HomeMy WebLinkAboutGSA Software License Agreement, and Software Maintenance Agreement for SBPD – JusticeTrax, Inc.1316 COUNTY -CITY BUILDING rj j
� �
� ' � PHONE 574/ 235-9251
227 W. JEFFERSON BOULEVARD
tlIFAC
FAX 574/ 235-9171
SOUTH BEND. INDIANA 46601-1 830
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
February 11, 2020
Mr. Jason Pressly
JusticeTrax Inc.
One West Main St.
Mesa, AZ 85201-7307
RE: GSA Software License Agreement, and Software Maintenance Agreement
Dear Mr. Pressly:
The Board of Public Works, at its meeting held on February 11, 2020, approved the above
referenced agreements for eight (8) LIMs software licenses for SBPD to track crime lab
evidence and one (1) year annual maintenance agreement in the amount of $76,425.38.
Enclosed please find the original of the agreements for your signature. Please sign and
return the original agreements to our office and retain a copy for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
GARY A. GILOT ELVABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR
" JusticeTrax Inc. QVOte
dal
One West Main Street
" µ Mesa, AZ 85201-7307 200130AJ P
4802228901
ADDRESS SHIP TO
Chief Lancaster Chief Lancaster EXPIRATION
South Bend Police Department (IN) South Bend Police Department (IN) DATE TOTAL DATE
701 W Sample St 701 W Sample St 01/30/2020
South Bend, Indiana 46601 South Bend, Indiana 46601 06/30/2020
DATE ACTIVITY
01/30/2020 JusticeTrax LIMS-plus Software -GSA Pricing -New Licenses per named user.
01/30/2020 Annual Maintenance - JusticeTrax LIMS-Plus Software - Calculated at 18% of
current undiscounted software license price (ANNUAL/RECURRING FEE)
01/30/2020 JusticeTrax ChainLinx Software - New software license - Per named user
01/30/2020
Annual Maintenance - JusticeTrax ChainLinx Software - Calculated at 18% of
current undiscounted software price (ANNUAURECURRING FEE)
01/30/2020
Crystal Report Software -required for editing existing or creating new reports.
01/30/2020
Custom Crystal Report Development - Five (5) Custom Crystal Report - Up to
four (4) hours development per report.
01/30/2020
Motorola LI 2208 Scanner Multiple Interface Scanner (Scanner Only, Multi -
Interface) - Color: Twilight Black'L12208 has a 5 year warranty. USB Cable and
stand included.
01/30/2020
Zebra ZD620t Direct Thermal -Thermal Transfer Printer (300 dpi) Support ZPL
and EPL Zebra Printer programming languages.f "A single ribbon and roll of
labels is included for configuration/testing. Additional consumables must be
purchased.
01/30/2020
Installation - Remote installation (As long as the operating system is installed and
functioning and connectivity is established with JusticeTrax) ($1,250 per day)
01/30/2020
Configuration/Administrator Training - Domestic Onsite (Travel, lodging and misc.
expenses included)($2,500 per day)
01/30/2020
End User Training - On site training - Travel, lodging and misc. expenses
included ($2,500 per day)
01/30/2020
LIMS-plus Portal setup fee.
01/30/2020
LIMS-plus V3.8 Portal annual fee calculated at 5% of total LIMS-plus License
cost. (ANNUAURECURRING FEE)
Quotes are good for sixty days, unless noted above.
Contact Jason Pressly at jason.pressly@JusticeTrax.com or (480) 222- TOTAL
8960 for questions regarding this quote.
QTY RATE
8 4,295.97
8 773.28
2 2,000.00
2 360.00
1 755.00
1 2,500.00
0 296.00
3 976.00
1 1,250.00
5 2,500.00
AMOUNT
34,367.76
6.186.24
4,000.00
720.00
755.00
2,500.00
0.00
2,928.00
1,250.00
12,500.00
3 2,500.00 7,500.00
1 2,000.00 2,000.00
1 1,718.39 1,718.39
$76,425.39
THANK YOU.
www.JusticeTrax.com I Federal E.I.N. 86-0960454
JusTtceTrax TM
Software Maintenance Agreement for GSA
This Agreement, effective February 11, 2020 is by and between JusticeTrax Inc., having a place of business at I West
Main Street, Mesa, Arizona 85201 (hereinafter "JUSTICETRAX") and the Ordering Activity of SOUTH BEND POLICE
DEPARTMENT (defined as an entity authorized to order under GSA contracts as set forth in GSA ORDER 4800.21-1
ADM), having a place of business at 701 W. Sample St., South Bend, Indiana 4660 1 (hereinafter "Customer").
