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HomeMy WebLinkAbout09401RESOLUTION NO. 9401 A RESOLUTION AWARDING A SOFTWARE DEVELOPMENT, SOFTWARE LICENSING AND SERVICES AGREEMENT IN THE AMOUNT OF $9,300.00 TO CHRISTOPHER BOZEMAN, FOR THE DESIGN, DEVELOPMENT AND INSTALLATION OF A WEB SERVER AND DATABASE FOR AN AUTOMATED JUVENILE REFERRAL TRACKING SYSTEM FOR THE CITY OF PUEBLO MUNICIPAL COURT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The agreement to develop software, license the use of the software and provide services for said software and pay for said software, license and services from the Juvenile Accountability Incentive Block Grant funds in the amount of $9,300.00 to Christopher Bozeman, a copy of which is attached hereto and incorporated herein, having been approved as to the form by the City Attorney, is hereby approved and accepted. The President of the City Council is hereby authorized to approve the awarding of the agreement in the name and behalf of the City. SECTION 2 The funds used to pay for the software, hardware, license and services shall be paid from Project #99- JB- 10 -05, Account No. 255 -95 15- 600.60 -11, PD0013. INTRODUCED September 24, 2001 ncilp APPROVED: City Council ATTESTED BY: City rk ED LD Background Paper for Proposed RESOLUTION fi"'O. * C)e-lo I AGENDA ITEM # 1 -5 DATE: SEPTEMBER 17, 2001 DEPARTMENT: MUNICIPAL COURT TITLE A RESOLUTION AWARDING A SOFTWARE DEVELOPMENT, SOFTWARE LICENSING AND SERVICES AGREEMENT IN THE AMOUNT OF $9300.00, TO CHRISTOPHER BOZEMAN, FOR THE DESIGN, DEVELOPMENT AND INSTALLATION OF A WEB SERVER AND DATABASE FOR AN AUTOMATED JUVENILE REFERRAL TRACKING SYSTEM FOR THE CITY OF PUEBLO MUNICIPAL COURT. ISSUE Should the Resolution awarding this agreement for an automated Juvenile Tracking System to Christopher Bozeman for $9300.00 be approved? RECOMMENDATION Awarding of agreement to Christopher Bozeman , for the amount of $9300.00, for the development of software, licensing and services agreement and requisite computer hardware installation. BACKGROUND The City of Pueblo, Municipal Court processes approximately 400 to 450 juvenile offender cases per calendar quarter. Ninety -five percent (95 %) of the individuals involved in the cases are ordered to complete services provided by outside institutions or comply with requirements managed, maintained or supervised by other institutions, such as local school districts and social services agencies. The court intends to improve the communications between it and referral agencies to reduce the time juvenile offenders take to complete ordered services and to address lapses in maintaining compliance with court requirements. The system will enable providers and institutions to immediately notify the Court through the Internet of client contacts, progress, status, updated index information, and non - compliance. Immediate notification will enable timely sanctioning of non - compliance as well as increasing levels of sanctions and supervision for patterned and documented failures to comply. The system will also reduce redundant paper processing. FINANCIAL IMPACT Funds for this project will be paid from the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention (OJJDP), Juvenile Accountability Incentive Block Grant, second year funds, referred to as Project # 99-JB -1005, Account No. 255 - 9515- 600.60 -11 PD0013. Attached is the bid summary showing that competitive bidding was used to select the vendor and a copy of the proposed contract. (There is no bid summary nor agreement attached herewith as the contract has not been awarded as yet. Bids will be reviewed and a proposed contract recommended on September 21, 2001) CW 0 SOFTWARE DEVELOPMENT, SOFTWARE LICENSE, AND SERVICES AGREEMENT THIS AGREEMENT is entered into this 24th day of September, 2001, by and between Christopher Bozeman, with its principal place of business at: 8053 E. Birch, Rye, Colorado 81069 (hereinafter referred to as "Vendor ") and the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003, (hereinafter referred to as "Customer "). Vendor and Customer agree that when this Agreement is signed by authorized representatives of both parties, all terms, conditions and requirements contained in this Agreement, the Request For Proposal and Vendor's Proposal will apply with respect to Vendor providing hardware, software development, software licenses, software support and other services to Customer. Generally, Vendor shall: 1. Timely develop, furnish and license to Customer the software application product modules and software programs identified in Vendor's Proposal and the Supplement(s) to this Agreement. 2. Grant to Customer a nonexclusive, nontransferable license to use the Licensed Programs on Vendor supplied or approved equipment (including replacement equipment therefor). 3. Support service(s) as described herein, including the Supplement(s), and in Vendor's Proposal. 4. Provide modifications, training, data conversion and project management services as described herein, in Vendor's proposal, and in the Supplement(s) to this Agreement. 