Backup Documents 03/12/2013 Item #16A10ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1. A�
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Routed by Purchasing Department; to
Diana DeLeon for Brenda Brilhart, March
Phone Number
-4
the Following Addressees fit„ routing order)
Office
Initials
Da
1. Risk Management
Risk
Agenda Date Item was
March 12, 2013
Agenda Item Number
16.A.10
2. County Attorney Office
County Attorney Office
3. BCC Office
Board of County
Number of Original
�!
Attached
Commissioners
Documents Attached
4. Minutes and Records
Clerk of Court's Office
Solicitation / Contract
13 -5993 Midwestern
5. Return to Purchasing Department
Purchasing
NumberNendor Name
Software Solution
Contact: Diana DeLeon
Office and all other parties except the BCC Chairman and the Clerk to the Board
PRIMARY CONTACT INFORMATION
Name of Primary
Diana DeLeon for Brenda Brilhart, March
Phone Number
252 -8375
Purchasing Staff
12, 2013
(Initial ) =
A licable)
Contact and Date
Does the document require the chairman's original signature?
Agenda Date Item was
March 12, 2013
Agenda Item Number
16.A.10
Approved by the BCC
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
Type of Document
Contract
Number of Original
2
Attached
signed by the Chairman, with the exception of most letters, must be reviewed and signed
Documents Attached
PO number or account
N/A
Solicitation / Contract
13 -5993 Midwestern
number if document is
All handwritten strike - through and revisions have been initialed by the County Attorney's
NumberNendor Name
Software Solution
to be recorded
Office and all other parties except the BCC Chairman and the Clerk to the Board
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial ) =
A licable)
1.
Does the document require the chairman's original signature?
2.
Does the document need to be sent to another agency for additional signatures? If yes,
N/A
provide the Contact Information (Name; Agency; Address; Phone) on an attached sheet.
3.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney.
4.
All handwritten strike - through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
5.
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final negotiated contract date whichever is applicable.
6.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required.
7.
In most cases (some contracts are an exception), an electronic copy of the document and
this routing slip should be provided to the County Attorney's Office before the item is
input into SIRE.
8.
The document was approved by the BCC on the date above and all changes made
during the meeting have been incorporated in the attached document. The County
Attorney's Office has reviewed the changes, if applicable.
9.
Initials of attorney verifying that the attached document is the version approved by the
BCC, all changes directed by the BCC have been made, and the document is ready for the
Chairman's signature.
16A30
MEMORANDUM
Date: March 18, 2013
To: Diana De Leon, Contract Technician
Purchasing Department
From: Martha Vergara, Deputy Clerk
Minutes & Records Department
Re: Contract #13 -5993 "Traffic Count Software"
Contractor: Midwestern Software Solution, LLC.
Attached, is an original of the contract referenced above (Item #16A10),
approved by the Board of County Commissioners on Tuesday, March 12, 2013.
The original will be held on file with the Minutes and Record's Department in the
Board's Official Records.
If you have any questions, please contact me at 252 -7240.
Thank you.
Attachment
16A10
A G R E E M E N T 13-5993
for
Traffic Count Software
THIS AGREEMENT, made and entered into on this _L7 .ay of M e 2013, by and
between Midwestern Software Solution, LLC, authorized to do business in the State of
Florida, whose business address is 3815 Plaza Drive Ann Arbor, Michigan 48108, (the
"Consultant ") and Collier County, a political subdivision of the State of Florida, (the
"County" or "Customer "):
WITNESSETH:
1. COMMENCEMENT. The Consultant shall commence the work upon Notice to
Proceed. The initial term of the contract is one (1) year, with three (3) one (1) year
renewal options. Development of the project action plan, system implementation and
user training support (Exhibit "A" - Scope of Services) is anticipated to be completed
within ninety (90) calendar days (Exhibit "B ") from Notice to Proceed. The County
Manager, or his designee, may, at his discretion, extend the Agreement under all of the
terms and conditions contained in this Agreement for up to one hundred and eighty
(180) days. The County Manager, or his designee, shall give the Consultant written
notice of the County's intention to extend the Agreement term not less than thirty (30)
days prior to the end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Consultant shall provide consulting services to develop
and support a cloud -based Traffic Count Software program in accordance with the
terms and conditions of RFP #13 -5993 and the Consultant's proposal referred to herein
and made an integral part of this agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Consultant and the County Project or Contract
Manager or his designee, in compliance with the County Purchasing Policy and
Administrative Procedures in effect at the time such services are authorized.
