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Agenda 04/28/2015 Item #16D15 4/28/2015 16.D.15. EXECUTIVE SUMMARY Recommendation to approve a Maintenance and Support Agreement with Avail Technologies, Inc. and approve the advance payment of the hosting support, maintenance and warranty of the Intelligent Transportation System (period February 2016-January 2017). OBJECTIVE: To maximize efficiencies within the public transportation system. CONSIDERATIONS: On July 26, 2011, the Board awarded RFP 11-5650, Intelligent Transportation Systems (ITS) for Collier Area Transit Program, to Avail Technologies, Inc Item 10B. The contract included Americans with Disabilities Act compliant technology onboard the transit buses such as automated voice annunciation and dynamic message signs, automated vehicle locators, automated passenger counters, mobile data terminals and real time passenger information systems. The implementation of this technology has enhanced data collection, operator safety, public access to arrival and departure information and compliance with federal requirements. As part of the extended warranty option in the original contract in which the Contractor agreed to hold pricing, it is necessary to enter into a two (2) year Maintenance and Support Agreement with the vendor to authorize the utilization of the software modules required for the ITS for the next two years of our warranty (from February 2015 — January 2017), maintenance and hosting. The Federal Transit Administration (FTA) has consistently requested that Collier County utilize older grant funds in an effort to close the grants out. This action will utilize funds from FY 2009 FTA Section 5307 grant awards. Staff has received concurrence from FTA the grantor agency for the use of these funds for advance payment of the second year of the software license. FISCAL IMPACT: The cost of the second year of the hosting support, maintenance and warranty for the ITS system is $101,375. Funding is available in the Collier Area Transit Fund 426, within Project No. 35027. The source of funding is the FTA Section 5307 FY 2009. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval.—SRT GROWTH MANAGEMENT IMPACT: Transit capital and operations supports goals and objectives of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approves the execution of the attached Maintenance and Support Agreement with Avail Technologies, Inc., authorizes its Chairman to sign the Agreement after final review by the County Attorney's Office and approves the advance payment of the second year of the hosting support, maintenance and warranty of the ITS system. Prepared by: Trinity Scott,Public Transit Manager Attachments: (1) Maintenance and Support Agreement, (2) Email from FTA authorizing advance payment of maintenance agreement with grant funds. Packet Page -1796- 4/28/2015 16.D.15. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.D.16.D.15. Item Summary: Recommendation to approve a Maintenance and Support Agreement with Avail Technologies, Inc. and approve the advance payment of the hosting support, maintenance and warranty of the Intelligent Transportation System (period February 2016- January 2017). Meeting Date: 4/28/2015 Prepared By Name: Scott Trinity Title: Manager-Public Transit, Public Transit&Neighborhood Enhancemt 3/27/2015 7:07:18 PM Submitted by Title: Manager-Public Transit,Public Transit&Neighborhood Enhancemt Name: ScottTrinity 3/27/2015 7:07:19 PM Approved By Name: ArnoldMichelle Title: Division Director-Pub Tran &Nbrhd Enh,Public Transit&Neighborhood Enhancemt Date: 4/7/2015 12:14:53 PM Name: TownsendAmanda Title: Division Director-Operations Support, Public Services Department Date: 4/8/2015 10:55:17 AM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 4/9/2015 2:49:31 PM Name: MarkiewiczJoanne Title: Division Director-Purchasing& Gen Svc,Purchasing&General Services Date: 4/10/2015 4:24:51 PM Packet Page -1797- 4/28/2015 16.D.15. Name: HerreraSandra Title: Manager-Procurement, Purchasing&General Services Date: 4/10/2015 4:26:16 PM Name: CummingsRhonda Title: Procurement Specialist,Purchasing&General Services Date: 4/14/2015 9:44:52 AM Name: SotoCaroline Title: Management/Budget Analyst, GMD Construction&Maintenance Admin Date: 4/14/2015 4:23:15 PM Name: AlonsoHailey Title: Operations Analyst,Public Services Department Date: 4/14/2015 4:25:28 PM Name: OberrathKaren Title: Accountant, Senior, Grants Management Office Date: 4/14/2015 4:33:34 PM Name: CarnellSteve Title: Department Head-Public Services, Public Services Department Date: 4/14/2015 4:35:08 PM Name: TeachScott Title: Deputy County Attorney, County Attorney Date: 4/14/2015 4:40:52 PM Name: KlatzkowJeff Title: County Attorney, Date: 4/15/2015 9:38:34 AM Name: StanleyTherese Title: Manager-Grants Compliance, Grants Management Office Date: 4/15/2015 3:34:50 PM Name: CasalanguidaNick Title: Deputy County Manager, County Managers Office Date: 4/15/2015 5:09:23 PM Packet Page -1798- 