5. Furnish, install, test and integrate the hardware identified in the Supplements and Exhibits attached to this Agreement. Upon completion of Vendor's Software Development and its furnishing of hardware, software application product modules and software programs to Customer, including successful testing thereof, the Customer agrees to accept responsibility for: 1. Use of the programs to achieve the Customer's intended results. I. DEFINITIONS. "Licensed Program(s)" shall mean a licensed data program or set of programs, or routines and subroutines, consisting of a series of instructions or statements in machine readable object code form and any related licensed program materials provided for use in connection with the program. Unless otherwise provided herein, the term "Licensed Program(s)" shall refer solely to software application product modules and software program(s) furnished by Vendor under this Agreement. "Machine" or "CPU" or "Hardware" shall mean particular computer hardware, or any class or type of computer hardware, designated, supplied or approved by Vendor for operation of any Licensed Program(s). -1- "Source Code" shall mean a copy of the computer programing code in human- readable form and related system documentation, including updates, applicable enhancements, and all pertinent commentary as well as any procedural code such as job control language. "Object Code" shall mean a copy of the computer programming code assembled or compiled in magnetic or electronic binary form on software media, which are readable and usable by machines, but not generally readable by humans without reverse assembly, reverse compiling, or reverse engineering. "Installation Date" shall mean the date that the Licensed Program(s) are installed/loaded on a designated machine. "Delivery Date" shall mean the date that the Licensed Program(s) and the software documentation therefor have been received by the Customer. For services, the "Delivery Date" refers to the date services are performed. "Acceptance" shall mean that the installed /loaded Licensed Program(s) have gone through the program testing and acceptance period as described in Section VI, and have been found by Customer to be functioning in accordance with the performance requirements for same as set forth in the Request for Proposal and Vendor's Proposal. "Support Services" shall mean the maintenance and support call services provided to Customer for the Vendor Licensed Program(s). "Request For Proposal" shall mean the City of Pueblo, Colorado Request For Proposal No. 01 -081 Automated Juvenile Referral Tracking System (AJRTS) opened September 20, 2001. "Vendor's Proposal" shall mean the Proposal submitted by Vendor dated September 20, 2001, in response to the Request for Proposal as modified by Agreement. II. LICENSE. The license granted under this Agreement permits the Customer, subject to the provisions of Section VIII, IX, X and XII of this Agreement to: a. Make use of the Licensed Program(s) on any designated Machine(s), CPU(s) and Hardware (and on any replacement machines, CPU's and hardware if the designated machines are removed from service and replaced with other equipment), or on any designated class of machine(s), CPU(s) and Hardware. b. Copy the Licensed Program(s) in machine readable object code form to provide sufficient working and archival copies to support the Customer's use of the Licensed Program(s) as authorized under this Agreement. C. Transfer the Licensed Program(s) to a back up machine(s), CPU's and Hardware to be used when the designated machine(s), CPU's or Hardware, or any part thereof, is temporarily inoperable. -2- d. Modify any Licensed Program(s), including the source code therefor, to form an updated software application product module or software program work for the Customer's use. Have access to a copy of the Licensed Program(s). Unless otherwise provided herein, the Licensed Program(s) are provided in and may be used in both source code and machine- readable object code. f Make public disclosures concerning the fact that Customer is using or has used the Licensed Program(s) including reporting of Customer's experience in doing so. Such disclosures may also contain benchmarking results, if any. III. TERM. Unless otherwise specifically terminated or canceled as provided in this Agreement, the term of this Agreement with respect to software licenses, including, without limitation, the licenses granted herein with respect to the Licensed Program(s), shall commence on the effective date of this Agreement and shall continue in perpetuity. This Agreement is effective from the date on which it is signed by both parties and will remain in effect until terminated by the Customer upon thirty (30) days prior written notice or by Vendor as stated in this section. Termination of the Software License provisions of this Agreement by Customer may be exercised independently of termination of support services and all other provisions of this Agreement. Notice of discontinuance of any or all licenses shall not be considered notice of termination of this Agreement unless specifically stated. License(s) granted under this Agreement may be discontinued