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Backup Documents 11/13/2012 Item #16A 316A 3. ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature, draw a line through routing lines # 1 through #4, complete the checklist. and forward to Ian Mitchell (line #5). Route to Addressee(s) (List in routing order Office Initials Date 1. appropriate. (Initial) Applicable) 2. 11/13/12 Agenda Item Number 16 -A -3 3. signed by the Chairman, with the exception of most letters, must be reviewed and signed 4. Scott R. Teach, Deputy County Attorney County Attorney SRT 11/19/12 5. Board of County Commissioners I Documents Attached 6. Minutes and Records Clerk of Court's Office j'� t ` (2D %( 2 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Ian Mitchell needs to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the item.) Name of Primary Staff Diana DeLeon, Procurement Strategist Phone Number 252 -8375 Contact appropriate. (Initial) Applicable) Agenda Date Item was 11/13/12 Agenda Item Number 16 -A -3 Approved by the BCC signed by the Chairman, with the exception of most letters, must be reviewed and signed Type of Document Contract 12 -5891 — GeoCove, Inc Number of Original One Attached I resolutions, etc. signed by the County Attorney's Office and signature pages from I Documents Attached INSTRUCTIONS & CHECKLIST I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be SRT signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's SRT Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the SRT document or the final negotiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's SRT signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip SRT should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on 11/13/12 and all changes made during SRT the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I: Forms/ County Forms/ BCC Forms/ Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05 08- MGR - 00132/33 16A 31 00022 EXHIBIT "C" Consumer's Certificate of Exemption R. 04/06 Issued Pursuant to Chapter 212, Florida Statutes 09/21/07 DEPARTMENT OF REVENUE 85- 801 262 1 83OC -2 I 10/26/2007 10/31/2012 COUNTY WitRNI MENT This certifies that COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3301 TAMIAMI TRL E NAPLES FL 34112-3969 is exempt from the payment of Florida sales and use tax on real property rented, transient rental property rented, tangible personal property purchased or rented, or services purchased. �14_ DEPARTMENT OF REVENUE Important Information for Exempt Organizations DR -14 R. 04/05 1. You must provide all vendors and suppliers with an exemption certificate before making tax - exempt purchases. See Rule 12A- 1.038, Florida Administrative Code (FAC). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A- 1.070, FAC). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation will necessitate the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Central Registration at 850- 487 -4130. The mailing address is PO BOX 6480, Tallahassee, FL 32314 -6480. Martha S. Vergara 16A 34 From: Martha S. Vergara Sent: Tuesday, November 20, 2012 4:22 PM To: Teach, Scott; DeLeon, Diana; NorthrupAdam (AdamNorthrup @colliergov.net) Subject: Agenda Item #16A3 from 11/13/12 BCC Meeting Scott, Diana, & Adam, In Contract #12 -5891 "Damage Assessment Software Purchase and License Agreement" for GeoCove, Inc. the DOR Consumer's Certificate Exemption "Exhibit C" Expired on October 31, 2012. That will need that to be updated ASAP so that the record is complete and correct. Thanks, Martha Vergara, Deputy Clerk Minutes and Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 Fax: (239) 252 -8408 F- ':nail: martha.vergarancolherclerk.com 1 16A 34 Martha S. Vergara From: DeLeonDiana <DianaDeLeon @colliergov.net> Sent: Tuesday, November 20, 2012 4:35 PM To: Martha S. Vergara Subject: Read: Agenda Item #16A3 from 11/13/12 BCC Meeting Attachments: Read: Agenda Item #16A3 from 11/13/12 BCC Meeting Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 1 16A 3.4 Martha S. Vergara From: TeachScott <ScottTeach @colliergov.net> Sent: Tuesday, November 20, 2012 4:42 PM To: Martha S. Vergara Subject: RE: Agenda Item #16A3 from 11/13/12 BCC Meeting Martha, Diana will be sending you a current exemption certificate shortly. I thought you might be referring to an exemption for resales by an out of state vendor. Scott R. Teach Deputy County Attorney Collier County, Florida Tel: (239) 252 -8400 Fax: (239) 252 -6300 Office of the County Attorney, 3299 East Tamiami Trail, Suite 800, Naples, FL 34112 Un,d.,v Honda >, w- tYOail addresses are ����b c €ecorcls. ' you do not want your e- rriail addfess released in response to a pub is rer� r.is re ;.se Li not_ sere; wlectre €sic road to `.'pis enr:ty, ilnse�ean, contact office y te'ephone or in From: Martha S. Vergara [mailto: Martha .Vergara @colliercierk.com] Sent: Tuesday, November 20, 2012 4:22 PM To: TeachScott; DeLeonDiana; NorthrupAdam Subject: Agenda Item #16A3 from 11/13/12 BCC Meeting Scott, Diana, & Adam, In Contract #12 -5891 "Damage Assessment Software Purchase and License Agreement" for GeoCove, Inc. the DOR Consumer's Certificate Exemption "Exhibit C" Expired on October 31, 2012. That will need that to be updated ASAP so that the record is complete and correct. Thanks, Martha Vergara, Deputy.,- Clerk Minutes and Records .Dept. Clerk of the Circuit Court 16A 30 Martha S. Vergara From: DeLeonDiana <DianaDeLeon @colliergov.net> Sent: Tuesday, November 20, 2012 4:50 PM To: Martha S. Vergara Cc: Teach, Scott Subject: RE: Agenda Item #16A3 from 11/13/12 BCC Meeting Attachments: Exhibit C.pdf Martha, Attached is the current certificate. Thanks, Diana Diaz Defean, C1113 Collier County BCC Purchasing Dept. 3327 E. Tamiami Trail Naples, FL 34112 (239)252 - 8375;(239)252 -6597 Fax From: Martha S. Vergara [ma i Ito: Martha .VergaraCslcolIierclerk.com] Sent: Tuesday, November 20, 2012 4:22 PM To: TeachScott; DeLeonDiana; NorthrupAdam Subject: Agenda Item #16A3 from 11/13/12 BCC Meeting Scott, Diana, & Adam, In Contract #12 -5891 "Damage Assessment Software Purchase and License Agreement" for GeoCove, Inc. the DOR Consumer's Certificate Exemption "Exhibit C' Expired on October 31, 2012. That will need that to be updated ASAP so that the record is complete and correct. Thanks, Martha Vergara, Deputy Clerk Minutes and .Records Dept. Clerk of the Circuit Court & Value Adjustment Board Office: (239) 252 -7240 1 s r ITEM NO.: FILE NO.: ROUTED TO: 16A 31 Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -8375 FAX: (239) 252 -6597 Email: dianadeleon(c colliergov.net www.colliergov.neVpurchasing G C I 4e-,,t � DATE RECEIVED: 4j'� DO NOT WRITE ABOVE THIS LINE Request for Legal Services Date: November 13, 2012 To: Scott R. Teach, Deputy County Attorney From: Diana Diaz DeLeon, CPPB, Contract Technician, Purchasing Dept. 4 -j Re: 12 -5891 "Damage Assessment Software Purchase and License Agreement" Consultant: GeoCove, Inc. BACKGROUND OF REQUEST: This item was approved by the BCC on November 13, ?genda m 16. A.3. ACTION REQUESTED: Contract review and approval. OTHER COMMENTS: After contract approval, please forward to BCC Chairman for signature. Purchasing will appreciate notification when it has exited your office. Thanks. C: James von Rinteln, GMD G /Acqu isitions/ AgentFormsandLetters /RiskMgmtReviewofl nsu ran ce4/15/2010/16/09 Memorandum NOV 1 4 2012 IQS K MA �UEMEW 16A 3 4 Purchasing Department 3327 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252 -8375 FAX: (239) 252 -6597 Email: dianadeleon(a,colliergov.net www.colliergov.neUpurchasing Subject: 12 -5891 "Damage Assessment Software Purchase and License Agreement" Date: November 13, 2012 From: Diana DeLeon, CPPB, Contract Technician, Purchasing Dept. To: Ray Carter, Manager Risk Finance This Contract was approved by the BCC on November 13, 2012 agenda item 16.A.3. The County is in the process of executing this contract with GeoCove, Inc. The contract cannot take place until verification is received from Risk that all the insurance requirements, per the contract, have been met. Please review the Insurance Certificate(s) for the referenced Contract. • If the insurarice is not in order please contact the vendor /insurance company to obtain a proper certificate. Once you receive the proper certificate(s), please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. • If the insurarice is in order please acknowledge your approval and send to the County Attorney's office via the attached Request for Legal Services. If you have any questions, please contact me at the above referenced information. Insurance Approved By: Ma r Risk Finance Signature Date (Please route to County Attorney via attached Request for Legal Services) G/ Acquisitions /AgentFormsand Letters /RiskMgmtReviewofI nsu ran ce4/15/2010/16/09 16A 3 1 STANDBY SERVICES A G R E E M E N T 12 -5891 for Damage Assessment Software THIS AGREEMENT, made and entered into on this C '�" day of N "eA b_ � , 2012, by and between Geocove, Inc., authorized to do business in the State of Florida, whose business address is 3267 Progress Drive, Suite 120, Orlando, Florida 32826, hereinafter called the "Developer" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinafter called the "County" or "Licensee ": WITNESSETH: 1. COMMENCEMENT. The contract shall commence upon approval of the Board of County Commissioners and terminate on December 31, 2013. It is anticipated that the initial purchase and delivery of the ARM360 software ( "Software ") will be complete within sixty (60) days, and training completed within thirty (30) days later, however, this schedule may be modified in writing upon mutual agreement of the parties. The County may, at its discretion and with the consent of the Developer, extend the Agreement under all of the terms and conditions contained in this Agreement in accordance with the County Purchasing Policy. The County shall give the Developer written notice of the County's intention to extend the Agreement term not less than ten (10) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. Contemporaneously with this Agreement, Developer licensed certain software, known as "ARM360" software and related documentation ( "Documentation ") to County pursuant to the ARM360 Software License Agreement 12- 5891Addenduin 1 ( "License Agreement "), by and between Developer and the County. County desires to have access to Developer's services relating to the Software at a pre- established rate. The Developer shall provide said services in accordance with the terms and conditions of the Developer's proposal referred to herein as Exhibit "A" 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 Developer 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 Developer for the performance of this Agreement the estimated maximum total amount of forty thousand two hundred fifty dollars ($40,250.00), based on the prices set forth in the Developer's proposal, subject to Change Orders as approved in advance by the County. The first amount to be Page I of 7 16A 3 1 paid will be for the granting of the License and making the Software, Administration and Installation Materials and Guides available to the County by FTP server, such payment being in the amount of thirty thousand one hundred eighty -seven dollars and fifty cents ($30,187.50). The balance of ten thousand sixty -two dollars and fifty cents ($10,062.50) will be paid upon successful completion of training or six (6) months from the software purchases, whichever occurs first. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager 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) 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. 4. SALES TAX. Developer 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 Developer shall be deemed duly served if mailed or faxed to the Developer at the following Address: Karyn S. Tareen, President Geocove, Inc. 3267 Progress Drive, Suite 120 Orlando, Florida 32826 Telephone: 407 - 210 -3925 Facsimile: 407 - 384 -2123 All Notices from the Developer 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 Page 2 of 7 16A 34 The Developer 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 Developer or to constitute the Developer 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 Developer. 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 Developer. The Developer shall also be solely responsible for payment of any and all taxes levied on the Developer. In addition, the Developer 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 Developer agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Developer. 8. NO IMPROPER USE. The Developer 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 Developer or if the County or its authorized representative shall deem any conduct on the part of the Developer to be objectionable or improper, the County shall have the right to suspend the contract of the Developer. Should the Developer 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 Developer 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 Developer 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 for convenience with a thirty (30) day written notice. The County shall be sole judge of non - performance. 10. NO DISCRIMINATION. The Developer agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Developer shall provide insurance as follows: A. Commercial General Lia� bility: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Page 3 of 7 16A 31 Liability. This shall include Premises and Operations; Independent Developers; 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. 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 Developer during the duration of this Agreement. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Developer shall ensure that all subConsultants comply with the same insurance requirements that he is required to meet. The same Developer shall provide County with certificates of insurance meeting the required insurance provisions. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Developer 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, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Developer or anyone employed or utilized by the Developer 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. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Operations and Regulatory Management Department. 14. CONFLICT OF INTEREST: Developer 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. Developer 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: Exhibit "A" Developer's Proposal, Addendum 1 License Agreement, Exhibit B Hourly Rates, Exhibit C Collier County Tax Exemption Certificate, Insurance Certificate, and RFQ #12 -5891 Specifications/ Scope of Services. Page 4 of 7 16A 3-4 16. SUBTECT 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. 