SB 82XX, 2nd Extraordinary Session of the 50th Legislature, section 8, provided the Department of Corrections authorization to enter into a pilot acquisition program for offender canteen, trust fund and restitution accounting system services that will allow the Department to centralize offender accounting operations. The contract, through this legislation, is exempt from the provisions of the Oklahoma Central Purchasing Act.”
The contract between the vendor, Advanced Technologies Group (ATG), and the Department of Corrections grants the right to use the OBS software to manage trust accounts, restitution and commissary operations of all offenders residing at institutions and facilities managed and operated by the Oklahoma Department of Corrections.
The Oklahoma Department of Corrections is granted a non-exclusive perpetual enterprise license to use the ATG software. The perpetual license grants the department the use of the software to manage trust accounts, restitution and commissary operations of all offenders residing at institutions and facilities managed and operated by the department. There is no limit to the number of machines or users that can access the software. The department, by licensing agreement, may not use this software to process accounts or administer records for the benefit of, or for purposes or rendering services to any other business or agency. This license cannot be transferred, leased, assigned or sublicensed.
The vendor retains sole and exclusive ownership of all right, title, and interest in and to the OBS software, all copies thereof, all modifications and enhancements thereto (including ownership of all copyrights, and other intellectual property rights pertaining thereto subject only to the right and license granted by the licensee. The license does not provide the department with any ownership of the software but only to the rights as defined in the license agreement. The department, by contract and license, will not attempt to reverse compile, modify, translate, or dissemble the software in whole or in part.
The data stored by the software is owned exclusively by the department.
Source Code Agreement
Under the terms and conditions of the contract, a source code agreement will be entered into between ATG and the Department of Corrections. The source code agreement calls for a mutually agreeable third party to immediately release the source code to the department in the event of certain events as specified in the contract. Upon occurrence of any of the qualifying events outlined in the contract, the department will have a fully paid, non-terminable license to use the software for its sole use. The fees of the third party escrow agent, by contract, are to be paid by ATG.
OBS Vendor Documents
The department, by contract, is authorized to use and reproduce for internal purposes all OBS user documentation furnished by ATG provided that all copies made by the department contain all proprietary designations.
OBS Vendor Maintenance Contract
Upon software acceptance the Department of Corrections will utilize ATG provided OBS system maintenance and support services and pay a monthly maintenance fee as prescribed in the contract. As part of the maintenance and support services, OBS system managers can expect vendor help desk support during normal business hours via telephone. The Administrator of Offender Banking will ensure a current list of appropriate vendor assistance staff and telephone numbers is maintained to facilitate the escalation of support requests that cannot be resolved by either department or vendor help desk technicians as provided in the contract.
1. The department will provide the vendor will reasonable access to the software subject to site security requirements.
2. The Administrator of Offender Banking Services is designated as the “relationship/contract manager” of the OBS system and will be the contact person for all issues regarding the OBS software and vendor support issues.
3. All OBS software customizations and change orders will be requested through the Administrator of Offender Banking Services and must be approved in writing through the Associate Director of Administration with funding identified for the requested change(s) prior to any authorized vendor action.