4/28/2015 16.D.15. Maintenance and Support Plan February 1, 2015 through January 31,2017 Collier Area Transit Maintenance and Support Agreement 2 Year Extension THIS AGREEMENT("AGREEMENT"),by and between the Collier County,a political subdivision of the State of Florida,operating as Collier Area Transit,3299 Tamiami Trail East,Suite 103, Naples, FL 34112, hereinafter"COUNTY",and AVAIL TECHNOLOGIES, INC.,a corporation,located at 1960 Old Gatesburg Rd,STE 200, State College, PA 16803-2241, hereinafter called "AVAIL",collectively referred to as the "PARTIES",shall become effective the date of System Acceptance. WHEREAS,AVAIL has licensed to the COUNTY certain systems as specified in the Software License Agreement of near or even date herewith(the"License Agreement")and COUNTY wishes to have AVAIL perform maintenance services on the software and associated hardware of the licensed systems pursuant to the following terms and conditions and the terms and conditions of the License Agreement: 1. Description and Term a. Systems Covered The materials covered in this Agreement are the hardware and software required for deployment of the AVAIL Intelligent Transportation System(ITS).The software which includes AVAIL's OmniPoint Software Suite("Software"),is defined and more fully described in,and subject to,the signed Software License Agreement,as updated with any improvements or modifications furnished to COUNTY hereunder; b. Sites 1.3299 Tamiami Trail East, Suite 103, Naples, FL 34112 c. Term The term shall be for Two years(2),commencing upon the Support Period(February 1, 2015 through January 31, 2017)with a Single payment as defined in Exhibit A.The Agreement shall be reviewed by both Parties for any renewal of term at least sixty(Go)days prior to the expiration of the current term. Payment is prescribed in Exhibit"A". 2. Definitions a. "Specifications"shall mean the documentation to which the Software must conform as set forth in the license Agreement; b. "Error"shall mean a material and reproducible failure of the Software to function in conformity with the Specifications. c. "Additional Services"shall mean any service that is not covered by this agreement; d. "Hosted Support"shall mean AVAIL will house,implement, maintain and backup the customer fixed-end system on AVAIL owned(or leased)equipment for the duration of the contract period. e. "Self-Heal"refers to the ability the system has to detect a program is in an inoperable state and to take appropriate action to return the program to an operable state. f. "RMA"refers to Avail's Return Material Authorization procedure. Submitted by: Pages ,., ••••...• N �zie3::.• Avail Technologies,Inc. (rev2014) :::: =*•.: .... .. Q Q U f!L Packet Page-1799- ,,CHN °1t„.,h(; 4/28/2015 16.D.15. Maintenance and Support Plan February i,2015 through January 31,2017 Collier Area Transit g. "Anniversary"shall mean the beginning date of the support period and the annual occurrence of that date for the duration of the defined support period. h. "Current Support Period" shall mean the inclusive dates of support as provided in Sec i.c 3.Customer Support Plans a.COUNTY has elected the level of support as defined in Figure i 4.AVAIL Responsibilities During the term of this Agreement,AVAIL shall provide the following support measures. AVAIL shall provide: a. There are two problem resolution standards for the levels of support(See Figure i): 1. General Provision: a. Telephone hot line access for problem and error reporting and response of diagnostic services; b. Ability to initiate support requests via e-mail to Support®Availtec.com c. AVAIL shall staff their Call Center during regular business hours see Figure 1. In case of a support call,AVAIL will want to collect the pertinent information as soon as practical. In the event that AVAIL cannot answer the initial call,a voicemail service shall be operative as a backup system; 2. Routine Care—(as defined in Figure s) a. AVAIL shall respond to the call as stated in Figure i; b. The problem will be entered into the AVAIL tracking system,entering the Caller's Name, Property Name and Contact Phone Number; c. AVAIL shall keep COUNTY advised of a plan for resolution of the error as soon as practical; d. lithe error occurs after AVAIL business hours,the Caller shall still leave a voice message with the same information as listed above. 3. Urgent Care—(as defined in Figure s) a. AVAIL will respond to a call as stated in Figure 1; b. Upon receipt of the call,the Support Team will immediately begin to assess the error and begin the process of resolving the problem. Resolution shall be conveyed to COUNTY as soon as practical; c. The error will be entered into the AVAIL tracking system: d. On-site response for requests for remedial support and diagnostic repair services in response to shall be pursuant to Section u.1.b.4 of this Agreement. 