3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of
this Agreement an estimated maximum amount of one hundred and one thousand
eight hundred and forty dollars ($101,840.00), based on the fee schedule (Exhibit "C")
set forth in this contract, subject to Change Orders as approved in advance by the
County. Payment will be made upon receipt of a proper invoice and upon approval by
the Project Manager and/or his designee, and in compliance with Chapter 218, Fla.
Stats., otherwise known as the "Local Government Prompt Payment Act ".
3.1 Payments will be made for services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6)
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months after completion of contract. Any untimely submission of invoices beyond the
specified deadline period is subject to non- payment under the legal doctrine of
"laches" as untimely submitted. Time shall be deemed of the essence with respect to
the timely submission of invoices under this agreement.
3.2 TRAVEL AND REIMBURSABLE EXPENSES
Travel and Reimbursable Expenses are not anticipated, but if requested must be
approved in advance in writing by the County. Travel expenses shall be reimbursed as
per Section 112.061 Fla. Stats.
Reimbursements shall be at the following rates:
Mileage
$0.445 per mile
Breakfast
$6.00
Lunch
$11.00
Dinner
$19.00
Airfare
Actual ticket cost limited to tourist or coach class
fare
Rental car
Actual rental cost limited to compact or
standard -size vehicles
Lodging
Actual cost of lodging at single occupancy rate
with a cap of no more than $150.00 per night
Parking
Actual cost of parking
Taxi or Airport
Limousine
Actual cost of either taxi or airport limousine
4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
5. NOTICES. All notices from the County to the Consultant shall be deemed duly served
if mailed or faxed to the Consultant at the following Address:
Ben Chen, Project Manager
Midwestern Software Solution, LLC
3815 Plaza Drive
Ann Arbor, MI 48108 -1655
(734) 995 -0200
be @ms2.com
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All Notices from the Consultant to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Purchasing & General Services Director
Telephone: 239 - 252 -8975
Facsimile: 239 - 252 -6480
The Consultant and the County may change the above mailing address at any time
upon giving the other party written notification. All notices under this Agreement must
be in writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Consultant or to constitute the Consultant as
an agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Consultant. Payment
for all such permits issued by the County shall be processed internally by the County.
All non - County permits necessary for the prosecution of the Work shall be procured
and paid for by the Consultant. The Consultant shall also be solely responsible for
payment of any and all taxes levied on the Consultant. In addition, the Consultant shall
comply with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Government now in force or hereafter adopted. The Consultant agrees to comply
with all laws governing the responsibility of an employer with respect to persons
employed by the Consultant.
8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to
use in any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Consultant
or if the County or its authorized representative shall deem any conduct on the part of
the Consultant to be objectionable or improper, the County shall have the right to
suspend the contract of the Consultant. Should the Consultant fail to correct any such
violation, conduct, or practice to the satisfaction of the County within twenty -four (24)
hours after receiving notice of such violation, conduct, or practice, such suspension to
continue until the violation is cured. The Consultant further agrees not to commence
operation during the suspension period until the violation has been corrected to the
satisfaction of the County.
9. TERMINATION. Should the Consultant be found to have failed to perform his
services in a manner satisfactory to the County as per this Agreement, the County may
terminate said agreement for cause; further the County may terminate this Agreement
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for convenience with a thirty (30) day written notice. The County shall be sole judge of
non - performance. In the event that the County terminates this Agreement, Consultant's
recovery against the County shall be limited to that portion of the Contract Amount
earned through the date of termination. The Consultant shall not be entitled to any other
or further recovery against the County, including, but not limited to, any damages or
any anticipated profit on portions of the services not performed.
