CSP019007_Original_Contract.pdf

Index No.: DPS024

Eff. Date: 02/01/24

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: LICENSE PLATE VALIDATION STICKER PRINT ON DEMAND SYSTEM INCLUDING

STICKERS

CONTRACT NUMBER: CSP019007 EFFECTIVE DATES: 02/01/24 TO 12/31/27

The Department of Administrative Services has accepted Proposals submitted in response to Request for Proposal (RFP) No.

SRC0000009535 that opened on 12/08/23. The evaluation of the Proposal responses has been completed. The Offeror listed herein has been determined to be the highest ranking Offeror and has been awarded a Contract for the services listed. The respective Proposal response including, Contract Terms & Conditions, any Proposal amendment, special Contract Terms & Conditions, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Services Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated, or cancelled in accordance with the Contract Terms and Conditions.

This Requirements Contract is available to the Ohio Department of Public Safety as applicable.

The agency is eligible to make purchases of the contracted services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that department will purchase the volume of services as advertised in the Request for Proposal.

This Requirements Contract and any Amendments thereto are available from the DAS Web site at the following address:

https://procure.ohio.gov/

MUTUALLY AGREED UPON CHANGES

I. Performance. Attachment One: Part One: Section II. Print on Demand System: Sub-section B. Equipment is revised as follows with the changes italicized.

2. Performance. The acceptable level of performance for the printer system will be 99.5%. The computation of printer performance level divides the sum of the uptime by the number of working hours during the test time. The definition of uptime is the total hours, rounded to the nearest quarter hour, during which all components of the POD system are operational, and all functions of the POD system are available to its users. The definition of the number of working hours is the total number of working hours for the period during which the POD system was scheduled to be available to its users. The measurement of uptime and downtime is in hours and quarter hours. OBMV registrar locations operate six days a week (includes Saturday). The ODPS POD systems must not be down more than 24 consecutive hours from Monday through Saturday due to failure of the Contractor’s software/equipment. Time that the printer system is unavailable due to scheduled maintenance or State system outage or third parties not under the control of Contractor will not be included in the computation of printer performance level. The current system has two banks of four printers and allows failover when any one printer is not working. Any proposed system must have at least two banks of printers at each location to ensure the 99.5% uptime. A single printer with four trays for four different colors is considered a bank of printers. If Contractor’s software/equipment results in any more than two down periods exceeding six hours each within a 30-day period, during the ODPS/OBMV normal business hours, the equipment must be replaced at no cost to the State, at the discretion of the State.

The repair and exchange of defective and/or broken printers should not be down more than 24 consecutive hours from Monday through Saturday due to failure of the Contractor’s equipment.

The printing operation must not result in any damage to the sticker or cause the adhesive to exude. If the sticker adhesive exudes it may result in damage to the forms or stickers during printing, handling and distribution or resulting in adhesive deposits on printer parts, which would increase maintenance. If the equipment design incorporates form stacking, the feed and output mechanism of the printer must be able to accommodate any lopsided stacked forms due to the sticker being in a fixed position on the forms.

II. Phased Installation. Attachment One: Part One: Section VI. Phased Installation and Acceptance is not a requirement of this Contract.

III. Ownership of Deliverables. Attachment Three: Part Three: Ownership of Deliverables is revised as follows with the changes italicized.

OWNERSHIP OF DELIVERABLES. All custom Deliverables produced by the Contractor specifically and exclusively for the State and covered by this Contract, including any software modifications, and documentation, shall be owned by the State, with all rights, title, and interest in all intellectual property that come into existence through the Contractor’s custom work being assigned to the State. Additionally, the Contractor waives any author rights and similar retained interests in custom-developed material. The Contractor will provide the State with all assistance reasonably needed to vest such rights of ownership in the State. The Contractor will retain ownership of all tools, methods, techniques, standards, and other development procedures, as well as generic and preexisting shells, subroutines, and similar material incorporated in any custom Deliverable ("Pre-existing Materials") if the Contractor provides the non-exclusive license described in the next paragraph.

The Contractor may grant the State a worldwide, non-exclusive, royalty free, perpetual license to use, modify, sell, and otherwise distribute all Pre-existing Materials that are incorporated in any custom-developed Deliverable rather than grant the State ownership of the Pre-existing Materials provided however, that the State may distribute such Pre-existing materials to the extent required by governmental funding mandates. The Contractor will not include in any custom Deliverable any intellectual property unless such has been created under this Contract or qualifies as Pre-existing Material. If the Contractor wants to incorporate any Pre-existing Materials in a custom Deliverable, the Contractor must first disclose this and seek the State's approval for doing so in advance. On the request of the Contractor, the State will incorporate any proprietary notice the Contractor may reasonably want for any Pre-existing Materials included in a custom Deliverable in all copies the State makes of that Deliverable.