4. System Self-Diagnostics and Self-Healing capabilities a. Through the use of sophisticated software monitoring system,the system will notify the operations staff of potential system degradation and alerts the on-call staff via message 24 hours/7 days a week. Submitted by: Page 2 NN �iz3 :, • Avail Technologies,Inc. (rev2014) ..• , �••1 GP Packet Page -1800- 4/28/2015 16.D.15. Maintenance and Support Plan February 1,2015 through January 31,2017 Collier Area Transit b. Through these same techniques,the system has the capability to self-heal processes that have stalled or failed. 5. COUNTY Responsibilities COUNTY shall give AVAIL,their full cooperation to facilitate proper and prompt performance of the Support Services and any additional services that the PARTIES agree. COUNTY shall provide: a. A key technical contact that shall be familiar with the System to provide adequate information and feedback in order to facilitate problem reporting and resolution; b. The key technical contact will be aware of the terms and conditions under which AVAIL Systems provides after hours support: c. Promptly notify AVAIL of any error in the System; d. Provide sufficient information for AVAIL to effectively diagnose errors including a detailed description of the issue in text format,an explanation of what the user was doing when the issue occurred,any error messages that the system returned,screen shot images of the error,the current status of the system,a determination if the system is functional,and a state retrieval, if requested; e. Permit AVAIL to take such reasonable steps as AVAIL shall consider necessary to remedy any errors; f. Allow AVAIL prompt and reasonable access to: 1. REMOVED—HOSTED SOLUTION The Software and ITS Server system through a Virtual Private Network(VPN)in case of primary server hardware failure and access to-other 3rd party as presented in the contract. 2. COUNTY'S physical sites,at the locations specified in the Support Plan of this Maintenance and Support Agreement. g. Provide a safe and secure work environment at the site(s)for AVAIL's authorized personnel performing Support Services and additional services on-site. COUNTY shall not permit any person other than authorized AVAIL personnel to make corrections or in any way modify the Software.Any work,repair, replacement,remedial support,emergency support, or correction necessary will be in violation of this provision shall be considered additional services. 6. Software Maintenance AVAIL shall notify and make available to the COUNTY all, Purchased Feature Enhancement and Bug Fixes to the software for the current software license.The nature and extent of the elements to be included or covered in any Enhancement,or Bug Fix shall be determined solely by AVAIL. Purchased Feature Enhancements and Bug Fixes will be made available to the COUNTY at no additional charge other than the costs for additional hardware,configuration, integration,testing,travel and lodging and per diem,provided they are current in their payment for Maintenance and Support fees. In the event the COUNTY has elected not to pay the Maintenance and Support Fees,they may obtain updates of a Purchased Feature Enhancements and Bug Fixes by paying the aggregate annual Maintenance and Support Fees which would otherwise have been due from the date of discontinued Submitted by: Page 3 ..� •.• .., •Avail Technologies,Inc. (rev 2=4) Packet Page-1801- IfCMIJdt 4/28/2015 16.D.15. Maintenance and Support Plan February i,2015 through January 31,2017 Collier Area Transit Maintenance and Support Services to the date such Purchased Feature Enhancement or Bug Fixes becomes generally available. As soon as practical,AVAIL will provide the COUNTY with information relating to any software New Features during the term of this Agreement. New Feature Purchase shall be negotiated and agreed to in writing,between the PARTIES, prior to any work beginning on the requested task. All efforts shall be made by the COUNTY to provide AVAIL access to the individual Software server through the VPN process. Any New Feature Purchases, Purchased Feature Enhancement and Bug Fixes provided shall be governed by all of the terms and provisions of this agreement. Upon notification,the COUNTY shall have six(6)months from receipt of such notice to authorize AVAIL to deliver the product,provided they are current in their payment for support fees.All New Feature Purchases, Purchased Feature Enhancements,or Bug Fixes provided,shall be considered Software for purposes of the Software License Agreement and this Maintenance and Support Agreement. AVAIL agrees to provide to the COUNTY the elected level of support as defined in section 3a for the Software and any subsequent upgrades during the full term of this Agreement(including all renewals) through the end of this contract or any subsequent extension of Maintenance and Support Services; provided that the COUNTY has paid the applicable Maintenance and Support Charges hereunder as and when they become due.AVAIL agrees that its failure to continue to provide such support shall constitute a material breach of this Agreement. AVAIL agrees to provide to the COUNTY the Level of Support as stated in Figure i for the Software and any subsequent upgrades during the full term of this Agreement(including all renewals)through the end of this contract or any subsequent extension of Maintenance and Support Services; provided that the COUNTY has paid the applicable Support Charges hereunder as and when they become due.AVAIL agrees that its failure to continue to provide such support shall constitute a material breach of this Agreement. 