Clairemont Ave., Suite 490, Decatur, GA 30030, 404-487-6830, fax:404-687-1152. etumperi@roboclLlff.com. Ver. 2007.05.09.2 g FL16pts AnyTransactions Confidential & Proprietary Corporate: 125 Clairemont Ave., Suite 490, Decatur, GA 30030 404-487-6830 Sales: 344 Maple Avenue West, Suite 250, Vienna, VA 22180 703-242-9400 Fax: 404-687-tI52 Fax: 703-991-2t52 www.robocuff.com saleslWrobocufT.com . i! ,vtransactions roboCUFF License Agreement for Florida 16th Judicial Circuit Court This License Agreement is valid only for government agencies. Palle 2 of 4: Terms and Conditions 7. Rights to Data. Agency retains all rights to data in roboCUFF regarding monitoring of persons under Agency supervision and for which Agency has paid all applicable fees to AnyTransactions. AnyTransactions retains all rights to use all such data independently, with the exception of data that explicitly identifies individual persons in a manner which uses their names, social security number, address, telephone number or in any way explicitly identifies the individual persons. 8. Warrantv. AnyTransactions, its employees, directors, agents, resellers, distributors and other affiliates, shall not be liable and specifically disclaim any responsibility for a) tbe nse of roboCUFF by or on bebalf of Agency, b) any acts of monitored persons, or c) the operation of internet or telephone communications used in connection with roboCUFF. No warranties, whether expressed, implied or inferred, apply to the operation, reliability, availability, or accuracy of roboCUFF or to Agency access to roboCUFF as granted hereunder. 9. Access Codes. Agency will identify each of its personnel who require access to roboCUFF, and AnyTransactions will provide Agency with either a) identification codes and initial passwords for each of those personnel, or b) the ability to generate such codes and passwords. Agency is responsible for securing those user identification codes and passwords for lawful use by the Agency personnel for whom they were provided. Agency must promptly a) terminate access to roboCUFF by its personnel who should not have such access, or b) confirm written notification to AnyTransactions of the need to do so. Agency must notify AnyTransactions of Agency personnel who are authorized to generate (or request generation of) user identification codes and passwords, and to terminate (or request termination of) access to roboCUFF by Agency personnel. - End of Tenns and Conditions- , ,,~r\:., CJJ:y::ti4GL~ 4-) c, (J. MfJM-/ DEPUlYCLEfI.I' Ver. 2007.05.09.2 g FLl6pts AnyTransactions Confidential & Proprietary Corporate: 125 Clairemont Ave., Suite 490, Decatur, GA 30030 404-487-6830 Fax: 404-687.1152 Sales: 344 Maple Avenue West, Suite 250, Vienna, VA 22180 703-242-9400 Fax: 703.991-2152 www.robocutfcom salesrwrobocuff.com __ anytra!actions roboCUFF License A2reement for Florida 16th Judicial Circuit Court This License Agreement is valid only for government agencies. Paee 3 of 4: Fee Schedule (oer Aeencv. site. or sub-eotitv that is seoaratelv billed or confieured) One Time Ai!encv Site Setun roboCUFF Voice Monitoring System Setup (due on contract signing) First day of On-Site Consultation/Training (does not include travel expenses) Second day of On-Site Consultation/Training (if performed the day after the first paid day) $4,500.00/Site $2,000.00/day no charge One-Time Agency Site Setup Fee applies only to the initial term of this Agreement, and is not charged for renewal terms for simila,r services. 100% of the Agency Site Setup Fee is applied as a non-refundable prepaid credit toward any fees or expenses described herein during the initial term of this agreement, HOWEVER it shall not apply toward the monthly fee for roboCUFF Preset Check-in Monitoring OR for any Additional Customization, Consulting and Training Service Fees. Therefore, this prepaid credit WILL apply toward: . up to 300 days of Curfew Monitoring per month for 6 months, OR . any extra days of Curfew Monitoring above 300 days/month. OR . any extra Curfew Check-ins above 5 check-ins per client per day, OR . any extra Preset Check-ins above 6,000 check-ins/month. OR . any travel expenses incurred by AnyTransactions for On-Site Consultation/Training. roboCUFF Preset Check-in Monitorine Up Ito 6,000 check-ins per month (extra check-ins at $O.SO/check-in) $3,000.00/month roboCUFF Curfew Monitorine (includes uo to 5 check-ins oer dav) Up to 300 days of monitoring (extra days at $l.OO/day; extra check-ins at $O.50/check-in) $600.00/month Minimum Fee oer Client oer Month: $4.00 per month (e.g. 2 preset check-ins per week or 2 days of Curfew Monitoring) Monthly "Rollovelr": Paid but unused monitoring days or check-ins in any month will rollover as a non-refundable credit toward fees for extra monitoring days or check-ins or "Additional" services listed below in a future month during the term of this Agreement, and will also carry forward into future terms if this Agreement is renewed at the same or higher usage level. Additional MODi.orin!! Service Fees. if incurred: Cost Recovery fee for each Check-in from a public/pay telephone $2.00/check-in Additional Customization. Consultin!!. and Traininl! Service Fees. as incurred or reauested: Additional Instructor-led training session via Internet (up to 5 participants, including materials) $750.00 Additional Custom Sanction/Intervention Protocols (includes up to 3 protocols at the same time) $1,500.00 Additional On-site Consulting/Training (plus travel expenses; includes materials for up to 15 participants) $2,000.00/day Additional Training/Reference Materials (includes Agency customization and shipping; up to 10 copies) $100.00 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Total Estimated Fees and Exoenses durine initial term: SI8.500.00 I. Site Setup (including 2 days on-site consulting/training)(actual) $6,500.00 2. roboCUFF Preset Check-in Monitoring ($3,000.00/month x 4 months*)(actual) $12,000.00 3. roboCUFF Curf<:w Monitoring ($600/month x 4 months*)(estimated) $2,400.00 4. Extra Check-ins, Extra Monitoring Days, or Additional Fees (estimated) $350.00 5. Travel Expenses (estimated) $750.00 6. Credit OfSi~~~Up Fee<(ap 'cab toward ite~s 3, 4, and 5)(estimated) /) ,/ r--; J /$6,500.00) Sign: / //I.