10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination
as to race, sex, color, creed or national origin.
11. INSURANCE. The Consultant shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000
Per Occurrence, $1,000,000 aggregate for Bodily Injury Liability and Property Damage
Liability. This shall include Premises and Operations; Independent Consultants;
Products and Completed Operations and Contractual Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws. The coverage must
include Employers' Liability with a minimum limit of $1,000,000 for each accident.
Special Requirements: Collier County Government shall be listed as the Certificate
Holder and included as an Additional Insured on the Comprehensive General Liability
Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Consultant during the duration of this Agreement. The Consultant shall
provide County with certificates of insurance meeting the required insurance
provisions. Renewal certificates shall be sent to the County ten (10) days prior to any
expiration date. Coverage afforded under the policies will not be canceled or allowed to
expire until the greater of: ten (10) days prior written notice, or in accordance with
policy provisions. Consultant shall also notify County, in a like manner, within twenty -
four (24) hours after receipt, of any notices of expiration, cancellation, non - renewal or
material change in coverage or limits received by Consultant from its insurer, and
nothing contained herein shall relieve Consultant of this requirement to provide notice.
Consultant shall ensure that all Subconsultants /Contractors comply with the same
insurance requirements that he is required to meet.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the
Consultant shall indemnify and hold harmless Collier County, its officers and
employees from any and all liabilities, damages, losses and costs, including, but not
limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any
.claimed breach of this Agreement by Consultant, any statutory or regulatory violations,
or from personal injury, property damage, direct or consequential damages, or
economic loss, to the extent caused by the negligence, recklessness, or intentionally
wrongful conduct of the Consultant or anyone employed or utilized by the Consultant
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in the performance of this Agreement. This indemnification obligation shall not be
construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
This section does not pertain to any incident arising from the sole negligence of Collier
County.
12.1 The duty to defend under this Article 12 is independent and separate from the
duty to indemnify, and the duty to defend exists regardless of any ultimate liability of
the Consultant, County and any indemnified party. The duty to defend arises
immediately upon presentation of a claim by any party and written notice of such
claim being provided to Consultant. Consultant's obligation to indemnify and defend
under this Article 12 will survive the expiration or earlier termination of this
Agreement until it is determined by final judgment that an action against the County or
an indemnified party for the matter indemnified hereunder is fully and finally barred
by the applicable statute of limitations.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Growth Management Division/ Traffic Operations Department.
14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required hereunder. Consultant further represents
that no persons having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Consultant's Proposal, Insurance Certificate, RFP #13- 5993 - Traffic Count
Software, County Software Specifications/ Scope of Services, Addenda and any written
response to questions.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or
individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee,
service or other item of value to any County employee, as set forth in Chapter 112, Part
III, Florida Statutes, Collier County Ethics Ordinance No. 2004 -05, and County
Administrative Procedure 5311. Violation of this provision may result in one or more of
the following consequences: a. Prohibition by the individual, firm, and /or any
employee of the firm from contact with County staff for a specified period of time; b.
Prohibition by the individual and/or firm from doing business with the County for a
specified period of time, including but not limited to: submitting bids, RFP, and/or
quotes; and, c. immediate termination of any contract held by the individual and/or
firm for cause.
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18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Consultant is formally acknowledging without exception or stipulation that it is
fully responsible for complying with the provisions of the Immigration Reform and
Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto,
as either may be amended. Failure by the Consultant to comply with the laws
referenced herein shall constitute a breach of this agreement and the County shall have
the discretion to unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
21. ADDITIONAL ITEMS /SERVICES. Additional items and/or services may be added to
this contract in compliance with the Purchasing Policy.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted
by this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Consultant with full decision - making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed -upon Circuit Court Mediator certified by the State of Florida. The mediation
shall be attended by representatives of Consultant with full decision - making authority
and by County's staff person who would make the presentation of any settlement
reached at mediation to County's board for approval. Should either party fail to submit
to mediation as required hereunder, the other party may obtain a court order requiring
mediation under section 44.102, Fla. Stat.