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Developer 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 Developer 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 Developer 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 Page 5 of 7 16A 34 shall be attended by representatives of Developer 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. 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. 23. ASSIGNMENT: Developer 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 Developer does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Developer all of the obligations and responsibilities that Developer has assumed toward the County. 24. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, and the Developer's Proposal Exhibit A, the Contract Documents shall take precedence. Remainder of page intentionally left blank. Page 6 of 7 16A 3 IN WITNESS WHEREOF, the Developer 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. ATTEST:m Dwi kf E rce ;!clerk of Courts By. Dated. 1- A02— Attest as. to,� First Witness TType /print witness nameT Ammli " t Second Witness TType /print witness nameT Approved as to form and leeal sufficiencv: . Deputy County Attorney !�: -f 9 77—,— Ice, Print Name Page 7 of 7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: 1 \ Fred W. Coyle, Chai GEOCOVE, INC. Developer By: IfA -0 Signatdre Karyn S. Tareen, CEO. Typed signature and title 16A 3' EXHIBIT "A" COLLIER COUNTY, FLORIDA GIS, EMERGENCY OPERATIONS CENTER AND GROWTH MANAGEMENT DIVISION DAMAGE ASSESSMENT SOFTWARE APPLICATION Submitted by: Geocove, Inc. 3267 Progress Drive, Suite 129 Orlando, Florida 32826 Phone: 407 -210 -3925 Fax: 407 -384 -2123 K.-f -f 17�f=l-j www.ga oco .cpm Software Application for Damage Assessment Collier County, Florida November 15. 2011 i December 27, 2011 Collier County Growth Management Division Collier County 2800 North Horseshoe Drive Naples, Florida 34104 & Mom L RE: Request for Proposal /Software Application for Damage Assessment Dear Mr. Von Rinteln: Geocove, Inc. is pleased to submit this updated proposal for a software application for damage assessments to Collier County. Geocove, Inc. is a Central Florida based Minority Business Enterprise and certified by Orange County, Florida and the State of Florida as such. We have a strong customer base on our damage assessment software and believe we provide the best solution for your needs. The total cost for this response is $40,250. If you have any questions, please contact me at 407 - 210 -3925, extension 701. Sincerely, Karyn S. Tareen CEO 32 67 PROGRESS DRIVE • SUITE 120 • ORLANDO • FLORIDA • 12828 PHONE: 407.210.3925 • FAX: 407.384.2123 • WEB: WWW.GEOCO E.CC Geocove currently offers the FEMA forms for Individual Assistance and Public Assistance in an easy to use Commercial off the Shelf (COTS) product, ARM36070 DA (Assess- Report-Map 360 for Damage Assessment). We developed ARM360'' DA by using the ArcGIS Mobile SDK to enhance the FEMA forms with other commonly needed response /recovery information, such as safety placards, tarps and build -back information. All of our forms contain intelligence to aid in quality data collection, including auto - population of information such as addresses and USNG locations We have also incorporated business logic to aid in the 'business' side of the data collection in ding automatic calculations for estimated loss. Our product was built with multiple extensions for n1lultiple recovery roles enabling us to provide function specific tools to the appropriate users, redu ing training and costs. Our goal is to improve data accuracy and reduce errors resulting from the use f paper forms. The ARM360T1' Damage Assessment solution is a simple field tool to collect the FEMA residential, commercial and public facility information after an event [Functional Requirement 24]. The ARM360 "" DA solution includes sample map documents to aid the GIS staff in publishing map services for the ARM360'' DA solution, a web application to map and report the assessment data and a configuration application to allow customers to implement the ARM360 "" DA solution without the need of customized programming services. ARM360'' DA is a released product available for immediate deployment using ESRI's ArcGIS Server version 10. Within the State of Florida, ARM360'' DA versions 4 and 5 are currently deployed at Osceola, Alachua, Seminole, Indian River, Leon and Lee counties, along with the City of West Palm Beach, Town of Palm Beach, City of Fort Myers, City of Cape Coral, and Sanibel Island. The cities of Kissimmee, St. Cloud and Gainesville are developing their implementation at this time. By using a commonly accepted tool, such as Geocove's ARM3601 DA solution, multiple jurisdictions have staff experienced in using the tool, reducing training and logistic time involved 4jith mutual -aid activations. Approach to Functional Requirements ARM360'' DA has been optimized to work as a mobile application for ESRI's ArcGIS Server'"" [Functional Requirement 11. The solution inputs data into customized forms on a mobile device using ESRI's ArcGIS Mobile'"" Software Development Kit (SDK). This tool is designed to be operated from a mobile device such as a laptop, tablet or desktop running Windows XP or Windows 7 operating systems [Functional Requirement 31. No ESRI software is required to be installed on,the field device, which makes the installation process easy and quick. The ARM360Tm DA field application is being offered to Collier County as an enterprise license, with unlimited deployments ru�{ning within the purchasing County's enterprise [Functional Requirement 22]. The field unit synchronizes with ArcGIS Server to upload assessments and download other field units' assessments. The server, running ESRI's ArcGIST"" software, has real -time access to the assessments from which rep and and Common Operational Picture (COP) maps can be generated [Functional Requirement 26]. Using a GPS device, the tool will display a 'you- are -here' icon- invaluable for major disasters that destroy all location markers [Functional Requirement 4]. Geocove's ARM3601 DA solution also allows the administrator to control the availability of pushing the location (GPS position) of the field units to the server for operational awareness. 6A 3' Benefits of using the ARM3601 DA solution • Application footprint is very small which allows the entire application to be stored and run from limited hardware. • Real -time synchronization allows inventory and incidents to be synchronized over the internet to the server, providing a real -time COP • Easy to use interface reduces training time and allows inventory and incident capture to b tl egin promp y • Required login to the software allows for tracking of the assessments based upon user and agency [Functional Requirement 12]. Figure 1: Login Screen Each time the software is activated for an event the Administrator can designate not only the event name [Functional Requirement 10] but the date as well. This information can also be adjusted by the administrator during or after the event, in the case of an event which occurs without warning or pre - activation. As data is collected for the event, a date [Functional Requirement 11] is recorded for each data point captured to ensure accuracy in data collection and allow officials to gauge the timeliness of review of effected area. The major components of this tool are: Windshield Damage Assessments or Preliminary Damage Assessment (PDA); Damage Assessment Worksheets for Residential, Commercial and Public Facilities; Human Needs Assessments; Incident Assessments and the Street Status Tool. Preliminary Damage Assessment (PDA) and Incidents In the field, the assessor or building inspector selects the icon representing the correct damage level — then clicks the map at the location being assessed. This method is quick and easy, providing for efficient 'windshield surveys' [Functional Requirement 15]. Damage levels are correlated to the State of Florida and FEMA designations for damage levels and can be referenced through handbooks to assure consistent data collection from all users. Information such as the location coordinates and property information such as address, owner, property value and residence type (single family, multi - family, mobile home) is recorded behind the scenes. Auto - calculations for property losses are also enabled to give rough estimates of loss based on damage level. • One click assessments allow users to quickly and accurately collect windshield surveys for damaged properties and county owned assets [Functional Requirement 2]. Team MeenlM 1 .J t &,dh Team Member2 David Stone Tom Member 3 FEMA Region N f +} Team Member# State OEM #'J Each time the software is activated for an event the Administrator can designate not only the event name [Functional Requirement 10] but the date as well. This information can also be adjusted by the administrator during or after the event, in the case of an event which occurs without warning or pre - activation. As data is collected for the event, a date [Functional Requirement 11] is recorded for each data point captured to ensure accuracy in data collection and allow officials to gauge the timeliness of review of effected area. The major components of this tool are: Windshield Damage Assessments or Preliminary Damage Assessment (PDA); Damage Assessment Worksheets for Residential, Commercial and Public Facilities; Human Needs Assessments; Incident Assessments and the Street Status Tool. Preliminary Damage Assessment (PDA) and Incidents In the field, the assessor or building inspector selects the icon representing the correct damage level — then clicks the map at the location being assessed. This method is quick and easy, providing for efficient 'windshield surveys' [Functional Requirement 15]. Damage levels are correlated to the State of Florida and FEMA designations for damage levels and can be referenced through handbooks to assure consistent data collection from all users. Information such as the location coordinates and property information such as address, owner, property value and residence type (single family, multi - family, mobile home) is recorded behind the scenes. Auto - calculations for property losses are also enabled to give rough estimates of loss based on damage level. • One click assessments allow users to quickly and accurately collect windshield surveys for damaged properties and county owned assets [Functional Requirement 2]. 16A 31 • Automatic calculations capture location coordinates and property a information which helps reduce duplication, speeds COP updates, and provides documentation for disaster declaration. KM • Polygons are used to capture large areas affected by the event and ♦ -xr calculate totals of structures affected and estimated loss based upon DIS"Ye underlying property values. +� te�dea • Point assessments allow users to quickly collect data on both residential and commercial properties flooded Am. [Functional Requirement 5]. • Map display properties can be set for identifying the Figure 2: Assessment Area Tool underlying use of the property, for example: commercial, residential or vacant lot, enabling the assessor to accurately ascertain the correct function of the lot. • Specific types of damage such as downed tree or power lines, flooded areas, vehicle hazards and even streets covered by sand can quickly be designated using the incident toolbar [Functional Requirement 17 and 19]. The ARM3601m DA product contains the ability for the administrator to configure other incident types that may be appropriate for local use or even event type; such as lava flow information for Honolulu, sink holes for Florida or situation awareness functions like suspicious activity for Gainesville (Alachua County). Assessments for government damage can be included within the new incident toolbar or accomplished through the public facility worksheet assessments [Functional Requirement 22]. Damage Worksheets for Housing, Businesses and Public Facilities This component provides a comprehensive worksheet for residential, commercial and public facilities. This extension also enables the capture of FEMA information like the PDA, but also includes build back and recovery information. It allows the assessor to capture information and damage levels to specific components of the structure as well as information about insurance [Functional Requirement 13], window protection, roof type and flooding. The automatic calculation of location coordinates, metadata (users, agency, and incident information) and property information is captured as it is with the PDA extension. • Automated validation on required data which enforces collection of administrator set required information • Capture damage level for individual structure components, which calculates an overall damage level and estimated loss based on damage level and replacement costs. [Functional Requirement 9] • Automate and incorporate the building inspectors data collection and quickly see where placards are issued • Auto Calculations automatically captures location coordinates and property information. Point site assessment automatically code owner's name and property address, parcel numbers, residence type (single family, multi - family, mobile home) and location coordinates that are derived from the Collier County GIS data in ArcSDE [Functional Requirement 7 and 8]. Primary residence and rental information can be completed by the assessor [Functional Requirement 71. The Roof Type can also be collected by the application within the worksheet forms [Functional Requirement 18]. The structural damage collected has been broken out by structure component to enable standardization of inspections. Each structure component's damage level is weighted and tallied by the application to provide an overall damage factor. The damage factor is calculated against the replacement value to determine the estimated loss [Functional Requirement 9]. This component of the software allows damage information to be collected on safety information such as placards issued and flood water levels. Miscellaneous information fields allow for required information to be collected, such as insurance. Finally, a comments field will store pertinent comments and photos can be referenced for tracking purposes [Functional Requirement 14]. Figure 3: FEMA information gathered on Residential worksheet Human Needs The Human Needs component offers the ability to record human needs in a community such as the need for water, food, tarps and /or medical attention [Functional Requirement 16]. This data then can be shared for effective response to the needs of the community. • Easily collect community needs, such as water, food, medical needs • Provide COP to responders to accurately prioritize responders • Collect information such as pet and tarp needs • Provide COP for other responding programs, such as Army Corps of Engineers Street Status The Street Status extension allows for the easy tracking of debris clearance routes. The progress of the route is easily updated and viewed, including how many passes have been made and the date