WHEREAS, JUSTICETRAX is willing to provide, and Customer is willing to acquire maintenance service for the Licensed Software
identified in Appendix A, subject to the terms and conditions hereof.
NOW THEREFORE, the parties hereto agree as follows:
A. Definitions
1. The term "Licensed Software" means the Version of JusticeTraxgLIMS-plus® (object code only) and all appliable software identified in
Appendix A and licensed under the associated Software License Agreement between the parties, including any updates thereto made available to
Licensee under this Agreement, tiny and all additions, enhancenicnis, and modifications fltercto that Juslicel*rax does not market or pries separately
as an addition, modification or upgrade to the Licensed Software, and any and all custom sollware developed for use in connection
with any of the foregoing pursuant to Such Sollware License Agreement.
2. The term "Licensed Documentation" means the Version of JusticeTrax(&LIMS-plus® documentation identified in Appendix A and licensed
under the associated Software License Agreement between the parties, including any updates thereto made available to Licensee under this
Agreement, and any copy or duplicate of any such documentation.
3. The term "Licensed Machine(s)"mcans the servers listed in, Appendix A, by sciial number and site, on which Licensee has the right to use
the Licensed Software, and the number of client devices Set forth in Appendix A, as updated from finic to time pursuant to the associated Sollware
License Agreement between the parties°
4The term "Version" means a periodic release orthe Licensed Software that JUSTICETRAX designates its a, Version. JUSTKJ.TRAX inay
designate sonic Versions as critical to the continuing operation olthe tRensed Software, Any Such critical Versions must be installed on tile
Licensed Machine(s) prior to theannual renewal date of this Agreenlent,
5. The term "Major Defect" means a Licensed Software functionality or feature operation that does not perform on the Heensed klachiflu(s) in
accordance with the Licensed Documentation provided to Customer with the Licensed Sollware, to the extent that tile operation of'the 1,icensed
Software is significantly impaired.
6. '['lie term "Mitior DctccV'means a Licensed Sollwarc functionality or feature operation that does not perform on the Licensed Machine(s) in
accordance with the Licensed Documentation provided to Customer with the Licensed SoIllwarc, to the extent that operation of the Licensed
Software is not significantly impaired and/or the Minor Defect can be worked around by an JUSTICETRAX approved modification until a
correction is obtained.
7. The term "Telephone Support" means Engineering consultation, reasonable in duration and frequency, regarding problem identification,
diagnosis, correction and usage Concerns encountered with the Licensed Software on the Licensed Machine(s). Telephone Support is available
during X5110ETRAX" normal business hours (8:00 a.m. - 5:00 p.m. Mountain Standard Timc) Monday through Friday, except for
JUSTICTI`11AX'l lolidays, tit 1-800-288-LIMS or such other telephone number as JOSTIC11"TRAX may designate in writing to Customer.
8. The term FAR means Federal Acquisiton Regulation.
B. Maintenance Services
1. As long as this Agreement is in force, JUSTICETRAX will provide maintenance services under this Agreement for the most recent Version
of the Licensed Software and the prior Version; provided, however, that maintenance services for the prior Version will terminate one (1) year after
the most recent Version is made available to Customer. Customers will install corrections and Versions in such electronic form as JUSTICETRAX
may provide. Site visits requested by Customer for the purpose of installing corrections or Versions, will result in charges for reimbursement of
JUSTICETRAX' then current service, travel and per them costs.
2. JUSTICETRAX will provide corrections to Major Defects within a reasonable time after they have been reported to, and confirmed by
JUSTICETRAX
3. Corrections for Minor Defects which have been reported to, and confirmed by JUSTICETRAX, may be included in such subsequent Version
as JUSTICETRAX deems appropriate.
South Bend PD JusficeTm Software Maintenance Agreement GSA draft 1-30-2020.docx
4. JUSTICETRAX shall provide Telephone Support during the term of this Agreement. All claims of Major and Minor Defects must be
registered as trouble calls to the Support telephone number referenced herein. Unresolved troubles will be escalated to JUSTICETRAX'
development engineers for resolution.
5. In order to perform diagnostic testing and fault isolation with minimal system interruption, JUSTICETRAX reserves the right to set minimum
configuration requirements for the Licensed Machine(s) and Licensed Software and any necessary third party software.
6. For certain software problems JUSTICETRAX may require that Customer furnish to JUSTICETRAX a test case, client device configuration
and sufficient documentation to allow recreation of the problem, including duplication of the problem on another client device.
7. Subject to Customer's reasonable security and safety rules, JUSTICETRAX shall have reasonable access to, and use of, the Licensed Software
and Licensed Machine(s) to provide the maintenance service required by this Agreement.