7. Maintenance and Support Services a. COUNTY shall pay the Maintenance and Support charges set forth,and COUNTY will receive technical support for the term of this Contract; b. Provided COUNTY has paid the applicable Maintenance and Support,AVAIL shall support the Hardware and Software as set forth in this Agreement; c. Corrections- For a period of Twelve(12)months following the release of a Major Release upgrade, AVAIL will use reasonable efforts to support any previously Release of that Software program.AVAIL shall advise COUNTY as soon as practical,of the intention to discontinue support services of any version of AVAIL software currently in use by COUNTY.AVAIL shall also maintain this requirement for the subcontractors they use for this Project; d. AVAIL shall have no obligation to correct problems which are traced to any COUNTY errors, modifications,enhancements,software or hardware; In the event that AVAIL provides any additional services requested by COUNTY,AVAIL shall invoice for such additional services based upon its then-current time and material rates, provided those rates are supplied to the COUNTY and the work is approved prior to commencement.COUNTY shall pay all charges for such additional services within thirty(30)days from the date of invoice.Charges for additional services may include fees for labor,materials, hardware components,shipping,software,documentation, and/or other products or services and associated expenses, including reasonable travel expenses incurred by 41; AVAIL when providing additional services at COUNTY'S request. ._..; Submitted by: Page 4 ...� Avail Technologies, Inc. (rev 2014) ........ QVQ I Packet Page -1802- L 4/28/2015 16.D.15. Maintenance and Support Plan February 1,2015 through January 31,2017 Collier Area Transit Additional Maintenance and Support,which shall follow the completion of the Current Support Period may be extended for an agreed upon timeframe by the PARTIES.The cost would be at AVAIL's then- current standard Maintenance and Support Fees for as long as AVAIL offers such support.The intent is to make payment of the applicable fees in advance of each anniversary of the completion date.If COUNTY purchases Maintenance and Support for any copy of the Software, it must purchase Maintenance and Support for all licenses of such Software unless COUNTY has discontinued the use of certain licensees within the Avail Suite of purchased and installed modules. 8.Travel Expenses COUNTY will reimburse the AVAIL for any reasonable out-of-pocket expenses deemed appropriate and as approved by COUNTY's staff assigned to this project,including airfare,travel to and from COUNTY's site, lodging, meals and shipping,as may be necessary in connection with the duties performed under this Agreement by AVAIL.Appropriate expenses shall be limited to those incurred on site visits associated with the performance of this Agreement which shall receive prior approval from COUNTY.AVAIL shall submit requests for reimbursement to COUNTY.Such requests shall be accompanied by documentation substantiating the expense.Invoices for these expenses shall be presented to COUNTY by the AVAIL within fifteen(15)days of the end of the month. 9.Confidentiality The Confidentiality provision of the Software license Agreement is hereby incorporated by reference into this Agreement,subject to the Florida Public Records Law,Chapters iig, 688 and 812, F.S.and is protected as trade secrets and considered confidential and proprietary under these statutes as their release would provide an economic advantage or value to a competitor.As stated in the Software License Agreement,this relates to the Software and Documentation. io.Maintenance and Support AVAIL represents to COUNTY that all services provided hereunder will be performed in a workmanlike manner. This Maintenance and Support agreement includes the software and hardware listed below for this entire term. If during the period of this Maintenance and Support Agreement,any software or device of the System were to become obsolete,AVAIL agrees to work with COUNTY to provide a replacement device and to ensure its downward compatibility with the rest of the deployed system. ii. Maintenance and Support Components a. Software (includes all applicable license fees): Command Point Dispatch 7 CommandPoint Replay 8 CommandPoint TALE 2 CommandPoint WiNG 1 Control Point- Fixed Route 25 Control Point—Paratransit 22 DataPoint(Site