and time that each pass was logged. [Functional Requirement 201 In summary, ARM360'" DA offers an effective and easy tool to collect assessments, map them and generate reports for the State of Florida and federal agencies resulting in quicker access to disaster funds, documentation for the purposes of declarations and audits, and more accurate and appropriate response and recovery efforts. The tool provides an efficient use of community resources by allocating those valuable resources to areas in greatest need. Because the ARM360111" DA field application was designed to use different components or extensions, responders can focus on their task and not be burdened by functionality not nE mission. ARM360m DA has the ability to amass the assessment data on a cent can be backed up eliminating the risk of lost assessments. Finally, ARM360TM is stored within the County's GIS database providing opportunities to view or in with other emergency management systems. [Functional Requirement 211. Training Geocove delivers the ARM3607" DA solution with a User Guide, a detailed Guide, and a database design document upon installation of the software. Th solution includes an administrator application. This application allows admini field names from the ArcSDE GIS geodatabase to ARM360m DA without chang configuration [functional Requirement 25]. It also allows the administratc require data to be collected, establish the link with the in -house ArcGIS Server up tables used by the field application, among others. assary to their 1 server which sessment data crate the data Administrator's 9 ARM360'" DA Arators to map ing either table �r to restrict or nd create look- A detailed Administrator's Guide outlines the database design of the features and tables that are referenced and maintained by the field application and outlines the rocess for the administrator. This will include the steps to take to install, package, and deploy he application. Geocove will provide training for Collier County to train the administrator, 't ain- the - trainer' and user training sessions. One 8 hour training day onsite at Collier County facilities will be provided to enable County personnel to quickly incorporate the ARM360°" DA product into their assessment workflow [Functional Requirement 23]. Additionally, 4 hours of raining for the administrator will be provided prior to the onsite time to support the i stallation and configuration of the ARM360'" DA solution. The one day training may be broken out into multiple training sessions and will 3rovide training on the current version implemented at Collier County or the currently released version by Geocove, at Collier County's discretion. If Collier County desires to hold trz ining using the Collier County data, Geocove will require the current mobile data cache(s) and configuration files to be delivered to Geocove at least five business days before the training is to be held. Geocove will verify what tools are configured, implemented and available on the Collier County data and provide that feedback to Collier County prior to the training. Only the tools configured and implemented will be used for training purposes. Administrator and user Training -the Geocove staff will train the administ ator(s) on the components of the ARM360T" DA solution and walk through a sample configuration and implementation while onsite at Collier County Facilities for one day. Up to eight (8) hours will be reserved for this effort. If Collier County has their ArcGIS Server componen s available, the Collier County implementation can be used instead of the sample configuratio is. In addition, the administrator responsible for the field installation will receive training on he field install, during the one day training. Each session will include training on running the 3pplication and common practices for the field. The training session(s) can be scheduled individually at mutually agreed upon dates for up to six months from the ARM360'1' DA Solutio purchase. Warranty and Maintenance 16 A 34 Addendum #1 contains the license and maintenance agreement associated with the ARM360T1' DA product [Functional Requirement 27]. This document details what is included with the product and how Geocove plans to update and maintain the product. The annu I fee for Collier County's maintenance of the ARM360T' DA Solution is $7000. Price Quote Details and Maintenance Costs The ARM360T" Damage Assessment(DA) solution, outlined below, is offered to Collier County for the fee of $40,250. The ARM360Tm DA Solution for Collier County includes: • Collection tools for: • Windshield Assessments • Worksheet Structural Assessments • Incident Assessments • Human Services Assessments • Street Status • ARM360T"" Web and Report Viewer • Custom Damage Totals and Reporting Tools • Ability to view linked assessment photos from the web • Standard Esri Flex website with widgets such as social media, graphics, etc. • Administration Tools: • ARM360TM Configuration Manager • ARM360TM Update Manager • Training: • Up to 4 hours administrator training and support via web conference, phone conference or both. • Up to 8 hours training for administrator(s), train - the - trainer or end user training, at Collier County's discretion. Training will be provided onsite at Collier County facilities. • Software Maintenance: o Geocove will provide maintenance for the ARM360T" software through the period ending on September 30, 2013. The annual maintenance cost from October 1, 2013 forward, for the ARM360T"" DA solution provided, shall be $7000, with the first payment due 10/1/13. Payment Terms Payment will be made at different stages of implementation, as follows: 1. Delivery of Software, Administration and Installation Materials and Guides — 75% 2. Successful completion of training or 6 months from software purchase, whichever occurs first — 25% References Lee County, FL — Implementation of ARM360Tm DA Enterprise Contact: Amy Hoyt, GIS Manager 16 1500 Monroe Street, 4th Fl. Fort Myers, Florida 33901 hoyta l @ IeeRoy.COm Phone: 239 - 533 -8558 Fax: 239- 485 -8520 Geocove has been helping Lee County, Florida with their damage assessment solution since 2006. Lee County was one of the first sites to upgrade from Geocove's 12C Standard, the ArcPad based version, to ARM360'- DA. Lee County performs all of the assessments for unincorporated Lee County and the City of Bonita Springs. Within Lee County, the Cities of Cape Coral and Fort Myers are also customers of the ARM360Tm DA Enterprise software. Lee County and its cities have run live exercises for two years in a row, with 100 plus assessors, as part of the State of Florida Hurricane exercise week. Lee County has provided to its users a mobile map cache of the county wide orthophotography and another mobile cache of its basemap and assessment layers. On the web reporting page, Lee County uses three map services, an orthophotography map service with basemap data, basemap only map service and a map service of the assessment data. This configuration gives the users the ability to easily turn the orthophotography on and off while still having appropriate parcel symbols based on the visibility of the orthophotography. Lee County has created several configuration files, appropriate for the different agencies running the software. With the ESRI licensing changes for ArcGIS 10, Lee County expects to push it out on many more machines, including more fire stations and sheriffs' machines. "Working with Geocove has been a