8. Customer shall provide JUSTICETRAX with the name, address and telephone number of a designated system administrator and alternate for
each Customer site covered by this Agreement. Customer shall also provide JUSTICETRAX with all information, documentation, technical
assistance and access to the Licensed Machine(s) as JUSTICETRAX may require to perform pursuant to this Agreement. The system administrator
and alternate shall have a working knowledge of the Licensed Machine(s), Licensed Software, and the Customer's operating environment. Only
the system administrator and alternate are authorized to contact JUSTICETRAX for maintenance service. Customer shall immediately notify
JUSTICETRAX of any changes with respect to the name, address or telephone number of the system administrator and alternate.
9. JUSTICETRAX obligations are contingent upon inspection of products and Customer's compliance with this Agreement and the Software
License Agreement. JUSTICETRAX reserves the right to reject for maintenance service any product which has not been on continuous
maintenance service, or has been repaired by Customer or a third party without the prior written consent of JUSTICETRAX. If JUSTICETRAX
rejects a product for maintenance service, Customer shall be responsible for restoring that product to a condition acceptable to JUSTICETRAX
prior to commencement of maintenance service under this Agreement.
C. JUSTICETRAX' Proprietary Rights
1. As also set forth in the Software License Agreement, Licensee acknowledges that the Licensed Software and Licensed Documentation have
been, and will continue to be, developed by JUSTICETRAX at great expense to it, and that such are proprietary to and the confidential property of
JUSTICETRAX. Licensee agrees that it has no ownership rights to the Licensed Software and Licensed Documentation, and that the only rights
it has regarding such products are the limited rights of use granted under the Software License Agreement.
2. JUSTICETRAX shall own the entire right, title and interest in and to all corrections, programs, information and work product conceived,
created or developed, alone or with Customer or others, as a result of or related to the performance of this Agreement, including all proprietary
rights therein or based thereon (collectively referred to herein as "Fixes"). Such Fixes shall become Licensed Software under the Software License
Agreement and Customer shall have a nonexclusive license to use the Fixes pursuant to the terms of the Software License Agreement. Customer
shall treat all Fixes supplied hereunder in the same confidential manner as required for all Licensed Software pursuant to the Licensed Software
Agreement.
D. Excluded Services
MAINTENANCE SERVICE DOES NOT INCLUDE (A) SERVICES CONNECTED WITH RELOCATION OR SYSTEM
RECONFIGURATION (B) SERVICE RESULTING FROM (1) NEGLECT, MISUSE OR ACCIDENTAL DAMAGE OF THE PRODUCTS; (II)
MODIFICATIONS OR REPAIRS PERFORMED BY OTHER THAN A PARTY AUTHORIZED BY JUSTICETRAX; (III) CORRECTION OF
DEFECTS ARISING FROM THE FAILURE OF CUSTOMER TO PROVIDE AND MAINTAIN A SUITABLE INSTALLATION
ENVIRONMENT INCLUDING BUT NOT LIMITED TO PROPER ELECTRICAL POWER, AIR CONDITIONING OR HUMIDITY
CONTROL; (IV) THE SUPPORT OF LICENSED SOFTWARE USED FOR OTHER THAN THE PURPOSES FOR WHICH IT WAS
DESIGNED; (C) THE SUPPORT OF SOFTWARE DEVELOPED BY CUSTOMER OR OBTAINED FROM THIRD PARTIES; OR (D) THE
SUPPORT OF PRODUCTS NOT PROVIDED BY JUSTICETRAX. IF THE LICENSED SOFTWARE IS USED BY CUSTOMER TO
DEVELOP OTHER SOFTWARE, ONLY THE LICENSED SOFTWARE WILL BE MAINTAINED BY JUSTICETRAX.
E. Term and Termination
1. This Agreement shall commence on the effective date and have a term of one (1) year, unless terminated under the FAR. Customer may
extend the current maintenance term by the exercise of options governed by the terms of the GSA schedule contract. Termination of this agreement
is governed by the FAR and the terms of the schedule contract.
F. Relocation of Product
Customer shall, prior to relocation of any product or change of Licensed Machine(s), provide JUSTICETRAX with advance written notice of such
proposed relocation or change. If JUSTICETRAX approves Customer's proposed relocation or change, JUSTICETRAX will perform the services
provided for in this Agreement for such relocation or change. JUSTICETRAX shall perform the deinstallation and reinstallation at its then current
charges or may consent in writing to the deinstallation and reinstallation by Customer or a third party.