License) InfoPoint Sign Controller InfoPoint Departure Estimator 1 Submitted b Page 5 :"3' GQ' Avail Technologies, Inc. (rev 204) :..... ...... Q )0 L Packet Page -1803- TFCNNO:Af.1F. 4/28/2015 16.D.15. Maintenance and Support Plan February 1,2015 through January 31,2017 Collier Area Transit InfoPoint Web—Public License 1 InfoPoint Google Transit Feed Export Module 1 OmniPoint Database 1 OpenPoint WLAN 1 VitalPoint 1 RouteMatch TS MDT/AVL Interface Module 1 License 1. System Support: a. AVAIL will provide remote and,if necessary,on-site system support as per Section 11.c,for the term specified in this Agreement,for all software initially provided by AVAIL for sustaining the accepted system configuration; a. Phone and Remote Diagnostic system Support: a. AVAIL will provide consultation to COUNTY's Key Technical Contact to: a. Facilitate remote troubleshooting and solution implementation; 2. Acquire and review data logs for problem identification via remote access line; 3. Provide problem analysis and possible resolution; 4. COUNTY must maintain remote access capability for AVAIL to diagnose reported software and systems problems. Remote access will be via a VPN connection; 5. AVAIL can, at COUNTY's request,assist in arranging for service and support of non-warranted components(i.e. LAN interface to the Communications system and Installation/Removal services).AVAIL will not be responsible for the service call or system repair costs. Such costs will be billed to COUNTY. 2. Exceptions: a. If it is determined by AVAIL that a system problem was not due to an AVAIL installed component,COUNTY will be responsible for all engineering and technical support,time and material costs.All labor will be charged at AVAIL's prevailing rates; b. On-site support is not included in the offer but is available on a time and material basis. However,AVAIL will provide remote support to COUNTY without additional charge. b. Hardware 1. Covered Equipment Vehicle Logic Unit—IEB 47 Vector goon 47 MacKenzie DADS MB7o1 Annunciator 25 Sunrise Signs 25 InfoDev APC 25 Data Display Wayside Signs—LCD Indoor 1 Data Display Wayside Signs—LED Outdoor a Submitted by: Page 6 «N �1•' Avail Technologies,Inc. (rev zol4) %.;; Packet Page -1804- ■P,: 4/28/2015 16.D.15. Maintenance and Support Plan February 1,2015 through January 31,2017 Collier Area Transit 2. Covered Computer Equipment ThinClient Workstations(Manufactures Warranty 4 thru May 2025) Unit SNs:52E6DL3o1668, S2E6DL3o2218, S2E6DL3o2712,S2EDL3o2730 3. Products deemed defective will be repaired at no additional cost for parts, material and labor. Products will be replaced, instead of repaired,at AVAIL discretion. 4. System Maintenance: a. COUNTY is responsible for equipment replacement as required for all installed equipment including: 1.In-vehicle equipment; 2.Wireless modem; 3.Wireless LAN; 4.Wayside Sign Component modules. b. System Maintenance includes removal of equipment, replacement with a spare, initial triage diagnostics and shipping to a designated repair point.Any item returned to AVAIL must follow AVAIL'S RMA procedures; 1.COUNTY is responsible for shipping cost to AVAIL or designated repair point.AVAIL will return ship at AVAIL's expense. 1. Exceptions: a. Non-technical hardware items such as batteries, racks,cables,connectors, mounts, handsets,speakers,antennas,sign audio buttons, KVM switches, network switches, memory storage media, panels and punch blocks are wear items and are not covered beyond the Vehicle Installation Support; b. AVAIL is not responsible for: 1.Products that are not used and serviced according to the training and instructions provided by AVAIL; 2.Products that have been altered, repaired or modified without prior consent from AVAIL; 3.Products damaged by any third party equipment or intervention,force of nature or other conditions not In AVAIL's control; 4.Products damaged due to negligence or abuse. 5.Cost, loss or damages resulting from the use of AVAIL supplied products, including but not limited to, loss of time, inconvenience and loss of production; 6.Shipping and shipping related costs of products mailed to AVAIL; 7.Costs associated with parts, materials and labor provided by COUNTY's Maintenance personnel. c. AVAIL may evaluate items not covered under Maintenance and Support and an assessment will be provided to COUNTY. If COUNTY agrees with the assessment,they will Submitted by: Page 7 .. � Avail Technologies,Inc. (rev 2014) ................. QVC11L Packet Page-1805- 'EC"'°°E°°'E`• 4/28/2015 16.D.15. Maintenance and Support Plan February 1,2015 through January 31, 2017 Collier Area Transit be charged for the labor to complete the evaluation,shipping and shipping related costs, parts and materials used and repair labor.If COUNTY elects not to repair the item,only the labor required for the assessment will be charged.All labor is charged at AVAIL's prevailing rates for the required skill level. c. Time and Material Charges for Non-Supported