great experience. They are very responsive to customer needs and changes and go the extra mile to provide you with the application that will ultimately make your organization a success. Their success is defined through the success of their clients." - Amy Hoyt Osceola County, FL — Implementation of ARM3601 DA Enterprise Contact: Richard Halquist, Emergency Management Coordinator 2586 Partin Settlement Road Kissimmee, Florida 34744 rhal4Posceola.ore Phone: 407 - 742 -9016 Osceola County upgraded to the ARM360'' DA Enterprise software in 2010. Not only is Osceola County running the ARM360'" DA field solution on ruggedized laptops for the field, they have also installed it on the machines in their Citizen's Information Center (CIC). This will provide a common operational picture for the field assessors, emergency management officials and staff logging citizen calls in the CIC. Palm Beach, FL — Implementation of ARM360T" DA Enterprise Contact: Coraliz Cordero, GIS Coordinator 360 South County Road Palm Beach, Florida 33480 CCordero@TownofPalmBeach.com Phone:561- 227 -6313 16 The Town of Palm Beach was an early adopter of the ARM360Tm DA Enterprise solution mainly because of the benefit of moving to the ArcGIS mobile platform from ArcPad. Although Geocove had automated several routines for Palm Beach, the data merge process could still be GIS administrator intensive within ArcPad and the ARM360Tm DA Enterprise solution resolved those issues, along with providing an updated platform and unlimited licensing. Palm Beach runs the ARM360Tm DA field application on IT, fire department, public works, and emergency management machines. "Absolutely awesome software! Geocove's ARM3601'4 DA application is a very user friendly, easy to use and a well structured program, enabling us to track damage assessments real -time in a very efficient and productive manner. The staff is professional, knowledgeable, and they continued to exceed our expectations during implementation and training." - Coraliz Cordero 16A 3' ARM360TM Software License Agreement #12 -5891 Addendum 1 This Software License Agreement ( "Agreement ") is made and effective by and between Geocove, Inc. ( "Developer ") and Collier County, a political subdivision of the State of Florida ( "Licensee "). Developer has developed and licenses to users its software programs, executable code, format(s) components, dynamic link libraries (DLLs), inclusive of backups, updates, or service packs delivered on any media marketed under the name ARM360T`" (the "Software "). Included with the ARM360TI software is "Documentation ", which includes all of the printed and digital materials including, but not limited to, user documentation, training documentation, or technical information and briefings supplied under this License Agreement. Contemporaneously herewith the parties are entering that certain Standby Services Agreement (the "Standby Agreement ") concerning the Software and containing certain payment provisions relating to the payments due for the License granted herein. NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows: INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP The Software and Documentation are owned by Geocove and are protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights inclusive of trade secrets. Geocove retains all rights, title, and ownership not granted herein to all copies of the Software and Documentation licensed under this License Agreement. From the date of receipt, Licensee agrees to use reasonable effort to protect the Software and Documentation from unauthorized use, reproduction, distribution, or publication. All rights not specifically granted in this License Agreement are reserved to Geocove. 1. License. Developer hereby grants to Licensee a perpetual, non - exclusive, nontransferable limited license to: (A) use the Software and Documentation as a single package as set forth in this Agreement. 2. Consultant Use. Licensee may provide access to the Software or Documentation to any consultant or contractor of Licensee, provided that the consultant or contractor is using the Software or Documentation exclusively for the benefit of Licensee. Licensee shall be responsible for compliance by consultants or contractors with the terms and conditions of this License Agreement. 3. Permitted Uses. a. Licensee may only use the Software and Documentation as: i. ARM360T" Enterprise • An enterprise mobile license. No restrictions are made to the number of machines the ARM360T" field application is installed or simultaneously Page 1 of 8 16A 3 i running on within the purchasing agency's enterprise. ** Please note, one Esri ArcGIS Mobile"" runtime is required for each machine that ARM360T" is simultaneously running on, and should be purchased separately from Esri. b. Licensee may make one (1) copy of the Software and Documentation for archival or backup purposes during the term of this License Agreement. Only one (1) copy of the active license should be running at a time, and one (1) installed for backup purposes. 4. Restrictions. a. Licensee shall not modify, copy, duplicate, reproduce, license or sublicense the Software, or transfer or convey the Software or Documentation or any right in the Software or Documentation to anyone else without the prior written consent of Developer; provided that Licensee may make one copy of the Software for backup or archival purposes as referenced above in Permitted Uses (3 b). b. Licensee shall not reverse engineer, decompile, or disassemble the Software or Documentation. c. Licensee shall not remove or obscure any Geocove patent, copyright, trademark, or proprietary rights notices contained in or affixed to the Software or Documentation. d. The quantity of Software licenses in use by Licensee at any given time shall not exceed the total quantity licensed by Geocove. Licensee is granted an Enterprise license permitting Licensee to make one copy for each computer owned or licensed by Licensee and to permit one employee of Licensee to operate the Software on such computer for Licensee's internal purposes. No rights are granted herein permitting Licensee to undertake any other activities concerning the Software or the Documentation, including, but not limited to, no rights to: sublicense the Software; make derivative works of the Software; or let, permit or suffer the use or copying of the Software by any other person, entity or governmental body or subdivision thereof, whether or not on Licensee's computer, and whether or not for consideration, except as permitted in accordance with Section 2. e. Licensee shall not provide access to or allow affiliates or other third parties to use the Software or Documentation. This restriction shall not apply to Section 2, Consultant Use. 5. Warranty of Functionality. a. For a period of two (2) years following delivery of the Software to Licensee (the "Maintenance Period "), Developer warrants that the Software shall perform in all material respects according to the Developer's specifications concerning the Software when used with the appropriate computer equipment. In the event of any breach or alleged breach of this warranty, Licensee shall promptly notify Developer and return the Software to Developer at Developer's expense. Licensee's sole Page 2 of 8 16A 3i remedy shall be that Developer shall correct the Software so that it operates according to the warranty at a time agreed upon by Licensee and Developer. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by Licensor. b. In the event of any defect in the media upon which the Software is provided Developer shall provide Licensee a new copy of the Software. 6. Software Maintenance. a. Coverage: i. ARM360Tm DA Maintenance covers Standard maintenance. During the Maintenance Period, Developer shall provide to Licensee any new, corrected or enhanced version of the Software as created by Developer. Such enhancement shall include all modifications to the Software which increase the speed, efficiency or ease of use of the Software, or add additional capabilities or functionality to the Software, but shall not include any substantially new or rewritten version of the Software. Upgrades are included in the maintenance agreement and will include rewrites based on the underlying Esri API updates. New functionality for data collection and reporting purposes, designed for the ARM360 framework may not be included automatically in the existing maintenance agreement and software licensing. ii. Free minor version updates of purchased solution. All minor version updates of ARM360Tm DA solution will be made available for download. iii. Free major version upgrades of purchased solution. Major version upgrades of ARM360Tm DA will be made available for download or can be shipped with accompanying documentation upon software release using the shipping information provided on the original order. iv. Unlimited technical support for ARM360 DA solution (excluding consulting). Support is provided by phone, fax, email or web. v. The maintenance for the period beginning on the effective date of this License Agreement and continuing through December 31, 2013, is included in the purchase cost of the software. Beginning on January 1, 2014, the annual maintenance cost shall be seven thousand dollars ($7,000.00) per year for the next three (3) years terminating on December 31, 2016. After that period, the maintenance cost may increase up to 3% per year, subject to Licensee's right to terminate if the price of the maintenance is not mutually agreeable. b. Renewal: i. The initial term of Agreement shall be two (2) years. This Agreement may be renewed for two (2) additional one (1) year periods on the renewal date listed on the Annual Maintenance Certificate provided. The renewal shall be in writing signed by both of the parties. Any additional renewals shall be mutually agreed upon in writing by the parties, and in accordance with Licensee Page 3 of 8 16A 3 4 Purchasing Policy. ii. Please note that lapses in Maintenance are not allowed. In the case where Maintenance expires, any future renewals of said maintenance will begin on the day following the original expiration date. A new license is not required but an upgrade fee may be required if a new version of the ARM360 software has been released. c. Cancellation: i. This Agreement can be cancelled at any time in writing by e-mail, fax or letter with thirty (30) days' notice. In case of cancellation, Geocove will not pro -rate or issue any refund for any unused time on this Agreement. 7. Payment. In exchange for the License rights granted herein, Licensee shall pay Geocove the License Fee set forth in Section 3 of the Standby Agreement # 12 -5891. Payment of the license fee and any other amount owed by Licensee to Developer, including any overdue amount owed by Licensee, shall be made upon receipt of a proper invoice, approved by the Licensee Contract Manager and in accordance with Section 218, Florida Statutes, also known as the "Local Government Prompt Payment Act." 8. Warranty Disclaimer. DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 9. Limitation of Liability. Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise. 10. Notice. Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by mail, postage prepaid, or faxed to the addresses listed below. All notices from the Licensee to the Developer shall be deemed duly served if mailed or faxed to the Developer at the following Address: Karyn S. Tareen, President Geocove, Inc. 3267 Progress Drive, Suite 120 Orlando, Florida 32826 Telephone: 407 - 210 -3925 Facsimile: 407-384-2123 Page 4 of 8 All Notices from the Developer to the Licensee 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 Developer and the Licensee may change the above mailing address and contact information at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 11. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida and any action brought to enforce this Agreement shall be in the Courts of Collier County, Florida. 12. No Assignment. Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer. 13. Final Agreement. This Agreement may be modified only by a further writing that is duly executed by both parties. 14. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. 15. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 16. Taxes and Fees, Shipping Charges. License fees quoted to Licensee are exclusive of any and all taxes or fees including, but not limited to, sales tax, use tax, and shipping and handling charges. Licensee is sales tax exempt pursuant to Chapter 212, Florida Statutes. A copy of Licensee's Tax Exemption Certificate is attached as Exhibit "A ". 17. Insurance. The Consultant shall provide insurance as follows: A Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage 5 i 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. 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 Developer during the duration of this Agreement. Renewal certificates shall be sent to the Licensee ten (10) days prior to any expiration date. There shall be a thirty (30) day notification to the Licensee in the event of cancellation or modification of any stipulated insurance coverage. Developer shall ensure that all sub- consultants comply with the same insurance requirements that he is required to meet. The same Developer shall provide Licensee with certificates of insurance meeting the required insurance provisions. 18. Additional Services. Any additional Developer consulting services required by Licensee shall be paid at the hourly rates on Exhibit "B ", attached hereto and incorporated herein by reference. Any modifications to this Agreement shall be mutually agreed upon in writing by the Developer and the Licensee in compliance with the Licensee Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. Remainder of page intentionally left blank. M 6A IN WITNESS WHEREOF, the Developer and the Licensee, have each, respectiv ly, by an authorized person or agent, hereunder set their hands and seals on the date and year firs above written. ATTEST: Dwi ht E. Brock, er of Co is 7 By: Dated: NoV0beY 2t, (2_. 09nd' "ir -)01-x. 014Aj U(�t� First Witness TType /print witness nameT Second Witness TType /print witness namef Approved as to form and legal efficiency: S� � C),e, a \,-- Deputy County Attorney Scott Teach Print Name BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman GEOCOVE, INC. Consultant By: '7K,,,, P-7�, -P gnatu e Karyn S. Tareen, CE Typed signature and title 12 -5891 ARM360TM Software License Agreement Addendum 1 Exhibit "8" GeoCove, Inc. Consulting Rates Job Title Rate Director, Systems and Programming $150.00 / hour Project Management $125.00 / hour Product Architect / Senior Developer $150.00 / hour Product Engineer, Expert $125.00 / hour Product Developer $100.00 / hour Documentation / Training Support Technician $85.00/ hour Quality Control Analyst $85.00 / hour o*05*o , EXHIBIT `�� DR-14 Consumer's Certificate of E) R.04/ 1 Issued Pursuant to Chapter 212,Florida Statutes 85-801596653IC-1 10/31/2012 10/31/2017 Certificate Number Effective Date EXP; This certifies that COL�i|2n COUNTY oOCC 3299 TAW|AIVI| TRL s STE 403 NAPLES FL 34112-5740 is exempt from the payment of Ficrida sales and use tax on real property rented, transient personal property purchased cx rented, or services purchased, Important Information for Exempt Organizations DEPARTMENT OF REVENUE tangible DR-14 1� You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A'1.U38. Florida Administrative Code (F./\C.). 2. Your Consumer's Certificate ofExemption istobe used solely by your organization for your organization's customary nonprofit activities. 3. Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies nlyto purchases your organization makes. The sale or lease to others of tangible personal property, sleeping accommodations, or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070, FA.C.). �. it is a criminal offense to irauduke` ly present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will ba liable for payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions regarding your exemption certificate, please contact the Exemption Unit of Account . Management at8O0'352'3871. From the available options, select "Registration of Taxes," then "Registration |nfonnation.^ and finally "Exemption Certificates and Nonprofit Entitie*." The mailing address isPO Box O48U. Tallahassee, FL32314-0480. 113852 Geocove Inc Certificate of Insurance 16A .3 1 (page 1 of 1) 10/26/2012 11:33:43 AM J TO A4CCW" CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD /YYYY) 10/26/2012 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 CONTACT NAME: HONE IPA/C. No • (800) 668 -7020 AA/C NI I: (972) 390 -8484 Techlnsurance ADDRESS: 1301 Central Expy. South, Suite 115 PRODUCER Allen, TX 75013 CUSTOMER ID #: INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: The Hartford 30104 INSURER B: ACE 22667 Geocove Inc INSURER C: $ 300.000 3267 Progress Dr Ste 119 -120 Orlando, FL 32826 INSURER D CLAIMS -MADE FI-11 OCCUR INSURER E, INSURER F: PERSONAL & ADV INJURY Cr1VFRArFS CFRTIFICATF NIIMRFR- REVISION NUMBER- 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 INSR SUER POLICY NUMBER MM DIDY /YYYY MM /DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 ✓ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ 300.000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE FI-11 OCCUR PERSONAL & ADV INJURY $ 2,000,000 A Yes 46SBMVH1873 615/2012 6/512013 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 4,000,000 $ ✓ POLICY PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ A ✓ SCHEDULEDAUTOS HIRED AUTOS Yes 46SBMVH1873 6/5/2012 6/5/2013 PROPERTY DAMAGE (Per accident) $ $ ✓ NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION ✓ WC STATU- OTH- A AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? N (Mandatory in NH) NIA 46WECAB1523 6/5/2012 6/5/2013 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability (Errors and Omissions) G24978977004 10/26/2012 10/26/2013 Occurrence / Aggregate $1,000,000 / $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Collier County Government is named as Additional Insured with regard to the general liability and automobile liability coverage. r•T3�rlyr irr�:r•7N.ld: OFAI let =15Ie\It•II U 1988 -2009 AGORD GORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Government THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3299 Tamiami Trail East ACCORDANCE WITH THE POLICY PROVISIONS. Naples, FL 34112 AUTHORIZED REPRESENTATIVE � +E U 1988 -2009 AGORD GORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD 16A 3 General Description of Services Contractor shall provide a solution for Collier County GIS, Emergency Operations Center and Growth Management Division for a Damage Assessment Application that will enable building inspectors and other personnel to record damaged properties after a disaster has occurred. The following functional requirements are based on the current Damage Assessment Application and enhancement requests from the field inspectors: 1. The software must operate on ESRI's ArcGIS Server Mobile Platform The software must operate in an offline mode, allowing the user to record data while no network connection exists and provide syncing capabilities when connected. 2. Provide a simple easy interface that allows the user to add points to represent damaged properties and county owned assets. 3. Compatible with Windows based tablets or laptops without the purchase of additional software /hardware 4. Software should be compatible with most standard plug -n -play GPS units currently on the market. 5. Allow the user to enter residential or commercial assessments as a point on a map 6. Provide controls that will prevent a user from placing a commercial assessment on a parcel if no business exists 7. Automatically collects, as a minimum, the following information anytime a point is added to the map: o Owner's Address o Owner's Name o Property Address o Determine if the home is a primary residence or rental property. User will also have an option to mark unknown o Identify whether the property is a Single Family, multifamily or mobile home 8. Addresses, owner names, parcel numbers and parcel data must be derived from Collier County GIS Data which resides in ArcSDE 9. Determine the damaged category (i.e. affected, major vs. minor) based on calculations from the building square footage, replacement value and estimated loss. All numbers must be derived from Collier County's GIS Data. 10. The software must provide a method to identify the Incident Type (i.e. hurricane, tornado bomb etc) and Incident Name 11. The software must be capable of collecting the date of the incident 16A 3 12. The software must provide a method of identifying the group or agency collecting information as well as the individual in that group. 13. The software should provide an option that allows the user to record insurance types 14. The software must allow the user to enter general comments about a property. 15. The software must be flexible enough to be used for the initial "windshield" inspection to satisfy FEMA requirements as well as follow -up inspection to provide vital recovery data for support agencies. 16. The software should include a Needs Assessment Option that will allow the user to record any of the following (No Electric, No Water, Needs Ice, Medical Needs, Elderly, Disabled, Children, No Needs at this time, Needs Unknown) 17. The software should include an option to collect general type of information about a property for example (fallen tree on house, flooded, roof damage etc.) 18 The software must include a Misc Information option that allows the user to record the following roof type o Flat, o HIP, o Gable or Unknown 19. Option to add a point that reflects debris (down power lines etc.) 20. The Software must have the capability to track debris clearance routes and progress of the debris removal process. 21. The software must be compatible with WEB EOC reporting 22. Licensing will allow the software to exist and be used on Collier County Employee's tablet, laptop or desktop 23. Training — onsite training must be provided when the software is purchased. 24. Ability to assess government damage would be a plus. 25. The software package should contain a configuration file for simple customization of field names etc by County staff. 26. The software must be capable of generating FEMA compliant reports 27. Include Maintenance Agreement