G. Fees
1. Customer shall pay the annual maintenance fees quoted and invoiced by JUSTICETRAX. The initial annual maintenance fees shall be
eighteen percent (181%) of the list license revs. Paynient Icrms are governed by tltc GSA schedule contract in accordance with tlac Prompt Payment.
Act. JIJS'I'lCf-'.I'RAX will not adjust maintenance, fees during the first year of this Agreement„ but reserves the right to do,,tr thercafler, however,
any changes must be approved by the authorivcd Contracting OlTier before OSA is bound by any changes to the terms of the agrecotent. Custorner
agrees to keep all proper records regarding the activities contemplated in this Agwreenleni. I1, 1 ICETR A X shall have the right to audit such records,
and Customer's sites as necessary to verify the accuracy of the maintenance fees, unless there are security restrictions. Any such audit shall be
conducted during Customer's regular business hours at Customer's offices and in such manner as to not interfere with Customer's normal business
activities. Customer agrees to fully cooperate with any such audit.
2. If the Customer request services beyond the scope of this agreement, a change order must be executed in writing by both parties and the
schedule contract and FAR would govern the proccd'urc.
3. Payment terms are governed by the schedule contract in accordance with the Prompt Payment Act
4. For who pays all applicable Federal, state, and local taxes and duties is governed by the FAR.
H. Delay
JUSTICETRAX shall not be responsible for failure to render service hereunder or for delay in rendering such service where the failure or delay
results from causes beyond its reasonable control.
I. Disclaimer of Warranty
This clause does not apply to any warranties specified in a contract with the U.S. Government or in any task order issued thereunder. In the event
of a breach of warranty, the U.S. Government reserves all rights and remedies under the contract, the FAR and the Contract Disputes Act.
J. Limitation of Liability
Jt.JS lC l TRA ' LIABILITY LJNDER']'HIS AGRIll MINI' SHALL BE JAMI ld D, AT JLJSfIC,MAA " OPTION, TO THE St_1PPORT,
II PAIR OR RI:PLAC EMIeN1 01" "I'Ill. SOFTWARE( O"V00',I) BY THIS AGRFFMENd" OR TO AN AMOUNT NOT TO EXl:1"111.) THE
C":LDItILIrN'T ANN1JAl, C11ARGI,S PAID tJNDLIt ['HIS AGRI dA11.,,N'r FOR THE SOFTWARE IN QUESTION. IN NO EVENT SHALL
JUSTICETRAX BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF
PROFITS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
This Section shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this Contract
under any federal fraud statute, including the False Claims Act, 31 U.S.C. H 3729-3733. Furthermore, this clause shall not
impair nor prejudice the U.S. Government's right to EXPRESS remedies provided in the Contract (i.e. clause 552.238-72 —Price
Reductions, clause 52.2124(h) — Patent Indemnification, Liability for Injury or Damage (Section 3 of the Price List), and GSAR
552.215-72 — Price Adjustment — Failure to Provide Accurate Information).
K. Miscellaneous
1. This Agreement may not be modified except by written document signed by an authorized representative of each party.
2. 'this is a contract with the US Govenanaent and is subject to the FAR. Venue and jurisdiction of any disputes is determined by the applicable
federal statute (federal tort claims act, contract disputes act, etc.).
3. This Agreement may not be assigned by Customer without the prior written consent of JUSTICETRAX.
4. Al notices rewired or authoria',ecl under this Agreement shall be given in writing and shall be effective upon delivery, if delivered in person
or mailea'I or delivered to the other paarty's address ,as listed herein or to such other address as that party pray provide by advance written notice to
the delivering party.
5. No term of this Agreement shall be considered waived, and no breach excused, by either party unless made in writing. No consent, waiver or
excuse by either party, whether express or implied, shall constitute a subsequent consent, waiver or excuse.
6. If any provision of this Agreement is held by a court ofcoratpetent jurisdiction to be invalid or unenforceable such provision shall be severed
from this Agreement and the remaining provisions cvl11 remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and caused it to be effective on the date first written above.
SOUTH BEND POLICE DAVA µ
,.. o U & µ
BY.........................................°�..�..................—
Name
Title:
Date:
Justi
BY: _
Name:
Title:
Date:
Appendix A
Licensed Software: JusticeTrax®LIMS-plus® (Object Code Only) Version 3_8
Licensed Documentation: JusticeTrax®LIMS-plus® Version 3_8
GSA Pricing Schedule
Maintenance User Licenses Price Per License Total
JusticeTrax LIMS-plus
Software annual maintenance
Calculated at 18% of
Total LIMS-plus license
Cost 81icenses $773.28 $6,186.24
JusticeTrax ChainLinx
Software annual maintenance
Calculated at 18% of
Total ChainLinx license
Cost. 2 licenses $360 $720
LIMS-plus v3.8 Portal
Annual service fee
Calculated at 5% of
Total LIMS-plus license
cost 1 $1,718.39 $1,718.39
Maintenance Total
8 fi24.63
Initial Annual Maintenance Fees are for the above specified number of client devices. Additional client devices
would be subject to additional Annual Maintenance Fees.