Subject to the limitations and obligations of the State with respect to Pre-existing Materials, the State may make all custom Deliverables available to the general public without any proprietary notices of any kind.

MUTUALLY AGREED UPON CHANGES (CONTINUED)

IV. License in Commercial Material. Attachment Three: Part Three: License in Commercial Material is revised as follows with the changes italicized.

LICENSE IN COMMERCIAL MATERIAL. As used in this section, "Commercial Material" means anything that has been developed at private expense by the Contractor or a third party, commercially available in the marketplace, subject to intellectual property rights, and readily copied through duplication on magnetic media, paper, or other media. Examples include written reports, books, pictures, videos, movies, computer programs, and computer source code and documentation.

Any Commercial Material that the Contractor intends to deliver as a Deliverable must have the scope of the license granted in such material disclosed in the RFP or as an attachment referenced in the RFP, if that scope of license is different from the scope of license contained in this section for Commercial Materials.

Except for Commercial Material that is software (“Commercial Software”), if the Commercial Material is copyrighted and published material, then the State will have the rights permitted under the Federal copyright laws for each copy of the Commercial Material delivered to it by the Contractor.

Except for Commercial Software, if the Commercial Material is patented, then the State will have the rights permitted under the Federal patent laws for each copy of the Commercial Material delivered to it by the Contractor.

Except for Commercial software, if If the Commercial Material consists of trade secrets, then the State will treat the material as confidential. In this regard, the State will assume all obligations with respect to the Commercial Material that the Contractor assumes under the Confidentiality section of this Contract with respect to State secrets. Otherwise, the State will have the same rights and duties permitted under the Federal copyright laws for each copy of the Commercial Material delivered to it by the Contractor, whether or not the material is copyrighted when delivered to the State.

For Commercial Software, the State will have the rights in items (1) through (8) of this section with respect to the software.

The State will not use any Commercial Software except as provided in items (1) through (8) of this section or as expressly stated otherwise in this Contract. The Commercial Software may be:

1. Used or copied for use in or with the computer or computers for which it was acquired, including use at any State installation to which such computer or computers may be transferred.

2. Used or copied for use in or with a backup computer for disaster recovery and disaster recovery testing purposes or if any computer for which it was acquired is inoperative.

3. Reproduced for safekeeping (archives) or backup purposes.

4. Modified, adapted, or combined with other computer software, but the modified, combined, or adapted portions of the derivative software incorporating any of the Commercial Software will be subject to same restrictions set forth in this Contract.

5. Disclosed to and reproduced for use on behalf of the State by support service contractors or their subcontractors, subject to the same restrictions set forth in this Contract.

6. Used or copied for use in or transferred to a replacement computer.

However:

7. If the Commercial Software delivered under this Contract is published and copyrighted, it is licensed to the State without disclosure prohibitions.

8. If any Commercial Software is delivered under this Contract with the copyright notice in 17 U.S.C. 401, it will be presumed to be published, copyrighted, and licensed to the State without disclosure restrictions, unless a statement substantially as follows accompanies such copyright notice: "Unpublished -- rights reserved under the copyright laws of the United States.'' The State will treat such Commercial Software as Confidential Information to the extent that such is actually the case.

CONTRACTOR INDEX

CONTRACTOR AND TERMS: BID CONTRACT NO.: CSP019007

000086537 DELIVERY: per contract requirements Intellectual Technologies, Inc. (ITI) 2980 East Coliseum Blvd., Suite 100 Fort Wayne, IN 46805 TERMS: Net 30

CONTRACTOR'S CONTACT: Telephone: 260-433-5192 JR Haglund E-Mail: sales@iti4dmv.com

Marybeth Courtwright E-Mail: mcourtwright@iti4dmv.com

AUTHORIZED SUBCONTRACTOR INDEX

SUBCONTRACTOR:

MCR Technical Service LLC

COST SUMMARY FORM

License Plate Validation Sticker Print on Demand System Including Stickers

SRC000009535

UNSPSC COMMODITY CODES: 73151906, 43210000, 43230000, 45101500

Firm Fixed Price. The Offeror is required to propose a price per sticker that is to remain fixed for an initial two-year term.

The Contractor will be responsible for performing all the Work necessary to fulfill the requirements of this Contract. All operating expenses associated with the management, including without limitation, service fees, salaries, wages, taxes, benefits, materials, equipment, tools, parts, supplies, subcontractors, and insurance must be included in the Offeror’s cost summary.

DESCRIPTION

ESTIMATED

ANNUAL

USAGE

UNIT OF

MEASURE

COST

The Offeror’s cost for a complete solution to this solicitation distilled into a single price per completed validation sticker.

7,250,000

Completed Validation

Sticker $0.29

All costs must be in U.S. Dollars.

The State will not be responsible for any costs not identified.

There will be no additional reimbursement for travel or other related expenses.

mailto:sales@iti4dmv.com mailto:mcourtwright@iti4dmv.com