23. VENUE. Any suit or action brought by either party to this Agreement against the other
party relating to or arising out of this Agreement must be brought in the appropriate
federal or state courts in Collier County, Florida, which courts have sole and exclusive
jurisdiction on all such matters.
24. KEY PERSONNEL/PROTECT STAFFING: The Consultant's personnel and
management to be utilized for this project shall be knowledgeable in their areas of
expertise. The County reserves the right to perform investigations as may be deemed
necessary to ensure that competent persons will be utilized in the performance of the
contract. The Consultant shall assign as many people as necessary to complete the
project on a timely basis, and each person assigned shall be available for an amount of
time adequate to meet the dates set forth in the Project Schedule. The Consultant shall
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not change Key Personnel unless the following conditions are met: (1) Proposed
replacements have substantially the same or better qualifications and/or experience. (2)
that the County is notified in writing as far in advance as possible. The Consultant shall
make commercially reasonable efforts to notify Collier County within seven (7) days of
the change. The County retains final approval of proposed replacement personnel.
25. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms
of any of the Contract Documents, the terms of the Request for Proposal and/or the
Consultant's Proposal, the Contract Documents shall take precedence. In the event of
anv conflict between the terms of the RFP and the Consultant's Proposal, the language
in the RFP would take precedence.
26. ASSIGNMENT: Consultant shall not assign this Agreement or any part thereof,
without the prior consent in writing of the County. Any attempt to assign or otherwise
transfer this Agreement or any part herein, without the County's consent, shall be
void. If Consultant does, with approval, assign this Agreement or any part thereof, it
shall require that its assignee be bound to it and to assume toward Consultant all of
the obligations and responsibilities that Consultant has assumed toward the County.
27. CONFIDENTIAL AND PROPRIETARY INFORMATION:
A. Proprietary Information. Customer acknowledges that in order to perform the
services called for in this contract, it shall be necessary for Consultant to disclose to
the customer certain Proprietary Information that has been developed by Consultant
at great expense and that has required considerable effort of skilled professionals.
Customer further acknowledges that the programs will of necessity incorporate such
Proprietary Information. Customer agrees that it shall not disclose, transfer, use,
copy, or allow access to any such Proprietary Information to any employees or to any
third parties, excepting those who have a need to know such Proprietary Information
in order to give effect to the Customer's rights hereunder and who have bound
themselves, in writing, to respect and protect the confidentiality of all such
Proprietary Information. In no event shall the customer disclose any such Proprietary
Information to any competitors of Consultant.
B. Notwithstanding, anything to the contrary in any other section of this Contract,
Consultant hereby acknowledges that the Customer is subject by law to certain
information and document disclosure and copying requirements that may require the
County to disclose information or copies of documents relating to or forming part of
the program(s) trade secret or copyright protection. Accordingly, prior to disclosing
such information or reproducing such documents to a third party, the County shall
seek the Consultant's written consent to each such disclosure or reproduction and the
Consultant agrees not to unreasonably with hold such consent. Neither customer nor
Consultant has any obligation to disclose any Trade Secret. "Trade Secret" as defined
in Section 812.081, Florida Statutes, are exempt from "Public Records Law" disclosure
by application of Section 119.08(3)(o), Florida Statutes. Customer shall not
intentionally disclose any of the subject trade secrets. In the event that customer is
unsure whether an item is a trade secret, Customer shall rely on Consultant's
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assertion that the item is a trade secret and shall in reliance thereon treat the item as a
trade secret vis -a -vis Chapter 119, Florida Statutes. In any case where the Consultant
expressly consents to specific disclosure of information or reproduction of documents
relating to or forming part of the program(s), the Consultant hereby waives for each
specific disclosure or reproduction any claim against the County for violation of trade
secret or copyright laws or violation of any term of this Contract for such a release of
information or copies of documents. In any case where the Consultant refuses to
consent to disclosure or reproduction and the County is as a result thereafter made a
party to a suit arising under Chapter 119, Fla. Stat (i.e., the "Florida Public Records
Law'), the Consultant agrees to intervene in such suit with counsel and at the
Consultant's expense and to present evidence to establish that the information or
documents the Consultant has requested the County to withhold under the terms of
this Contract are in fact exempt from disclosure under the Florida Public Records
Law pursuant to Section 119.07(3)(o). Should the court in such a suit determine that
the information or documents in question must be disclosed or reproduced pursuant
to the Florida Public Records Law, the Consultant shall have no claim against the
County for violation of this Contract or trade secret or copyright laws or otherwise.
