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Agenda 04/10/2012 Item #16A154/10/2012 Item 16.A.15. EXECUTIVE SUMMARY Recommendation to approve Addendum number two to Software License and Services Agreement and the Customer Support Agreement Between RouteMatch Software, Inc. and Collier County for the RMGATE software interface license, a component of the Collier Area Transit Intelligent Transportation System. OBJECTIVE: To approve Addendum number two to Software License and Services Agreement and the Customer Support Agreement between RouteMatch Software, Inc. and Collier County for the RMGATE software interface license, a component of the Collier Area Transit Intelligent Transportation System (ITS) project. CONSIDERATION: Collier County and RouteMatch Software, Inc., entered into a Software License and Services Agreement dated November 7, 2005, to provide a program utilized for scheduling trips on Collier Area Transit Para transit system. A separate Customer Support Agreement dated October 13, 2010, was entered into for the annual support and training of the software program. On April 12, 2011 the Board approved addendum number one to the Software License and Services Agreement and Customer Support Agreement to upgrade the Route Match software to the latest version and move the program to a remote hosted venue. The Collier Area Transit Intelligent Transportation System (ITS) is an American Recovery and Reinvestment Act (ARRA) 100% fully funded project. Avail Technologies is the contracted vendor for the implementation and integration of the Intelligent Transportation System technology that will be installed and implemented onboard the Collier Area Transit buses. Some of the Technology that Avail will be implementing and integrating are Automated Vehicle Locators (AVL), Automated Passenger Counters (APC) and Automated Vehicle Announciators (AVA) for both the visually and hearing impaired. This project requires an interface between the Avail Technologies and RouteMatch for the collection and transfer of information from the Paratransit system for reporting purposes. In anticipation of the need for this interface, Collier County negotiated the cost of this license and integration ($70,050) and previously included it in the existing contract between Collier and Avail Technologies (Contract #11- 5650); the cost will be paid by Avail Technologies directly to RouteMatch. The RMGATE mobile software license will allow Paratransit dispatching information to be transmitted to the Paratransit on -board mobile unit. By entering into this agreement, Collier County will become the perpetual Licensee of the RMGATE software license thus ensuring continuity of license ownership and data access, beyond the current vendor contractual time period. FISCAL IMPACT: The cost of the license as well as warranty, support and hosting is included within Phase I of the existing ITS Avail Technologies contract 11 -5650 through October 2013. Phase 1 of the Avail Technologies contract is funded by federal grant dollars totaling $1,109,947 and is budgeted within ARRA Grant Fund (125), Projects 33045 and 35065. Subsequent warranty, support and hosting costs have been negotiated within Phase II at a cost of $449,336 for three years through October 2016. This Phase II fee includes expanded Packet Page -1058- 4/10/2012 Item 16.A.15. implementation of real -time information via touch tone phone, signage, and audio ADA. While all costs associated with this initiative are grant eligible, the pool of grant dollars going forward may not be sufficient to fund all eligible grant expenses. Should grant dollars be cut or diverted to other Collier County transit programs by policy, gas tax revenue would be used to support carrying costs going forward. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT. GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approves addendum number two to Software License and Services Agreement and Customer Support Agreement Between RouteMatch Software, Inc. and Collier County for the RMGATE software interface license thus ensuring continuity of license ownership and data access, beyond the current vendor contractual time period; and authorize the Chairman to sign the attached Agreement. Prepared by: Glama Carter, Public Transit Manager- CAT Attachment(s): 1) Addendum to Software License and Services Agreement and Customer Support Agreement between RouteMatch Software, Inc. and Collier County; Packet Page -1059- 4/10/2012 Item 16.A.15. COLLIER COUNTY Board of County Commissioners Item Number: 16.A.15. Item Summary: Recommendation to approve Addendum number two to Software License and Services Agreement and the Customer Support Agreement Between RouteMatch Software, Inc. and Collier County for the RMGATE software interface license, a component of the Collier Area Transit Intelligent Transportation System. Meeting Date: 4/10/2012 Prepared By Name: CarterGlama Title: Manager - Public Transit,Alternative Transportation Modes 2/22/2012 3:13:46 PM Submitted by Title: Manager - Public Transit,Alternative Transportation Modes Name: CarterGlama 2/22/2012 3:13:47 PM Approved By Name: SotoCaroline Title: Management /Budget Analyst,Transportation Administr Date: 3/7/2012 11:00:02 AM Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 3/9/2012 8:29:33 AM Name: AmoldMichelle Title: Director - Alt Transportation Modes,Altemative Tr Date: 3/9/2012 10:58:12 AM Name: FederNorman Title: Administrator - Growth Management Div,Transportati Date: 3/9/2012 11:42:10 AM Packet Page -1060- Name: TeachScott Title: Deputy County Attorney,County Attorney Date: 3/9/2012 2:39:14 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 3/12/2012 11:16:38 AM Name: KlatzkowJeff Title: County Attorney Date: 3/14/2012 4:31:59 PM Name: StanleyTherese Title: Management/Budget Analyst, Senior,Office of Management & Budget Date: 3/16/2012 1:04:09 PM Name: KlatzkowJeff Title: County Attorney Date: 3/16/2012 3:26:23 PM Name: OchsLeo Title: County Manager Date: 4/3/2012 12:14:19 PM Packet Page -1061- 4/10/2012 Item 16.A.15. 4/10/2012 Item 16.A.15. Addendum Two To Software License and Services Agreement and Customer Support Agreement Between RouteMatch Software, Inc. and Collier County This Addendum is made and entered into effective as of March _, 2012, by and between RouteMatch Software, Inc., a Georgia corporation ( "RouteMatch "), authorized .to do business in the State of Florida, and Collier County, Florida, a political subdivision of the State of Florida ( "Licensee "), collectively referred to herein as the "Parties." WHEREAS, RouteMatch and Licensee entered into a Software License and Services and Customer Support Agreement dated November 7, 2005 ( "the Original Agreement "), as amended by a separate Addendum dated April 7, 2011; and WHEREAS, Licensee has entered into a contract with Avail Technologies, Inc., for an intelligent transportation system and Avail has subcontracted with RouteMatch to provide RouteMatch software in furtherance of that contract; and WHEREAS, the parties desire to add this software licensing to the Original Agreement as set forth below. NOW, THEREFORE, the Parties hereto agree to this Addendum to the Original Agreement: I. LICENSING AND LICENSE FEES RouteMatch MDC /AVL and RMGateTM License. In consideration of the payment of the license fees and other fees and expenses set forth below, RouteMatch grants to Licensee a nonexclusive, nontransferable, perpetual (subject to termination as provided in the Original Agreement) license for the authorized number of Vehicles to use RouteMatch MDC /AVL and RMGateTM. Licensee agrees that it may allow up to twenty (20) Vehicles access to the Software. All other terms and conditions relating to the licensing set forth in the Original Agreement are in full force and effect as to these twenty additional licenses. Additional Licensing Fees: Fees for this additional licensing shall be paid to RouteMatch by Avail as per Contract # 11 -5650 between Collier County and Avail Technologies, Inc., dated July 26, 2011. All other sections of the Original. Agreement shall remain as originally written. IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the date first above written. Packet Page -1062- ATTEST: Dwight E. Brock, Clerk By: Date: Approved as to .form and legal sufficiency: Scott R. Teach. Deputy County Attorney 4/10/2012 Item 16.A.15. LICENSEE: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, BY: Fred W. Coyle, Chairman ROUTEMATCH SOFTWARE, INC. By: Witness Witness Typed Name and Title 2 Packet Page -1063-