by the Customer upon written notice, effective immediately, during the testing period described in Section VI. Vendor may terminate this Agreement, except with respect to software licenses granted to Customer, upon ninety days prior written notice only if the Customer materially fails to comply with the terms and conditions of this Agreement and fails within said time to cure any such failure. Any outstanding responsibility of the Customer provided under this Agreement shall not be invalidated due to the expiration, termination or of this Agreement. Vendor may not terminate or revoke the license granted herein with respect to Licensed Program(s) except for non - payment of the one time license fee and for material breach of the provisions of Section VIII hereof. IV. VENDOR SUPPLIED PRODUCT(S) AND /OR SERVICES Vendor shall supply the Licensed Program(s) specified in the Supplement(s) in both source code and machine readable object code form. Vendor shall also provide Customer with instructions for installation of the Licensed Program(s) by the Customer, or Vendor shall install the software if so provided by the RFP, Proposal or in the Supplement(s). Standard form options, if applicable, will be provided by Vendor. In addition Vendor shall supply related services and /or maintenance, and will supply specialized hardware or other third parry products necessary for the performance of certain special features or functions. These services and deliverables, if any, shall be identified and are more C:4,NtY DOCUNENTSTONTR4CTS\SOFTWARE DEVELOPMENT AGREEMENTMOC -3- specifically described in Vendor's Proposal and the Supplement(s) and Exhibits hereto. V. PRICING AND PAYMENT TERMS. All pricing and terms associated with Licensed Program(s) and any other Vendor products and services are specified in the Proposal and Supplement(s) to this Agreement. Unless specified to the contrary, prices quoted in the Supplement(s) to this Agreement are valid for one hundred twenty (120) days from the date of execution of this Agreement. Vendor may increase its prices without notice only on items not provided for in the Supplement(s). Fees for Vendor Support Services are payable within thirty (30) days after customer's receipt of an invoice for all Support Services described in an invoice which has been provided prior to the date of the invoice. Fees payable to third parties, not associated with Vendor, if any, for support services for any third party products provided for under this Agreement shall be payable to and in accordance with the provisions of any agreement between Customer and the third party unless otherwise specified in the Supplement(s). Customer is a Colorado home rule city exempt from payment of sales and use taxes. Vendor will accept an exemption certificate from the Customer in lieu of taxes. Such exemption certificate will be provided to Vendor within a reasonable time after request. VI. LICENSED PROGRAM TESTING AND ACCEPTANCE Beginning on the date ten (10) days after delivery of the Licensed Program(s) by Vendor, or, if Vendor is to install the Licensed Program(s), beginning three (3) days after installation is complete, the Licensed Program(s) will be available for non - productive use for testing for an additional period of thirty (30) days. This thirty day testing period is to determine whether the Licensed Program(s)' functions operate together and whether the Licensed Program(s) meet the Customer's specifications and /or requirements. At any time during the testing period or within ten (10) days thereafter, upon written notice, the Customer may discontinue the Licensed Programs) and receive full credit or refund for the full amount of the license fee. If written notice of discontinuance is not received by Vendor prior to the date ten days following the end of the testing period, the Licensed Program(s) shall be deemed to be accepted under the provisions of this Agreement. VII. LICENSED PROGRAM SERVICES. Training on Vendor Licensed Program(s), if necessary, will be provided for as stated in the Supplement(s) and will be invoiced as incurred after the completion of each training session at the rate specified in the applicable Supplement(s). If no training charges are itemized in the Supplement(s), such training shall be deemed included in the price paid for the license fee paid for the applicable Licensed Program(s). Additional training shall be provided upon request of the Customer at the Vendor's then prevailing rate, provided such rate is commercially reasonable. CAMY DOCUMENTSTONTRACTMOFTWARE DEVELOPMENT AGREEMENT.DOC - ^ - Conversion of City's existing data, if any, shall be performed by Vendor as specified in Vendor's Proposal and the Supplement(s) to this Agreement and will be invoiced as incurred at the rate specified in Vendor's Proposal and applicable Supplement(s). Modifications, if any, for work beyond the scope of Vendor's Proposal will be as provided for in the Supplement(s). Vendor shall provide the Customer with the Support Services listed below for the Vendor Licensed Program(s) for such period as may be listed in the Supplement(s), and commencing one