However, to the extent the Consultant did not unreasonably withhold its consent to
disclosure or reproduction in the first place, the Consultant also shall have no
obligation to pay any attorneys' fees or costs assessed against the County as a result
of the nondisclosure or non - reproduction of the information or documents.
* * * * * * * * * * * * * * * * * * * * * *** *** * ** *Remainder of page intentionally left blank * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By:
Geor$IX. Hiller, Esq., Chairwoman
Midwestern Software Solutions, LLC
Consultant
By:
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Signature
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EXHIBIT A
SCOPE OF SERVICES
I. Overview of Contract
16A10
The Consultant shall implement, host and maintain a web -based traffic data management system for
the Collier County Traffic Management Center's data processing and reporting. Services will include
establishing automated polling procedures and data management systems to generate traffic data
reports for Traffic Management Center requirements. The Consultant will host and maintain the web
based management system for the initial four (4) year contract period. Services may include, but not
be limited to, the following:
A. An action plan for creating, importing historical data and hosting a data storage system for the
Collier County Traffic Management Center (TMC) current and future traffic data sources. The
Traffic Management Center currently uses multiple software tools and formats for processing and
reporting traffic data such as Siemens ITS ACTRA/TACTICS System Software, Wavetronix CMD
System, Time Mark Pneumatic Hose System and Turning Movements Counts. Spreadsheets,
queries, and database storage of traffic information should be integrated into one web based
hosted solution making it easier to analyze, query, report, display, access and utilize traffic counts
database information.
B. An automated traffic database for processing and reporting traffic data. The service shall provide
database management tools that improve Collier County's TMC overall traffic data quality. The
Consultant should provide a web based hosting application that can provide electronic tools for
compiling the hourly, daily, monthly, quarterly and year -end processes. In support of providing
processing and reporting of traffic data, the services should, at a minimum, provide:
i. Traffic data polling management by auto - polling and receiving traffic data as machine -
readable volumes, bins, or individual vehicle records. Traffic data devices used by Collier
County Traffic Operations include the following vendors:
a. ACTRA / TACTICS - Siemens Database
b. Wavetronix
c. Time Mark
d. Sensys Networks
ii. Traffic data collection site management;
iii. Data workflow management;
iv. Quality control and quality checking of data;
V. Status reporting on failed sensors or count station(s) if not operating;
vi. Calculation of Seasonal Adjustment Factors and Axle Adjustment Factors in accordance
with FHWA Traffic Monitoring Guide procedures;
vii. Calculation of Average Daily Traffic (ADT) and Annual Average Daily Traffic (AADT);
viii. Calculation of Annual Highest Hours, Annual Hourly Day of Week, Annual Day of Week
Percentage Statistics;
ix. Processing and storage of short count data and continuous count data including volume,
classification, and speed and length data;
X. Reports of counts on customizable intervals and set intervals (hourly, daily, weekly,
monthly, quarterly and year -end), both for specified station(s) as well as system -wide;
xi. Calculation and plotting of the AM, Mid -Day and PM Peak hourly volumes for the various
road segments, with the option to include or exclude weekend volumes;
xii. The ability to display the AADT, the peak hour volume and turning movement volumes
on the web based map interface;
xiii. The ability to compare and display the growth or reduction in the traffic volumes (ADT)
for the various roadway segments from the same periods (quarters or years) from
previous years, on the web based map interface;
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xiv. Database management tools for the storage, modification, importing and extraction of
traffic information.
