Multi-Modal Transportation System
PROJECT CONTACT
Sue Thomae
Compliance Manager
Harbor Transit
440 North Ferry Street
Grand Haven, MI 49417-1124
Telephone: (616) 842-3220
FAX: (616) 847-3477
EMAIL:
ADDENDUM #1 TO:
AutomatedDemand Response Transportation Management System / 2014
Request For Proposal
ORIGINAL NOTICE ISSUED: 06/09/14
ADDENDUM DATE ISSUED: 06/19/14
Offerors must acknowledge receipt of this addendum on the proposal. Failure to acknowledge this addendum may result in rejection of your offer. As stated in the RFP, all proposals should be clearly marked as QUOTATION FOR HARBOR TRANSIT Automated Demand Response Transportation ManagementSystem on the outside of the sealed envelope.
If by virtue of this addendum you desire to change an offer already submitted, such change may be made by submitting an amended proposal or by letter, provided such letter makes reference to the RFP and this addendum and is received prior to the opening hour and date specified.
ALL TERMS AND CONDITIONS APPLY TO THE ADDENDUM AS STATED IN THE ORIGINAL RFP DATED 06-09-14.
A CLARIFICATION HAS BEEN ISSUED IN RESPONSE TO A CONCERN NOTED IN SECTION 2.36 (CONTRACT TERMS AND CONDITIONS) OF THE RFP. THE CONCERN IS WITH THE FOLLOWING LANGUAGE REQUIRED IN ANY RESULTING CONTRACT:
Ownership of Documents
Harbor Transit will retain ownership of all documents prepared, secured and developed through the completion of the work. Contractor will be required to transfer to Harbor Transit all project documents, including digital and electronic files. Contractor agrees that all work to be created as part of a contribution to a collective work, or as part of an audiovisual work, or as a translation, or as a compilation, shall be considered a “work made for hire” in accordance with the provisions of the United State Copyright Act of 1976 as amended. Even if such work is not within the meaning of the term “work made for hire” as defined by the Copyright Act of 1976 as amended, Contractor additionally agrees to assign to the Harbor Transit all copyrights and other intellectual property rights throughout the world in and to such work, including all derivative works and adaptations and all other works prepared by Contractor for Harbor Transit.
An offeror and its intellectual property counsel interpreted this paragraph to mean that Harbor Transit would own all the offeror’s software and any changes made to it. Harbor Transit desires to clarify its intent that this would not require an offeror to assign any copyrights or software initially required in order to complete the project; instead, Harbor Transit requires that any items prepared specifically for the project (including digital and electronic files, manuals and the like) remain with Harbor Transit. To the extent software changes are, in fact, required for the system to work properly, Harbor Transit does not wish to pay any additional future license fees. In other words, this language would not apply to any existing copyrights or software presently employed in order to successfully perform the project.