hundred twenty (120) days after delivery of the Licensed Program(s). Thereafter, the Services will be provided on a year -to -year basis provided the Customer exercises the option to do so and pays Vendor's annual support fee, if any. The software licenses granted to Customer herein for Licensed Program(s) shall not be affected by Customer's discontinuation of Support Services from Vendor at any time. Support Services Support for the Automated Juvenile Referral Tracking System (AJRTS) will be handled by two parties: the Vendor and server manufacturer. Vendor will support the AJRTS as defined in the System and Application Design of the proposal and Dell (or the computer manufacturer selected by the City), by and through its product warranties and purchased extended warranties, will support the server hardware used for the PC servers on which the AJRTS application runs. System and Application Support: Vendor will provide the support services listed after the AJRTS has been delivered and completed for one hundred twenty (120) days. • Telephone support line; Business hours, Monday — Friday, 8:00 am — 5:00 pm • Off -hours support via pager • Electronic support via e -mail • Product updates and new releases of the Licensed Program • Two -hour response time to calls, under normal conditions • Error corrections as made • Next day on -site support Support for the operating system will be provided for six (6) months after installation and includes: • Telephone support line; Business hours, Monday — Friday, 8:00 am — 5:00 pm • Electronic support via e -mail Two -hour response time to calls, under normal conditions • Security updates as released and required, provided by remote access Additional or extended support features may be purchased as needed by the City. Support beyond the initial one hundred twenty (120) days may be purchased on a year -to -year basis. C:\MY DOCUN4ENIS \C0NTRACTS \S0FTWARE DEVELOPbMNT AGREEMENT.DOC -5- Support requests for the first one hundred twenty (120) days after delivery of the Licensed Program(s) shall be directed to the appropriate Vendor project manager or trainer. Upon commencement of the Vendor Support Services, telephone support will be provided using a dedicated support telephone number, and the Customer must have Electronic Customer Support installed. Support requests relating, if applicable, to third party hardware or software will be directed to the Vendor of such products unless otherwise provided for in the Supplement(s). Unless otherwise stated herein or in the Supplement(s), Vendor shall assume no responsibility for the pricing of, payment to, or provision of support services of any third party Vendors. During any period when Vendor is providing support services to Customer,. shall obtain written authorization from Vendor before attaching to the computer system any equipment not supplied or approved by Vendor. Authorization shall not be withheld unless said equipment will cause operational damage to the system, or require undue system support from Vendor. In the event of the failure of any hardware component or other third party product supplied under this Agreement to function or operate in conformance with specifications, Vendor shall have no obligation for warranty beyond that of the hardware or other third party manufacturer or that specified in the Supplement(s). After completion of all of Vendor's services under this Agreement, Customer may obtain Support Services for subsequent annual periods from any competent firm or consultant selected by Customer; provided, however, that before permitting access to Licensed Program(s), if requested by Vendor, Customer shall require any provider of such Support Services to sign an instrument agreeing to be fully bound to the provisions of Section VIII of this Agreement. Hardware Support: The purchasing of the server hardware, as recommended in the Hardware Configuration section of Proposal, includes Dell's three -year bronze, next business day on -site support. Various degrees and coverage of support plans may be purchased from Dell. VIII. PROTECTION AND SECURITY OF PROPRIETARY MATERIALS The Customer acknowledges that the Licensed Program(s), including the source code (if applicable), design specifications and associated documentation of the Licensed Program(s), (the "Vendor Proprietary Information") constitute proprietary information and trade secrets of Vendor and will remain the sole property of Vendor. The Customer agrees that, except as otherwise permitted in this Agreement, it shall not at any time sell, assign, transfer or otherwise make available to, or allow use by, a third party any of the Vendor Proprietary Information. The Customer shall hold in confidence the Vendor Proprietary Information for its benefit and internal use only by its employees, agents and contractors. C:\MY DOCUMENTS\CONTFACTS \SOFTWARE DEVELOPMENT AGREEMENTDOC - G - ll IX. WARRANTY Vendor warrants that for a period of two years after acceptance, as provided for in Section VI, the Vendor Licensed Program(s) listed in the Supplement(s) will perform in substantial compliance with the requirements of the