5
Jus?tceTrax TM
Software License Agreement for GSA
This Agreement, effective February 11, 2020, is by and between JusticeTrax Inc., having a place of business at 1 West Main Street, Mesa, Arizona
85201 (hereinafter "JUSTICETRAX") and the Ordering Activity of SOUTH BEND POLICE DEPARTMENT (defined as an entity authorized to
order under GSA contracts as set forth in GSA ORDER 4800.211 ADM) having a place of business at 701 W. Sample St., South Bend, Indiana 46601
(hereinafter "Licensee").
A. Definitions
1. The term "Licensed Software" means the version of JusticeTrax®LIMS-plus® (object code only) and all applicable software identified in
Appendix A and licensed hereunder, including any updates thereto made available to Licensee under an associated Maintenance Agreement, any and
all additions, enhancements, and modifications thereto and any and all custom software developed for use in connection with any of the foregoing
pursuant to this Agreement.
2. The term "Licensed Documentation" means the version of JusticeTrax®LIMS-plus® documentation identified in Appendix A and licensed
hereunder, including any updates thereto made available to Licensee under an associated Maintenance Agreement, and any copy or duplicate of any
such documentation.
3. The term "Licensed Machine" means the servers listed in Appendix A, by serial number and site, on which Licensee shall have the right to use
the Licensed Software, and the number of client devices set forth in Appendix A, as updated from time to time pursuant to Section E(1).
4. The term FAR means Federal Acquisiton Regulation.
B. Licensed Software
Upon and subject to the terms and conditions of this Agreement, JUSTICETRAX hereby grants to Licensee a perpetual, nonexclusive, nontransferable
license to use one copy of the Licensed Software on the number of client devices set forth in Appendix A. Licensee may use the Licensed Software for
internal purposes only and may not sublicense, or otherwise transfer it to others or permit others to access it or use it. Licensee further agrees that it
will not reverse engineer, decompile or otherwise attempt to discern the source code for the Licensed Software. Licensee may not modify the Licensed
Software. No other, further or different license rights are granted for the Licensed Software, except as expressly set forth in this Agreement.
C. Licensed Documentation
JUSTICETRAX hereby grants to Licensee a nonexclusive, nontransferable license to use the Licensed Documentation with the Licensed Software. No
other, further or different license rights are granted for the Licensed Documentation, except as expressly set forth in this Agreement.
D. Copies
Licensee may make a reasonable number of copies of the Licensed Software for each Licensed Machine for back-up and archival purposes. The
Licensed Documentation may be copied by Licensee for its sole use at the site(s) identified in Appendix A. Licensee agrees that the Licensed Software
and Licensed Documentation, and all copies thereof shall remain the sole property of JUSTICETRAX. Licensee shall include on all copies of the
Licensed Software and Licensed Documentation the proprietary legend and copyright notice that appears on the Licensed Software and Licensed
Documentation, respectively.
E. Fees
1. Licensee agrees to pay to JUSTICETRAX the license fees and service charges (collectively, the "Fees") specified in the GSA schedule contract
in consideration of the agreement of JUSTICETRAX to grant the license and provide the services specifically described herein. The license fee is a
per client device fee and Licensee agrees to notify JUSTICETRAX immediately when there is an increase in the number of client devices which have
access to the Licensed Software so the proper Fees may be charged. JUSTICETRAX shall have the right to audit the number of client devices that
have access to the Licensed Software, unless there are security restrictions and Licensee agrees to cooperate fully with JUSTICETRAX in any such
audit and, if any such audit reveals client devices that should have been added to Appendix A, to pay the requisite Fees for such client devices.
2. If the Customer request services beyond the scope of this agreement, a change order must be executed in writing by both parties and the schedule
contract and FAR would govern the procedure.
3. For who pays all applicable Federal, state, and local taxes and duties is governed by the FAR.
4. Payment terms are governed by the schedule contract in accordance with the Prompt Payment Act.
5. Interests will be paid in accordance with the Prompt Payment Act at the rate set by the U.S. Treasury for any payments due JUSTICETRAX
hereunder which are not paid when due.