C. The hosted application must satisfy the FHWA Traffic Monitoring Guide (TMG) requirements and
the American Association of State and Highway Officials (AASHTO) guidelines for Traffic Data
Programs.
D. The ability to display locations and count data on a web based map interface, such as Google
Maps API, and the ability to add or modify stations.
E. Provide training to CC TMC staff, which shall include but not be limited to: System operations
training, System modification training, and Report generation training.
F. Provide remote and on -site support services to CC TMC staff, which shall include, but not to be
limited to: Troubleshooting system errors, customizing and building reports upon request, security
and software updates.
II. Service Level Agreement
The consultant shall provide definitions of key terms used in the Service Level Agreement (SLA). This
must include the definition of "The Service ", which fully explains:
A. The critical software applications and hardware devices involved in the provision of the service
that the consultant is responsible for providing, such as:
i. Database server
ii. Web application server
iii. All required hardware or software resources needed to implement the production
database application.
iv. Enough disk space to store all CC TMC's raw traffic data for at least 10 years, and a
process to ensure its authenticity.
V. This would include any licensing requirements for creating a Virtual Server for the
above mentioned severs.
vi. Uninterruptible power supply
vii. Separate backup device or service for recovery of all Data by the CC TMC.
B. Critical duties a consultant is responsible for performing.
C. Responsibility that any shared or stored data is sole property of the Collier County Traffic
Management Center, and is not available for sale or to be used for commercial gain without
explicit consent of the Collier County Traffic Management Center.
D. Any other applications, devices or duties for which Consultant is responsible for in maintaining the
integrity and authenticity of the count data.
III. Service Availability
The application service must allow all its functions to be executed via a standard web browser. At a
minimum the application service must be:
• 99% available during working hours: between 6:30 AM and 5:30 PM EST, Monday through
Friday, excluding public holidays observed by CC TMC
• 95% all other times, including public holidays observed by CC TMC
The consultant must define any exclusion that may apply to the service availability, for example; lost
passwords, deliberate or accidental misuse by registered users, reasonable delays due to computer
intensive activities such as data loading or performing intensive calculations, etc.
IV. Performance Levels
The application service must provide secure environments for two kinds of users:
A multi -user, collaborative, read /write environment for registered data analysts and
administrators from CC TMC
• A read -only reporting environment for non - authenticated (public) users
The application service must provide at least the minimum licensing for the following:
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5 simultaneous registered data analysts
20 simultaneous public users
The application service must continue to operate with minimal changes to performance for the
heaviest specified loads.
V. Security
The system must take measures to prevent security threats that may result in data loss or service
degradation, including:
A. Firewalls
B. Built in Role Based Access Control for various objects and actions throughout the application
C. A secure process for creating users, which details who controls user creation and their
permissions
D. Built in measures that prevent modification or destruction of data by unauthorized users
E. Built in measures for managing typical input validation errors that may compromise security,
such as format strings, SQL injection, cross -site scripting, HTTP header injection and the like.
F. Secure password management policies that include, at a minimum, a process for password
recovery, a process for changing the password, and a policy on password strength.
G. Encryption policies and algorithms for the secure transmission of data between hosted service
and connections to CC TMC or outside public internet activity
VI. Support Response
The consultant must provide support response goals based on the level of urgency and present a
schedule for response times for normal business hours and off shift hours. A resolution goal timeline
will also be provided for handling support requests.