Hardware Repairs or Support: a. To maintain system support coverage,all systems hardware must be returned to AVAIL for repair or approved for repair by AVAIL at a specified repair facility; b. Any returned unit may be repaired or replaced at the sole discretion of AVAIL; c. AVAIL will charge a minimum of one(1)hour for each issue or return with subsequent increments billed at one-quarter(1/4)hour intervals at AVAIL's prevailing rate charges (Please refer to Figure 1); d. Charges for non-supported repair/replacement or support will include the prevailing Preferred Customer rates(subjected to periodic updates). e. Travel and associated travel labor costs for on-site work(if required)are not included and will be invoiced to COUNTY at travel costs shall be pursuant to Section 8 of this Maintenance and Support Agreement.An estimate of on-site costs will be provided prior to any travel expenses being incurred. d. Installation Vehicle Installation go Days e. System Maintenance Logging All system maintenance or repair information,whether Hardware or Software, is collected and recorded via CRM Case Logs entry, RMA Tracking for Hardware and configuration management tools for Software. Submitted by: Page 8 • Avail Technologies,Inc. (rev 2014) :"' C� CVO IL Packet Page -1806- 4/28/2015 16.D.15. Maintenance and Support Plan February 1,2015 through January 31,2017 Collier Area Transit The maintenance and support set forth in this agreement is a limited maintenance and support plan.The hardware and software, included under the initial installation, new feature purchases,purchased feature enhancements or bug fixes,are subject to the representations,warranties, indemnifications, limitations and disclaimers set forth in the license agreement. 1. Limitation of Liability a. Except with respect to the obligations of Avail pursuant to section 8 of the software license agreement, in no event shall Avail's liability for any reason and upon any cause of action under the software license agreement exceed the maintenance and support fees paid by COUNTY to Avail; b. Aside from the provisions listed in the contract and section g of the Software License Agreement Avail shall not be liable for any loss of profits,any incidental,special,exemplary or consequential damages; or any claims or demands brought against COUNTY or any third party. c. The parties shall not rely upon and shall not grant any means of remedy arising from any statement,representation,maintenance and support or understanding of any person other than as expressly set out in this agreement. 2. Termination a. Notwithstanding the foregoing,all provisions here of relating to confidentiality,proprietary rights, nondisclosure, indemnity and limitations of liability shall survive the termination of this agreement. In the event of termination under this paragraph,COUNTY will not be entitled to any refund of any portion of the fees paid to Avail under this agreement,unless Avail: b. Materially breaches this agreement and fails to cure such breach within thirty(3o)days after notice from COUNTY; c. Delivers a notice that the software has been declared obsolete or withdrawn from sale; d. Otherwise discontinues providing standard level of support for the myAvail software suite: 1. Avail shall refund to COUNTY an amount equal to the aggregate support charges paid by COUNTY for the time during which the standard level of support services was not provided to COUNTY. 3. Miscellaneous a. This agreement is made,and shall be construed and interpreted, under the laws of the State of Florida,and venue for any suit concerning this Agreement shall rest in the State and Federal courts for Collier County, Florida. Submitted by: Page 9 ..��,�� GP Avail Technologies,Inc. (rev2014) ;; ..... QVC]IL Packet Page-1807- �' °°`s '"` 4/28/2015 16.D.15. Maintenance and Support Plan February 1,2015 through January 31,2017 Collier Area Transit Figure .-Maintenance and Support Plan Available Customer Support Plans Plan Description Standard • Routine Care and Urgent Care are provided during • Included in this Business Hours standard business hours. Progress updates Agreement Support provided every two business hours. • Urgent Care response 24/7 access to the Avail Support Team which includes Standard Business Hours Support and all NON-business hours of coverage to support Urgent Care needs. Extended Hours • A customer support line to contact the on-duty • Included in this Support support engineer at Avail. Agreement • The continuation of Urgent Care resolution after Standard Business Hours. • Progress updates provided every 2nd hour(or as agreed by your team). • Includes all features of Standard Business Hour Support and Extended Hours Support • Avail operates and maintains the fixed end computer system in our dedicated data center operation • Avail connects to your high speed communications interface provider • Included in this Hosted System • Avail maintains system backup services and Agreement operational system redundancy • Includes system hardware maintenance and software release maintenance and upgrades • Avail provides the staff for operation and maintenance of the computer system at the hosted location II Submitted by: Page 10 ..:::! CPC Avail Technologies,Inc. (rev 2014) ..........