South Bend PD JusticeTrax Software License Agreement GSA draft 1-30-2020.docx0l Sep 2016
F. Protection of JUSTICETRAX' Proprietary Rights
1. Licensee acknowledges that the Licensed Software and Licensed Documentation have been, and will continue to be, developed by JUSTICETRAX
at great expense to it, and that such are proprietary to and the confidential property of JUSTICETRAX. Licensee agrees that it has no ownership rights
to the Licensed Software and Licensed Documentation, and that the only rights it has regarding such products are the limited rights of use granted
hereunder.
2. Licensee agrees to keep the Licensed Software and Licensed Documentation confidential, and not disclose them or otherwise make them available
in any form, in whole or in part, to any person other than those employees of Licensee who have a need to know such information, and are obligated to
Licensee to keep it confidential.
3. Licensee shall notify JUSTICETRAX immediately of the possession or use of the Licensed Software or Licensed Documentation by any person
or entity not authorized by this Agreement to have such possession, use or knowledge and shall assist JUSTICETRAX and cooperate as necessary to
stop and prevent the recurrence of such possession, use or knowledge.
4. Licensee acknowledges that the performance of this Agreement may result in the development of new concepts, methods, techniques, know-how,
processes and/or adaptations which become part of or in any manner whatsoever relate to the Licensed Software or Licensed Documentation shall be
and remain the exclusive property of JUSTICETRAX and are hereby assigned by Licensee to JUSTICETRAX and Licensee shall assist
JUSTICETRAX, at JUSTICETRAX expense, in obtaining evidence of title and ownership therein.
G. Installation and Acceptance
1. JUSTICETRAX shall deliver the Licensed Software (object code only) and Licensed Documentation at the time JUSTICETRAX installs the
Licensed Software on the Licensed Machines.
2. Licensee shall have deemed to have accepted the Licensed Software at such time as installation has been completed at Licensee's location,
unless such Licensed Software materially fails to conform to the Licensed Documentation; and Licensee provides JUSTICETRAX with notice of and
states the manner in which such Licensed Software fails to conform to the Licensed Documentation.
H. Limited Warranty
1. JUSTICETRAX warrants that the Licensed Software will operate in substantial conformance with the Licensed Documentation under normal
use for a period of ninety (90) days from the date of acceptance of the Licensed Software by Licensee pursuant to Section G(2).
2. JUSTICETRAX shall use commercially reasonable efforts to promptly correct any nonconformity found in the Licensed Software of which
JUSTICETRAX receives written notice of by the Licensee during the warranty period. Licensee shall cooperate with JUSTICETRAX in correcting
any such nonconformity. This clause does not apply to any warranties specified in a contract with the U.S. Government or in any task order issued
thereunder. In the event of a breach of warranty, the U.S. Government reserves all rights and remedies under the contract, the FAR, and the Contract
Disputes Act.
3. Licensee shall reasonably cooperate with JUSTICETRAX in connection with the performance by JUSTICETRAX hereunder and Licensee
acknowledges that such performance depends in part on such cooperation and that Licensee's failure to so cooperate may hinder, impede or excuse
JUSTICETRAX' performance hereunder.
4. Any further service provided after expiration of the warranty period shall be provided solely pursuant to the terns of a valid in -force
Software Maintenance Agreement between the parties. THE LICENSED SOFTWARE AND LICENSED DOCUMENTATION ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, AND JUSTICETRAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, unless stated otherwise in the schedule contract, FAR or Contract Disputes Act. This clause does not limit or disclaim any of the
warranties specified in the GSA Schedule 70 contract under FAR 52.212-4(o). In the event of a breach of warranty, the U.S.
Government reserves all rights and remedies under the contract, the Federal Acquisition Regulations, and the Contract Disputes
Act, 41 U.S.C. 7101-7109.
I. Limitation of Remedies
JUSTICETRAX entire liability and Licensee's exclusive remedy, for breach of warranty shall be the replacement of any defective Licensed Software
media when it is returned to JUSTICETRAX, unless stated otherwise in the schedule contract, FAR or Contract Disputes Act. IN NO EVENT SHALL
JUSTICETRAX BE LIABLE FOR ANY DAMAGES FOR LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION, OR OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF THE
USE OF OR INABILITY TO USE THE LICENSED SOFTWARE OR LICENSED DOCUMENTATION, EVEN IF JUSTICETRAX HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. JUSTICETRAX' TOTAL
LIABILITY UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT OR TORT, SHALL NOT EXCEED THE LICENSE FEES PAID
HEREUNDER.