VII. Other Policies
The system must contain details on any other important service policies including:
A. A backup and disaster recovery plan in the event of data loss due to natural or human
induced disasters
B. Control measures in recovery plan shall include preventive, detective and corrective measures
C. An incident reporting and tracking process
D. The approach to providing a fault tolerant computing environment
VIII. Deductions for Non - Performance
Fees for service will be reduced on a pro -rata basis by comparing time the service is not in
compliance against the stated benchmarks. The contract may be terminated if the service is not
available at least 80% of the time.
IX. Definitions
A. Mandatory Requirements — The terms "shall ", "will', and "must" denote mandatory
requirements.
B. Permissible Action — The terms "should" and "may" denote an advisory or allowable action.
C. Agency — Any department, commission, council, board, office, bureau, committee, institution,
agency, government, corporation, or other establishment of the executive branch of this state
authorized to participate in any contract resulting from this solicitation.
D. Discussions — For the purposes of this contract, a formal, structured means of conducting
written or oral communications with responsible proposers who submit proposals determined
in writing to be reasonably susceptible of being selected for award.
X. Performance Goals and Measures
• Setup and maintain web hosting site for CC TMC traffic data storage and analysis.
Import CC TMC historical traffic data for display and analysis into web hosted site.
Increase the speed and efficiency of traffic data collection and processing.
Page 12 of 15
16A10
The services provided by the Consultant shall be evaluated to determine that these services are
provided in a timely and professional manner by Anthony Khawaja, Traffic Operations Engineer. In
coordination with the CC TMC a quarterly work schedule will be developed for consultant activities.
Objectives and deliverables will be tracked for completion.
XI. Monitoring Plan:
CC TMC will monitor the performance of the Consultant by:
• Comparing deliverables and objectives to the quarterly audit plan.
• Compare time required to collect, process and report traffic data to previous procedure.
• Reviewing for accuracy all generated reports and polled data.
• Feedback for the Consultants Audited.
Page 13 of 15
16A10
EXHIBIT B
PROJECT SCHEDULE
Project schedule is based upon issuance of the Notice to Proceed.
PROPOSED PROTECT SCHEDULE
2. System Implementation
3. User Training and System Support
Page 14 of 15
16A10
EXHIBIT C
Project Cost Proposal
Collier CountyTraffic Count Software Project Cost Proposal
Additional Personnel Categories
This list is not intended to be all inclusive. Hourly rates for other categories of professional, support
and other personnel services shall be mutually negotiated by Collier County and firm as needed for
the project.
Page 15 of 15
o
iC c
ai
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LL
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Classification (Staff Name)
O
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a aC
°
X
Q
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CM m
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= 0
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Hourly Rate
$160
$110
1 $95
$90
Task 1. Project Action Plan
Project Kick -off Meeting & Preparation
4
4
-
Project Action Plan Development
Task Total Hours
4
4
0
0
8
Task Total Fee
5640
$440
3o
$0
$0
$1.080
Task 2. System Implementation
TCDSITMC License Fee
$50.000
Data Migration and System Customizations
16
60
40
40
Task Total Hours
16
60
40
40
156
Task Total Fee
$2.560
$6.600
$3.800
$3,600
$50,000
$0
$66,560
Task 3. User Training and System Support
-User
Training
2
8
1st Year System and Support
$0
Task Total Hours
2
8
0
0
10
Task Total Fee
$320
$880
$0
$0
$0
$0
$1.240
Task 4, Additional 3 -Year Hosting and Support
2nd Year
$10.500
3rd Year
$11,000
4th Year
$11,500
as Total Hours
0
0
0
0
0
Task Total Fee
$0
$0
$0
$0
$33,000
$0
$33.000
PROJECT FEE & HOUR SUMMARY
,TOTAL HOURS 1
22
72
40
40
174
!TOTAL DAYS 1
6
13
5
5
29
'TOTAL FEE 1
$3.520
$7,920
$3.800
$3,600
$83,000
$0
$101,840
Additional Personnel Categories
This list is not intended to be all inclusive. Hourly rates for other categories of professional, support
and other personnel services shall be mutually negotiated by Collier County and firm as needed for
the project.