•••5111111111..:::!“ ' nvaIL Packet Page -1808- "FcRN °°'F` '"C 4/28/2015 16.D.15. Maintenance and Support Plan February 1,2015 through January 31,2017 Collier Area Transit Problem Resolution Standards Level Definition Target action • Production use of the system is • Initial response within(4)four possible,but a business function is business hours; disabled and no workaround exists; • Resource assigned within a day and Routine Care remains assigned until resolution; • This category also applies to problems which severely impact the • Activity to resolve problem during progress of an implementation business hours; project where no workaround exists. • Target Resolution:72 hours. • Initial response within(1)one business hour for Standard • Business Critical—Production use of Business Hours Support; the system is not possible; • Extended Hours Support response • No communication with vehicles and time will be one(1)hour Urgent Care no workaround exists; • Resource assigned immediately and remains assigned until • COUNTY requires resolution urgently resolution; do to financial, legal and public risk Immediate activity to resolve •exposure. problem; • Target Resolution:24 hours. Prevailing Labor Charges for non-Supported Repairs and Services a. Software Engineer-$154.00/hour b. Technician- $88.00/hour Rates are subject to periodic review and adjustment. Changes to the rate, if any,will occur no more frequently than annually. Reporting Process: 1. Contact the Call Center and register problem with system-(814)-234-3394(extension 1050); 2. If no answer at the Call Center, be sure to leave caller name, property name and contact phone number,description of problem; 3. Alternate contact: a. Fax-(814)-234-3393; b. E-mail-support@availtec.com. Standard Business Hours: 1. Monday through Friday; 2. 7:3o AM to 6:3o PM EST; 3. Business Closure-January 1st,Memorial Day,July 4th, Labor Day,Thanksgiving and the following Friday, December 25th.(NOTE: If the Holiday falls on a Saturday,Avail is closed on the preceding Friday. If a•Submitted by: Page 11 ..... ; ���.• :. Avail Technologies,Inc. (rev 2014) ""' Packet Page -1809- <<CHN°■° '�' '"r 4/28/2015 16.D.15. Maintenance and Support Plan February 1, 2025 through January 31,2017 Collier Area Transit Holiday falls on a Sunday,Avail is closed on the following Monday.) Work Flow: Upon receipt of an issue,AVAIL support staff will begin documentation of the issue.The documentation shall record all pertinent information that has been received either by telephone or email. Following completion of the gathering of information regarding the problem,AVAIL support staff will categorize the issue and communicate the target action back to COUNTY contact. Once a problem has been identified,AVAIL support staff will work with AVAIL or third party engineering staff to determine an appropriate solution timeframe.Once the solution has been tested and proven viable,AVAIL support staff will contact COUNTY to make arrangements for implementation. In the event that the solution cannot be tested and implemented within the timeframe that was initially communicated to COUNTY,AVAIL support staff will attempt to implement a workaround for COUNTY while pursuing resolution. In all cases,AVAIL will attempt to minimize the amount of time necessary to resolve the issue. If AVAIL personnel cannot recreate the problem in the lab configuration,additional information may be required from COUNTY.This may include but is not limited to screen shots in .bmp or.jpg format and/or retrieval of files from the affected software. AVAIL will endeavor to resolve any system problems remotely through use of a Virtual Private Network (VPN). If both parties deem it necessary to travel to COUNTY premises to resolve the problem,the on-site engineering/technical support services are included in this agreement.The cost for the travel and living expenses shall be agreed upon between the PARTIES.The engineering/technical support services rendered will be billed to COUNTY if it is determined while on site that the problem resolution was not due to AVAIL's inability to re-create and resolve the problem remotely. Plan Acceptance For AVAIL For: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Signature: pi Signature: Name: Jeffrey Pog e Name: Title: Vice Pr sid nt of Operations Title: Date: 3/ l/ckt Date: • ATTEST r: as to f legality DWIGHT E. BROCK, CLERK BY: Scott R.Teach,Deputy County Attorney Submitted by: Page 12 ••... �.::..c. Avail Technologies,Inc. (rev 2014) Packet Page -1810- TFCHNO,°CIEs 4/28/2015 16.D.15. Maintenance and Support Plan February 1,2015 through January 31,2017 Collier Area Transit EXHIBIT A Payment Schedule Payment