This Section shall not impair the U.S. Government's right to recover for fraud or crimes arising out of or related to this Contract
under any federal fraud statute, including the False Claims Act, 31 U.S.C. §§ 3729-3733. Furthermore, this clause shall not impair
nor prejudice the U.S. Government's right to EXPRESS remedies provided in the Contract (i.e. clause 552.238-72 — Price
Reductions, clause 52.212-4(h) — Patent Indemnification, Liability for Injury or Damage (Section 3 of the Price List), and GSAR
552.215-72 — Price Adjustment — Failure to Provide Accurate Information).
J. Source Code
JUSTICETRAX will provide the source code for the LIMS Code to Licensee if JUSTICETRAX no longer offers maintenance service for the LIMS
Code, there is no successor maintenance provided to JUSTICETRAX for the LIMS code, and neither this Agreement nor an associated Maintenance
Agreement have been terminated by either party or breached by Licensee. Licensee shall keep such source code confidential, will not disclose it to
others and will only disclose it to those of its employees having a need to access such source code for the purpose of maintaining the LIMS Code.
Licensee shall use such source code only for the purpose of maintaining the LIMS Code and may not license or otherwise transfer the source to third
parties.
K. Termination
1. Termination of this agreement is governed by the FAR and the terms of the schedule contract. However, if not defined in the schedule contract or
FAR, below are the terms of the termination.. In the event of any such termination Licensee shall, within seven (7) days of termination of this
Agreement„ return the. licensed Software and Licensed Documentation, and all copies thereof, to J JS'l°ICIa"I`1tAX„ and erasc or destroy .all electronic,
machine and otherstorage media copic,s of the Heensed Sollwarc and licensed Documentation and provide JI.ISTICETIIAX with a certification by
an officer of Licensee, of such return, erasure and destruction.
2. The expiration or termination of this Agreement shall be without prejudice to any rights of JUSTICETRAX against Licensee and such expiration
or termination shall not relieve Licensee of any of its obligations to JUSTICETRAX existing at the time of expiration or termination.
M. Force Majeure
If the performance of JUSTICETRAX hereunder is delayed or prevented at any time due to circumstances beyond the control of JUSTIf"F.'1"11A '„.
including„ without limitation, those resulting from labor disputes,„ Iirc, floods, riots, civil disturbances, weather conditions, control exercised by a
governmental entity, unavoidable casualties or acts of God or a public enemy, the performance of JUSTICETRAX shall be excused until such condition
no longer exists.
N. Year 2000
JusticeTrax LIMS-plus® stores dates with a four digit year enabling it to distinguish dates at or beyond the turn of the century.
O. Miscellaneous
Any modification of this Agreement must be in writing and signed by a duly authorized representative of each party. The terms of the schedule contract,
the terms of the applicable Larder and this Agreement represents the entire agrcement between the parties regarding the subject matter hereof and it
supersedes all proposals and prior agreements or understandings of the parties regarding such matter. Terms and conditions contained in any Licensee
ordering document submitted pursuanthereto shalt not modify this Agreement in any way, In the event that any terra hereof is held invalid, illegal or
unenforceable„ it shall be severed from this Agreement without affecting the validity, legality and enforceability of the remainder thereof. Headings
used to identify the various sections ofdds Agreement are for convenience only and shall not be used to construe or interpret this Agreement. Licensee
may not assign this Agreement without the prior written consent of JUSTICETRAX, and any such unconsented assignment shall be void. This is a
contract with the US Government and is subject to the FAR. Venue and jurisdiction of any disputes is determined by the applicable federal
statute (federal tort claims act, contract disputes act, etc.).
IN WITNESS WHEREOF, the parties hereto have executed this Agreement and caused it to be effective on the date fast written above.
SOUTH BEND POLICE DEPARTMENT
Name:
JUSTICETRAX INC.