Page 15 of 15
16A10
®
�`� ° CERTIFICATE OF LIABILITY INSURANCE
DATE (MM /DD/YY1'Y)
02/25/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER Eric A. Moore, CIC, LIC
Moore Insurance Services, Inc.
67 N. Howell
P.O. BOX 207
Hillsdale, MI 49242-
CON CT
NAME: Sarah Fasnacht, CISR
(A/CN No, E■ti: (517) 439 -9345 (A C, No): (517) 439 -5536
E -MAIL
ADDRESS: info@mooreinsuranceservices.com
PRODUCER
CUSTOMER ID C
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURED
Midwestern Software Solutions, LLC
3815 Plaza Drive
Ann Arbor MI 48108-
INSURER A :Travelers
GENERAL LIABILITY
INSURER BAuto-Owners Ins Group
INSURER c :Beazley Insurance Company
09/30/2012
INSURER D
EACH OCCURRENCE
INSURER E
DAMAGE7o -RENTED
PREMISES (Ea occurrence)
INSURER F
r•nvconr -ee CCRTICICATr- NIIMRFR• REVISION NUMBEK:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
JADDL
INSR
SUBIR
WVD
I POLICY NUMBER
POLICY EFF
(MMIDD/YYYY)
POLICY EXP
(MM /DD/YYYY)
LIMITS
A
GENERAL LIABILITY
6800447P655
09/30/2012
09/30/2013
EACH OCCURRENCE
$ 2,000, 000
DAMAGE7o -RENTED
PREMISES (Ea occurrence)
$ 300,000
}r. COMMERCIAL GENERAL LIABILITY
/ /
/ /
MED EXP (Any one person)
$ 5,000
CLAIMS -MADE T OCCUR
/ /
/ /
PERSONAL BADVINJURY
$ 2,000,000
X Contractual Liab
/ /
/ /
GENERAL AGGREGATE
$ 4, 000, 000
/ /
/ /
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP /OP AGG
$ 4,000,000
Employee Benefits
$ 2, 000, 000
POLICY X PRO LOC
/ /
/ /
B
AUTOMOBILE
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
652483600
09/30/2012
/ /
/ /
09/30/2013
/ /
COMBINED SINGLE LIMIT
(Ea accident)
$ 1, 000, 000
BODILY INJURY (Per parson)
$ 1,000,000
BODILY INJURY (Per accident)
$ 1,000, 000
PROPERTY DAMAGE
(Per accident)
$ 1, 000, 000
$
X
NON -OWNED AUTOS
/ /
/ /
A
X
UMBRELLA LIAB
X
OCCUR
UP0449P600
09/30/2012
09/30/2013
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5,000,000
EXCESS LIAB
CLAIMS -MADE
/ /
/ /
DEDUCTIBLE
$
/ /
/ /
$
RETENTION $
/ /
/ /
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETOR /PARTNEWEXECUTIVE YIN
OFFICER /MEMBER EXCLUDED?
(Mandatory in NH)
N/A
UB396ST049
09/30/2012
/ /
/ /
09/30/2013
/ /
/ /
X ITNRSTATU- OTRH-
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYEE
$ 500,000
E.L. DISEASE - POLICY LIMIT
$ 500,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
/ /
/ /
D
PROFESSIONAL LIABILITY
VISWO3120601
09/30/2012
09/30/2013
Per Claim 2,000,000
/ /
I / /
Annual Aggregate 2, 000, 0 0 0
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)
Re: Contract #13 -5993 "Traffic Count Software"
Collier County Government is listed as additional insured with respect to general liability only.
CERTIFICATE HOLDER CANCELLATION
Collier County
Purchasing Department
3327 Tamiami Trail East
Naples FL 34112 -4901
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
R6
ACORD 25 (2009/09) U 'I Ut S -ZUUy AUUKU tiUKI'UKA I PUN. All rignts reserves
INS025 (200909) The ACORD name and logo are registered marks of ACORD