Request For Proposal and Vendor's Proposal, and to the extent not inconsistent therewith, the reference documentation supplied by Vendor. Vendor shall be responsible only for the Licensed Program(s) and products as originally supplied and accepted by Customer, and for changes made to the Licensed Program(s) by Vendor's authorized representatives. Vendor will not be responsible for the consequences of attempts at changes or modifications to the products and Licensed Program(s) made by the Customer or any other unauthorized party. Vendor warrants that it has the right to license the Vendor Licensed Program(s) listed in the Supplement(s) and that the Vendor Licensed Program(s) does not infringe any intellectual property of any third party. Vendor agrees to indemnify, defend and hold Customer harmless against expenses, including reasonable attorneys' fees, and liability arising from any claim of infringement related to Vendor Licensed Program(s) provided Vendor shall have the right to control the defense or settlement of any such claim. If use of the Vendor Licensed Program(s) by the Customer is enjoined by any infringement proceeding, Vendor shall, if possible, obtain without further expense to Customer the right of License for the Customer to use the Vendor Licensed Program(s) or if that is not possible, Vendor shall refund to the Customer the license fee(s) paid under this Agreement for the particular Licensed Program(s) that is determined to be infringing. Vendor does not make any representations or warranties with respect to intellectual property rights of any third party products identified in its Proposal or a Supplement hereto. Any such representations or warranties are made solely by the thirty party provider of such products, and shall not be construed as a warranty with respect to infringement and the like by Vendor. X. COPY AND USE Customer shall have the right to use the Licensed Program(s) in equipment or systems supplied or approved by Vendor, and in any equipment or systems which subsequently replace the supplied or approved equipment or systems, while this Agreement is in effect. Customer shall have the right to make copies of the Licensed Program(s) and the associated reference documentation for archival and/or backup purposes. Any copies made by Customer shall be the property of Vendor. XI. LIMITATION OF LIABILITY AND REMEDIES To the extent permitted by law, and to the extent provided for under this Agreement, for claims related to bodily injury, death and damage to real property and tangible personal property, Vendor shall indemnify, defend and hold harmless the Customer, its agents, officers and employees from and against all direct damages and costs of any kind, including but not limited to reasonable attorney fees, arising out of or resulting from any negligent acts, or negligent omissions of Vendor, regardless of whether such claims are caused in part by any party indemnified hereunder, but not to the extent that the Customer is legally liable for such damages and costs due to Customer's sole negligence. CAMY DOCUMENTS\CONTRACTS\SOFTW ARE DEVELOPMENT AGREEMENT.DOC -7- In situations involving defective performance or nonperformance of Licensed Program(s) furnished under this Agreement, the Customer's remedy is limited to the correction by Vendor of Licensed Program defects. However, if, after repeated efforts, Vendor is unable to make the Licensed Program(s) operate as warranted or represented, the Customer shall be entitled to recover the development and license fees paid to Vendor and damages. ZD XII. PATENT AND COPYRIGHT INDEMNITY Vendor will, at its expense, defend the Customer against any claim that the Vendor Licensed Program(s) supplied hereunder infringe a U.S. patent or copyright, and Vendor will pay all costs, damages and attorney's fees that a court finally awards as a result of such claim. To qualify for such defense and payment, the Customer must: a. Give Vendor prompt written notice of any such claim, and b. Allow Vendor to control, and ftilly cooperate, without cost or expense to Customer, with Vendor in the defense and all related settlement negotiations. The Customer agrees to allow Vendor, at Vendor's option and expense, if such claim has occurred or in Vendor's judgment is likely to occur, to procure the right for the Customer to continue using the Licensed Program(s) or to replace or to modify them so that they become non - infringing. If neither of the foregoing alternatives is available on terms which are reasonable in Vendor's judgment, upon written request, the Customer will return the Licensed Program(s) to Vendor, and Vendor shall refund to the Customer the license fee(s) paid under this Agreement for the particular Licensed Program(s) that is determined to be infringing. Vendor shall have no obligation with respect to any such claim based upon the Customer's modification of the Licensed Program(s) or their combination, operation or use with data or programs not furnished by Vendor or in other than the specified operating environment. XIII. COPYRIGHT PROTECTION The software and any written documentation associated