Due Period of Support Upon Extension Acceptance February 1, 2015 thru Jan 31, $197,923.00 2017 (ID Submitted by: Page 13 .. .. Avail Technologies,Inc. (rev 2024) :;;;:. :• ;'' CVO IL Packet Page -1811- IECHNOI 4/28/2015 16.D.15. ScottTrinity From: Christopher.White @ dot.gov Sent: Friday, April 10, 2015 10:24 AM To: ScottTrinity Cc: valencia.williams @dot.gov Subject: RE: Eligible Use of Funds YES From: ScottTrinity [mailto:TrinityScott©colliergov.net] Sent: Friday, April 10, 2015 10:22 AM To: White, Christopher(FTA) Cc: Williams, Valencia (FTA) Subject: RE: Eligible Use of Funds Chris,for absolute clarity, may we pay Avail now for current and one future year of warranty to expedite the close-out of the grants as explained below? Please answer YES or NO. Thank you. Thanks, Trinity L. Scott, Public Transit Manager Collier County Public Transit& Neighborhood Enhancement 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 (239) 252-5832 Fax: (239) 252-6610 trinityscott@colliergov.net From: Christopher.White©adot.bov [mailto:Christopher.White(adot.bov] Sent: Friday, March 27, 2015 5:09 PM To: ScottTrinity Cc: valencia.williams @dot.gov Subject: RE: Eligible Use of Funds Trinity, I think you're on safe ground with purchasing the warranty costs as projected (since eligibility has already been deemed to be fine);just looked at the revised 11.52.04 milestone dates, so curious if the RFB/Contract that was Awarded (back in 7/2011) is still open &viable which will allow for timely Completion of Contract and draw down of funds? Note my highlighted items below: I've always reiterated that proper documentation of files has been the key to grantees being able to subsequently justify expenditures (keep the cost evaluation/analysis as of the file too). V/R, Chris White FTA Region IV 404-865-5619 1 Packet Page-1812- 4/28/2015 16.D.15. From: Williams, Valencia (FTA) Sent: Friday, March 27, 2015 4:41 PM To: White, Christopher (FTA) 2c: ScottTrinity (TrinityScott@colliergov.net) Subject: RN: Eligible Use of Funds Importance: High Chris, Would you assist Trinity with her request. See the email message below. From: ScottTrinity [mailto:TrinityScott©colliergov.net] Sent: Friday, March 27, 2015 9:07 AM To: Williams, Valencia (FTA) Subject: RE: Eligible Use of Funds Importance: High Valencia, I am working with our finance department to ensure that we have the proper documentation in our file to ensure all charges are reimbursable. As you are aware, FTA has consistently requested that we attempt to close-out our older grants by spending the funds down for the projects, in an attempt to expedite the closing of two grants (noted below), I am trying to purchase our warranty for our AVL/Annunciation system which are eligible uses for the ALI's in each grant. In order to spend the funds down and be able to close out both grants as soon as possible, we would like to purchase 2 years of warranty service. The first year of the warranty was supposed to start on 2/1/15 and the second year would begin on 2/1/16. The cost for 15/16 is$96,548 and the second year is$101,375. We have evaluated the cost of the extended warranty and have found it to be fair and reasonable. Since you have already opined with regard to the eligibility of the cost, can you please advise if it is allowable that I pay for the warranty which will begin on 2/1/16 through 1/31/17 with the funds in FL90X699,ALI 11.52.04 now, which will allow Collier County to expedite the close-out of this grant? If you have any questions, please do not hesitate to contact me. Thanks, Trinity L. Scott, Public Transit Manager Collier County Public Transit & Neighborhood Enhancement 3299 Tamiami Trail East, Suite 103 Naples, Florida 34112 (239) 252-5832 Fax: (239) 252-6610 trinityscott @colliergov.net From: valencia.williams©dot.00v [mailto:valencia.williams @dot.ciov] Sent: Wednesday, January 07, 2015 1:39 PM To: ScottTrinity Subject: RE: Eligible Use of Funds Yes, ali 11.52.04 can be used to purchase a warranty for the Automatic Vehicle Locator/Annunciation system. From: ScottTrinity [mailto:TrinityScott@colliergov.net] Sent: Wednesday, January 07, 2015 12:53 PM 2 Packet Page-1813- 4/28/2015 16.D.15. To: Williams, Valencia (FTA) • Subject: Eligible Use of Funds Importance: High Valencia, I am trying to close out line items on a few grants, I would like to confirm that a warranty for the Automatic Vehicle Locator/Annunciation system that was purchased with the ALI's below would also be an eligible expense under these ALI's? FL96X019 11.52.04 FL90X699 11.52.04 Thank you in advance for your assistance. Best Regards, Trinity L. Scott, Public Transit Manager Collier County Public Transit & Neighborhood Enhancement (239) 252-5832 Under Florida Law,e r ns addresses are public records.if you no not want your e-mail address released in response to a public records request,do not send electronic, ,ail to this entity.insretrd contact this office by telephone or in writing_ 3 Packet Page-1814-