~ Sign: ~ I..;, ~ Date: 0 u - :l.. 0 - 0 7 Date: Mav 9. 2007 Name: Title: Mayor Mario DiGennaro Board of County CommiSS10ners of Mon~oe County, Florida for Floridla 16th Judicial Circuit Court Title: Vice President. Business Develooment for AnyTransactions, Inc. Andrew H. Cohen Name: Ver. 2007.05.09.2 g FL 16pts AnyTransactions Confidential & Proprietary Corporate: 125 Clairemont Ave., Suite 490. Decatur, GA 30030 404-487-6830 Sales: 344 Maple Avenue West, Suite 250, Vienna, V A 22180 703-242-9400 >- ~~~ ..Ji aa: wa: ....0 UJQ t- t.L UJ .... <C <C!< >- I-' 0 >- ~(J)h~!z ;:ja ILl 5 8w ~o" w 1) ~ ~ ~~ a a: ....- .....<1, a:n. "' zn.,u<C,!!. a ",z",1. ",' ::0 <(I ; C Fax: 404-687-1152 Fax: 703-991-2152 www.robocuff.com sales{@robocuff,com I ,f! I T( ,II II \ T J . d! 1 vtransactions 1 . roboCUFF License A2reement for Florida 16th Judicial Circuit Court This License Agreement is valid only for government agencies. Paee 4 of 4: Service Descriotion roboCUFF Preset Cbeck-in inclndes: . Initial setup and configuration of Agency in roboCUFF, including 2 Customized Preset Check-in Protocols; for example, this might include a protocol for 3 check-ins/week (M/W/F), a protocol for 2 check-ins/week (T/Th) . User Accounts for up to 8 Agency personnel . Agency access to roboCUFF via Internet to setup and manage monitoring of Clients and to view and print reports . Agency access to roboCUFF toll-free telephone lines for voice print enrollment and Check-in by Clients . Automatic notifications to designated Agency personnel when each Client becomes eligible for "step-up" or "step- down" according to the criteria defined in the applicable SanctionlIntervention Protocol(s) . 24 hour Customer Service via email and toll-free telephone, including schedule changes via online request . Electronic copies of roboCUFF training and resource materials, and permission for Agency to make unlimited copies of those materials for internal use only by Agency personnel . Proactive analysis and resolution of Client voice verification exceptions by roboCUFF Customer Support personnel who will notify appropriate Agency personnel if further attention or intervention is required . Retention of monitoring records for each Client for 3 years after completion of monitoring, including call details, voice recordings, and case notations, provided that the Agency pays fees totaling at least $250 per month. . Access to all applicable service upgrades and enhancements upon general availability release roboCUFF Curfew Monitorine includes ALL Caoabilities of roboCUFF Preset Check-in Monitorine. PLUS: . Daily Monitoring, up to 5 Check-ins' (random, forced, or pre-set. at home or other locations) per client per day . Initial setup and configuration of I Customized Graduated Sanction Curfew Protocol . Automatic scheduling of random Check-ins according to the conditions defined for each Client Each "Check-in" mav include multiole ohone calls as reouired to comolete the Check-in. as follows: Each Random, Forced, or Ad-Hoc Check-in may include any or all of the following: . An initial notification call by roboCUFF to the Client (same day as Check-in) . At least one notification call retry, if the Client fails to check-in on time (same day as Check-in) . Up to 8 more notification retry calls, if prior attempts encounter a busy signal (same day as Check-in) . A toll-free check-in call from the Client within 10 minutes of the initial notification call . Alert via telephone or email to the designated Agency personnel for a failed Check-in Each Preset Check-in may include any or all of the following: . A toll-free check-in call from the Client to roboCUFF . Alert via telephone or email to the designated Agency personnel for a failed Check-in Each Unscheduled Check-in includes: . A toll-free check-in call from the Client, or on behalf of the Client, to roboCUFF Each Interview Ouestion. Drue Test Notification. Messaee. or Additional Check-in Reminder Notification delivered according to Agency Protocol or as requested by Agency personnel is counted as one (I) of the five (5) included Check-ins (on any day of Curfew Monitoring), or as an "Additional Check-in" (pending general availability release of these capabilities and configuration to Agency requirements). 3: "" <=> 0 <:::1 <=> -'1 - J> -.. 3("")~ <- :-- c:: ;..., Pl r- :,~ r- 0 ::>: C)- r- I 0 co N :-.::) - ::::-, .' ~'-J ...;: ~,-,. " :~.lJ ~<~:,-':- ::J; ;Tj -"1 J: ~ ..-) r- f7) (':) b Pj .r:- ~:7J ,. '-:':1 \D Ver. 2007.05.09.2 g FLl6pts AnyTransactions Confidential & Proprietary Corporate: t25 Clairemont Ave., Suite 490, Decatur, GA 30030 404.487-6830 Fax: 404-687-t t52 Sates: 344 Maple Avenue West, Suite 250, Vienna, V A 22180 703-242-9400 Fax: 703-99t-2t52 www.robocutlcom sales(wrobocuflcom