therewith are protected under the Copyright Laws of the United States. Vendor warrants and Customer acknowledges that Vendor has the following exclusive rights with regard to the Licensed Program(s): a. To reproduce the Licensed Program(s) in any or all forms; b. To adapt, transform or rearrange the Licensed Program(s); C. To prepare other products derivative of the Licensed Program(s); d. To control the distribution of the Licensed Program(s); provided that none of Customer's data, nor any of the Customer's confidential or proprietary information, shall be disclosed or released in connection with the exercise of the foregoing rights by Vendor. C'\MY DOCUNIENTS \CONTRACTS\SOFTWARE DEVELOP' AGREEMENT.DOC -O- Customer agrees not to violate any of Vendor's rights or to assist or aid others in doing so. Customer agrees to preserve all copyright and other notices contained within the Licensed Program(s) and written documentation. XIV. MISCELLANEOUS AGREEMENT PROVISIONS Applicable Law. This Agreement shall be governed by the laws of the State of Colorado. Binding Agreement. The individual signing this Agreement and any Supplement(s) to this Agreement for the Customer warrants that they have been duly authorized to bind their respective principals to all rights, duties, remedies, obligations and responsibilities incurred by way of this Agreement and that the Agreement and any Supplement to the Agreement are a valid and binding obligation of the Customer. Assignment. This Agreement and the rights, title, and interest may be freely assigned or transferred by the Customer. Vendor may not assign its rights, title and interest, except upon prior written consent of Customer. Successors Bound. The terms and conditions of this Agreement shall extend and inure to the benefit and be binding on the respective successors and assigns of Customer and Vendor. Force Majeure. Vendor is not responsible for failure to have fulfilled its obligations under this Agreement where such failure is due to war, insurrection, nuclear detonation, civil riot, or Acts of God. Severability. If any term or provision of this Agreement or the application thereof to any entity, person or circumstances shall, to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to entities, persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each remaining term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Notices. Any notice provided for herein shall be in writing and sent by overnight courier or United States mail, postage prepaid, addressed to the party for which it is intended at the address set forth on the first page of this Agreement or to such other address as either party shall from time to time indicate in writing. Any such notice to be deemed to be effective upon receipt or five (5) days from the date of the mailing, whichever occurs first. Headings. Numbered topical headings, articles, paragraphs, subparagraphs or titles in this Agreement are inserted for the convenience of organization and reference and are not intended to affect the interpretation or construction of the terms thereof. Non - Hiring Statement. During the term of this Agreement and for a period of twenty -four (24) months after the termination of this Agreement, the parties to this Agreement may not offer to hire or in any way employ or compensate any of the employees of the other party or persons who have been employed by the other party within the immediate past twenty -four (24) months without prior consent of the other party. CAMY D0CUMENTS \C0NTR4CTS \S0MVARE DEVELOPMENT AGREEMENT.DOC -n- Non - waiver. Waiver of any breach or default hereunder shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or of another provision of this Agreement. Entire Agreement. This Agreement, including the Request for Proposal, Vendor's Proposal and any Supplement(s), Exhibits and /or Amendments to this Agreement, constitute the entire agreement between the parties, and there are no representations, conditions, warranties, or collateral agreements, expressed or implied, with respect to this Agreement other than as contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either written or oral, between the parties to this Agreement. In the event of any conflict between this document and Vendor's Proposal, the provisions which are most favorable to Customer shall control. This Agreement may not be modified, omitted or chan ged in any way except by written agreement signed by persons authorized to sign agreements on behalf of the Customer and of Vendor. XV. Federal Requirements Incorporated By Reference (a) This Agreement is being funded in part through a grant to the City of Pueblo ( "City ") from the State of Colorado by and on behalf of the Division of Criminal Justice ( "Division ") of federal funds from the U.S. Department of Justice, Office of Juvenile Justice and Delinquency Protection Division ( "DOT') referred to as Division Grant No. 99413- 10-05 dated September 1, 2000 (hereafter referred to as the "Grant "). A complete copy of the Grant and attachments thereto has been made available to Vendor for its review. (b) This Agreement, and all sub - agreements, supplements, exhibits, addenda and portions thereof, are expressly made subject to actual receipt of the federal financial assistance provided pursuant to the Grant. In the event the federal assistance is withheld or not received by the City for any reason, City shall have the right to terminate this Agreement for convenience. (c) In performing its obligations under this Agreement, Vendor agrees that it is subject to all requirements and conditions applicable to its performance which are contained in the Grant and applicable federal regulations. Specifically, and not by way of limitation, Vendor agrees to the following requirements: (1) All of the provisions contained in 28 CFR §66.36(i) which are applicable to contracts of the dollar amount and nature of this Agreement. These provisions are incorporated herein by reference as if fully set forth herein; (2) The City, DOJ Division, the Inspector General of DOJ and the Comptroller General of the United States, and any of their duly authorized- representatives, shall have access to any books, documents, papers, and records of Vendor which are directly pertinent to. this Agreement or the equipment, licenses or services provided hereunder, for the purpose of making audit, examination, excerpts, and transcriptions; (3) Vendor shall maintain all relevant project records for three years after the City has made final payment to Vendor and all other pending contract matters are CAMY DOCLTNMNTS\CONTPACTSISOF %VARE DEVELOPMENT AGREEMENT.DOC 1 0_ closed; (4) Vendor shall comply with all Federal statutes relating to non- discrimination. These include but are not limited to: a. Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color, or national origin; b. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681 -1683, and 1685 -1686) which prohibits discrimination on the basis of sex; C. Section 504 of the Rehabilitation Act of 1973, as amended (28 U.S.C. 794) which prohibits discrimination on the basis of handicaps; d. the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 -6107) which prohibits discrimination because of age; e. the Drug Abuse Office and Treatment Act of 1972. (P.L.. 93 -255), as amended, relating to non - discrimination on the basis of drug abuse; f. the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to non - discrimination on the basis of alcohol abuse or alcoholism; g. Sections 523 and 527 of the Public Health Service Act (42 U.S.C. 290 dd -3 and 290- ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et. seq.), as amended, relating to non - discrimination in the sale, rental or financing of housing; i. any other non - discrimination provisions in the specific statute(s) under which the Grant has been made; and j . the requirements on any other non - discrimination statute(s) which may apply (5) This Agreement shall not become effective until approval is obtained from the Colorado Division of Criminal Justice. (6) Notwithstanding any other provision of this Agreement, in the event of any conflict between a provision of this Agreement and the requirements of this subsection titled 'Federal Requirements Incorporated By Reference,' the provisions of this subsection shall control. C:\MY DOCUNMNTS \CONTRACTS \SOFTWARE DEVELOPMENT AGREMMENT.DOC I 1 - (7) The Vendor shall provide software designed so as to allow the City to fully comply with the privacy provisions of paragraph J of the Certified Assurances and Special Provisions attached as part of the grant award. Both parties acknowledge that they have read this Agreement and agree to be bound by the terms and conditions herein. CITY OF PJ'IJEBLO, a l�ni�ipal Corporation VENDOR: By P sid t or the i Council Attest: ,,�,�>� City C y v Name: Christopher Bozeman Title: Owner Balance of Appropriation Exists and Funds Are Available: Director o finance Approved as to form: �f City Attorn CA\MY DOCUMENTS \CONTRACTS \SOFTWARE DEVELOPMENT AGREEMENT.DOC 12 Bid Summary Automatic Juvenile Referral Tracking System (AJR T S) Vendor: Selection Criteria Ability to Perform all Elements of work Adequacy and Completeness Of response Qualifications of Personnel References Pricing Project Manager designated Hardware configurations Recommended with reference To minimum specifications Development Schedule of 60 -70 days provided Ability to meet with Key Court staff for software Development Flexible system proposed Security of Data addressed Ability to Assist in Determination of Workflow and Processes Ability to assist in design Of forms, reports, views and Queries Design of system hardware And software as one common Interface Christopher Bozeman yes yes yes yes yes yes yes yes yes yes yes yes yes yes Com puware yes yes yes yes yes yes yes yes yes yes yes yes yes yes Vendor: Christopher Bozeman Compuware System and application support no costs for 120 days no cost for Post Development cost during work hours then development Billed as post development period then Rates billed at post Development Hardware support addressed Per manafacturer warranty same Extended warranties Next day and downtime support yes yes Total software development cost $9300.00 $170,884.00