m
El
Appendix A
Licensed Software:
JusticeTrax° LIMS-plus®
(Object Code Only)
Version 38,
Licensed Documentation:
JusticeTrax° LIMS-plus®
Version 38
GSA Price Schedule:
Software
Users Licenses
Price Per License
Subtotal
Total
JusticeTrax LIMS-plus
Software
8licenses
$4,295.97
$34,367.76
JusticeTrax ChainLinx
Software
2 licenses
$2,000
$4,000
Crystal Report Software
1 license
$755
$755
LIMS-plus Portal setup
1
$2,000
$2,000
Software Total
$41,122.76
Services
Days
Eqe Da :
Subtotal
Remote Installation of
All software
1 day
$1,250
$1,250
Custom Crystal Reports
Development
5 reports
$2,500
$2,500
Service Total
$3,750
]Erginlng
Days
Fee/Day
Subtotal
Configuration/Administrator
Training-Onsite
5 days
$2,500
$12,500
End User Training-Onsite
3 days
$2,500
$7,500
Tralnln Total
$20,000
Hardware
Units
Amount
Subtotal
Zebra ZD620t Direct Thermal
Transfer Printer (300 dpi)
Support ZPL and EPL
3 units
$970
$2,928
Hardware Total $2,928
Total Software Services Tralnin
and Hardware 67 Q0.7
5
701 W. SAMPLE STREET
SOUTH BEND, 1NDIANA 46601-2890
CITY OF SOUTH BEND
JAMES MUELLER, MAYOR
PHONE 574/235-9311
FAx 574/288-0268
SOUTH BEND POLICE DEPARTMENT
SCOTT A. RUSZKOWSKI, CHIEF OF POLICE
Board of Public Works January 27, 2020
City of South Bend, Indiana
Honorable Board Members,
The South Bend Police Department is requesting Board approval to purchase ten (10) software licenses
for JusticeTrax Laboratory Information Management System (LIMB). JusticeTrax LIMB is a
comprehensive case management software tool that integrates evidence tracking, analytical results and lab
management information. It allows for outside agencies to request lab work remotely through a secure
internet connection. This is the same system used by the Indiana State Police as well as numerous other
forensic laboratories. The system is quoted at GSA pricing. The cost of the initial system and first year
of maintenance would come from 2019 grant funding. The annual cost of maintenance after the first year
is $7765.43.
TX�you
,,
c
Mark Dollinger
Director of Logistics & Purchasing
South Bend Police Department
S ERVICE BRAVERY RIDE EDICATION
OPINION OF PROGRAM ADMINISTRATOR* THAT MWBE GOAL SETTING UNDER
SOUTH BEND MUNICIPAL CODE CHAPTER 14.5 IS NOT REQUIRED
Date: f jWG✓1�
Date of Board of Public Works or Other Approving Body (Specify) Meeting:
Company or Vendor:
City Department
City Project Manager: ,
Total Expenditure for Contract: Sl%
ez
Project Name:... t-Z ? ►°" . r
Project Number:
Additional Continents:
I hereby certify that the above project does not require goal setting under the terms of South
Bend's Inclusive Procurement and Contracting Ordinance #10693-19, as codified in Chapter 14.5
Article 2, Section 14.5-3 of the South Bend Municipal Code.
Signature
ve
Michael Patton
Program Administrator
*Program Administrator means the person designated by and reporting directly to the Mayor to support the City's
inclusion, diversity, equity, and access goals.
Opinion of Program Administrator Form
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 01-30-20
Name Mark Do
BPW Date 02-11-20
Department SBPD
Phone Extension 7677
. .............. . . . ..... . ..... .... ... . .......
Required Prior to Submittal to Board
Diversity Compliance Officer Name Michael Patton
and Inclusion Officer
BPW Attorney Attorney Name Clara McDaniels
Dept. Attorney Attorney Name Geovanny Martinez
Purchasing Daniel Parker
Check the Appropriate Item 'fype —
[] Professional Services Agreement 0 Contract
❑ Open Market Contract
El
Amendment/Addendum
❑ Bid Opening
[:]
Bid Award
Quote Opening
El
Quote Award
❑ Proposal Opening
L]
C/O & PCA No.
F] Chg. Order, No.
F]
Traffic Control
F1 Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
JusticT
Yes....,
Information
Inc.
All Submissions
Proposal
Special Purchase, QPA
Req. to Advertise
E] Reject Bids/Quotes
E] PCA
F1 Resolution
E] Ease./Encroach
If Yes, Approved by Purchasing
0 Title Sheet
F] No
Eln MBWBE E Completed E-Verify Form Attached nNos
South Bend Police Crime Lab Laboratory Information Management
—§yLte—nl: — - . ........... . . .
2019 JAG Grant, 2019 PSN Grant
295-8192-421.43-06
Amount $76,425.39,A64,41 2019 JAG Grant),_($12,006.39 2019PSN Grant)_
Terms of Contract 8 software licenses and lyr of annual maintenance. GSA
Purpose/Description The South Bend Police Pppgftngp1 LqcLi4!qstsBPW approval of the purchase
ol'a new LlMs system to track Crime Lab evidence pr(icessing and maintain
chain of custody for court. The sy .ApepLi is quoted at GSA pricing.
Amount of Increase
Decrease
Previous Amount $
Increase
%
Current Percent of Change:
Decrease
New Amount
$
Increase
Total Percent of Change:
Decrease
%
Time Extension Amount:
New Completion Date: