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Backup Documents 02/11/2025 Item #16B 2
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6 B 2 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 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#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. Risk Risk Management 2. County Attorney Office County Attorney Office *-1 el c7-)/ (9-3 4. BCC Office Board of County Commissioners )5 by r/ 2f( /'z$ 4. Minutes and Records Clerk of Court's Office 7 ( l Services /O:I9C 411A1 i�/ate fit 5. Procurement Services Procurement `PRIMARY CONTACT INFORMATION 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,may need to contact staff for additional or missing information. Name of Primary Staff Osmanis Nieves Borjas-Procurement Contact Information 239-252-2220 Contact/Department Agenda Date Item was February 11, 2025 Agenda Item Number AGENDA# 16.B.2 Approved by the BCC Type of Document Agreement Number of Original 1 Attached Documents Attached PO number or account N/A 2 3_ $i 6 6 • J24 82631. LECIP Chicago, number if document is LECIP Chicago, Illinois, Inc to be recorded Illinois, Inc INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature STAMP OK N/A 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 ONB 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 N/A 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 ONB 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 ONB signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip N/A should be provided to the County Attorney Office at the time the item is input into SIRE. 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! 8. The document was approved by the BCC on February 11,2025,and all changes / N/A is not made during the meeting have been incorporated in the attached document. The C irf/pl/) an option for County Attorney's Office has reviewed the changes,if applicable. Jf� this line. 9. Initials of attorney verifying that the attached document is the version approved by the J� N/A is not BCC,all changes directed by the BCC have been made,and the document is ready for the 5(� an option for Chairman's signature. this line. 16B 2 MEMORANDUM Date: February 14, 2025 To: Osmanis Nieves Borjas, Procurement Specialist Procurement Services From: Martha Vergara, Sr. Deputy Clerk Minutes & Records Department Re: Contract #23-8166 "Collier Area Transit Electronic Farebox" Contractor: LECIP Chicago, Illinois, Inc. Attached for your records is an original of the referenced document above, (Item #16B2) adopted by the Board of County Commissioners on Tuesday, February 11, 2025. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-7240. Thank you. Attachment 16B 2 FIXED TERM SERVICE AGREEMENT #23-8166 for "Collier Area Transit Electronic Farebox" THIS AGREEMENT, made and entered into on this \ day of N.C--h 20 by and between LECIP Chicago, Illinois, Inc. authorized to do business in the State of Florida, whose business address is 881 IL Route 83, Bensenville, IL 60106 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a four ( 4 ) year period, commencing ❑■ upon the date of Board approval; or n on and terminating on four ( 4 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two ( 2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ■❑ Purchase Order aNetiee-to Proeeed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of n Request for Proposal (RFP) # 23-8166 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement [2024_ver.3] CAI0 16B 2 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): ❑� Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract is authorized. r materials and eq that the project requirements would most likely change. As a general business practice, tibeer}traete ) Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 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 the Agreement. 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. Page 2 of 17 Fixed Term Service Agreement [2024_ver.3] S 1 68 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. 4.5 es: Travel and cxpcnscs shall be-reimbursed as per Section 112.061 Fla. Stats. Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 AirfareAettta-l-tieket-east-l-i-miteel-te-te-u-Fisfer-eeaeh-el-ass-fafe Rental car Actual rental cost limited to compact or standard size vehicles g Actual cost of lodging at single occupancy rate with a Parka Actual cost of parking Taxi or Airport Limousine long distance charges, fax charges, photocopying charges and postage. Reimbursable undertaken pursuant to this Agreement. 5. SALES TAX. Contractor 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. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531 C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: LECIP Chicago, Illinois, Inc. Address: 881 IL Route 83 Bensenville, IL 60106 Authorized Agent: Yasunori Goto Attention Name & Title: COO Telephone: 312-626-2525 E-Mail(s): sales@lecipinc.com Page 3of17 Fixed Term Service Agreement [2024_ver.3] QIQ 16B 2 All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Name: Public Transit and Neighborhood Enhancement Division Director: Brian Wells Address: 8300 Radio Rd, Naples, FL 34104 Administrative Agent/PM: Omar DeLeon Telephone: 239-252-4996 E-Mail(s): Omar.DeLeon©colliercountyfl.gov The Contractor 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. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. 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 Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. 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 Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor 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 Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor 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 Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor 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 Contractor further agrees not to commence operation during Page 4 of 17 Fixed Term Service Agreement [2024 ver.3] CAO ) 6B 2 the suspension period until the violation has been corrected to the satisfaction of the County. 10. TERMINATION. Should the Contractor 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 the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor 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. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. n Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000.00 Per Occurrence, $ 2,000,000.00 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B: -Business-Auto-Liability: Coverage-shall have--mintmt r"-limits-o--$ Per-Oeeurrenee;-Gombined-Single-Limit for Bodily-Inj iabiiity-and Property-Damage Liability:---This--shall- include: Owned Vehteles, wnee}--Vehicles--a-nd Employee-Non-Ownership. C. n 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$ 500,000.00 for each accident. D:-----•-Pr fessional- iability a4I be-maintained-by-the Contractor-to-ensureits-legal- liabil-ity--for—elaim ormanee---e Agreement-Contra e gi f r-ecovery-against Cou ty-as-to--arty cfaims under this insurance. St tnsurance-sttali-hatte-litnit of-le ch claim--and-agg regate. E. • Cyber Liability: Coverage shall have minimum limits of $ 1,000,000.00 per claim. Page 5 of 17 Fixed Term Service Agreement [2024_ver.3] 1 6 B 2 F. n Technology Errors & Omissions : Coverage shall have minimum limits of$ 1,000,000.00 per claim. G. ❑ : Coverage I I. ❑ : Coverage oholl have minimum limits of$ per claim/Occurrence,. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor 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 Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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 Contractor, 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 Contractor or anyone employed or utilized by the Contractor 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. Page 6of17 Fixed Term Service Agreement [2024_ver.3] CAO 16B 2 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, 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 Contractor. Contractor's obligation to indemnify and defend under this Article 13 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. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Public Transit & Neighborhood Enhancement Division 15. CONFLICT OF INTEREST. Contractor 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. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), L. Exhibit A Scope of Services, Exhibit B Fee Schedule, • RFP/ =fTB/` Other #23-8166 , including Exhibits, Attachments and Addenda/Addendum, -Sequent quotes, and ❑■ Other Exhibit/Attachment: Federal Contract Provisions and Assurances 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. 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. 19. 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, as amended, 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7of17 Fixed Term Service Agreement [2024_ver.3] S 16B 2 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequest(ccoliiercountyfl.gov The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws Page 8 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 16S 2 referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. • CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. Page 9 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 1 6B 2 25. • WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. n TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. I PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. Page 10 of 17 Fixed Term Service Agreement [2024_ver.3] ago 16B 2 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. 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 Contractor 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 Contractor 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. 33. 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. 34. BEY PERSONNEL. The Contractor's-personnel and-rrranagement--to-be--ra zed-for this-project shaft-be-knowfedgeabfe-in--t# eir-areas-+expertise:--The C-aunty®reserves the right-to-perforn investigations-assarbe--deemed-necessary--tom--ensare-that-eatnpetent persons wit ie-t+t+fizcd in-the-perfernanec of the-Agreement. The Contractor shall-assign Page 11 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 1 6B 2 table o leet-the required se +ee eplacerl a adlor-experienee42)--tbatwtJaenti#ied-ire--va tting-as.far in advanoe-a ess+ble: The.Contractor-s-hal+-make-eerrtt ereially-reasona ite-e forts--te-neti#y-Gather--Geunty-wit is se.ven474.-days-of-the-change. The-County-retains.fanal-approval-et-props ed- even=►ent personnel-. ■ AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement 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 Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. n ORDER-OF-PRECEDENCE-In the event-=f any conftiet between...or amoeg-tine-terms ef-any-of-the--Gon# aet-CBoetrrne„ts;-t"e tomes- ekieitatien-the-G aete s- pesat, and/ tt C ua y's--Board-approved-€xecutave.-.Summary- the--Contract-Ooounlents-enatt take- edenoe. ■ ORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor 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 Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least Page 12 of 17 Fixed Term Service Agreement [2024_ver.3] S 16B 2 four(4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS a{7,colliercountvfl.gov) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Collier County Sheriff's Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. I SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement [2024_ver.3] CAO 16B 2 IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above, ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Comp ler By: Ota By: i4f044/9. 4.€4iabia— _ • Dated: Y v Burt Saunders, Chairman (SEAL) Attcs as t hai man'$ ignatur c v LECIP Chicago, Illinois, Inc. Contractor's Witnesses: Contractor 7r7,1 B Contractor's First Witness S' ature Yasunori Gote, COO Mitsuhiro Omura, CEO TType/print signature and titlee TType/ rint wi ss nameT Co tract r' Second fitness Ning Diaz, Admin tration Office TType/print witness name prov d to F d L ality: County Attorney tint Name Page 14 of 17 Fixed Term Service Agreement [2024 ver.3] 1 6B 2 Exhibit A Scope of Services ❑■ following this page (containing 37 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2024_ver.3] 166 2 RFP #23-8166 Exhibit A Scope of Services 23-8166 DETAILED SCOPE OF WORK Collier Area Transit(CAT) is seeking an upgrade or replacement of the farebox solution. The solution shall meet the requirements below. Items identified as"Alternate" are expected to be priced and included in the proposal, but Collier County may decide not to implement. SECTION 1. FAREBOX: 1. Farebox Functionality: A. The Farebox shall be service proven and shall be installed on the entire fixed route bus fleet for Collier Area Transit. The contractor shall demonstrate that the equipment can be conveniently used by persons with disabilities, including persons with limited manual dexterity and persons with sight disabilities without the need for assistance or special training. The Contractor will be asked to demonstrate how persons with sight impairment will locate the machine, have access to instructions, and carry out transactions. Additionally, the contractor needs to provide a fully hosted solution as CAT does not have any on-premises servers. B. The Farebox shall automatically identify and count all U.S. coins in general circulation, including any U.S. coins that may be issued during the service life of the Automatic Fare Collection system. The Farebox shall also be capable of automatically rejecting foreign and counterfeit currency. The Fare Collection System shall be an open architecture, account-based system with key system interfaces built, using Application Programing Interfaces (API's) published by contractor, and fully owned or licensed by the County. C. The Farebox System must provide an Open Application Programming Interface(API)for reports to and from other contractors. D. Coin mechanism shall be capable of processing coins at an insertion rate of five items per second sustained. E. The Farebox shall have a minimum of twenty (20) fare class presets per fare set. There shall be a minimum of 10 fare sets. The preset amounts shall be between $000.01 and $999.99. F. Each Farebox shall have a bill validator which accepts $1, $2, $5, $10, and $20 bills and capable of accepting bills of"street quality" inserted flat and unfolded. The Farebox shall accept, correctly identify, and total valid U.S. bills while rejecting and returning to the passenger torn, mutilated, partial, and counterfeit or foreign bills. G. The Farebox shall be capable of recognizing all U.S. legal tender that may be issued over the service life of the system. H. All U. S. coins and bills shall be deposited into a single Cashbox, securely compartmentalized to separate the coins and bills. I. The Farebox shall be capable of electronically verifying all coins and bills inserted for fare payment. All coins and bills shall be automatically verified and identified by denomination, without operator action. All U. S. coins and bills that cannot be electronically verified shall be automatically rejected and returned to the passenger. J. The Farebox shall assist operators with verification of the fare deposited by showing an immediate display of the value of coins and bills inserted. If the coin or bill verification functionality is not co 16B 2 RFP #23-8166 Exhibit A Scope of Services available due to a jam or equipment malfunction, the operator shall have the ability to place the coin or bill module into bypass mode. While in bypass mode, all coins inserted shall be directly deposited into the Cashbox. The operator should have the ability to note the amount of money inserted while in the bypass mode. K. The Farebox shall be capable of printing transfer tickets and day passes and alternate special passes that the PTNE Division may request for Special Events. The farebox must also be capable of accepting these tickets/passes and accounting for them when used. L. Cashbox Receivers shall be installed at Collier Area Transit main facility in order to securely transfer cash from surface vehicle to the Receiver. The Receivers shall empty the Cashboxes into a stationary cash vault that shall receive and store the cash. The Cashbox Receivers and the vault shall maintain complete secure separation of all coins from bills. M. The system shall have a secure area that will accept the cashbox/farebox vault to release the funds form the exterior Collier Area Transit money counting room. The system shall have provisions for secure transfer into the interior of the counting room. Cash shall not be accessible by personnel or the public from the time of its insertion into the Farebox, until the time of emptying the cash box at the Revenue Collection Facility. N. The farebox shall conform to the reliability requirements in this specification while in revenue service operations. The Farebox shall be accurate in its counting and data reporting and shall be secure in its retention and transfer of data and collected revenue. The Farebox design shall keep operator intervention to a minimum while processing of fares on board the bus. O. The farebox shall function under the environmental and operational conditions specified and shall be designed and manufactured to provide a high degree of security against forced entry and/or unauthorized manipulation. P. Data integration shall be made available, open Application Programming Interface (API) will be required for Business Intelligence integration. Q. The fare collection system shall communicate with the Computer-Aided Dispatch/Automatic Vehicle Locator (CAD/AVL) system for the exchange of data and in support of integrated operational functionality. R. The CAD/AVL system will be the primary log-on and log-off system for the bus operator. The farebox startup sequence shall require receipt and validation of AVL log-on information consisting of: Single sign on is a requirement between the CAD/AVAL system and the Farebox system which displays, at minimum, the following information. a. Operator ID b. Block-ID c. Log on date and time S. The time and date on each Farebox must sync with that of the CAD/AVL system. 2. Farebox Technical Requirements: A. The farebox shall be designed to fully validate the deposit of coins, and currency bills to ensure, without intervention by Collier Area Transit personnel,the genuine validity of the deposited currency or tokens. Inserted coins, tokens or currency bills rejected or determined to be invalid shall be promptly returned to the customer without intervention by Collier Area Transit personnel. B. The coin validator shall be configured to accept, validate, and count the value of pennies (1 cent), nickels(5 cents), dimes(10 cents), quarters(25 cents), and dollar coins($1.00). It shall be possible CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services to configure the coin mechanism to accept, validate, and count coins or tokens with a diameter and thickness between that of the U.S. dime and the U.S. half dollar coin. C. The design of the coin bezels and coin acceptor channel shall be such that coins inserted into the farebox at the rate of five (5) coins per second are reliably, without jam, and channeled to the coin validator in an appropriate manner to ensure accurate and reliable identification. A failure of the coin handling system to properly and reliably present coins to the coin validator shall be considered as a failure of the coin system. D. The farebox logic shall maintain a record of total coins and tokens processed and total coins and tokens rejected, and this record shall be transmitted to the data system at each data upload. E. The farebox shall be capable of accepting,validating, and counting paper currency bills.The paper currency acceptance slot shall be positioned in the general proximity of the coin insertion area and shall accept paper currency that has been opened to its full area and is inserted lengthwise. F. The bill validator shall be capable of validating not less than ten unique paper currency designs and shall be configurable to accommodate new or changed currency designs without disassembly or mechanical modification. The bill validator and the delivered supporting systems shall provide the means for Collier Area Transit to update the validator logic as necessary to support currency changes without Contractor assistance or return of the validator unit. Any new currency design must be comparable (size and detection technology) to banknotes in circulation at Notice to Proceed. The validating logic of the validator shall examine the inserted bill for proper characteristics and upon validation of these characteristics shall accept and count the currency. G. The bill validator shall validate and count one-dollar ($1), five-dollar ($5), ten-dollar ($10) and twenty-dollar ($20) U.S. banknotes of the types released into circulation during the period from 2000 until installation. H. The farebox logic shall maintain a record of total bills processed, total bills rejected, and total bills overridden (if allowed) in a register transmitted to the data system at each data download. Bills not properly processed due to a bill jam are handled in two ways. If a bill jams in the bill scanner and the validation of the bill has not been completed,the value of the bill is not known, and an"unknown document" event is recorded. If the jam occurs at the path down to the cashbox, the correct bill value shall be stored. I. The top assembly is utilized to provide maintenance access. It shall be secured to the farebox upper portion by means of a continuous hinge and high security lock. Additional or alternative maintenance access doors may be provided to permit access to the interior of the farebox. They shall be secured by high security lock systems and, unless otherwise approved, shall utilize a continuous hinge design. J. If opening any maintenance access door or assembly is required to gain access to secondary maintenance access door, the operation of those secondary maintenance access door(s) shall be interlocked to assure they cannot be left in the open position when the top assembly is closed and locked. K. The lower portion of the farebox shall be made of stainless steel. A revenue access door shall be provided to gain access to the cavity that houses the cashbox. This door shall have a full-length hinge and be secured by means of at least a three-point locking bar, actuated by means of a high security electronic lock. The design shall be such that there shall be no gaps allowing prying to open the door with tools, chiseling, or other entry. Illegal entry shall be clearly indicated by noticeable damage to the farebox and inability of the farebox to function. CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services L. Any keys or locks that are captive to the lower portion of the farebox and used to interface with the cashbox shall be securely fastened and shall be removable only in an authorized manner. Guides shall be employed within the cashbox cavity to assure that the cashbox is in alignment for proper operations. M. Wires and cables that are run through the lower portion of the farebox to the upper portion shall be run in a protected channel or raceway. No wires shall be visible when looking at the cashbox cavity. N. The cashbox system shall be designed and constructed to ensure the highest level of security in the storage and transfer of revenue.The cashbox shall be constructed in a configuration to fit within the dimensions of the lower portion of the farebox and shall have two individual and separate compartments to receive and retain coins and bills, each in their respective compartments. The separation of the bills from the coins shall be positive. O. Except as provided by a secure maintenance configuration,the cashbox and its associated farebox shall be designed and so interlocked in a function to preclude operation of the farebox for the purpose of accepting coin or currency without the presence of a properly secured, fully functioning, and correctly operating cashbox. P. The mechanism employed to open or close the cashbox shall be positive and smooth in operation. Internal locking mechanisms shall be constructed of strong and durable materials. The term "internal locking mechanisms" refers to all components, including levers, strokes, gears, pins, and locking feet that are required to release the cashbox from the farebox or lock it in place in the farebox. Q. The cashbox shall fit into the farebox only in a single correct position and shall be placed into the ready position to collect revenue by a continuous single motion. The farebox shall remain inoperable until the cashbox is inserted and ready to accept revenue, and the cashbox access door is closed and secured. Except as may be provided under a secure maintenance configuration, it shall not be possible to place the farebox into a condition to accept coin or currency bills without the presence of a properly inserted and fully functioning operational cashbox. R. The opening of the cashbox access door to permit removal of the cashbox shall be accomplished only through an authorization process and communication with the back office. The design and operation of the cashbox shall be such that the cashbox must be in a closed and locked condition to be removed from the farebox unit. The design, mechanism, and operation of the cashbox shall be positive and at no time shall expose the interior of the cashbox or any of its contents during any portion of the collection or revenue transfer cycle. S. Contractor shall provide two complete farebox systems capable of running on 120volt AC power. One farebox will be used for training purposes, and one will be used as a test bench by maintenance for determining component failures. 3. Farebox Position on the Vehicle: A. The farebox shall be installed adjacent to the operator position near the front door, and shall be positioned so that an entering passenger, including persons with disabilities, may easily insert the fare into the farebox. The farebox position shall allow the rapid and secure inspection of the Operator Control Unit(OCU) data or, if required, the positioning of the data probe, and convenient removal of the cashbox from the farebox. B. The farebox shall not impede the vehicle operator from ready access to the operator seat nor obstruct driver barriers. CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services C. Space and structural provisions shall be made for installation of the farebox. Location of the fare collection device shall not restrict traffic in the bus, including wheelchairs if a front door loading device is used, and shall allow the driver to easily reach the farebox controls and to view the fare register. The farebox shall not restrict access to the driver area, shall not restrict operation of driver controls and shall not — either by itself or in combination with stanchions, transfer mounting, cutting, and punching equipment, or route destination signs—restrict the driver's field of view.The location and mounting of the fare collection device shall allow use, without restriction, by passengers. The farebox location shall permit accessibility to the vault for easy manual removal or attachment of suction devices. Meters and counters on the farebox shall be readable daily. The floor under the farebox shall be reinforced as necessary to provide a sturdy mounting platform and to prevent shaking of the fare box. D. CAT will approve the position of the fareboxes installation on all vehicles. E. The Contractor shall provide approved mounting hardware and kits. F. The Contractor shall analyze the correct placement of the farebox on each different make and model of bus and shall provide drawings on the recommended placement for each different make and model of bus. G. The Contractor shall ensure that the placement of the new fareboxes meets the required maneuvering and reach ranges of Americans with Disabilities Act (ADA) compliance. Relocation, removal or installation of new railings or other elements that may represent barriers that could be encountered in the vicinity of the new farebox shall be performed as necessary to meet these requirements. H. The Contractor shall position the farebox in such a way that oncoming passengers are not harmed in the event of an accidental fall or collision with the farebox. Optionally,the Contractor may supply farebox safety guards. I. The farebox position shall allow for the rapid removal of the farebox from the vehicle. The farebox shall be installed to permit complete unrestricted opening of all maintenance lids and doors and the cashbox access door. It shall be possible for an experienced maintenance technician, equipped with the proper tools, to remove the farebox from the bus in less than 15 minutes. In addition, the farebox top shall be removable without providing access to any fare media, coins, or bills in the farebox. J. On all types of buses, the location of the farebox and OCU will be established jointly between CAT operations personnel and the Contractor. K. The design of the farebox to meet all the requirements of the Technical Provisions shall be submitted for review and approval by CAT. 4. Farebox Transactions A. The farebox shall securely and accurately record all transactional information, including sales data, operational errors and exception conditions, passenger information, and operator commands. At a minimum, the farebox shall record data for all transactions as follows: a. All payment transactions b. Type of media processed. c. All operator fare classification commands d. Route e. Block f. Latitude and Longitude g. Farebox power off. h. Farebox power on CAO 1 6B 2 RFP #23-8166 Exhibit A Scope of Services i. Operator log-on j. Operator log-off k. Door/cover opened (including identification of door/cover) I. Door/cover closed. (Including identification of door/cover) m. Successful data probe of transactional data n. Unsuccessful data probe of transactional data o. Successful download of farebox configuration data p. Unsuccessful download of farebox configuration data q. Cashbox access door opened other than after probing. r. Cashbox access door closed. s. Cashbox removed by unique asset ID. t. Cashbox inserted by unique asset ID. u. Farebox errors and failures v. Security errors and intrusions w. Coin jams x. Clearance of coin jams y. Bill jams z. Clearance of bill jams aa. New fare set selected. bb. Lost Connection cc. Date and time of payment B. The farebox shall permit the operator to enter Passenger classifications through the OCU, which shall match such Passenger classifications to fare amounts. C. The farebox shall record all errors and exceptions including errors resulting from jammed bills or coins, mechanical malfunctions, operator errors, and all such conditions where the normal operation of the farebox may be disrupted. An individual record with date, time, and other relevant details, shall be written for each occurrence of an error or exception. Errors and exceptions shall be recorded in such detail that an analysis of this information shall represent a full and complete picture of the farebox performance. D. In addition to transactional data, the farebox shall maintain running counts and totals such as total number of coins rejected,total number of bills rejected, and other under no circumstances shall the farebox discard detail data or substitute summary data, other than as configured by CAT. E. All transaction and revenue data shall be date and time stamped to the highest resolution of the farebox clock. F. All transaction and revenue data shall be assigned a unique (per farebox) incrementing record sequence number at the time it is recorded. G. The farebox shall provide adequate data storage capacity to store accurately and securely a minimum of 30 days of full revenue and transactional data. When the capacity of the farebox data storage is reached, the farebox shall suspend normal service and indicate that data probing is required. H. Transactional data shall be transmitted to the Base Computer System when data is probed prior to revenue service. After successful data probing, the Base Computer will direct the farebox to delete the data from the farebox. I. Alternative technologies for the storage of data, which provide the same capacities and functionality, shall be permitted, subject to the approval of CAT. C O 16B 2 RFP #23-8166 Exhibit A Scope of Services 5. Farebox Communication With CAD/AVL System A. The fare collection system shall communicate with the CAD/AVL system for the exchange of data and in support of integrated operational functionality. B. External communication architecture will be designed in conformance with open systems standards. The farebox shall be provided with an asynchronous serial communications port compliant with the SAE J-1708 and J-1587 standards in addition to communications ports utilized by Contractor provided devices. Coordination with CAD/AVL Contractor is required to determine the appropriate means of data transfer to accomplish the goals of the scope. C. The CAD/AVL system will be the primary log-on and log-off system for the bus operator. The farebox startup sequence shall require receipt and validation of AVL log-on information consisting of: Single sign on is a requirement between the CAD/AVAL system and the farebox system. a. Operator ID b. ii) Block-ID c. iii) Log on date and time D. The farebox shall monitor the J1708 interface for connection and data. If the AVL or J1708 link is determined to be out of service after several communication attempts,the farebox will prompt the operator to log-on manually to the farebox. E. A connection timeout period shall be a configurable parameter.The farebox shall automatically resume communication with the AVL when the connection is restored. F. Farebox time would sync with that of the CAD/AVL system. G. In revenue mode, as the vehicle door opens, the farebox shall automatically tag each transaction with the following information from the AVL: a. Stop location (GPS Coordinates) b. ii) Operator ID c. iii) Block-ID H. Upon loss of AVL communication, the farebox shall detect invalid location (e.g., lat/long field is zero) or loss of AVL communication and prompt the operator to enter the Block-ID, which is updated automatically when the AVL communication is restored. When AVL communication is restored the farebox shall transfer the following information to the AVL system: a. Log on/Log off activity. b. ii) Farebox Alarms I. The farebox shall enter non-revenue mode or lockout fare transaction upon operator log-off or the farebox has been idle for a time period. The farebox idle timeout shall be a configurable parameter. J. H. The following alarm conditions shall be communicated to the AVL in real time: a. Cashbox full. b. ii) Cashbox removed -Alarm shall be created whenever a cashbox is removed from a vehicle on the road. c. iii) Farebox bypass set—Alarm shall be created when the vehicle operator sets the farebox to bill or coin bypass mode. d. iv) Cashbox door opened in service-Alarm shall be created when the cashbox door is opened on a vehicle on the road. e. v) Maintenance Access -Alarm shall be created when any maintenance cover/door of the farebox is opened when the vehicle is on the road. 1 6B 2 RFP #23-8166 Exhibit A Scope of Services f. vi) Farebox out of service-Alarm shall be created whenever a farebox event causes the farebox to be automatically shut down. g. vii) Cashbox inserted — if a cashbox has been removed and inserted without being vaulted, an alarm is required. If a cashbox has been removed from a vehicle on the road and immediately reinserted. The cashbox number shall be included with the message. h. viii) Media level below a preset number K. Data integration shall be made available, open API will be required for Business Intelligence integration. 6. Farebox Self-Test and Diagnostics A. The farebox shall automatically test all components and functions on every power up. Errors detected during this self-test function shall be recorded in the farebox transactional data and displayed to the operator on the OCU display. B. The performance of the farebox shall be continuously monitored during operation, and all errors, exceptions, and anomalies shall be recorded in the Farebox transactional data reported to the operator on the OCU. C. All circuits within the farebox shall be designed to permit testing and/or voltage measurement of the various components/boards through designated test points that are clearly indicated and accessible. If test points are not provided, the use of extended boards is permissible with CAT approval. SECTION 2. DRIVER CONTROL UNIT 1. DCU Functionality and Mounting Options: A. Driver control and operation of the farebox shall be through the use of a Driver Control Unit(DCU). This unit shall provide all driver operational display and input control functionality necessary to operate the farebox. Design and functionality of the Driver Control Unit is subject to approval at the Design Review. B. The DCU shall be integral to the farebox and not require separate mounting, power, or network communications from the farebox. C. The DCU shall function to provide all necessary farebox input and display to fully support the operation of the farebox. The unit shall be designed to function without degradation in the vehicle operating environment, giving consideration to lighting, temperature, dust, moisture, vibration, and other such conditions. D. The DCU shall be designed to support driver key entry and information display while functioning in the operating vehicle environment. Consideration for ergonomic and functional utility shall be inherent in the design, given the requirement to support the driver population, operating conditions, and driver seating positions. It shall be incumbent upon Contractors to familiarize themselves with the DCU design requirements. E. The DCU shall be readily readable by a driver in lighting conditions ranging from bright sunlight to darkness and by drivers wearing polarized sunglasses. Readability of the display under adverse operating conditions is a critical requirement. As specific adverse operating conditions are not definable, it is incumbent upon Contractors to familiarize themselves with the adverse operation conditions that may be present and shall overcome those conditions. Display back lighting may be CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services provided if necessary to enhance functionality. Display controls for brightness and contrast shall be included, but they shall not be capable of being adjusted to make the display not visible. F. The display shall consist of several functional areas including: a. Driver Revenue Display i. The Driver Revenue Display shall minimally consist of a four numeric digits and decimal to support display of revenue values between $00.00 and $99.99. Display of the "$" is optional and shall be required only if the display area is utilized for other display information. b. Driver Information Display i. The Driver Information Display shall minimally display characters at least as large as that required by accepted human factors design criteria for persons with 20/20 vision at the distance and angle as seated drivers would be from the DCU in the installed position on all classes of vehicles. Characters shall be sized for the most adverse mounting and driver position situation. G. The DCU shall enable the driver to select from the applicable fare set (including concessionary, route, or time-based fares) prior to riders depositing cash. Concessionary fares will include at least Adult, Senior/Disabled/Medicare (SDM), and Youth. H. The Driver Control Unit shall be operational at any time the farebox is operational. It shall not be necessary or possible to independently turn on or turn off the Driver Control Unit.When operational, all displays, key functions, and operating features of the DCU shall be operational and fully functional. I. The Driver Control Unit shall display operator logon and route information transferred by the CAD/AVL system. J. The operator shall log-on to the Farebox through the CAD/AVL system. K. The DCU should have a single sign on to the CAD/AVL system. L. The Driver Control Unit shall display operator log-on and route information transferred by the CAD/AVL system M. The bi-directional communication link between the Farebox and the CAD/AVL system will allow the operator to log-off both CAD/AVL and Farebox systems using either the CAD/AVL or the Farebox DCU. To initiate the log-off procedure the operator shall press an assigned button combination. 2. Operator Log-on Communication Links: A. The operator shall log-on to the farebox through the CAD/AVL system. B. Coordination shall occur between farebox Contractor and CAD/AVL Contractor that proper interface is completed. J-1708 is noted in the following points but may differ depending on outcome of coordination between CAD/AVL and farebox Contractors. C. The Contractor shall ensure that the appropriate Society of Automotive Engineers (SAE) J-1708 message structure is documented, implemented, and tested for this purpose. Communications error detection provided for by J-1708 and retransmission of damaged messages provided for by SAE J-1587 shall be supported by the proposed interface and tested. CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services D. The Contractor shall certify that the SAE J-1708 protocol within the farebox is capable of handling all of the messages transmitted to it without loss of any messages due to capacity constraints from either the farebox hardware or software. E. The farebox shall have the capability to receive consecutive J-1708 messages separated by the minimum idle time described in SAE J-1708 (approximately 1.2 milliseconds apart). F. In the absence of external SAE J-1708 login data from the CAD/AVL system, prior to the farebox entering revenue service,the operator shall have the ability to log on to the farebox. In this situation, the CAD/AVL system will be activated by the farebox and the log-on or log-off process shall be established in the CA D/AVL system. G. Successful log-on shall require a valid operator ID, and Block-ID. Operator IDs shall be securely maintained at the Base Computer System and shall be downloaded to the farebox. H. Optional Smart Card/Employee Id Operator Log In: The farebox shall permit the logon and activation of the farebox using an optional smart card-based Employee ID. Operator ID may be entered via the keypad as well as using the optional smart card. This type of successful log on will activate the CAD/AVL system as described above. I. The log-on information shall be retained in non-volatile memory. If the farebox is rebooted during revenue operation, the operator or AVL/CAD log-on shall not be required. The log-on information shall be cleared during probe. J. The farebox shall also support relief operator log-on, supervisor log-on, and manager log-on. Non- revenue service log-on shall be possible for maintenance and revenue technicians. K. Provision shall be included to display items entered,to display all entered selections, and to correct any mistaken entry without re-entering all previous correctly entered selections. L. At a minimum, the following security levels shall be software configurable: i) Normal Operator ii) Supervisor iii) In training Personnel iv) Manager v) Maintenance Technician vi) Revenue Service Agent M. Functions and commands requested from operators with insufficient security shall be denied, and a transaction documenting this denial shall be recorded in the farebox transactional data. Alternatively, the farebox shall only offer such functions that comply with the permissions for the logged-on user. N. Upon completion of the log-on process, a log-on record shall be established defining all of the above selections, together with the date/time stamp. O. The OCU should have a single sign-on to the CAD/AVL system. 3. Operator Log-off: A. The bi-directional communication link between the farebox and the CAD/AVL system will allow the operator to log-off both CAD/AVL and Farebox systems using either the CAD/AVL or the farebox OCU. CAO 168 2 RFP #23-8166 Exhibit A Scope of Services B. To initiate the log-off procedure the operator shall press an assigned button combination. SECTION 3. SECURITY AND ACCESS 1. Security Design A. The farebox and fare collection system shall be designed in a manner that establishes a direct audit trail between revenue deposited into the farebox("registered revenue")and revenue counted in the money room ("deposited revenue"). B. The fare collection system shall provide the following functions to support the secure revenue audit trail: a. Each cashbox shall be delivered with a unique electronic ID resistant to duplication and counterfeiting. b. The farebox shall read the cashbox electronic ID upon insertion of the cashbox and periodically during revenue service. c. The farebox shall record and track all revenue deposited into the cashbox, along with all other transactional detail information, and shall report this data to the hosted computer system when probed for data during revenue service. d. The farebox shall be capable of storing no less than thirty (30) days of full revenue and transactional detail information, without resorting to storing such information in summary form. e. The cashbox shall close securely and automatically lock prior to removal from the farebox, and the cashbox shall be designed to prohibit removal from the farebox unless it is in a closed and locked state. f. Upon removal from the farebox, no revenue within the cashbox shall be visible or accessible. g. Unlocking of the cashbox to access the revenue shall not be possible without the"cashbox revenue key," which shall be available only in the money room or receiver/vaults. Alternative mechanisms for unlocking the cashbox will be considered as long as they maintain revenue security. C. Cash Vaults shall have both a visible and an embedded electronic unique identifier code or serial number. Embedded ID shall be readable by other components of the fare collection system. 2. Cashbox Access Door Security A. A set of contacts shall be provided to indicate the cashbox door open. The contacts shall be pre- wired for external termination. The Contractor shall be responsible for connection to the ACS terminal and for verifying proper operation of the interface. B. Cashboxes and cashbox receivers shall have a common cashbox key. If the removal and insertion of a cashbox into the farebox or cashbox receiver is awkward and/or lends itself to damaging or misaligning the cashbox, farebox, cashbox receiver or lock/key mechanisms, the system shall be rejected. Alternative vaulting concepts, which provide the same security and similar access controls, shall be considered. C. Lock combinations and keys for all identical functions shall be keyed alike. Different combinations shall be provided for each function. Keys shall be separately serialized to permit easy insertion into the key control program. D. Cashbox shall lock into farebox housing with an electronically activated lock to prevent unauthorized removal. CAC 1 6 B 2 RFP #23-8166 Exhibit A Scope of Services E. Cashbox must securely close and automatically lock prior to removal from the farebox. F. Access control card based farebox security and access system for revenue collection and maintenance is a preferred method. SECTION 4. DATA COLLECTION 1. Data Collection: A. Electronic logic incorporated in the farebox shall receive value signals from the coin and currency bill module. The electronic logic shall accumulate and store the amounts in an electronic register and such amounts shall be displayed on a display available to the driver. The accumulated fares shall be recorded so that the total value received by the farebox can be determined since the farebox was last interrogated and the total value received by the farebox since installation or clearing of the farebox memory. Totals shall be reported for all cash revenues, token unit count and bills. B. The farebox shall record, store, maintain, and upload to the back office an individual transaction representing a record of fare collection operational activity. All transactions shall be date/time stamped and shall be assigned an incrementing record sequence number unique to the farebox. Transactions shall be made of all significant activity, including but not limited to the following: a. Cash fare payments b. Key fare payment entry (e.g., classification or tally) c. Key entry operations (e.g., bill override, card issue) d. Driver log. on, log• off, and log changes e. Driver ID f. Route g. Run h. Trip i. Bus Stop j. Direction k. Fare Set I. Farebox power on/off m. Coin by-pass activation or clear n. Cashbox threshold level event o. Data storage threshold event p. Data interrogation event q. Electronic key event r. Cashbox door open and close events s. Cashbox removal and insertion events t. Security events u. Maintenance status events. v. Maintenance access. w. Maintenance/jam clear access C. In addition to transaction records, the farebox and/or the back office shall maintain aggregate data records and counts of other system activity, including but not limited to: a. Coins validated. b. Coins rejected. c. Bills validated. d. Bills rejected. e. MRU reads. f. MRU misreads. g. CSCP read. h. CSCP misreads. CAO I 168 2 RFP #23-8166 Exhibit A Scope of Services i. CSCP encode. j. CSCP verify fail. D. Exchange of configuration and revenue data with the farebox shall occur over the onboard mobile access router and a garage wireless network. Specifics of data exchange shall be defined during design review. The specific data transfer method used may vary, but the functional and operating requirements are constant. The wireless data transfer probing process should maximize convenience and reliability while minimizing labor and time required for accomplishing this essential task. The data transfer process must provide maximum security and involve as minimal intervention by Collier Area Transit personnel as possible. Data upload should begin automatically as buses return to Collier Area Transit designated probing area and when the farebox is within range of a wireless access point. Currently, there are routers on every single bus. We want every bus to have access to connect to the wireless access point,which should be provided and maintained by the contractor to their back office. a. The average time to download/upload data shall be executed within a reasonable timeframe for all vehicles. The wireless data transfer solution shall have the capability of uploading farebox configuration data supporting farebox functionality. Contractor is required for necessary equipment for wireless network. E. Farebox interrogation and revenue collection authorization shall accomplish the following functions: a. The data transfer action shall be authorized only when wireless communication has been activated in the approved manner. Portable or wireless data transfer systems shall be designed to ensure functionality only in an authorized or approved manner. b. The farebox shall initiate contact with the back office and shall exchange identification data related to farebox and cashbox serial number. c. Farebox date, time shall be compared to the back-office date and time, and the back-office date and time downloaded to the farebox. d. All data stored by the farebox since the last upload shall be uploaded to the back office during data exchange.This shall include cash transactions, alarms, warning alerts, bypass activation, use of electronic keys, use of portable data units and other pertinent data. e. The data system shall verify that only one set of data has been received from each farebox; where duplicate data has been received, the data system shall reconcile the duplicate data. f. The back office shall download all information scheduled to be downloaded to the farebox, including but not limited to fare tables, authorized route/run/trip and driver parameters, and other specific parameters and data. g. The farebox shall not transmit the appropriate command to unlock the cashbox access door until all data exchange is completed and verified and proper action has been taken by the vault puller to open the cashbox door. A tone (warble) shall be sounded to alert revenue collection personnel to remove and empty or replace the cashbox. h. The cashbox removed event shall generate a transaction that includes the date and time and cashbox ID number of the event. i. The cashbox insertion and locking of the access door shall generate a transaction that includes the date and time and cashbox ID number of the event to be transmitted during the next interrogation and transfer of data. j. The total time required to complete an interrogation of the farebox, complete a full exchange transaction data,and authorize release of the cashbox access door shall not exceed 5 seconds. Time required to exchange other data with the back office shall be established during design. CAO 1 6 B 2 RFP #23-8166 Exhibit A Scope of Services F. The back office shall download into the farebox memory the current fares for all the preset fare tables, the valid presets for current routes, associated push button values, the function of each driver push button registration assignments, and other such information as required by the farebox. SECTION 5. REVENUE COLLECTION SYSTEM 1. Revenue Collection System: A. The Revenue Collection Receiver structure shall be free standing. Hardware shall also be supplied as part of the receiver that shall allow application of a hasp lock. Alternatively, a separate key operated lock shall be provided on the receiver door to permit the door to be locked closed. Under a "door locked"condition and with no cashbox in the receiver the receiver shall be inoperative. B. The thickness of the metal used in the receiver, its enclosure, and the vault structure shall be such as to serve for the intended usage and security of collected revenues. The equipment shall be constructed of noncorroding materials, plated materials or shall be cleaned, prepared, and painted with weather resistant enamel. The front surface, door and entire cavity of the receiver shall be made of stainless steel for corrosion protection and wear. C. Appropriate maintenance access apertures shall also be provided to aid in the maintenance of the Revenue Collection System. Each aperture provided shall be keyed alike. All locks and keys for the Revenue Collection System shall be secured with a high security locking system. D. Each separate key and lock employed in the Revenue Collection System shall be different, except for the maintenance apertures. The keys and locks employed in the Revenue Collection System shall be different from those employed elsewhere in the Fare Collection System. E. The Revenue Collection Vault shall be fitted with mechanical interlocks and/or electronic sensors to sense the presence of a properly seated and open Mobile Safe. These interlocks shall be connected to the receiver above so that if the interlocks are not satisfied, the receiver shall not be able to accept and process a cashbox. The interior cavity for the Revenue Collection Vault shall have durable guide rails or plates to guide and position the Mobile Safe for insertion or removal. F. The Revenue Collection Vault shall have provisions internal to the structure for permanently mounting the vault to a concrete pad or floor by a minimum of four anchor bolts for each vault. G. As revenue is received in the Revenue Collection Vault the data shall be uploaded in real time to the back office and visible in the back-office interface including total collected and counts of all currency and coins. H. To enhance the security and safety of our fare collection system, we are seeking a solution that includes the capability to remotely unlock the cashbox within each farebox. Specifically,the desired functionality is that the cashbox will only be accessible for removal when a secure signal is received by the farebox from a wireless device. Potential contractors should provide a detailed description of their proposed solution, including any relevant technical specifications and implementation requirements. I. The revenue deposited into the Cashbox in each farebox shall be transferred manually to a stationary vault. The stationary vault will consist of a Cashbox Receiver, secure vault housing and a Mobile Bin. J. The Cashbox Receiver shall accept a Cashbox and by means of a mechanism operated in a secure manner. The Receiver shall open the Cashbox and discharge its contents (coins and bills) into separate compartments in the Mobile Bin located below the Receiver. CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services K. The Mobile Bin shall accept the separated coins and bills from the Receiver and store them in separate compartments. The Mobile Bin shall be removable from the vault structure but only in a closed and locked condition. The Mobile Bin structure and design shall permit lifting by a forklift for transport to the money counting room. L. The vault structure shall be permanently installed. The vault structure and appurtenances shall be installed in the existing vault room. The Contractor shall specify the installation, structural, environmental,and power requirements to operate and maintain the vault system.The specification shall be detailed for Collier Area Transit assessment of the impact of the Contractors vault system on cost and resources. The specification shall be quantitative and delineate construction and installation details. M. Audit Vault shall be configured with two separate interior compartments, one for coins and tokens and the other for U.S. bills. During the revenue transfer process, the coins from the Cashbox will go into the coin compartment while the bills and tickets will remain separated from coins and go into the bills compartment. 2. Stationary Vault A. The cashbox in each farebox shall be 'unlocked' for removal when the farebox receives and electronic code from a probe device. B. The revenue deposited into the Cashbox in each farebox shall be transferred manually to a stationary vault. The stationary vault will consist of a Cashbox Receiver, secure vault housing and a Mobile Bin. C. The Cashbox Receiver shall accept a Cashbox and by means of a mechanism operated in a secure manner. The Receiver shall open the Cashbox and discharge its contents (coins and bills) into separate compartments in the Mobile Bin located below the Receiver. D. The Mobile Bin shall accept the separated coins and bills from the Receiver and store them in separate compartments.The Mobile Bin shall be removable from the vault structure but only in a closed and locked condition. The Mobile Bin structure and design shall permit lifting by a forklift for transport to the money counting room. E. The vault structure shall be permanently installed. The vault structure and appurtenances shall be installed in the existing vault room. The Contractor shall specify the installation, structural, environmental, and power requirements to operate and maintain the vault system. The specification shall be detailed for CAT assessment of the impact of the Contractors vault system on cost and resources. The specification shall be quantitative and delineate construction and installation details. 3. Cashbox Receiver A. The Cashbox Receiver shall have a mechanism at the top of the vault into which a Cashbox is inserted. The Cashbox shall be accepted by the Receiver in one and only one orientation for revenue transfer. The Receiver shall have a heavy interlocked door and designed so that the Cashbox is positively guided in and out. Once the door is closed and locked the Cashbox contents shall be securely transferred into the dual compartments of the vault. The Receiver door shall remain locked until the revenue transfer process is complete. During the transfer process, neither the interior of the cashbox nor the vault shall be visible, nor shall access be allowed. B. The revenue transfer process shall be manual in operation, require no electrical devices or components. In the event of power or battery failure, it shall be possible to continue transfer revenue CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services in a secure manner. C. The revenue transfer process shall take no longer than ten (10) seconds, as measured from the time the cashbox receiver door is closed until the door is opened. D. Keys shall not be required to operate the Cashbox Receiver in normal revenue transfer use. All engagements and/or alignments shall be positive and automatic. E. All Cashbox Receivers shall be of the same dimensions and shall accept all Cashboxes supplied under this contract. 4. Vault Housing A. All parts of the vault shall be made of non-corroding or plated materials or shall have been cleaned, prepared, and painted with weather resistant coating. The front surface, door and interior of the Receiver shall be stainless steel for corrosion resistance and wear. All doors on the vault and Receiver shall be structurally rigid with heavy-duty hinges, with high security locks. B. The interior of the vault shall have guide rails and plates to guide and correctly position the Mobile Bin upon insertion. The vault shall have mechanical interlocks that sense the presence of a Mobile Bin properly seated and ready for operation. If the interlocks are not satisfied, the Cashbox Receiver will not accept or process a Cashbox. 5. Mobile Bins A. The Mobile Bin shall be configured with two separate interior compartments, one for coins and tokens and the other for U.S. bills. During the revenue transfer process,the coins from the Cashbox will go into the coin compartment while the bills and tickets will remain separated from coins and go into the bills compartment. B. The Mobile Bin will have two large revenue discharge doors, one for coins and one for bills. Each door will be secured by a high-quality security lock. Coins will be discharged from the bin by gravity using sloped stainless-steel bottom surfaces to aid in the process. Revenue discharge doors and openings will be securely designed to prevent exposure of revenue except when opened in an authorized manner. C. The Mobile Bin shall have capacity to hold not less than a total of 10,000 in"street"money bills and not less than a total of 10,000 in coin. D. All of Mobile Bins provided under this contract shall be identical in manufacture and dimensions and shall be interchangeable between any of the Cashbox Receivers and vault housing. The Contractor shall submit braking system design for approval at the Preliminary Design Review. SECTION 6. BACK OFFICE 1. Requirement A. The back office shall consist of the application programs, system functionality, and operating capability to generate responses, print reports, compile, and generate files, and make data available in response to user input and programmatic requests against data maintained within the back office. It shall include the functional capability to access available data and data elements, summarize and calculate the data, and format output as appropriate and necessary to generate the specified user responses. B. Collier Area Transit shall not host the back office. The system could be offered as Software as a CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services Service or hosted through a "cloud" based hosting service (AWS, Rackspace, etc.) subject to approval by Collier Area Transit. All transactional data shall be owned and accessible by Collier Area Transit. C. The back-office interface shall be achieved through a standard web browser, using appropriate user authentication. D. The fare tables shall be easy to view, review, and test when entering during creation of initial tables and any future fare updates. This shall be addressed during design and testing. E. The System shall allow the Collier Area Transit to view and compare draft fare sets and changes to active and pending fare sets by Collier Area Transit and regionally, by sales channel, and by fare product. F. The System shall have the ability to roll back to a previously used fare set. G. All fare product configurations shall be able to be performed by the Collier Area Transit, as well as by the Contractor during implementation and throughout the warranty and software maintenance agreement terms. H. The System shall allow fare set changes on a frequent, including daily, basis without regard to additional pending changes. For example, Collier Area Transit could change fare rules regardless of other Agency changes that are pending. I. The System shall be able to manage, store, and deploy an active fare set and at least two (2) pending fare sets.An active fare set shall become effective immediately upon publication. Pending fare sets shall be able to be activated manually, or automatically based on a future activation date configured. J. Collier Area Transit intends to use Power BI for their primary reporting needs. Data shall be held in commercial off the shelf relational database system and shall be accessible by standard commercial SQL query tools; Contractor shall provide Collier Area Transit with a full data dictionary and schema and the ability to directly query the data. K. The back office shall provide full capability to control, define, manage, and monitor farebox operations. This shall include functions related to the management of: a. Fare tables b. Service Codes c. System Log On including, employee number, route number, run number, and trip (block) number maintenance. d. Revenue collection operations, security, and access e. Back Office access, user control, system operation, system configuration L. The back office shall have the capability to manage fare tables maintained in the fareboxes. Fare table management functionality shall also include the control and management of the fare table download process to the fareboxes. 2. Fare Structure The fare payment system shall be able to support a variety of fare structure configurations at system launch and in the future. Fare structure includes the supported fare policies,fare media,fare products, and distribution channels through which customers purchase fare media and products. The fare structure shall be configurable by Collier Area Transit and the Contractor and designed to create a simple, unified system that enables interoperability across current and future transit modes without additional development. SI 16B 2 RFP #23-8166 Exhibit A Scope of Services Collier Area Transit Mobile Ticketing Contractor is Masabi and the Farebox system will be required to be incorporated and integrated into the Mobile Ticketing system to retrieve data. As part of our fare collection system,we require a solution that allows the farebox to print a day pass that can be validated by Masabi's validator.The day pass should include all relevant information required for validation, such as the date and time of issuance. Contractors are encouraged to propose a comprehensive solution that meets this requirement, including any necessary hardware, software, and integration with Masabi's validator. Proposals should include detailed technical specifications, implementation timelines, and any associated costs or fees. A. Full capability shall be provided to manage the fare table maintenance process, including but not limited to, creating fare table elements, changing, and deleting elements, and control of the fare table transmission (download) process. B. Each fare table (table) shall include the capability to define, set, control, and manage the following system parameters: a. Individual base fare amount($0.00-$99.99) b. Key attributes—tally, tally/clear, or value increment c. Non-cash (ticket/token/pass) acceptance parameters and attributes d. Transfer processing attributes and operating parameters e. Peak period time definitions f. Fare table effective/discontinue dates. g. Service codes Below is the fare table the vendor is expected to manage through its system. Service Category Full Fare Reduced Fare One-way Fare $2.00 $1.00 Children 5 years of age and younger Free Free Marco Express—One-way Fare $3.00 $1.50 Transfers Free Free Day Passes $3.00 $1.50 3. Back Office Reports A. The following standard reports shall be available from the back office. Equivalent reports that provide the same information may alternatively be provided. All reports shall include Collier Area Transit's operating name, the date or period for which data is reported and the date/time on which the report is generated in a consistent format or data block area. a. The farebox reporting system shall provide the capability to query the system database to produce reports for auditing, revenue, media control, planning, fare management information, maintenance, and other similar requirements. b. The Coin Dispensing System (CDS) shall provide one or more reports to indicate the software and fare table versions in effect on each device, including date of activation, based on events reported by the devices. Such reports shall also indicate successful downloads of software and fare tables that are pending activation, and the date of their successful download. c. To the extent possible, the output format of all queries and reports shall be of similar style. Each report and query shall produce data in tabular format with each column clearly titled on each page. Each row of output data (excluding column titles) shall be consecutively numbered. d. All reports shall provide users with the ability to sort the report rows by any column, user- selectable in ascending or descending order. S 16B 2 RFP #23-8166 Exhibit A Scope of Services e. All reports shall include the following information: i. Title of the report ii. Date and time the report was generated. iii. Complete list of input parameters and sorting keys used to create the report. f. It shall also be possible for the user to select query and report output in a form that is exportable to other applications, such as spreadsheets and graphical report presentations programs. g. The Contractor shall provide several queries and reports at time of delivery. The prepared queries and reports shall be presented in a menu form for selection at any time. Each query and report shall have access permissions assigned to limit availability to those users authorized to view data presented by the query or report. h. Each prepared query and report shall also be capable of being automatically processed at predetermined dates,times, and frequencies. It shall be possible for CAT to identify reports to be run daily, weekly (e.g., every Wednesday), monthly (i.e., the first day, last day, or any specific day of each month), quarterly, and so on. i. Reports of general nature and those that include a wide variety of input fields shall be configurable to narrow the scope of the report. For example, using the menu-driven input forms, it shall be possible to limit a general query or report that provides total sales revenues to only sales associated with the Mobile Ticketing application. j. Reports AD-Hoc Report. Shall provide the ability to create ad-hoc reports, all fields shall be available for the purpose of creating reports. B. At the Final Design Review, Contractor shall provide samples of all reports available from the system Collier Area Transit will determine if any additional reports may be needed. Customized reporting will be done through PowerBl accessing the back-office database directly using standard SQL queries. C. It shall be possible set filters for all detail reports so that the data system shall provide information on one or more specific buses, service codes, routes, runs, cashboxes, drivers and/or dates as is appropriate to the particular report. Examples include but are not limited to: a. Individual Farebox/Bus Reports b. Route/Run Detail Reports c. Cashbox Reports d. Driver History Reports 4. Fare Transfers A. The Fare Collection System shall support the granting of a transfer fare credit for a boarding (e.g., fare payment) that occurs within a defined time period of another boarding. The transfer period (e.g., time during which a boarding is eligible for a transfer) shall be configurable. B. Transfers shall be supported for customers that pay fares using stored value and trip-based pass products. SECTION 7. OPERATING ENVIRONMENT 6. Requirement A. All elements of the system shall be designed, constructed, and tested to function properly in the existing Collier Area Transit environment.The equipment shall be designed and tested to withstand structure- borne stresses and vibrations caused by the motion of buses and daily customer usage and that components shall be designed, built, and tested for the harsh shock and vibration operating environment on the vehicle. B. In the event of a loss of electrical power,field equipment shall complete any transaction in process, CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services retain all data, and shutdown in an orderly manner. The equipment shall return to full operational status after a power failure without manual intervention or adversely affecting the integrity of stored data. C. All equipment shall be protected against damage or data loss under the following conditions: a. Voltage fluctuations b. Reverse polarity of the input voltage c. Temporary voltage variations (0 to 50 V) d. Over current draw e. Stray currents D. The onboard equipment provided by the Contractor shall be able to operate and not suffer any degradation in performance under the following environmental conditions: a. Storage temperature: -22° to +150°F b. Operating temperature: - 15°F to 140°F ambient c. Thermal shock: Up to 50 degrees F in 1 hour, non• condensing d. Relative humidity: 5- 100%, non-condensing e. Airborne dust: up to 180 micrograms per cubic meter, with iron and salt particles f. Sunlight: direct sunlight, radiation loading of up to 789J/sec/m2 g. Inclination: 0° to 20° off vertical h. Rainfall: 10 inches over 12 hours i. Water/solvents: IEC529 to level IP54 or equivalent j. Pollution: Fog (e.g., sulfur dioxide-laden air) and other forms of native air pollution k. Other operational conditions:water spray, industrial cleaning solvents, and mud on system components from cleaning vehicle floors and walls. E. The onboard equipment shall be tested and certified to operate under the environmental conditions specified in Society of Automotive Engineers (SAE) J1455 and all standards contained therein. F. Onboard equipment, including fareboxes and Driver Control Units, shall be designed to operate reliably from a vehicle's direct current power source, which consists of both 12 volts or 24 volts of direct current (VDC). Collier Area Transit prefers that the fareboxes use the 24VDC circuit. G. System equipment shall be equipped with Ground Fault Circuit Interrupter (GFCI) circuit breakers, which include a "push to test" button, visible indication of a tripped condition, and ability to detect an earth leakage current of approximately 5 milliamperes in accordance with UL 1053 and the Florida Public Service Commission (FPSC) standards. H. The connection between the front-end devices and back office shall be over a routable IP network. Where required, the connections shall be secured using Transport Layer Security(TLS)and strong encryption, such as Triple Data Encryption Algorithm (TDEA) or Advanced Encryption Standard (AES). All data sent via the internet shall be TLS encrypted using the Hypertext Transfer Protocol Secure (HTTPS) protocol. Any IP communications must not preclude components of the system utilizing IPv6. I. The onboard modules shall be able to communicate over Ethernet and Transmission Control Protocol/Internet Protocol (TCP/IP), at a minimum. The communication interface to be used shall be determined during design review and must provide adequate support for all system capabilities and integrations. Additional communication standards may be used such as SAE Vehicle communications standards (such as J1708/1939), Bluetooth, USB, etc. J. The fareboxes and/or DCUs shall have Wi-Fi capabilities for communications with the back office while in the garage. K. The farebox and DCU shall connect to the mobile access router via Ethernet. CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services L. The farebox and DCU shall connect with onboard mobile network to access the back-office system. 7. Standards A. Contractor shall comply with all applicable standards, including federal, state, and local, along with federal ADA requirements and industry standards for the fareboxes and their installation and maintenance. B. All Contractor provided equipment shall be free from safety hazards and shall be designed to comply with relevant Underwriter's Laboratory (UL) Standards. All interior and exterior surfaces shall be free from sharp edges, protrusions, exposed wires, or other hazards. C. Contractor shall design the System to be compliant with relevant standards, laws, and regulations to ensure that the System: a. Presents no safety hazards for customers and Collier Area Transit employees. b. Shall withstand the rigors of the environments in which the equipment shall be installed, and the public use to which it shall be subjected. c. Provides for the secure storage and transmittal of data. d. Is designed using state-of-the-art methods to maximize quality. e. Satisfies federal, state, and other requirements for ergonomics and usability. D. Applicable codes, laws, ordinances, statutes, standards, rules, and regulations include, but are not be limited to, the list below. The latest revisions in effect at the time of Final System Acceptance shall apply. a. Americans with Disabilities Act(ADA) b. Americans with Disabilities Act Accessibility Guidelines (ADAAG) c. Advanced Encryption Standard d. AN Contractor X9.24, Financial Services Retail Key Management e. European Norm EN55022, Emissions standards for CE marking f. European Norm EN55024, Immunity standards for CE marking g. FCC Part 15 Class B—Radio Frequency Devices h. FIPS 140-2 i. IEEE 802.11 a/b/g/n standard for wireless data communications j. IEEE 802.11 i standard for wireless data network security k. IEEE 802.11-2016 I. International Electrotechnical Commission Standard 529 (IEC529) m. ISO 9001 n. National Electrical Code (NFPA 70) o. National Electrical Manufacturers Association Publication 250-2003 p. National Electrical Safety Code (AN Contractor C2) q. National Fire Protection Association (NFPA) 130 r. Occupational Safety and Health Administration (OSHA) s. Society of Automotive Engineers SAE J1113-13 Electrostatic Discharge t. Society of Automotive Engineers SAE J1455 Vibration and Shock u. UL Standard 60950, "Information Technology Equipment—Safety" E. In the case of conflict between the provisions of codes, laws,ordinances, statutes, standards, rules, and regulations, the more stringent requirement shall apply. 8. Testing A. Contractor shall develop a Testing Plan for the entire project. The Testing Plan should address each level of testing and be incorporated into the design reviews. The Testing Plan should include device and network integration testing as part of component development following an Agile CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services software development lifecycle. The successful completion of the applicable design reviews shall be a prerequisite to proceeding with testing. Contractor shall submit a Testing Plan for Collier Area Transit 's review and acceptance, to be used in connection with all inspections and tests. The Testing Plan shall include a detailed schedule indicating the sequence of each test and where and when each test shall take place. B. All system components and subsystems shall be tested individually and in integrated environments to make sure that they meet all technical and functional capabilities in the specifications. C. Sixty (60) days prior to the commencement of testing, Contractor shall deliver a final test plan to Collier Area Transit for review; modification, if necessary; and approval. D. Contractor shall be responsible for a test plan which shall be approved by Collier Area Transit.Test phases shall include factory testing of the on-board equipment, integration testing in both lab and field environments and acceptance testing. The final system acceptance tests shall begin on full system launch and last for at least six months until final system acceptance is granted. E. All tests and inspections shall be documented by Contractor and monitored and signed off by Collier Area Transit or their representatives. F. Testing shall consist of two phases, Unit Testing and Integration Testing. G. The purpose of unit testing is to demonstrate in a controlled laboratory environment that each of the system components and associated software furnished by Contractor meets all capabilities through final design, prior to full system integration. Successful completion of component-level software development, and demonstration of production equipment on Collier Area Transit premises are prerequisites. H. Unit testing shall include the following phases or their equivalents: a. First Article Inspection - First production unit b. Factory Acceptance Testing- Human interface and environmental requirements c. Production Acceptance- Production unit properly constructed. d. Functional Unit Testing - Each component in a lab I. When unit testing has been successfully completed, Contractor shall conduct integration testing in which all devices and back-office applications are exercised. Integration testing is needed to confirm that when installed, the fully integrated system shall perform, operate, and communicate as required in a controlled laboratory environment. a. With successful completion and approval of integration testing, all software and configuration files shall be"frozen," and Contractor shall make no changes without Collier Area Transit authorization. Upon Collier Area Transit approval, field testing of the system components may commence. J. Integration testing shall include the following phases or their equivalents: a. System Integration Testing- Integrated system in lab b. Field Integration Testing - Integrated system in field c. Pilot Testing-Test installed equipment in operation d. Acceptance Testing -Acceptance of the system following launch. K. Contractor shall conduct all field testing, including beta, friendly user and soft rollout using the production system. L. Acceptance testing is the final phase of testing. Acceptance testing will be performed in the production environment with all components, subsystems, and third-party networks completely functional, operational, online, and in service. Following the completion of any acceptance testing, CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services Contractor shall provide all testing data,reports,and other testing information to Collier Area Transit for review and approval. M. The pilot shall not commence until Field Integration Testing (FIT) has been approved. Pilot testing can commence before installation is complete. N. The pilot shall continue for its scheduled duration unless a critical failure or failures cause suspension of the pilot. When a critical failure has been resolved, the pilot shall resume for a duration determined by Collier Area Transit. O. System Acceptance Test(SAT)shall commence upon successful completion of the pilot and 100% of the field equipment has been installed. SAT shall be comprised of three consecutive 30-day periods in which all system components must meet or exceed all system performance requirements. The acceptance test plan shall describe in detail how Contractor shall measure and report on each of the performance requirements throughout System Acceptance Test(SAT). P. If the performance requirements defined in these specifications are not attained during any one of the 30-day periods, the System Acceptance Test (SAT) duration may be extended until all performance requirements are met during an agreed-upon duration. Q. Contractor shall be responsible to maintain a complete log of all First Article Tests conducted under this Article, showing each test conducted and results. This log shall be submitted to Collier Area Transit at conclusion of the First Article Test for review and approval. Results not meeting specification requirements are to be fully documented and explained by the Contractor and a plan for corrective action submitted. Collier Area Transit may delay delivery of any equipment until First Article Test procedures are successfully completed and documented. R. Functional Test a. The purpose of this test is to demonstrate that for each item of equipment the functions specified throughout this document, including all limiting conditions, are met. Each equipment shall be required to execute all hardware and software functions, as detailed in these specifications, and meet the performance criteria requirements. The procedures for handling maintenance (troubleshooting, fixing faults, etc.) and service functions (replacing paper, emptying cashboxes, extracting data, etc.) shall also be demonstrated. b. Each test conducted shall be repeated a minimum of three times prior to confirming success or failure. Each equipment shall have passed the functional test before the environmental tests are started. c. The contractor shall be responsible for developing a functional test procedure that satisfactorily demonstrates all equipment functions, including Ethernet or J-1708/1587 compliance, and shall submit this test procedure to Collier Area Transit for approval at the Final Design Review. S. Maintainability Test a. The contractor shall conduct a maintainability test of the equipment. The purpose of this test is to demonstrate that each of the equipment types tested conforms to the specified maintainability requirements. This will be accomplished by introducing faults into the equipment and then measuring the time required for a technician to correct the fault. b. At the Final Design Review the Contractor shall submit to Collier Area Transit a list of the faults to be introduced into the equipment. The list of faults shall represent at least 100 known failure mode for each unit of equipment. Next to each fault, the contractor shall CAO 166 2 RFP #23-8166 Exhibit A Scope of Services identify a reasonable time limit for repair performed by an average technician, based on field experience with the equipment. Collier Area Transit must approve this list prior to conducting the maintainability test. c. The test shall be conducted in the following steps: i. The contractor shall provide multiple units of each type of equipment and introduce failed components, maladjustments, and incorrect settings into the equipment.The simulated failures shall be introduced in proportion to their expected failure rate. ii. The contractor's maintenance personnel shall be unaware of the simulated failures and shall be assigned to repair the equipment. iii. The repair times shall be recorded and compared with the advance list provided by the contractor. iv. All results will be reviewed by Collier Area Transit. T. Equipment Interface Test a. The Contractor shall perform the Equipment Interface Test. The purpose of this test is to demonstrate that all units of fare collection equipment operate correctly together as a system and that all hardware, software and data transmission functions are as specified. b. One hundred fares, including a selection of pass,ticket, coin, and bill fares shall be entered into the fare collection system. The operations of the complete system shall then be demonstrated including: i. Exchange of data between the CAD/AVL system and the Farebox ii. Wi-Fi uploading of data to the base Computer system. iii. Comparison of transmitted data to actual data entered. iv. Reporting all data in fully transactional format, suitable for database reporting and summarization v. Emptying of the cashbox and operations of all related hardware functions U. Environmental Test a. Contractor shall provide certification to Collier Area Transit that all equipment has been subjected to environmental testing that proves the suitability of the system or subsystem to the environment in which it is intended to operate. This shall include temperature, vibration, shock, electromagnetic interference, and radiated electromagnetic energy. Contractor shall supply certification for these tests to include test protocols and procedures, actual test data documenting the appropriate tests performed on the equipment and having successfully tested the equipment in conditions that simulate or duplicate transit in-service conditions. The Contractor shall supply to Collier Area Transit the name, address and phone number of all testing facilities used to perform such testing. V. Installation and Acceptance Test a. Before any equipment is permitted to go into revenue service, a functional test shall be conducted on all installed equipment. This test shall be performed by the Contractor as part of the installation procedure. The installation acceptance test shall be a sequential operation of all fare collection and processing functions on board the bus. b. The Contractor shall submit a plan for the Installation Acceptance Test at the Final Design Review. Satisfactory performance of the installation acceptance tests shall be documented by the Contractor and approved by Collier Area Transit. W. Pilot Testing by Collier Area Transit • CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services a. At Final Design Review, Collier Area Transit will submit plans to conduct a Pilot installation acceptance test. b. An initial pilot test will consist first of a 'mini fleet', a Collier Area Transit approved quantity of installations, no less than 1 bus per vehicle series. c. Upon successful completion of the mini fleet test, all equipment including all fareboxes and associated equipment, as well as the Data System and the Central Computer System shall be installed and tested at that location. d. Determination of the administration, schedule, duration, acceptance criteria, and actions upon failure for the pilot test will be made by Collier Area Transit and the Contractor at Final Design Review. e. Equipment shall be tested by Collier Area Transit to ensure that it is compliant with the specifications and performs in an acceptable manger. f. After successful completion of the'mini-fleet'test,the Contractor will be given clearance to begin installation of the remaining buses at the pilot division. g. Upon successful completion of testing at the pilot division, the Contractor will be given clearance to begin installation and testing at the next division. h. Failure at any level during the pilot test will require the Contractor to make corrections or adjustments to the equipment, after which pilot testing will start over. i. Payments tied to pilot testing will be withheld until successful completion of testing. j. Contractor shall be required to complete all training at the division prior to initiation of acceptance testing. X. Final Acceptance a. Final Acceptance will occur upon acceptance by Collier Area Transit of all critical items, including but not limited to Collier Area Transit verified successful operations of all delivered farebox equipment, Collier Area Transit approved documentation, and training. Collier Area Transit approved acceptance criteria will be defined by the time of Final Design Review. 9. Installation A. Contractor shall be responsible for installation of all components of the system including fareboxes and revenue collection equipment used for probing and vaulting in the garages. The Contractor shall be responsible for removal and disposition of old farebox and revenue handling equipment. Disposal of equipment shall be completed per COLLIER AREA TRANSIT guidelines. The prototypes for each fleet type and the design for installation of garage equipment shall be approved in design review. Installation documents shall be developed for each vehicle type and shall be approved prior to start of installation. Documentation shall include wiring diagrams, location of components,hardware used for installation, process for installation, schedule for installation.These designs do not include the preconstructed pad or cable connections which will be provided to Contractor. B. Contractor shall prototype installations for on board equipment installations for all fleet types. C. Contractor shall specify,following prototyping, the physical interfaces for network communications CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services and power for on board equipment for all fleet types. Commonality is desirable. D. Contractor shall be responsible for supplying any custom hardware required for on board equipment installation for all fleet types in sufficient quantities to install readers on all vehicles. E. Contractor shall provide a Draft Installation Plan for review and approval at the Farebox Preliminary Design review. Contractor shall submit the Final Installation Plan for COLLIER AREA TRANSIT approval at the Farebox Final Design Review. F. This Plan shall include, but not limited to the following: a. Identification of required pit space and work area. b. Service requirements to support the installation rate. c. Placement of all farebox system equipment on the bus d. Drawings for each bus class e. Schematics for system and for bus interface and any connections f. Detail handrail modification for each bus type as required. g. Detail wiring location, size, identification, and clamping h. Detail power pick up location and circuit breaker locations i. Detail cabling requirements j. Detail repair method of existing farebox mounting and cable holes. This method shall ensure the repaired area is impervious to entry of water, fuel, other contaminants. k. An installation test procedure for ensuring all functions,tickets,vaulting, cashbox operation operate correctly prior to acceptance for revenue service. I. Process for removal of old farebox and revenue handling equipment m. Process for disposition of old farebox and revenue handling equipment n. Installation process o. Process to ensure proper bus numbers, lock codes, fare tables and other information as required is downloaded prior to release for revenue service. G. Contractor shall utilize existing DC electrical power available on Collier Area Transit vehicles and AC electrical power on the property. Contractor shall supply any electrical equipment necessary to utilize existing voltages. If existing power arrangements are unsatisfactory, Contractor must propose alterations. At minimum, Collier Area Transit will supply a 120 VAC, 60 Hz power source within 200 feet of the Revenue Collection System. Contractor to use solder and heat shrink insulation for all wire connections. H. Contractor shall provide a description of proposed installation plans by class of vehicle at the Farebox Preliminary Design Review for approval,which in general shall be in the same location as the previous farebox. Contractor shall provide a complete description of the final installation plan for each class of vehicle, including descriptive drawings, location of drilled holes, power feeds, and data feeds at the Farebox Final Design Review I. The plan shall include provisions for parallel fare collection process to support the existing system until the installation is completed. This shall include a method for handling individual vehicle and garage operations as well as full system support of both the present and newly installed system. J. It is incumbent upon Contractor to identify at the farebox Preliminary Design Review (FPDR) and to confirm at the Farebox Final Design Review (FFDR) any requirement to relocate, reposition, remove, or otherwise modify vehicle handrails, or equipment to accommodate installation of the farebox equipment. Contractor shall inspect a sampling of each vehicle type to verify the capability of the vehicle flooring and structure to support the farebox installation and shall advise Collier Area Transit if changes are required as part of the FPDR and FFDR submittal. The information to be supplied at farebox FPDR and FFDR shall assume that the bus flooring and structure shall be the same for all vehicles of the same type as was determined during the inspection. If during the farebox installation the Contractor find this is not the case, the Contractor shall notify Collier Area Transit CAO 1 6 g 2 RFP #23-8166 Exhibit A Scope of Services and request that Collier Area Transit take appropriate remediation action to allow the farebox to be installed Collier Area Transit shall assume all responsibility for the cost, material, and labor to accomplish the work specified by the Contractor supplied installation plan. Contractor shall be responsible for the cost, material, and labor to modify vehicle handrails, or equipment structure not so identified in the Contractor supplied installation plan. K. Contractor shall supply and install all the necessary wiring, protective devices, and mounting hardware necessary for the proper installation and operation of the fareboxes. Wiring shall be between the farebox and the electrical circuit described in Section 3.6.5.a. All new undercarriage wiring shall be installed in conduit and suitably protected against the road elements. All wiring and conduit shall be fastened in a manner so as not to interfere with normal bus operation and maintenance. No"butt connectors" or other splices shall be permitted under the bus flooring. L. Every power lead must be fused at the beginning with the same type of circuit breaker that the bus already uses. M. The standard farebox mounting shall provide a secure maintenance• free method to secure the farebox and associated fare collection equipment to the vehicle structure. The system employed must ensure the security of the unit and must provide adequate stability and restraint to ensure the components, at maximum weight, shall remain affixed to the mounting location under circumstances of a lateral force of 4g in any direction. N. Collier Area Transit will ensure a protected electrical circuit of the specified voltage and rating is made available on each bus at the location(s) specified by the Contractor installation plan. If Contractor does not provide such information in the installation plan, the Contractor shall have the responsibility to install a protected electrical circuit to the designated location at no cost to Collier Area Transit. Collier Area Transit will be responsible to ensure the power service is reliable and free of interruption or variation in excess of the specification. This power service shall include a grounded lead with both ground and power wires enclosed in flexible conduit to provide protection from the elements. O. Contractor shall fill out Collier Area Transit Disposal Form to record the equipment and associated data that is being disposed. 10. Training A. Contractor shall provide training for the fareboxes and for their maintenance. Collier Area Transit maintenance staff shall be trained to operate and maintain the fareboxes through a train-the-trainer model for operations, and by classroom type training for the maintenance team. Contractor shall provide an option for annual training for the fleet maintenance staff. Training costs shall be all inclusive. B. Contractor shall provide complete operating and maintenance manuals. Contractor will submit a plan for conducting training that meets Collier Area Transit requirements. C. Contractor shall provide a comprehensive program to educate and train personnel in all details of the System, enabling them to properly operate, service, and maintain the system and each of its components throughout its useful life. D. The project training program shall be based on Contractor's established standard training courses modified as required to reflect Collier Area Transit's installed system. Training shall include course development, the providing of instructors, the supply of handouts and manuals, the preparation of classroom aids, and all other items as required to satisfactorily prepare personnel to operate Contractor supplied fare collection system. CAO 1 6 g 2 RFP #23-8166 Exhibit A Scope of Services E. Contractor shall develop and submit for Collier Area Transit review and approval a Training Plan that documents the design of the program for training personnel and each course to be delivered. F. Contractor shall be responsible for directly training the maintenance staff: Mechanics, Trainer, Supervisor, IT Staff, Operations staff, and Finance team. G. For additional areas, Contractor shall be responsible for training Collier Area Transit trainers. Additional courses include: a. Driver Training b. Revenue Collection Training c. Reporting Training d. Superuser Training e. Admin Training H. The initial training courses shall include Collier Area Transit trainers and Contractor shall supply sufficient additional training and materials for the trainers to allow the trainers to provide future training. I. Contractor shall provide pricing for additional training courses to be offered throughout the life of the agreement as requested by Collier Area Transit. J. The Training Plan shall include a schedule for delivery of the training courses. The schedule shall consider the sequence of training, hours of instruction, system readiness and proximity to startup, trainee availability, and venue for the training. K. Contractor shall provide all necessary training materials and equipment for the delivery of each course (including train-the-trainer) discussed in the Training Plan. Training documentation shall be separate from the operation and maintenance manuals but may reference them. L. Contractor shall provide instruction manuals that describe and illustrate in detail how to manage, operate, and maintain the System delivered under the contract. The manuals shall include detailed documentation for all equipment, systems and software. M. Disaster recovery procedures shall be clearly specified in sufficient detail to consider all possible scenarios. Recovery instructions shall describe detailed procedures to be followed in the event that system recovery is needed. Detailed data backup and recovery procedures shall be provided. 11. Operations and Maintenance A. Contractor shall warrant the system to be free of defects for 60 months commencing with system acceptance. Following the warranty, Contractor shall provide ongoing software maintenance with a System Maintenance Agreement that provides for credits to the maintenance fee if agreed service levels are not achieved. Contractor shall provide all PM schedules, parts manuals, maintenance manuals, and user manuals for the equipment. B. The Contractor shall warrant to Collier Area Transit that all of the equipment furnished under the procurement shall be free from defects in material and workmanship under normal operating use and service. C. The Contractor shall provide such a Warranty beginning at the time of final acceptance of the system and continuing for a period of five (5)years on all equipment. D. The Warranty shall cover all parts and labor costs during the Warranty period. E. The warranty shall cover the following: CAO 6B 2 RFP #23-8166 Exhibit A Scope of Services a. Repair or replacement of all equipment or systems required as a result of an identified hardware defect. b. Software updates or re-writes required to repair all identified software defects or bugs and apply all necessary patches or security updates released by the Contractor or third- party software providers throughout the term of the warranty. c. All labor associated with hardware and software testing and deployment, both in the lab and field environments, needed to support warranty activities. F. The Contractor shall also agree to repair or replace hardware, during the period of this Warranty, without expense to Collier Area Transit, any and all parts which may be damaged due to defects in, or failure of such parts or of any other part or parts of the equipment furnished under the Procurement. G. Collier Area Transit shall maintain the equipment in accordance with the Contractor's instructions in order to maintain this Warranty, and the Contractor shall be responsible for all shipping charges. H. The Contractor shall be solely responsible for all materials and workmanship, including all specialties and accessories, whether manufactured by it or others, used in the construction of the fare collection system and for adequate installation and connection of all equipment, accessories, specialties, and components. Under no condition shall Contractor delegate this responsibility to suppliers or other sources. I. Any apparatus, device or material which experiences an "item" failure during the warranty period shall be brought to the attention of the Contractor by Collier Area Transit at the conclusion of the first year but prior to the expiration of the Warranty. The Contractor shall be required to repair or replace the apparatus, device or material (at his determination of the problem and its cause) at no expense to Collier Area Transit. J. Should a "fleet defect" occur during the warranty, the Contractor may be required by Collier Area Transit to extend the Warranty on that item or class of equipment until the fleet defect problem has been eliminated. A fleet defect shall be defined as a defect, failure or malfunction that affects 5% or more of any class of equipment delivered under this contract, or a systematic defect in the data system, software, several receivers or other subsystem,that affects the ability of the fare collection system to achieve its intended purpose. The determination of a "fleet defect" shall be by Collier Area Transit and shall assume that all equipment within its respective category has these defects and shall ultimately experience these same failures. K. In the event the Contractor fails to comply within ten working days to a request by Collier Area Transit to repair, replace or correct damaged or defective work, materials, specialties, equipment and accessories, Collier Area Transit shall, upon written notice to the Contractor, have authority to deduct the cost of labor and material incurred by Collier Area Transit itself in making such repairs from any compensation due or to become due the Contractor. In the event the Contractor has been paid, the Contractor agrees to reimburse Collier Area Transit for the cost thereof. L. It is understood, however, that the said Warranty or Guarantee will not apply to any equipment which has been repaired or altered without the knowledge or consent of the Contractor and which repair or altering affected its stability and/or reliability; nor will said Warranty or Guarantee apply if the equipment has been subjected to other than normal use under conditions which prevail in Collier Area Transit service. The burden of proof for any negligence on the part of Collier Area Transit shall rest with the Contractor. Temperature, humidity, bus vibration and ambient electric conditions shall be considered normal operating conditions for this equipment. The Warranty shall not cover the replacement and maintenance items (such as light bulbs) made in connection with normal maintenance service. M. Collier Area Transit does reserve the right to perform 'hot swaps', the exchange of faulty CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services components, subassemblies,or equipment,for working components, subassemblies,or equipment into Farebox equipment by qualified Collier Area Transit staff at the Contractor's consent and expense during the warranty period. N. In event of a "fleet defect" labor to exchange faulty components, subassemblies or equipment and the shipping costs to return such items to a service location nominated by the Contractor for repair or replacement as provided here shall be at the expense of the Contractor. The shipping costs, including packing and insurance, to ship repaired or replaced items to Collier Area Transit shall be at the expense of the Contractor. O. Contractor guarantees that stock of replacement parts for the system, and all components thereof, will be available for a period of not less than 15 years after the date of acceptance of the completed system under this contract by Collier Area Transit. P. The above warranties are in addition to any statutory implied warranties or remedies imposed on the Contractor. Q. Contractor shall warrant that all of the software provided for the System by Contractor and Contractor-contracted suppliers, shall be free from defects under normal operating use. R. Prior to the start of the System Maintenance Agreement, all software maintenance activities shall be covered under warranty. S. All software maintenance performed under warranty shall comply with Collier Area Transit - approved software maintenance and quality assurance procedures. T. The warranty shall cover software updates or re-writes required to repair all identified software defects or bugs, and apply all necessary patches or security updates released by the Contractor or third-party software providers throughout the term of the warranty. U. As part of Final Design Review(FDR), Contractor shall develop and submit for Collier Area Transit review a draft warranty plan outlining processes and procedures to be implemented to meet all specified warranty requirements. A final version shall be provided a minimum of 90 calendar days prior to the start of the warranty term. V. Contractor shall replace new any device, component or subsystem that has been repaired three (3) times for the same failure within the warranty period. W. Collier Area Transit shall be responsible for field checking equipment, including ensuring that power and network connections are operational. If the equipment still fails, they shall replace it with a spare and send it to the Contractor for repair or replacement. There shall be a service level agreement (SLA)to cover turnaround times for the equipment to be repaired or replaced. X. Contractor and Collier Area Transit shall enter into a System Maintenance Agreement, or SMA which shall take effect immediately following the end of the warranty period. For a set annual fee, Contractor shall maintain the system to an agreed upon Service Level. Any failure to meet the Service Level Agreement will result in a credit from Contractor to Collier Area Transit for maintenance fees. Y. Performance of software maintenance activities shall be completed in a manner that does not disrupt or degrade system operations, to the fullest extent possible. Z. Software updates shall be clearly documented and submitted in advance of deployment for Collier Area Transit review and approval. CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services AA. During the warranty and SMA terms, Contractor shall provide updated course instruction and materials resulting from any significant system software changes. BB.The Contractor shall keep all software environments (training, test, development, staging, and production) at the same configuration and version level unless otherwise approved by the Agency PM. CC.Contractor shall notify Collier Area Transit whenever corrections, modifications or revisions of system software are available. DD.As standard practice when repairing deficiencies and releasing device or back-office system fixes or upgrades, Contractor shall prepare and run regression testing scripts to test that each software release delivered to the test environment does not result in any issues with the devices and systems currently in operation, including those that are not being updated. Any regression issues shall be documented as deficiencies and resolved accordingly. EE.During the lifecycte of the fareboxes, Collier Area Transit may identify enhancements required to improve the functionality of the System, improve performance, and comply with updated standards or newly identified Agency requirements. The Contractor shall maintain the capability to design, develop, and test these changes throughout the life of the contract. At the request of Collier Area Transit, The Contractor shall propose and then with Collier Area Transit 's approval modify the System software as necessary to meet COLLIER AREA TRANSIT 's requirements. FF. Contractor shall provide to Collier Area Transit all support required to develop and deploy such enhancements at the Contractor's labor rates specified in the price schedule. GG. Contractor shall be responsible for maintaining the System's compliance with all required security standards and controls. HH.Contractor shall be responsible for maintaining the Collier Area Transit test facility and test environment for the duration of the contract. II. Contractor shall provide pricing for all system parts, down to the Lowest Replaceable Component, good for the life of the contract. JJ. For fifteen (15) years after delivery and Final Acceptance of the fare collection system, Contractor shall maintain an adequate inventory of spare parts for all the equipment furnished under this contract. In situations where part or component is no longer available, Contractor shall identify a compatible replacement solution. The replacement solution shall represent the most cost-effective approach that retains the overall functionality of the affected part or component and shall include instructions as appropriate to support the implementation of the replacement solutions. Therefore, the replacement solution may not be a form, fit, and function one-to-one replacement of the originally delivered part or component. Contractor shall ensure that a sufficient number of original components are available through the base warranty. KK.Collier Area Transit anticipates performing all levels of maintenance, preventative, field repair, shop-level, and overhauls to all equipment in the fare collection system. Shop level repairs include repairs to the Lowest Replaceable Component(LRC) level as defined by Contractor.A component is considered to be the lowest replaceable item, such as on a printed circuit board. LL. Contractor shall maintain internal controls to ensure the security of the region's assets and to avoid and detect fraud and theft. MM. Contractor shall be responsible for maintaining the System's fraud control capabilities for the duration of the contract. CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services NN.Contractor shall develop a Disaster Recovery Plan, identifying a set of procedures to recover the System in the event of an unforeseen event that causes a disruption of service. A draft plan shall be submitted for Collier Area Transit's review for Preliminary Design Review(PDR).A revised plan shall be submitted for Collier Area Transit's review and approval for FDR. 00. Contractor shall maintain the Disaster Recovery Plan for the duration of the contract. PP.Disaster recovery procedures shall be clearly specified in sufficient detail to consider all possible scenarios. Recovery instructions shall describe detailed procedures to be followed in the event that system recovery is needed. Detailed data backup and recovery procedures shall be provided. QQ. System performance shall be measured using the data generated and stored by the System. Contractor shall automate data capture and KPI calculation to the maximum extent possible. Data generated manually shall be used when it is the only option for tracking an activity associated with a particular KPI. RR.For validation purposes, Collier Area Transit shall have full access to the source data and code used to perform the calculation. SS.Contractor shall submit a Performance Measurement Plan for Collier Area Transit 's review and approval during design review identifying the approach to measuring and reporting on performance against KPIs. TT. Contractor shall measure and report Key Performance Indicators (KPIs), specified herein, starting no later than commencement of revenue service. These KPIs shall be used as the primary criteria for evaluating system performance during the System Acceptance Test(SAT) and granting of Final System Acceptance. UU.A subset of the KPIs shall be measured and reported by Contractor throughout the operations and maintenance agreement(s). Failure to meet these requirements at any time following Final System Acceptance shall result in a credit being granted against the monthly operations payments made to Contractor. VV.Farebox accuracy shall be determined by comparing both the quantity and value (where available) of transactions generated by the devices, as recorded within the device audit registers, to those received by the back office: VVW.Equipment Accuracy = (Equipment Audit Register Transaction Count - Back Office Transaction Count)/Equipment Audit Register Transaction Count XX.Equipment Accuracy = (Equipment Audit Register Transaction Value - Back Office Transaction Value)/Equipment Audit Register Transaction Value YY. Both the transaction count and value calculations (where applicable) for all Fareboxes frontend devices must meet or exceed an accuracy of 99.99% in order to pass. ZZ. Back-office accuracy shall be based on the number of incidents where a device or back office generated transaction is recorded incorrectly within the associated system. AAA. Performance shall only be measured for those applications for which Contractor is responsible. BBB. Availability is a measure of the time that a component is operational and available for its intended use (e.g., uptime). Since availability is dependent not only on a component's performance (e.g., reliability), but also the time to respond to and repair an issue, availability can only be measured for the parts of the System that Contractor is responsible for maintaining, which is to say, the CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services back-office applications. CCC. Frontend device accuracy shall be determined by comparing both the quantity and value (where available)of transactions generated by the devices, as recorded within the device audit registers, to those received by the Farebox: DDD. Equipment Accuracy = (Equipment Audit Register Transaction Count- Back Office Transaction Count) /Equipment Audit Register Transaction Count EEE. Equipment Accuracy = (Equipment Audit Register Transaction Value - Back Office Transaction Value) /Equipment Audit Register Transaction Value FFF. Both the transaction count and value calculations (where applicable) for all Fareboxes frontend devices must meet or exceed an accuracy of 99.99% in order to pass. GGG.Contractor shall be responsible for reporting on performance against all KPIs on a monthly basis. HHH.At a minimum, the following reports shall be provided: a. Device reliability b. Device accuracy c. Device availability d. Back-office accuracy e. Back-office availability III. Failure of a Contractor-chargeable software KPI to meet the defined performance requirement shall result in a monetary credit being granted by Contractor to Collier Area Transit. Hardware reliability KPIs shall be excluded from the credit assessment. JJJ. Credits shall be determined as a percentage of the operations payments made to the Contractor. The credit percentage and operations payment associated with each KPI shall be determined during negotiations. KKK. Contractor shall be responsible for reporting on credits in the System performance reports and shall deduct credits directly from any invoices submitted to the Agency. 12. Documentation A. The Contractor shall provide samples of all of the following documents for approval by CAT Transit 60 days before delivery of the fareboxes. Final acceptance of the system shall not take place until the Contractor has received approval of all of these documents: a. Farebox Maintenance Manuals b. Farebox Operations Manuals c. Vault Manuals d. Security Manuals e. Hosted Computer System Operations Manuals f. Hosted Computer System Data Dictionary g. Hosted Computer System Manuals Maintenance 13. Maintenance Agreement A. The Contractor will present options for maintenance and support of the entire fare collection system: a. For a period of up to 5 years, commencing after completion of system implementation. b. The proposed options shall include, but are not limited to: i. On-Call maintenance support CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services ii. Patch/update installations iii. Base Computer system updates iv. Parts and parts availability v. Communications 14. Project Management A. Contractor shall provide project management services to support the design and installation of the fareboxes. The Contractor's plan for managing the project shall include the coordination and management of the installation, testing and commissioning, including a project schedule, and any other tools necessary to manage tasks, schedule, risks, change and any other project-related activities. B. Time is of the essence for this project. Contractor shall propose a date for full installation and operation given the timeline presented. C. Contractor shall provide a robust project management team and project management plan to support completion of the project. The Contractor's plan for managing the project shall clearly demonstrate an appropriate allocation of project management resources that have the ability and experience to ensure that system design and implementation shall be properly coordinated and managed and shall be completed on schedule and within budget. Contractor shall provide tools to manage tasks, schedule, risk, change, and the other items listed in this section that are required to manage the project. D. Contractor shall submit a Project Management Plan (PMP) shortly following Notice to Proceed (NTP) that details at a minimum project organization, master schedule, and how project scope, cost, risk, quality, project changes, safety, and other key aspects of the project shall be managed by Contractor. E. The Project Management Plan (PMP) shall include but is not limited to the following elements: a. Organization chart identifying key project personnel and contact information, including installation management team. b. Project Schedule, identifying key project milestones and activities. c. Schedule for all project design and development elements that require Collier Area Transit 's approval. d. Project meetings and schedule for recurring meetings e. Methodology to control project schedule, scope, cost, and risk f. Risk management plan and risk register, including identified project risks and actions required to mitigate them. g. Transition and change management processes and procedures h. Safety processes and procedures i. Quality assurance processes and procedures to confirm that the requirements of the contract are being met. j. Subcontractor management and communications k. Document and Master Issues List (MIL) control processes and procedures, including version and traceability controls. I. Change management plan and procedures for all deliverables and subsequent revisions m. Cost management F. As part of the Program Management plan, Contractor shall create and maintain a Project Schedule for executing the work for this Contract. Contractor shall generate the Project Schedule using Microsoft Project Professional or similar.The Project Schedule shall conform to the Scope of Work and to schedule and delivery requirements set forth in the Terms and Conditions of this Contract. G. The Project Schedule shall contain at a minimum the following elements and milestones: +CAO 1 6B 2 RFP #23-8166 Exhibit A Scope of Services a. Design b. Design Review c. Testing d. Prototyping e. Acceptance of prototypes f. Field integration testing g. Installation of fareboxes h. Acceptance testing i. Training j. Go Live k. System acceptance H. Contractor shall set a baseline upon initial acceptance of the Project Schedule and shall update the schedule according to actual progress no less than weekly. I. Contractor shall provide Collier Area Transit with a copy of the Project Schedule. J. Contractor shall conduct two design reviews for the system: Preliminary Design Review(PDR), and Final Design Review(FDR). K. Preliminary design review activities shall include the following: a. Contractor shall submit preliminary design review(PDR) design documents to Collier Area Transit for review. b. Preliminary design review meeting(s) shall be held with Contractor where Contractor shall explain the design and Collier Area Transit shall confirm and provide feedback on the information. c. Where possible, issues shall be resolved during the design review meetings. d. If necessary, Contractor shall re-submit updated PDR documents for Collier Area Transit review and approval that incorporate needed changes identified during the reviews. L. At a minimum, the Preliminary Design Review shall include: a. Detailed technical descriptions of the farebox system major components, allowing a thorough understanding of the implementation of the proposed System Components b. Preliminary layouts for all System Components, c. Drawing of passenger interface arrangements d. Preliminary installation layouts for farebox, garage and office equipment. e. Mounting arrangements and installation methods f. Single line power diagrams, control schematics, and functional block diagrams for each subsystem, including a functional overview. g. A description of how each System Component, sub-system, or sub-component down to the lowest field replacement unit goes into limited operating condition. h. List of special tools and Diagnostic and Test Equipment(DTE) for each subsystem i. List and description of all person machine interfaces j. Software system level flow charts k. Software data backup and recovery procedures I. Software design descriptions (top level of software documentation) for all programmable System Components supplied under this Agreement and Specifications m. Software version control system M. Final design review(FDR) activities shall include the following: a. Contractor shall develop and submit FDR design documents to Collier Area Transit for review that document additional design details and address all remaining design decisions. b. Final design review meeting(s) shall be held with the Contractor where Contractor shall explain the final design. c. Where possible, any remaining issues shall be resolved during the design review meetings. CAO 16B 2 RFP #23-8166 Exhibit A Scope of Services d. If necessary, Contractor shall re-submit updated FDR documents for Collier Area Transit review and approval that incorporate needed changes identified during the reviews. N. FDR shall include but not be limited to the following: a. Latest revisions of the drawings and documentation submitted for the FPDR. b. Assembly drawings down to the LLRU level c. Software documentation at the second level, including all software development documentation available or used in Contractor's design process, consisting of structured data flow diagrams,event tables and/or dialogue diagrams(as available)to the lowest level of decomposition with software module descriptions (or elemental process descriptions) in structured narrative format. The second level of software documentation is one level above source code. d. Shutdown and startup sequences e. Electrical schematic drawings,down to the individual signal or wire level,for each electrical circuit f. Software flow charts or structure charts that give an overview of the processor software. g. Demonstrate completed algorithms expressed in program design language or pseudo code. h. Input data definitions i. Output data definitions j. Interrupt structure definition k. Program parameters I. Diagnostic routines for processor self-test and subsystem self-test m. Error handling routines n. Data Dictionary for all program, data storage and data staging database entities o. Final installation plan and drawings p. A complete parts list, down to the Lowest Replaceable component, including OEM part numbers. q. Testing and Cutover Plan 15. Documentation A. The Contractor shall provide samples of all the following documents for approval by Collier Area Transit 60 days before delivery of the fareboxes. Final acceptance of the system shall not take place until the Contractor has received approval of all these documents. a. Farebox Maintenance Manuals b. Farebox Operations Manuals c. Vault Manuals d. Security Manuals e. Hosted Computer System Operations Manuals f. Hosted Computer System Data Dictionary g. Hosted Computer System Manuals Maintenance 16. Vouchers A. Currently CAT sales one-way fares as a voucher to agencies and or anyone who is interested in purchasing in bulk, the contractor shall describe how the system will allow for the sale of one-way fares and open day pass (not requiring the use of the day pass the day it was purchase). 17. Fleet The following is a tabulation of the current fleet within the Collier Area Transit Fixed Route System that will require Farebox installation. CAO 1 6 f3 2 RFP #23-8166 Exhibit A Scope of Services Number of Manufacturer/Model Buses 11 Gillig 30' 12 Gillig 35' 4 Gillig 40' 1 Freightliner 30' / Legacy 2 Hometown TrolliesNillagers 30 Total cAO 16B 2 Exhibit B Fee Schedule following this page (containing 2 pages) Page 16 of 17 Fixed Term Service Agreement [2024_ver.3] (CAO 16B 2 EXHIBIT B FEE SCHEDULE Request for Proposal(RFP)#23-8166 Collier Area Transit Electrical Farebox Software and Implementation Description UOM Unit Price Back Office/Central System-SaaS Year I LS $12,617.58 Back Office/Central System-SaaS Year 2 LS $12,996.11 Back Office/Central System-SaaS Year 3 LS $13,385.99 Back Office/Central System-SaaS Year 4 LS $13,787.57 Back Office/Central System-SaaS Year 5 LS $14,201.20 Point of Sale Terminal Each $4,375.00 Wireless Local Area Network(LAN)Access Points and Data TransferSoftware Implementation Cost(Project Management, Design,Testing,Documentation,Install, LS $180,139.91 Training,Integration,Etc.) Integration cost payable to Equans LS : $14,375.00 Integration cost payable to Masabi LS $26,250.00 Pricing Escallation Equipment Implementation Year I Year 2 Year 3 Year 4 Year 5 Year 6 Description UOM Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Farebox Each $9,152.86 $9,152.86 $9,152.86 $9,152.86 $10,434.27 $11,060.33 $11,723.95 Ticket Printer Each $1,432.60 $1,432.60 $1,432.60 $1,432.60 $1,633.17 $1,731.17 $1,835.05 Test Bench Each $11,763.26 $11,763.26 $11,763.26 $11,763.26 $13,410.12 $14,214.73 $15,067.62 Fixed Vault Each $67,893.77 $67,893.77 $67,893.77 $67,893.77 $77,398.90 $82,042.84 $86,965.42 Portable Vault Each $3,553.30 $3,553.30 $3,553.30 $3,553.30 $4,050.77 $4,293.82 $4,551.45 Training Farebox Each $9,953.77 $9,953.77 $9,953.77 $9,953.77 $11,347.30 $12,028.14 $12,749.83 Farebox Spares Implemeotati MI Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Description UOM Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Touch Screen Each $232.78 $232.78 $232.78 $232.78 $265.37 $281.30 $298.18 Battery Each $12.68 $12.68 $12.68 $12.68 $14.46 $15.33 $16.25 PC Board-Connector Each $65.66 $65.66 $65.66 $65.66 $74.86 $79.36 $84.13 PC Board-Top Cover I/F Each $331.32 $331.32 $331.32 $331.32 $377.71 $400.38 $424.41 PC Board-Illumination Each $48.09 $48.09 $48.09 $48.09 $54.83 $58.12 $61.61 RFIDR/W Assy Each $184.00 $184.00 $184.00 $184.00 $209.76 $222.35 $235.70 CPU Board Assy Each $442.92 $442.92 $442.92 $442.92 $504.93 $535.23 $567.35 Key Assy Each $143.24 $143.24 $143.24 $143.24 $163.30 $173.10 $183.49 Bill Acceptor Each $849.16 $849.16 $849.16 $849.16 $968.05 $1,026.14 $1,087.71 Coin Acceptor Each $491.46 $491.46 $491.46 $491.46 $560.27 $593.89 $629.53 Controller Each $404.04 $404.04 $404.04 $404.04 $460.61 $488.25 $517.55 Power-Supply Unit Each $306.38 $306.38 $306.38 $306.38 $349.28 $370.24 $392.46 Connecting Base Each $231.62 $231.62 $231.62 $231.62 $264.05 $279.90 $296.70 Door Lock Each $122.46 $122.46 $122.46 $122.46 $139.61 $147.99 $156.87 Vault Spares Implementation Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Description UOM Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price RS232C-LAN Converter Each $820.00 $820.00 $820.00 $820.00 $934.80 $990.89 $1,050.35 PC Board-CONTROLLER Each $424.26 $424.26 $424.26 $424.26 $483.66 $512.68 $543.45 PC Board-DRIVER Each $90.21 $90.21 $90.21 $90.21 $102.84 $109.02 $115.57 PC Board-DISPLAY Each $70.84 $70.84 $70.84 $70.84 $80.76 $85.61 $90.75 PC BOARD-I/F CONVERTER Each $37.68 $37.68 $37.68 $37.68 $42.96 $45.54 $48.28 Access Card Activation Device Each $2,420.00 $2,420.00 $2,420.00 $2,420.00 $2,758.80 $2,924.33 $3,099.79 KEY Each $50.40 $50.40 $50.40 $50.40 $57.46 $60.91 $64.57 Consumables Implementation Year I Year 2 Year 3 Year 4 Year 5 Year 6 Description UOM Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Grease Each $168.28 $168.28 $168.28 $168.28 $191.84 $203.36 $215.57 Drysurt Each $312.42 $312.42 $312.42 $312.42 $356.16 $377.53 $400.19 PC Board-DRIVER Each $29.90 $29.90 $29.90 $29.90 $34.09 $36.14 $38.31 Farebox Extended Warranty and Implementation Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Technical Support(Year 2-5) Description UOM Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price • 16R 2 Extended Warranty,License and Technical Support LS N/A Included $5,958.22 $6,256.13 $6,568.94 $6,897.39 $7,242.26 Masabi Maintenance Fee Implementation Year I Year 2 Year 3 Year 4 Year 5 Year 6 Description UOM Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Unit Price Extended Warranty,License and Technical Monthly $1,000.00 $1,040.00 $1,081.60 $1,124.87 $1,169.87 $1,216.67 $1,265.34 Support Point of Sale Maintenance Fee-Qry 2 Monthly $700.00 $728.00 $757.12 $787.41 $818.91 $851.67 $885.74 0 16B 2 Other Exhibit/Attachment Description: Federal Contract Provisions and Assurances & Service Level Agreement n following this page (containing 57 pages) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement [2024_ver3] (c? 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL TRANSIT ADMINISTRATION CFDA 20.507(URBANIZED AREA FORMULA FUNDING) CFDA 20.526(BUS AND BUS FACILITIES PROGRAM) CONTRACTOR COMPLIANCE OVERVIEW AND REQUIREMENTS The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. Per uniform requirements of federal awards(2 CFR Part 200.23)the definition of CONTRACTOR is an entity that receives a contract. The services performed by the awarded Contractor shall follow all applicable grantor regulations/requirements, and additional requirements specified in this document. It shall be the awarded Contractor's responsibility to acquire and utilize the necessary manuals and guidelines that apply to the work required to complete this project. In general, 1) The contractor(including all subcontractors)must insert these contract provisions in each lower tier contracts (e.g. subcontract or sub-agreement); 2)The contractor(or subcontractor)must incorporate the applicable requirements of these contract provisions by reference for work done under any purchase orders, rental agreements and other agreements for supplies or services; 3) The prime contractor is responsible for compliance with these contract provisions by any subcontractor, lower-tier subcontractor or service provider. Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. § 1908, or otherwise set by law, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (Note that the simplified acquisition threshold determines the procurement procedures that must be employed pursuant to 2 C.F.R. §§ 200.317-200.327. The simplified acquisition threshold does not exempt a procurement from other eligibility or processes requirements that may apply. For example, Buy America's eligibility and process requirements apply to any procurement in excess of$150,000. 49 U.S.C. § 5323(j)(13). FCP-1 C40 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES APPLICABLE FTA PROVISIONS CONTRACT CLAUSE ASSURANCE ® 1. Access to Records and Reports ❑ 2. Americans with Disabilities Act ❑ 3. Bonding ❑ 4. Bus Testing Certification and Report ® 5. Buy America Certifications>$150K ® 6. Cargo Preference ® 7. Civil Rights Laws and Regulations(EEO,Title VI,&ADA) ® 8. Clean Air Act and Federal Water Pollution Control Act ® 9. Contract Work Hours and Safety Standards Act ❑ 10. Construction Site Safety ❑ 11. Copeland Anti-Kickback Act Section 1 and 2 ❑ 12. Davis Bacon Act Wage Determination ® 13. Debarment and Suspension ® 14. Disadvantaged Business Enterprises Anticipated DBE/Bidders ® 15. Domestic Preferences for Procurements ® 16. Energy Conservation ® 17. Federal Changes and Notices ® 18. Federal Tax Liability and Recent Felony Convictions ® 19. Fly America ® 20. Incorporation of Federal Transit Administration(FTA)Terms Z 21. ITS National Standards ® 22. Lobbying(Anti-Byrd) Certification ® 23. No Government Obligation to Third Parties ❑ 24. Pre-Award and Post Delivery Audits of Rolling Stock Purchases Certifications ® 25. Patent Rights,Rights in Data and Copyrights ❑ 26. Privacy Act ® 27. Program Fraud and False or Fraudulent Statements and Related Acts ® 28. Prohibition on Certain Telecommunications,Video Surveillance Services or ® 29. Prompt Payment and Return of Retainage ❑ 30. Recycled Products ❑ 31. Safe Operation of Motor Vehicles El 32. Seismic Safety ❑ 33. Special DOL EEO Clause for Construction Contracts El 34. Special Notification Requirements for States(State Grants) El 35. Special Provision for Promoting COVID-19 Safety ® 36. Termination 37. Transit Operations ❑ a. Charter Service c. Public Transit Employee Protective Arrangements b. Drug and Alcohol Testing d. School Bus Operations ® 38. Veterans Preference ® 39. Violation and Breach of Contract ® 40. Notifications to FTA ® 41. DHS Seal,Logo,and Flags ® 42. Trafficking In Persons FCP-2 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 1. ACCESS TO RECORDS AND REPORTS (Applies to Subcontracts at Every Tier) a. Record Retention. The Contractor will retain and will require its subcontractors of all tiers to retain,complete and readily accessible records related in whole or in part to the contract,including, but not limited to, data, documents, reports, statistics, sub-agreements, leases, subcontracts, arrangements, other third-party agreements of any type, and supporting materials related to those records. b. Retention Period. The Contractor agrees to comply with the record retention requirements in accordance with 2 C.F.R. § 200.333. The Contractor shall maintain all books, records, accounts and reports required under this Contract for a period of at not less than three (3) years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case records shall be maintained until the disposition of all such litigation, appeals, claims or exceptions related thereto. c.Access to Records.The Contractor agrees to provide sufficient access to FTA and its contractors to inspect and audit records and information related to performance of this contract as reasonably may be required. d. Access to the Sites of Performance. The Contractor agrees to permit FTA and its contractor's access to the sites of performance under this contract as reasonably may be required. 2. ACCESSIBILITY (ADA) Facilities to be used in public transportation service must comply with the American with Disabilities Act, 42 U.S.C. § 12101 et seq.; DOT regulations, "Transportation Services for Individuals with Disabilities(ADA),"49 C.F.R.part 37;and Joint Access Board/DOT regulations, "Americans with Disabilities(ADA)Accessibility Specifications for Transportation Vehicles,"36 C.F.R. part 1192 and 49 C.F.R. part 38. Notably, DOT incorporated by reference into Appendix A of its regulations at 49 C.F.R. part 37 the Access Board's "Americans with Disabilities Act Accessibility Guidelines"(ADAAG),revised July 2004,which include accessibility guidelines for buildings and facilities. DOT also added specific provisions to Appendix A of 49 C.F.R. part 37 modifying the ADAAG with the result that buildings and facilities must comply with both the ADAAG and the DOT amendments. 3. BONDING REQUIREMENTS (Applies to Subcontracts at Every Tier Bid Security A Bid Bond must be issued by a fully qualified surety company acceptable to the COUNTY and listed as a company currently authorized under 31 C.F.R. part 223 as possessing a Certificate of Authority as described thereunder. Rights Reserved In submitting this Bid, it is understood and agreed by bidder that the right is reserved by the COUNTY to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [one hundred twenty (120)] days subsequent to the opening of bids, without the written consent of the COUNTY. It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [one hundred twenty (120)] days after the bid opening without the written consent of the COUNTY, shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material FCP-3 S 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance,as provided above,he shall forfeit his bid security to the extent of `COUNTY's damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefore. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by the COUNTY as provided in [Item x"Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense the COUNTY for the damages occasioned by default, then the undersigned bidder agrees to indemnify the COUNTY and pay over to the COUNTY the difference between the bid security and (Recipient's) total damages, so as to make the COUNTY whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) A contractor or vendor shall provide a surety bond from a surety company to guarantee full and faithful performance of a contract obligation and the payment of labor and material expended pursuant to a contract whenever, and in such amounts, as required by statute or otherwise as deemed necessary by the Purchasing Director. An irrevocable letter of credit from a financial institution operating within the State of Florida (or other alternative forms of surety as permitted under Florida law)may be sufficient in place of the performance bond if so provided for in the bid and contract documents. All such bonds or letters of credit shall be approved as to form by the County Attorney. A. Contractor shall provide Performance and Payment Bonds in the amount of 100% of the Contract Amount, the costs of which are to be paid by Contractor. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall meet the requirements of the Department of the Treasury Fiscal Service, "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsurance Companies" circular. This circular may be accessed via the web at https://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570.htm. Should the Contract Amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. B. If the surety for any bond furnished by Contractor is declared bankrupt,becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute at its cost and expense another bond and surety, both of which shall be subject to the Owner's approval. Advance Payment Bonding Requirements FCP-4 CAO 1 6 B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The COUNTY shall determine the amount of the advance payment bond necessary to protect the COUNTY. Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility ofthe Contractor is unknown or doubtful. The COUNTY shall determine the amount of the patent indemnity to protect the COUNTY. Warranty of the Work and Maintenance Bonds 1. The Contractor warrants to the COUNTY, the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by the COUNTY, free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the COUNTY Project Manager, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. 2. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by the COUNTY and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to the COUNTY. As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to the COUNTY written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 4. BUS TESTING The Contractor [Manufacturer] agrees to comply with the Bus Testing requirements under 49 U.S.C. 5318(e) and FTA's implementing regulation at 49 C.F.R. part 665 to ensure that the requisite testing is performed for all new bus models or any bus model with a major change in configuration or components, and that the bus model has achieved a passing score. Upon completion of the testing, the contractor shall obtain a copy of the bus testing reports from the operator of the testing facility and make that report(s) publicly available prior to final acceptance of the first vehicle by the recipient. 5. BUY AMERICA REQUIREMENT (Applies to Subtracts) The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. part 661 and 2 CFR § 200.322 Domestic preferences for procurements, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. § 661.7. Separate requirements for FCP-5 S 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES rolling stock are set out at 49 U.S.C. 5323(j)(2)(C), 49 U.S.C. § 5323(u) and 49 C.F.R. § 661.11. Domestic preferences for procurements The bidder or offeror must submit to the Agency the appropriate Buy America certification. Bids or offers that are not accompanied by a completed Buy America certification will be rejected as nonresponsive. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: 1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; 2. all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined,produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 3. all construction materia1s44 are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles,materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers: When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements.The agency should notify the recipient for information on the process for requesting a waiver from these requirements. a. When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: 1. applying the domestic content procurement preference would be inconsistent with the public interest; 2. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or FCP-6 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 3. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at [none are available at this time]. Definitions: "Construction materials" includes an article, material, or supply—other than an item of primarily iron or steel;a manufactured product;cement and cementitious materials;aggregates such as stone, sand, or gravel; or aggregate binding agents or additives46—that is or consists primarily of: • non-ferrous metals; • plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. "Domestic content procurement preference" means all iron and steel used in the project are produced in the United States; the manufactured products used in the project are produced in the United States; or the construction materials used in the project are produced in the United States. "Infrastructure"includes,at a minimum,the structures, facilities,and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports;water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property. Infrastructure includes facilities that generate, transport, and distribute energy. "Project" means the construction,alteration,maintenance,or repair of infrastructure in the United States. 6. CARGO PREFERENCE REQUIREMENTS (Applies to Subcontracts) Use of United States-Flag Vessels The contractor agrees: a. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; FCP-7 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES b.to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, "on-board" commercial ocean bill-of-lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo,Office of Market Development,Maritime Administration,Washington,DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractor's bill-of-lading.); and c. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 7. CIVIL RIGHTS LAWS AND REGULATIONS The following requirements apply to the underlying contract and all subcontracts at every tier: CIVIL RIGHTS AND EQUAL OPPORTUNITY The COUNTY is an Equal Opportunity Employer. As such,the COUNTY agrees to comply with all applicable Federal civil rights laws and implementing regulations. Apart from inconsistent requirements imposed by Federal laws or regulations, the COUNTY agrees to comply with the requirements of 49 U.S.C. § 5323(h) (3) by not using any Federal assistance awarded by FTA to support procurements using exclusionary or discriminatory specifications. Under this Agreement, the Contractor shall at all times comply with the following Federal Civil Rights laws and regulations and shall include these requirements in each subcontract entered into as part thereof. I.Nondiscrimination. In accordance with Federal transit law at 49 U.S.C. § 5332,the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, gender identity or age. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. II.Race,Color,Religion,National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e et seq., and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965,42 U.S.C. §2000e note,as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, or sex (including sexual orientation and gender identity). Such action shall include, but not be limited to,the following: employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition,the Contractor agrees to comply with any implementing requirements FTA may issue. FCP-8 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES III. Age. In accordance with the Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634, U.S.Equal Employment Opportunity Commission(U.S.EEOC)regulations,"Age Discrimination in Employment Act," 29 C.F.R. part 1625, the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., U.S. Health and Human Services regulations, "Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance," 45 C.F.R. part 90, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. IV. Disabilities. In accordance with section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 794, the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12101 et seq., the Architectural Barriers Act of 1968, as amended, 42 U.S.C. § 4151 et seq., and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against individuals on the basis of disability. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 8. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applies to Subcontracts OVER$150,000 at Every Tier) The Contractor agrees: 1) It will not use any violating facilities; 2) It will report the use of facilities placed on or likely to be placed on the U.S. EPA"List of Violating Facilities;" 3) It will report violations of use of prohibited facilities to FTA; and 4) It will comply with the inspection and other requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401 — 7671q); and the Federal Water Pollution Control Act as amended, (33 U.S.C. §§ 1251-1387). 5) The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 9. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (Applies to Subcontracts at Every Tier) For all contracts in excess of$100,000 that involve the employment of mechanics or laborers,the Contractor shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708), as supplemented by the DOL regulations at 29 C.F.R.part 5.Under 40 U.S.C. § 3702 of the Act, the Contractor shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week.The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence. In the event of any violation of the clause set forth herein, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Contractor and FCP-9 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in this section. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement. Contract Work Hours and Safety Standards for Awards Not Involving Construction The Contractor shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non-construction employees, in accordance with 40 U.S.C. § 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),"29 C.F.R. part 5. The Contractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records maintained under this paragraph shall be made available by the Contractor for inspection,copying,or transcription by authorized representatives of the FTA and the Department of Labor, and the Contractor will permit such representatives to interview employees during working hours on the job. The contractor shall require the inclusion of the language of this clause within subcontracts of all tiers. 10. CONSTRUCTION SITE SAFETY FCP-10 CAO 16g 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES The Contractor will comply with all federal laws, regulations, and requirements providing protections for construction employees involved in each Project or related activities with federal assistance provided through the Underlying Agreement, including U.S. DOL regulations, "Recording and Reporting Occupational Injuries and Illnesses," 29 C.F.R. part 1904; "Occupational Safety and Health Standards," 29 C.F.R. part 1910; and "Safety and Health Regulations for Construction,"29 C.F.R. part 1926. 11. COPELAND ANTI-KICKBACK ACT For all construction contracts >$2,000, the Contractor agrees to comply with the Copeland "Anti Kickback" Act (Copeland Act) provisions. The Contractor shall also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States." The Contractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The Copeland "Anti Kickback" Act(Copeland Act) is divided into two sections. Section 1 of the Copeland "Anti-Kickback" Act, at 18 U.S.C. § 874, prohibits anyone from inducing, by any means, any person employed on construction, prosecution, completion, or repair of a federally assisted building or work, to give up any part of his or her compensation to which he or she is otherwise entitled. Section 2 of that Act, at 40 U.S.C. § 3145, and implementing DOL regulations, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in part by Loans or Grants from the United States," 29 C.F.R. part 3, imposes record keeping requirements on all third party contracts for construction, alteration, or repair exceeding $2,000. Under Appendix II to 2 C.F.R. part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards, recipients' third party contracts must include a provision for compliance with the Copeland"Anti- Kickback"Act, as amended, and implementing DOL regulations. 12. DAVIS BACON ACT The U.S.Department of Labor Wage Rates applicable to the Contract is listed in Wage Rate Decision as modified up through ten days prior to the opening of bids. This Wage Rate Decision appears in its entirety at the end of this Exhibit if applicable. For all prime construction, alteration or repair contracts in excess of$2,000 awarded by FTA,the Contractor shall comply with the Davis-Bacon Act. Under 49 U.S.C. § 5333(a), prevailing wage protections apply to laborers and mechanics employed on FTA assisted construction, alteration, or repair projects. The Contractor will comply with the Davis-Bacon Act, 40 U.S.C. §§ 3141-3144, and 3146-3148 as supplemented by Department of Labor regulations (29 C.F.R. part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). In accordance with the statute, the Contractor shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,the Contractor agrees to pay wages not less than once a week. FCP-1 1 CA0 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (1)Minimum wages - (i) All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis- Bacon poster(WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1)Except with respect to helpers as defined as 29 CFR 5.2(n)(4),the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination; and (4)With respect to helpers as defined in 29 CFR 5.2(n)(4),such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if FCP-12 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs (a)(1)(ii)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person,the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v)(A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination,and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and FCP-13 CAO 1 6B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs (a)(1)(v)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding — Collier County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice,trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),all or part of the wages required by the contract, the Collier County may, after written notice to the contractor, sponsor, applicant, or owner,take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3)Payrolls and basic records-(i)Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name,address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs FCP-14 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked,deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A)The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to Collier County for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents(Federal Stock Number 029-005-00014-1),U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D)The falsification of any of the above certifications may subject the contractor or subcontractor FCP-15 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less FCP-16 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii)Equal employment opportunity-The utilization of apprentices,trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9)Disputes concerning labor standards-Disputes arising out of the labor standards provisions FCP-17 FAO 3 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor(or any of its subcontractors)and the contracting agency,the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility - (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 13. DEBARMENT AND SUSPENSION (Applies to Subcontracts of Any Tier) The Contractor shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment,"2 C.F.R.part 1200,which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. part 180. These provisions apply to each contract at any tier of$25,000 or more, and to each contract at any tier for a federally required audit(irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: a)Debarred from participation in any federally assisted Award; b) Suspended from participation in any federally assisted Award; c) Proposed for debarment from participation in any federally assisted Award; d) Declared ineligible to participate in any federally assisted Award; e) Voluntarily excluded from participation in any federally assisted Award; or 0 Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the AGENCY. If it is later determined by the AGENCY that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the AGENCY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. FCP-18 OCAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is a "covered transaction" according to 2 C.F.R. §§ 180.220 and 1200.220. 14. DISADVANTAGED BUSINESS ENTERPRISE (Applies to Subcontracts at Every Tier) It is the policy of the Collier County Board of County Commissioners (BCC) to ensure that Disadvantaged Business Enterprises (DBE)s are defined in 49 C.F.R. part 26, have an equal opportunity to receive and participate in Department of Transportation (DOT)—assisted contracts. It is also the County's policy to: 1. Ensure nondiscrimination in the award and administration of DOT—assisted contracts; 2. Create a level playing field on which DBEs can compete fairly for DOT-assisted contracts; 3. Ensure that the DBE Program is narrowly tailored in accordance with applicable law; 4.Ensure that only firms that fully meet 49 C.F.R.part 26 eligibility standards are permitted to participate as DBEs; 5. Help remove barriers to the participation of DBEs in DOT assisted contracts; 6. Assist the development of firms that can compete successfully in the market place outside the DBE Program. This Contract is subject to 49 C.F.R. part 26. Therefore, the Contractor must satisfy the requirements for DBE participation as set forth herein. These requirements are in addition to all other equal opportunity employment requirements of this Contract. Contract Assurance The Contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, gender identity or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 49 C.F.R. part 26 in the award and administration of DOT- assisted contracts.Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the COUNTY deems appropriate. DBE Participation For the purpose of this Contract, the COUNTY will accept only DBE's who are: 1. Certified by the Florida Unified Certification Program; FCP-19 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 2. An out-of-state firm who has been certified by either a local government, state government or Federal government entity authorized to certify DBE status or an agency whose DBE certification process has received FTA approval; or, 3. Certified by another agency approved by the COUNTY. DBE Participation Goal Collier Area Transit's goal for DBE participation is 2.03%. A separate contract goal has not been established for this procurement. Proposed Submission Each Bidder/Offeror, as part of its submission, shall complete an Anticipated DBE Statement that indicates the percentage and dollar value of the total bid/contract amount to be supplied by Disadvantaged Business Enterprises with whom the Bidder/Offeror intends to contract with for the performance of portions of the work under the Contract. Each Bidder/Offer shall also submit a Bid Opportunity List. Monitoring and Enforcement The COUNTY shall monitor the Contractor's DBE compliance during the life of the Contract. It will be the responsibility of the Contractor to submit Subcontractor Payment Reports to the COUNTY with each pay application that summarize the total DBE value of the Contract if DBE participation occurs. These reports shall provide the following details: • DBE utilization established for the Contract; • Total value of expenditures with DBE firms for the period; • The value of expenditures with each DBE firm for the period by race and gender; • Total value of expenditures with DBE firms from inception of the Contract; and •The value of expenditures with each DBE firm from the inception of the Contract by race and gender. The Contractor shall not terminate DBE subcontractor(s) without the COUNTY's prior written consent. The COUNTY may provide such written consent only if the Contractor has good cause to terminate the DBE firm. Before transmitting a request to terminate, the Contractor shall give notice in writing to the DBE subcontractor of its intent to terminate and the reason for the request. The Contractor shall give the DBE five days to respond to the notice and advise of the reasons why it objects to the proposed termination. When a DBE subcontractor is terminated or fails to complete its work on the Contract for any reason, the Contractor shall make good faith efforts to find another DBE subcontractor to substitute for the original DBE and immediately notify the COUNTY in writing of its efforts to replace the original DBE. These good faith efforts shall be directed at finding another DBE to perform at least the same amount of work under the Contract as the DBE that was terminated, to the extent needed to meet the Contract goal established for this procurement. Failure to comply with these requirements will be in accordance with the Sanctions for Violations section below. Recordkeeping The prime contractor must maintain records and documents of payments to DBEs for three years following the performance of the contract.The records will be made available for inspection upon FCP-20 CO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES request by any authorized representative of the COUNTY or DOT. This reporting requirement also extends to any certified DBE subcontractor. DBE Program and Directory Information The combined statewide directory, identifying all firms eligible to participate as a certified DBE, may be located at the Florida Department of Transportation website. https://fdotxwp02.dot.state.fl.us/EqualOpportunityOfficeB us inessDirectory/C ustom S earch.aspx Additional information on Collier Area Transit's DBE Program can be found at CAT's website http://www.colliergov.net/your-government/divisions-f-r/public-transit-neighborhood- enhancement/our-services-/collier-area-trans it-cat/dbe 15. DOMESTIC PREFERENCE FOR PROCUREMENTS a) As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States(including but not limited to iron,aluminum, steel,cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. (b) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 16. ENERGY CONSERVATION(Applies to Subcontracts at Every Tier) The contractor agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 U.S.C.§ 6201). 17. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. 18. FEDERAL TAX LIABILITY AND FELONY CONVICTIONS (Applies to all contracts and subcontracts.) (1) Transactions Prohibited. (i) Prior to any award, the County will obtain from the prospective Contractor a certification that the Contractor—(A)Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (B) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months. (ii) If the Contractor FCP-21 S 1 6B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES cannot so certify, the County agrees to refer the matter to the FTA and not to enter into any agreement with the Contractors without FTA's written approval. (2)The County agrees to require all Contractors to flow this requirement down to participants at all lower tiers, without regard to the value of any subagreement. 19. FLY AMERICA (Applies to Subcontracts) The Contractor agrees to comply with the following: a)Definitions. As used in this clause-- • "International air transportation"means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. • "United States"means the 50 States, the District of Columbia, and outlying areas. • "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C. Chapter 411. b) When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974(49 U.S.C.40118) (Fly America Act)requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government-financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign-flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign-flag air carrier if a U.S.-flag air carrier is available to provide such services. c) If available, the Contractor, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. d)In the event that the Contractor selects a carrier other than a U.S.-flag air carrier for international air transportation, the Contractor shall include a statement on vouchers involving such transportation essentially as follows: Statement of Unavailability of U.S.-Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign-flag air carrier service for the following reasons. See FAR § 47.403. [State reasons]: e) The Contractor shall include the substance of this clause, including this paragraph (e), in each subcontract or purchase under this contract that may involve international air transportation. 20. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION(FTA)TERMS (Applies to Subcontracts) The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F, are hereby incorporated by FCP-22 CAO 1 6 B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any COUNTY requests which would cause the COUNTY to be in violation of the FTA terms and conditions. 21. ITS NATIONAL STANDARDS Intelligent Transportation Systems (ITS) project shall conform to the National ITS Architecture and standards. Conformance with the National ITS Architecture is interpreted to mean the use of the Nation ITS Architecture to develop a regional ITS architecture support of integration and the subsequent adherence of all ITS projects to that regional ITS architecture. Development of the regional ITS architecture should be consistent with the transportation planning process for Statewide and Metropolitan Transportation Planning (49 CFR Part 613 and 621). 22. LOBBYING Contractors who apply or bid for an award of$100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress,officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Executive lobbying costs. Costs incurred in attempting to improperly influence either directly or indirectly, an employee or officer of the executive branch of the Federal Government to give consideration or to act regarding a Federal award or a regulatory matter are unallowable.Improper influence means any influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding a Federal award or regulatory matter on any basis other than the merits of the matter. 23. NO GOVERNMENT OBLIGATION TO THIRD PARTIES The Contractor shall acknowledge and agree that,notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, absent the express written consent by the Federal Government,the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the Recipient, Contractor or any other party(whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions 24. PRE-AWARD AND POST DELIVERY AUDITS OF ROLLING STOCK PURCHASES FCP-23 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES The Contractor agrees to comply with 49 U.S.C. § 5323(m)and FTA's implementing regulation at 49 C.F.R. part 663. The Contractor shall comply with the Buy America certification(s) submitted with its proposal/bid. The Contractor agrees to participate and cooperate in any pre-award and post-delivery audits performed pursuant to 49 C.F.R. part 663 and related FTA guidance. 25. PATENT RIGHTS,RIGHTS IN DATA AND COPYRIGHTS REQUIREMENTS Intellectual Property Rights This project is funded through a Federal award with FTA for experimental, developmental, or research work purposes. As such, certain Patent Rights and Data Rights apply to all subject data first produced in the performance of this Contract. The Contractor shall grant the COUNTY intellectual property access and licenses deemed necessary for the work performed under this Agreement and in accordance with the requirements of 37 C.F.R. part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements," and any implementing regulations issued by FTA or U.S. DOT. The terms of an intellectual property agreement and software license rights will be finalized prior to execution of this Agreement and shall,at a minimum, include the following restrictions: Except for its own internal use, the Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Contractor authorize others to do so, without the written consent of FTA, until such time as FTA may have either released or approved the release of such data to the public.This restriction on publication, however, does not apply to any contract with an academic institution. For purposes of this agreement, the term "subject data" means recorded information whether or not copyrighted, and that is delivered or specified to be delivered as required by the Contract. Examples of"subject data" include, but are not limited to computer software, standards, specifications, engineering drawings and associated lists, process sheets, manuals,technical reports,catalog item identifications,and related information,but do not include financial reports, cost analyses, or other similar information used for performance or administration of the Contract. 1. The Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use for "Federal Government Purposes," any subject data or copyright described below. For "Federal Government Purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its Federal license to any other party. a. Any subject data developed under the Contract, whether or not a copyright has been obtained; and b. Any rights of copyright purchased by the Contractor using Federal assistance in whole or in part by the FTA. 2. Unless FTA determines otherwise, the Contractor performing experimental, developmental, or research work required as part of this Contract agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of the Contract, or a copy of the subject data first produced under the Contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of this Contract, is not completed for any reason whatsoever, all data developed under the Contract shall become subject data as defined herein and shall be delivered as the Federal Government may direct. FCP-24 CAO 1 6B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 3. Unless prohibited by state law, upon request by the Federal Government,the Contractor agrees to indemnify, save,and hold harmless the Federal Government, its officers,agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. The Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. 4.Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. 5. Data developed by the Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying Contract is exempt from the requirements herein, provided that the Contractor identifies those data in writing at the time of delivery of the Contract work. 6. The Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance. 26. PRIVACY ACT REQUIREMENTS Applicability—When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts except micropurchases($10,000 or less,except for construction contracts over$2,000). The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: (1) The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. (2)The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 27. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS (Applies to subcontracts at every tier) FCP-25 CAO 1 6B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (i) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et see. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (ii) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. chapter 53, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5323(1) on the Contractor, to the extent the Federal Government deems appropriate. (iii)The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 28. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT a. Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. FCP-26 CAO 1 f B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. b. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. c. See Public Law 115-232,section 889 for additional in formation. d. See also § 200.471. 29. PROMPT PAYMENT AND RETURN OF RETAINAGE (49 C.F.R. part 26) Prompt Payment: The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 30 days from the receipt of each payment the prime contract receives from the BCC. Retainage: If retainage from DBE subcontractors is allowed per the contract,the prime contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractors work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the COUNTY. 30. RECYCLED PRODUCTS (SOLID WASTES) (Applies to subcontracts at every tier for purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000.) Recovered Materials. The Contractor agrees to provide a preference for those products and services that conserve natural resources, protect the environment, and are energy efficient by complying with and facilitating compliance with Section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962, and U.S. Environmental Protection Agency (U.S. EPA),"Comprehensive Procurement Guideline for Products Containing Recovered Materials,"40 C.F.R. part 247. 31. SAFE OPERATION OF MOTOR VEHICLES (Applied to Subcontracts at Every Tier) Seat Belt Use The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company-owned vehicles, company-rented vehicles, or personally operated vehicles. The terms "company-owned" and "company-leased"refer to vehicles owned or leased either by the Contractor or AGENCY. FCP-27 CAO 1 6B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Distracted Driving The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases,or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement. 32. SEISMIC SAFETY REQUIREMENTS (Applies to subcontractors) The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 33. SPECIAL DEPT. OF LABOR EEO CLAUSE FOR CONSTRUCTION CONTRACTS (Applies to contracts and subcontracts>$10,000) Equal Employment Opportunity Requirements for Construction Activities. The Contractor will comply, when undertaking "construction" as recognized by the U.S. Department of Labor (U.S. DOL),with: (a) U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. chapter 60, and (b) Executive Order No. 11246, "Equal Employment Opportunity in Federal Employment," September 24, 1965, 42 U.S.C. § 2000e note (30 Fed. Reg. 12319, 12935), as amended by any later Executive Order that amends or supersedes it, referenced in 42 U.S.C. § 2000e note. [(FTA Master Agreement(24), 10- 1-2017; §12.d(3)J 34. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES Applies to States— a. To the extent required under federal law, the State, as the Recipient, agrees to provide the following information about federal assistance awarded for its State Program, Project, or related activities: (1)The Identification of FTA as the federal agency providing the federal assistance for a State Program or Project; (2) The Catalog of Federal Domestic Assistance Number of the program from which the federal assistance for a State Program or Project is authorized; and (3) The amount of federal assistance FTA has provided for a State Program or Project. b. Documents - The State agrees to provide the information required under this provision in the following documents: (1) applications for federal assistance, (2) requests for proposals or solicitations, (3) forms, (4) notifications, (5) press releases, and (6) other publications. (STATE GRANT PROVISIONS) Equal Employment Opportunity: The Contractor shall not discriminate against any employee or applicant for employment because of race,age, creed, color, sex or national origin.The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated FCP-28 CAO 1 6B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractors must insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. Interest of Members of Congress:No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. Interest of Public Officials: No member, officer, or employee of the public body or of a local public body during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof For purposes of this provision, public body shall include municipalities and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or a state agency. Restrictions: During the performance of this contract,the following provisions are to be included in each subcontract entered into pursuant to this contract: a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b)In accordance with Section 287.134,Florida Statutes,an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes,for the inspector general to have access to any records,data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Employment Eligibility(Using E-Verify): a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the FCP-29 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES employment eligibility of all new employees hired by the Agency during the term of the Agreement; and b) Shall expressly require any contractors and subcontractors performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the contractor or subcontractor during the Agreement term. 35. SPECIAL PROVISION FOR PROMOTING COVID-19 SAFETY One of the objectives of The Centers for Disease Control and Prevention "Mask Order" is "[maintaining a safe and operating transportation system.]" The COUNTY agrees that it will comply, and will require all Contractors and Subcontractors to comply, with The Centers for Disease Control and Prevention ("CDC")January 29, 2021 order as amended for Persons to Wear Masks While on Conveyances and at Transportation Hubs. 36. TERMINATION (Applies to Subcontracts at Every Tier in Excess of$10,000) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. TERMINATION FOR CONVENIENCE (GENERAL PROVISION) Should the Contractor 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. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor 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. 1. TERMINATION FOR DEFAULT 1.1 Contractor shall be considered in material default of the Agreement and such default shall be considered cause for Owner to terminate the Agreement, in whole or in part, as further set forth in this Section, if Contractor: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the Project Manager or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refuses to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable;or(4)discontinues the prosecution of the Work;or(5) fails to resume Work which has been suspended within a reasonable time after being notified to do so; or(6)becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or(7)allows any final judgment to stand against it unsatisfied for more than ten (10) days; or (8) makes an assignment for the benefit of creditors; or(9) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (10) materially breaches any other provision of the Contract Documents. FCP-30 CAO 1 6B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES 1.2 Owner shall notify Contractor in writing of Contractor's default(s). If Owner determines that Contractor has not remedied and cured the default(s)within seven(7)calendar days following receipt by Contractor of said written notice or such longer period of time as may be consented to by Owner in writing and in its sole discretion, then Owner, at its option, without releasing or waiving its rights and remedies against the Contractor's sureties and without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate Contractor's right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of Contractor, take assignments of any of Contractor's subcontracts and purchase orders, and complete all or any portion of Contractor's Work by whatever means, method or agency which Owner, in its sole discretion, may choose. 1.3 If Owner deems any of the foregoing remedies necessary, Contractor agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All moneys expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including Design Professional and attorneys' fees) or damages incurred by Owner incident to such completion, shall be deducted from the Contract Amount, and if such expenditures exceed the unpaid balance of the Contract Amount, Contractor agrees to pay promptly to Owner on demand the full amount of such excess, including costs of collection, attorneys' fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the Owner to complete the Work, such excess shall be paid to the Contractor. The amount to be paid to the Contractor or Owner, as the case may be, shall be approved by the Project Manager, upon application, and this obligation for payment shall survive termination of the Agreement. 1.4 The liability of Contractor hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by Owner in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the Work hereunder. 1.5 If, after notice of termination of Contractor's right to proceed pursuant to this Section, it is determined for any reason that Contractor was not in default, or that its default was excusable, or that Owner is not entitled to the remedies against Contractor provided herein,then the termination will be deemed a termination for convenience and Contractor's remedies against Owner shall be the same as and limited to those afforded Contractor under Section 19 below. 1.6 In the event (i) Owner fails to make any undisputed payment to Contractor within thirty (30) days after such payment is due or Owner otherwise persistently fails to fulfill some material obligation owed by Owner to Contractor under this Agreement, and (ii) Owner has failed to cure such default within fourteen (14) days of receiving written notice of same from Contractor, then Contractor may stop its performance under this Agreement until such default is cured, after giving Owner a second fourteen (14) days written notice of Contractor's intention to stop performance under the Agreement. If the Work is so stopped for a period of one hundred and twenty (120) consecutive days through no act or fault of the Contractor or its Subcontractors or their agents or employees or any other persons performing portions of the Work under contract with the FCP-31 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractor or any Subcontractor, the Contractor may terminate this Agreement by giving written notice to Owner of Contractor's intent to terminate this Agreement. If Owner does not cure its default within fourteen(14)days after receipt of Contractor's written notice,Contractor may,upon fourteen (14) additional days' written notice to the Owner, terminate the Agreement and recover from the Owner payment for Work performed through the termination date, but in no event shall Contractor be entitled to payment for Work not performed or any other damages from Owner. 2. TERMINATION FOR CONVENIENCE AND RIGHT OF SUSPENSION 2.1 Owner shall have the right to terminate this Agreement without cause upon seven (7) calendar days written notice to Contractor. In the event of such termination for convenience, Contractor's recovery against Owner shall be limited to that portion of the Contract Amount earned through the date of termination, together with any retainage withheld and reasonable termination expenses incurred, but Contractor shall not be entitled to any other or further recovery against Owner, including, but not limited to, damages or any anticipated profit on portions of the Work not performed. 2.2 Owner shall have the right to suspend all or any portions of the Work upon giving Contractor not less than two(2)calendar days'prior written notice of such suspension.If all or any portion of the Work is so suspended, Contractor's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in the Contract Documents. In no event shall the Contractor be entitled to any additional compensation or damages. Provided, however, if the ordered suspension exceeds six (6) months, the Contractor shall have the right to terminate the Agreement with respect to that portion of the Work which is subject to the ordered suspension. 37. TRANSIT OPERATIONS a. CHARTER SERVICE The contractor agrees to comply with 49 U.S.C. 5323(d), 5323(r) and 49 C.F.R Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except as permitted under: 1. Federal transit laws, specifically 49 U.S.C. § 5323(d); 2. FTA regulations, "Charter Service," 49 C.F.R.part 604;3.Any other federal Charter Service regulations;or 4.Federal guidance,except as FTA determines otherwise in writing. The contractor agrees that if it engages in a pattern of violations of FTA's Charter Service regulations, FTA may require corrective measures or impose remedies on it. These corrective measures and remedies may include: 1. Barring it or any subcontractor operating public transportation under its Award that has provided prohibited charter service from receiving federal assistance from FTA; 2. Withholding an amount of federal assistance as provided by Appendix D to part 604 of FTA's Charter Service regulations; or 3. Any other appropriate remedy that may apply. FCP-32 CAO. 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES The contractor should also include the substance of this clause in each subcontract that may involve operating public transit services. b. DRUG AND ALCOHOL TESTING The contractor agrees to establish and implement a drug and alcohol testing program that complies with 49 CFR Part 655,produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the Florida Department of Transportation, or the COUNTY, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Parts 655 and review the testing process. The contractor agrees further to certify and submit annually its compliance with Parts 655, Florida Statute 341.061, and Rule 14-90 Florida Administrative Code before January 20th to the Public Transit&Neighborhood Enhancement Division Director. To certify compliance the contractor shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annually in the Federal Register. The certification will also include compliance with its adopted System Safety and Security Program Plan pursuant to Florida Rule Chapter 14-90. c. PUBLIC TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS The Contractor agrees to comply with the following employee protective arrangements of 49 U.S.C. § 5333(b): 1. U.S. DOL Certification. Under this Contract or any Amendments thereto that involve public transportation operations that are supported with federal assistance, a certification issued by U.S. DOL is a condition of the Contract. 2. Special Warranty. When the Contract involves public transportation operations and is supported with federal assistance appropriated or made available for 49 U.S.C. § 5311, U.S. DOL will provide a Special Warranty for its Award, including its Award of federal assistance under the Tribal Transit Program. The U.S. DOL Special Warranty is a condition of the Contract. 3. Special Arrangements. The conditions of 49 U.S.C. § 5333(b) do not apply to Contractors providing public transportation operations pursuant to 49 U.S.C. § 5310.FTA reserves the right to make case-by-case determinations of the applicability of 49 U.S.C. § 5333(b) for all transfers of funding authorized under title 23, United States Code (flex funds), and make other exceptions as it deems appropriate, and, in those instances, any special arrangements required by FTA will be incorporated herein as required. d. SCHOOL BUS OPERATIONS The contractor agrees to comply with 49 U.S.C. 5323(f), and 49 C.F.R. part 604, and not engage in school bus operations using federally funded equipment or facilities in competition with private operators of school buses, except as permitted under: i. Federal transit laws, specifically 49 U.S.C. § 5323(f); ii. FTA regulations, "School Bus Operations," 49 C.F.R. part 605; iii. Any other Federal School Bus regulations; or iv. Federal guidance, except as FTA determines otherwise in writing. FCP-33 CFO 168 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES If Contractor violates this School Bus Agreement, FTA may: i. Bar the Contractor from receiving Federal assistance for public transportation; or ii. Require the contractor to take such remedial measures as FTA considers appropriate. When operating exclusive school bus service under an allowable exemption, the contractor may not use federally funded equipment, vehicles, or facilities. The Contractor should include the substance of this clause in each subcontract or purchase under this contract that may operate public transportation services. 38. VETERANS PREFERENCE The Contractor will give a hiring preference,to the extent practicable,to veterans (as defined in 5 U.S.0 Section 2108) who have the requisite skills and abilities to perform the construction work required under this contract. This provision shall not be understood, construed, or enforced in any manner that would require an employer to give preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with disability, or former employee. 39. VIOLATION AND BREACH OF CONTRACT (Applies to subcontracts at every tier$250,000 or more) Disputes-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 the vendor with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached during negotiations to OWNER 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 the vendor with full decision-making authority and by OWNER'S staff person who would make the presentation of any settlement reached at mediation to OWNER'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. Stats. 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 40. NOTIFICATION TO FTA If a current or prospective legal matter that may affect the Federal Government emerges, the County must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the County is located. The Recipient must include a similar notification requirement in its Third Party Agreements and must require each Third Party Participant to include an equivalent provision in its sub agreements at every tier, for any agreement that is a "covered transaction" according to 2 C.F.R. §§ 180.220 and 1200.220. FCP-34 CAO 16B 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (1) The types of legal matters that require notification include, but are not limited to, a major dispute, breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason. (2) Matters that may affect the Federal Government include, but are not limited to, the Federal Government's interests in the Award, the accompanying Underlying Agreement, and any Amendments thereto, or the Federal Government's administration or enforcement of federal laws, regulations, and requirements. (3)The County must promptly notify the U.S.DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud,conflict of interest,bribery,gratuity,or similar misconduct.This responsibility occurs whether the Project is subject to this Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. 41. DHS SEAL,LOGO,AND FLAGS The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FTA pre-approval. 42. TRAFFICKING IN PERSONS The contractor agrees that it and its employees that participate in the Recipient's Award, may not: (a) Engage in severe forms of trafficking in persons during the period of time that the Recipient's Award is in effect; (b) Procure a commercial sex act during the period of time that the Recipient's Award is in effect; or (c) Use forced labor in the performance of the Recipient's Award or subagreements thereunder. FCP-35 CAO 166 2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES GRANT CERTIFICATIONS AND ASSURANCES RETURN DOCUMENTS BY SOLICIATION DEADLINE 1. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 2. Assurance Regarding Felony Conviction and Tax Delinquent Status 3. Certification regarding Lobbying 4. Conflict of Interest 5. Anticipated DBE,M/WBE or VETERAN Participation Statement 6. Opportunity List for Commodities and Contractual Services and Professional Consultant Services 7. Buy America 8. Acknowledgement of Grant Terms and Conditions FCP-36 CAO 16B 2 Collier County Solicitation 23-8166 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Debarment,Suspension,and Other Responsibility Matters Primary Covered Transactions (I) The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph(1)(b)of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions(Federal, State or local)terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal. Yasunori Goto COLLIER COUNTY TRANSIT ELECTRONIC FAREBOX Name Project Name COO 23-8166 Title Project Number LECIP Inc. FJXLYQ1UXJJ5 Firm SAM.gov Unique Entity ID(UEI)Number 61 PN1 CAGE Number 881 IL Route 83, Bensenville, Illinois, 60106 Street Address, City, St te, Zip 7 V'(,/::2-0 t5 Signature FCP-37 10/28/2023 8.08 PM p.101 GAO 16B 2 Collier County Solicitation 23-8166 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Assurance Regarding Felony Conviction and Tax Delinquent Status Prior to entering into an Agreement with any private corporation, partnership, trust,joint-stock company, sole proprietorship, or other business association, the County will obtain from the prospective Contractor the following certifications. The Contractor certifies that it a) Does not have any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability;and b) Was not convicted of the felony criminal violation under any Federal law within the preceding 24 months. c) if awarded a contract resulting from this solicitation,it will incorporate this provision for certification in all lower tier subcontracts. If the prospective Contractor cannot so certify,the County agrees to refer the matter to FTA and not to enter into any Agreement with the Contractor without FTA's written approval Definitions Felony conviction:Felony conviction means a conviction within the preceding twenty-four(24)months of a felony criminal violation under any Federal law and includes conviction of an offense defined in a section of the U.S.code that specifically classifies the offense as a felony and conviction of an offense that is classified as a felony under 18 U.S.C. §3559. Tax Delinquency:A tax delinquency is any unpaid Federal tax liability that has been assessed,for which all judicial and administrative remedies have been exhausted,or have lapsed,and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Yasunori Goto COO Name Title LECIP Inc. Firm Nam Signa ure FCP-3 8 10/28/2023 8:08 PM p.102 GAO 16B 2 Collier County Solicitation 23-8166 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Certification Regarding Lobbying The undersigned certifies,to the best of his or her knowledge,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor, LECIP Inc. ,certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,apply to this certification and disclosure,if any. In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes., apply to is `e II 'fic on and disclosure,if any. i° fb Signature of Contractor's Authorized Official Yasunori Goto, COO Name of Authorized Official and Title December 1, 2023 Date FCP-39 10/28/2023 8:08 PM p.103 CAO 16B 2 Collier County Solicitation 23-8166 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Conflict of Interest Certification 23-8166 Collier County Solicitation No. I Yasunori Goto , hereby certify that to the best of my knowledge, neither I nor my spouse,dependent child,general partner,or any organization for which I am serving as an officer, director, trustee, general partner or employee, or any person or organization with whom I am negotiating or have an arrangement concerning prospective employment has a financial interest in this matter. I further certify to the best of my knowledge that this matter will not affect the financial interests of any member of my household. Also, to the best of my knowledge, no member of my household; no relative with whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks employment; and no organization with which I am seeking a business relationship nor which I now serve actively or have served within the last year are parties or represent a party to the matter. I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as described above that would be affected by the matter,and to disclose any interest I,or anyone noted above, has in any person or organization that does become involved in,or is affected at a later date by,the conduct of this matter. Yasunori Goto Name Signature COO December 1, 2023 Position Date Privacy Act Statement Title I of the Ethics in Government Act of 1978 (5 U.S.C.App.),Executive Order 12674 and 5 CFR Part 2634, Subpart I require the reporting of this information. The primary use of the information on this form is for review by officials of The Justice Department to determine compliance with applicable federal conflict of interest laws and regulations. Additional disclosures of the information on this report may be made:(1)to a federal,state or local law enforcement agency if the Justice Department becomes aware of a violation or potential violation of law or regulations; (2) to a court or party in a court or federal administrative proceeding if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when necessary to obtain information relevant to a conflict of interest investigation or decision;(4)to the National Archives and Records Administration or the General Services Administration in records management inspections; (5) to the Office of Management and Budget during legislative coordination on private relief legislation;and(6)in response to a request for discovery or for the appearance of a witness in a judicial or administrative proceeding,if the information is relevant to the subject matter. This confidential certification will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2 executive branch-wide Privacy Act system of records. FCP-40 10/28/2023 8:08 PM p.104 CAD 1 6 B 2 Collier County Solicitation 23-8166 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT will Vtf Ithsteratthie gases (ethos.the VereimiPt Err,Contractor to a-Ether wale&4 saKterreth' mut* ,,J,33,1,13tA3,1 that validate:4 3Zats, 'Nitre:1 an entity that rtKeism thastract A. VENDOR/PRIME CONTRACTOR INFORMATION Nth rs- CONTRACT DETA.LAR AMON NT LECIP Inc. 27-2014336 heathk A I DRErtER ,,,t'ALAAtt TEP,... S THE ACTIVITt OF TAiS CON ,LAtAllY 314iM3M1N ffiLISItat.5S ILMASA MET t-t- N CONSTRUCTION/ oa,Nativrtit t'LA 4AVE A SMALL WADVANIACAU ILA tkOkA Pt*AAAil ikPANCO, N CONS3)LTA1104? iu-VAiblAmiLIN? the A SOWS./1,/sAto.LL,VC.ft 01/4, vitr N OTUTI? S PA? N 'A•'(its N.NEE B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION cot,ME,WEE SUBCONTRACTOR OR SUPPLIER TePE Of WORK OR ETHNICITY CODE PERCENT Of CONTRACT VET,SMEEI, NAME SPECIALTY 1Se t Reit:N.4 DOLLARS DBE ESP ENTERPRISES INCORPORATED Installation I-IA 3.05°/0 C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME 0:SUE:WITTER DATE TILT OE SORIA TIE Yasunori Goto December 1, 2023 COO EMAIL ADDRESS or PRIME(SUBMITTER TEL/PRONE NUMBER PAR NUMBER sales©lecipinc.com 312-626-2525 312-626-2524 NOTE.Thu tatheematem Es um...6 te heti and report attstkaArti DOE tsr MBE peerEmPKE.RmEEMPEREN 4-""C'PA"BEE UBE.arbour*is sEthilut.th and euR feat beeseeie part of the tont/Kauai tetrn.This harm must be submitted atbele of re...Ehbrue to a rgeItilatiem E aid*Ism 3003'.Jed S COL**,toltrivit,the prime win be asked to update the irstoreurbun has the graht turotElreme I-UREIC:TY CODE .IA Nabs',ArsetKen NA A,.34 ft—ers, Asia aatie Ariari APA Other..-Eat ak:my ether VOW thh,./ Ct D.SECTION TO BE COMPLETED BY COLLIER COUNTY ACCEPTED BY. DATE FCP-41 10/28/2023 8:08 PM p.105 CAO 1 6 B 2 Collier County Solicitation 23-8166 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES pip OPPORTUNITY LIST FOR COMMODITIES AID CONTRACTUAL SERVICES AND PROFESSIONAL CONSULTANT SERVICES a is:Me pvicv of collier County that discdyanta,ied businesses and m.eontt,vendors,.as defined in the Cade of Federal Aepuictions(CF,R)or reOrd.1 Stcrutes IFS/,must hove the opportunity to part4cioate sw,contracts with lederce and/or state grant aspstonce. Prtme contractor/Prime Consultant LECIP Inc. nd Phone Number. 881 IL Route 83, Bensenville, 60106 312-626-2525 AddfESS a Procurement Number/Advertisement Number: 23-8166 The list below is intended to be a listing of firms that are,or attempting to,participate on the project numbered above.Trte list must include the firm bidding or quoting as pnrne as o,,eil as subs and suppliers quoting for parte:venal Prime contractors and consultants must provide triformation for Numbers 1,:2 3,and 4.and,should provide any information they have for Numbers 3,6.7,and s.This form must be submitted with the bid package. 1. Fecrera/Tax ID Number 33-1024796 6 EI DBf 1 Annual G ross Pecetpts 2 Firm Name: ESP Enterprises,Inc. Non-DBE Less than 51 million 3. Phone Number 281-444-2377 Between 51-5 rtelliort 4.Address 13171 Misty Willow Dr Between$5-10 million Houston,TX 77070 7El Subcontractor y Between r,10-15 million subconsultant more than$15 rnii lion 5.Year Firm Established: 2002 1. Federai Tax ID Number. 6,EI DBE 5 Annual Gross Receipts 2. Ftrrn Name, NOn-DBE Less than$1 million ,--. 3.Phone Number: Between 5 1-3 million — 4.Address between$5-10 nem 1. R subcontractor Between$10,13 million Su-boons utant Mane than 5 15 rmiliort 5. rear Firm Established' 1. Federal Tau ID Number: 6 — GEE a Annual Gross Pecetpts — 2. Yam Name Non-DBE Less than 5 1 minion 3.Phone Number Between 5 1.3 naltion 4.Address Between$5-10 million 7 Ei Subcontractor Between 5 10-15 maim — 5ubconsuhant More.than 5 15 million 3.Veer Firm Established. 1. Feder ai Tax iD Number, 6 Ei DBE a. Annual Grass receipts — 2, Firm Name. Non-DBE Less than 5 1 minion 3. Phone Number Between 5 1-5 million. 4.Address Between$3-10 mullion 7 A Subcontractor Between$to-ss million suixoruultant More than$15 million 5. Year Firm Established: FCP-42 10/28/2023 8:08 PM p.106 CAO ,,..../ 16B 2 Collier County Solicitation 23-8166 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Federal Transit Administration(FTA) Buy America Certification Steel,Iron or Manufactured Products A bidder or offeror must submit to the FTA recipient the appropriate Buy America certification (below) with all bids or offers on FTA-funded contracts,except those subject to a general waiver. Bids or offers that are not accompanied by a completed Buy America certification must be rejected as nonresponsive.This requirement does not apply to lower tier subcontractors. Certification requirement for procurement of steel,iron,or manufactured products. (SELECT ONE ONLY) 0 Certificate of Compliance with Buy America Requirements The bidder or offeror hereby certifies that it will meet the requirements of 49 U.S.C. 5323(j)(1) and the applicable regulations in 49 C.F.R.Part 661. Date: December 1, 2023 r , Signature: `I '? Z_ Company: LECIP Inc. Name: Yasunori Goto Title: COO ❑Certificate of Non-Compliance with Buy America Requirements The bidder or offeror hereby certifies that it cannot comply with the requirements of 49 U.S.C.5323(j),but it may qualify for an exception to the requirement pursuant to 49 U.S.C. 5323(j)(2), as amended, and the applicable regulations in 49 C.F.R.661.7. Date: Signature: Company: Name: Title: FCP-43 10/28/2023 8:08 PM p.107 CNO 1 6B 2 Collier County Solicitation 23-8166 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY Acknowledgement of Terms,Conditions and Grant Clauses Flow Down of Terms and Conditions from the Grant Agreement Subcontracts: If the vendor subcontracts any of the work required under this Agreement,a copy of the signed subcontract must be available to the Department for review and approval. The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations,and(iii)the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract, the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla. Stat. Certification On behalf of my firm, I acknowledge, and agree to perform all of the specifications and grant requirements identified in this solicitation document(s). Vendor/Contractor Name LECIP Inc. Date December 1, 2023 Authorized Signature / ' r}.. Address 881 IL Route 83, Bensenville, Illinois, 60106 Solicitation/Contract# 23-8166 FCP-44 10/28/2023 8:08 PM p.108 CAT)) 1 6B 2 LEC1P Fareboxes Project Agreement Number: RFP 23-8166 Collier Area Transit Electronic Farebox L E C, P Service Level Agreement Transit Agency Fareboxes Project Service Level Agreement Submitted by LECIP Inc. 881 IL Route 83 Bensenville, IL 60106 (Tel) 312-626-2525 Fax 312-626-2524 This document contains proprietary information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Cqo Page 1 1 6B 2 LECIP Fareboxes Project Agreement Number:RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement Revision History Revision Date Description 1.0 Dec 1,2023 First Issue This document contains proprietary information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Page 2 CAO 16B 2 LECIP Fareboxes Project Agreement Number:RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement nilueer CONTENTS A. Scope of Service 5 B. Service Description 6 B.1 Cloud Computing Services for Central System 6 B.2 Status Monitoring 6 B.3 Scheduled Maintenance of Databases 6 B.4 Scheduled Backup of Databases 6 B.5 Recovery of Data 6 B.6 Update/Upgrade of Middleware and Applications 7 B.6.1 Updates necessary to address critical security vulnerabilities 7 B.6.2 New features/functions 7 B.6.3 Major release of a new version 7 B.7 Secure Access to Central System 7 B.8 IP Address Restriction 8 B.9 Reporting 8 B.9.1 Monthly Report 8 B.9.2 Incident Report 8 C. Service Availability 8 C.1 Measurement of Service Availability 8 C.2 Service Availability Calculation 8 C.3 Availability Goal 9 D. Maintenance Types 9 D.1 Standard Maintenance 9 D.2 Major Maintenance 9 D.3 Emergency Maintenance/Update 9 E. Customer Support 10 E.1 Customer Support Accessibility 10 E.2 Response Time 10 E.3 Service Review Meeting 10 F. Support Organization 11 G. Handling of Data 11 G.1 Data Ownership 11 G.2 Data Accessibility 11 H. Force Majeure 11 This document contains proprietary information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Cq Page 3 16B 2 LECIP Fareboxes Project Agreement Number: RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement I. Termination of Service 12 J. Disclaimer 12 This document contains proprietary information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Page 4 C, 0 16B 2 LECIP Fareboxes Project Agreement Number: RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement This Service Level Agreement is entered into by and between LECIP Inc. ("LECIP") and the Transit Authority for Software as a Service (SaaS) stipulated in the Fixed Term Service Agreement. The purpose of this agreement is: 1.To clarify LECIP's scope of work 2.To set clear service level standards for SaaS to host Central System for LECIP Fareboxes System at Transit Authority. In the event that there is a conflict between the terms of this Service Level Agreement and the terms of the Fixed Term Service Agreement,the terms of the latter shall prevail. A. SCOPE OF SERVICE The scope of this agreement includes the following services as parts of SaaS: • Cloud computing services for Central System (Section B. 1) • Status monitoring(Section B.2) • Scheduled maintenance of databases (Section B.3) • Scheduled backup of databases (Section B.4) • Recovery of data,on an as needed basis (Section B.5) • Update/upgrade of middleware and applications (Section B. 6) • Secure access to Central System (Section B. 7) • IP address restriction (Section B.8) • Reporting(Section B.9) The following are NOT included within the scope of this agreement; • Operations on the Central System user interface (e.g. user registration, user role control, distribution of fare configurations). • Retention of data longer than the pre-agreed duration (7 years). LECIP will give Transit Authority a 30 days'notice that the data retention will end. • Transit Authority intranet settings to allow communication between the devices at Transit Authority facilities and the cloud services. This document contains proprietary Information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Page 5 CAO 16B 2 LECIP Fareboxes Project Agreement Number:RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement B. SERVICE DESCRIPTION B.1 CLOUD COMPUTING SERVICES FOR CENTRAL SYSTEM LECIP will use cloud computing services provided by AWS, including AWS Lambda, Amazon DynamoDB,Amazon API Gateway,Amazon Relational Database Service,and Amazon Simple Storage Service,to host Central System for the Fareboxes System. The system architecture and specifications will be decided by LECIP. The server location will be chosen within the USA to minimize latency and maximize usability by Transit Authority. The expected server location is Oregon. B.2 STATUS MONITORING (AWS Status Monitoring) Using health dashboard provided by AWS, status of cloud computing services will be monitored by LECIP. (Application Monitoring)All the major applications,middleware,and processes will be continuously monitored to ensure health of the SaaS. Any signs of abnormal conditions will be promptly investigated to prevent an accident or performance issue. (Security Monitoring)Using AWS GuardDuty and AWS WAF,LECIP will monitor for malicious activity and unauthorized behavior to protect the SaaS and data kept within the service. B.3 SCHEDULED MAINTENANCE OF DATABASES Storage Auto Scaling is enabled for databases,meaning that disk space assigned to each database will be automatically increased by AWS,when free available space is less than 10 percent of the allocated storage. LECIP will upgrade the database instance type if more CPU and/or memory resources need to be assigned based on the results of database monitoring. Databases will be monitored by Amazon CloudWatch.Amazon CloudWatch obtains health metrics, including CPU utilization, free-able memory, read latency, and write latency, from databases every minute.Amazon CloudWatch will be configured to send an alarm to LECIP staff,based on the value of the metric relative to a pre-defined threshold. B.4 SCHEDULED BACKUP OF DATABASES A backup of the databases will be made around 3 am every day and will be kept for three months. B.5 RECOVERY OF DATA Should data loss occur,LECIP will use reasonable efforts to recover the lost data,using the available backup data. This document contains proprietary information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Page 6 CAO 16B 2 LECIP Fareboxes Project Agreement Number: RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement 11111111•111.1111114 B.6 UPDATE/UPGRADE OF MIDDLEWARE AND APPLICATIONS LECIP will check monthly if a new version of third-party middleware and applications is available. LECIP will update/upgrade third party middleware and applications with due consideration of dependency between components in accordance with the following policy. B.6.1 Updates necessary to address critical security vulnerabilities LECIP will evaluate the published release notes for the applicability of the security risks.The security vulnerability identified to be critical by the supplier will be considered to be critical by LECIP,as long as the components/functions in question are used for SaaS. Updates for major Central System components will be applied as follows; ■ Amazon RDS PostgreSQL Auto Minor Version Upgrade will be disabled.The minor version upgrades addressing critical security vulnerability will be manually applied by LECIP.The term"minor version upgrade" here means that the released version is backward compatible. • Python Versions released by Python Software Foundation to address critical security vulnerability will be applied,if the components/functions in question are used for SaaS. • Tableau Versions released by Tableau Software to address critical security vulnerability will be applied. If necessary, LECIP will perform verification for a new update to ensure the system integrity and stability. B.6.2 New features/functions LECIP does not apply a new version of software only for the purpose to include new features/functions. B.6.3 Major release of a new version In many cases of stable well-known software components, even if a new major version branch is released, previous stable major branch(es) are supported for the maintenance updates. LECIP will continue to support the original major version branch as long as the security update maintenances are supported by the third-party component sources. B.7 SECURE ACCESS TO CENTRAL SYSTEM LECIP will provide secure https access to the cloud services. This document contains proprietary information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Page 7 Cqc 16B 2 LECIP Fareboxes Project Agreement Number: RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement B.8 IP ADDRESS RESTRICTION LECIP will restrict the access to the cloud computing services by IP address and port so that only the authorized accesses from Transit Authority and LECIP facilities are allowed, if requested by Transit Authority. B.9 REPORTING B.9.1 Monthly Report LECIP will submit monthly reports to Transit Authority. The reports will include monthly quantitative metrics such as availability (%) of the service, percentage (%) of time when resource usage has exceeded certain thresholds, as well as qualitative information such as results of data backup, error logs and unauthorized access attempt to the services from IP addresses other than Transit Authority and LECIP. B.9.2 Incident Report LECIP will submit an incident report within 5 business days after the incident, when incidents affecting Transit Authority's user experiences such as inaccessibility to the service or unavailability of data are reported.The report will have description of the issue,cause of the issue,actions done to recover from the issue, tentative actions/workarounds if applicable, and permanent corrective actions. C. SERVICE AVAILABILITY C.1 MEASUREMENT OF SERVICE AVAILABILITY LECIP will monitor the following metrics to calculate the service availability; ■ Dummy login requests are sent to the Central System web portal every 10 minutes.Successful login will be considered as a positive result.The positive result shows that the Central System web portal is accessible from users and the Central System application and database are running. • Dummy requests are sent to Web API every 10 minutes. Successful response will be considered as a positive result.The positive result shows that the Central System is accessible from field deices and the Central System application is running. The SaaS will be considered available during time periods between points when all the above metrics show positive results. C.2 SERVICE AVAILABILITY CALCULATION Service availability is calculated by the following formula; This document contains proprietary information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Page 8 CAp 1 6B 2 LECIP Fareboxes Project Agreement Number: RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement (Service Availability)% (Available Period) x 100 (Reporting Period) — (Exempted Period) — (Maintenance Period) Where • Contract period is a one-year period, from a specified commencement date to a specified completion date,as specified in the Services Agreement. • Exempted period is a period of service unavailability caused by issues beyond LECIP's control, including but not limited to AWS unavailability and network outage. • Maintenance period is a period of service unavailability required to conduct scheduled/unscheduled maintenance. • Available period is a period of service availability measured by the definition in clause C. 1. C.3 AVAILABILITY GOAL LECIP provides 99%availability of the SaaS.This availability goal is at its best effort and it shall not be guaranteed that such availability can be achieved. D. MAINTENANCE TYPES There are three types of maintenance activities depending on the nature of the required changes. SaaS will be partially/fully unavailable during the maintenance. The field devices, including the Farebox and Revenue Collection Vault,are designed to work offline without connection to the Central System at least for 7 days. Transit Authority can continue fare collection even if the Central System is temporarily unavailable due to maintenance. D.1 STANDARD MAINTENANCE LECIP will conduct scheduled maintenance and non-emergency update/upgrade, during which the SaaS needs to stop partially or fully, between Sunday 03:00 pm and Monday 03:00 am (EST/EDT). Expected service downtime will be notified to Transit Authority at least 48 hours in advance. D.2 MAJOR MAINTENANCE If LECIP needs to conduct major maintenance which cannot be completed during the standard maintenance time window, LECIP will notify Transit Authority of such necessity and agree on the maintenance downtime at least 7 days in advance. D.3 EMERGENCY MAINTENANCE/UPDATE If the necessity of emergency maintenance/update arises, LECIP will notify Transit Authority of the emergency and immediately stop the SaaS to conduct necessary maintenance or update. Unsaved data on the user interface (e.g.manual count data for cash audit) could be lost in this case. This document contains proprietary information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Page 9 CAC?,t 1 6B 2 LECIP Fareboxes Project Agreement Number: RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement E. CUSTOMER SUPPORT E.1 CUSTOMER SUPPORT ACCESSIBILITY LECIP customer support will be accessible through JIRA Service Desk, email, or phone. The main contact will be; Service Manager Tel: +1-312-626-2525 email: Customer support will be accessible during the following business hours; Customer Support Business Day and Hour Monday to Friday 09:00 to 17:00 (EST/EDT) Saturday and Sunday N/A Holidays N/A The field devices, including the Farebox and Revenue Collection Vault, are designed to work offline without connection to the Central System at least for 7 days. Transit Authority can continue fare collection even if the Central System becomes unavailable on weekends/holidays. E.2 RESPONSE TIME LECIP will respond to customer support request received during the Customer Support Business Hour within 1 business day. If the reported issue severely affects and/or interrupts service or the availability of the LECIP Fareboxes system, LECIP will use reasonable efforts to resolve the issue by the end of the next Customer Support Business Day. E.3 SERVICE REVIEW MEETING Regular service review meetings will be held between Transit Authority and LECIP to go over any open JIRA tickets and any other related reports.These will be held monthly,as long as there are open items.If there are no open items the meeting will be canceled by LECIP. This document contains proprietary Information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. CMC' Page 10 1 6B 2 LECIP Fareboxes Project Agreement Number: RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement F. SUPPORT ORGANIZATION The SaaS is provided by the support organization shown in the organization chart. When deemed necessary, Transit Authority may escalate issues concerning the SaaS to Service Manager, CEO of LECIP Inc.as well as QA General Manager of LECIP Holdings Corporation in Japan. CEO ,QA General Manage LECIP Japan Servie Manager Engineer G. HANDLING OF DATA G.1 DATA OWNERSHIP LECIP recognizes that all data collected within the Fareboxes System including but not limited to transaction logs,data derived from the transactions logs,and cash audit results are owned by Transit Authority. LECIP uses such data only to provide services to Transit Authority and to monitor and to improve fare collection products. G.2 DATA ACCESSIBILITY LECIP will provide Transit Authority with read only access to the relational database so that Transit Authority can make use of data with a third-party BI tool application.LECIP shall not be responsible for issues caused by heavy queries to the database. E.3 DATA RECOVERY Reasonable effort (e.g. recovery by using backup data) will be made to recover the data loss. LECIP shall not guarantee that the lost data will be fully recovered and shall not recover lost data beyond LECIP's reasonable effort. In the event data loss is caused by Transit Authority's data operation, LECIP shall not be liable for the data recovery. H. FORCE MAJEURE LECIP shall not be liable for any data loss or service unavailability under this Agreement arising out of causes beyond its reasonable control including,but not limited to, acts of God or public enemies, acts of other parties,acts of civil or military authority,labour disputes, fires, riots, war, embargoes, epidemics, floods, unusually severe weather or shortage or absence of power or fuel or other circumstances of the same nature and shall not recover such lost data. This document contains proprietary information originated or owned by LECIP. Neither this document nor the Information disclosed herein shall be reproduced or transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Page 11 C40 16B 2 LECIP Fareboxes Project Agreement Number: RFP 23-8166 Collier Area Transit Electronic Farebox L E C 1 P Service Level Agreement I. TERMINATION OF SERVICE Upon termination of the Fixed Term Service Agreement, LECIP will provide necessary support to export data at extra cost,as required. J. DISCLAIMER Since the cloud server platforms will be provided by Amazon Web Services, LECIP SHALL NOT BE LIABLE FOR ANY KIND OF SERVICE UNAVAILABILITY OR DATA LOSS CAUSED BY AMAZON WEB SERVICES.LECIP will contact Amazon.com to resolve the issue caused by Amazon Web Services,but LECIP shall not guarantee the time to resolve the issue.LECIP will use reasonable efforts to recover the service affected by such incidents. This document contains proprietary information originated or owned by LECIP. Neither this document nor the information disclosed herein shall be reproduced or Cq0 transferred to other documents or used or disclosed to others for manufacturing or any other purpose except as specifically authorized in writing by LECIP. Page 12 16B 2 IConfidential Transit Authority — Agreement Number:21033.0S Pareboxes Project LECIP Service Level Agreement ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kjnz44, Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and ConaptroAter A t. w -, 4/341#%_...,,,Ce.leoir.as-- BY _... _ .. __ • . _ By: .r Dated= dc ' - 1 Burt Saunders, Chairman (SEAL),Alta_ s to Chairman's 4 : 1,' signature only LECIP Chicago, Illinois, Inc. Contractor Contractore-�Witn es: / By: �? Contractors irst Witness Sign ure Yasunori Goto, COO Mitsuhiro Omura, CEO -- TType/print signature and title1 TTypelp int witn amet Con actor Second V�itf c Ning Diaz, Administaration Office T'Typelprint witness namel' Appr as to Form an Le ality: 1 4 s I !! County Attorney CI Al J Clem .ScA^Stvr.f%'A a Print Name TA s document contains proprietary Information originated or owned by LECIP. Neither this document nor the Information disclosed herein shall be reproduced or transferred Sn otherdocuments or used or disclosed to others formanuractnring or any other purpose except of specifically authodud In wridngby LECIP. Page 13 45 16B 2 AFFIDAVIT REGARDING LABOR AND SERVICES Effective July 1,2024,pursuant to§787.06(13), Florida Statutes,when a contract is executed, renewed,or extended between a nongovernmental entity and a governmental entity, the nongovernmental entity must provide the governmental entity with an affidavit signed by an officer or a representative of the nongovernmental entity under penalty of perjury attesting that the nongovernmental entity does not use coercion for labor or services. Nongovernmental Entity's Name: LECIP INC. Address: 881 IL ROUTE 83,BENSENVILLE,ILLINOIS 60106 Phone Number: 312-626-2525 Authorized Representative's Name: YASUNORI GOTO Authorized Representative's Title: COO Email Address: YASUNORI.GOTO@MB.LECIP.CO.JP AFFIDAVIT YASUNORI GOTO (Name of Authorized Representative),as authorized representative attest that LECIP INC. (Name of Nongovernmental Entity)does not use coercion for labor or services as defined in§787.06,Florida Statutes. Under penalty p jury, declare that I have read the foregoing Affidavit and that the facts stated in it are true. l f (Signature of authorized representative) Date STATE OF tL COUNTY OF CO Sworn to(or a rrned)and subscribed before me,by means of O physical presence or D online notarization this I day of AN ,201 ;by N{ySw•ia/lxL (Name of Affiant),who produced their ta Pss N PASS )o R- as identification or are ersonally known to me�o0ko ()� No ry Public(not required when digital) 1 official Seal M J WALLACE ' 911 t 1 D. I� I Notary Commission No 9010004 Illinois Commission Expires 4 My Commission Expires September 11,2027 11 Personally Known ❑OR Produced Identification Type of Identification Produced: J1op AIN 1AS.S poIit CONTRACT RENEWAL OR EXTENSION REQUEST FORM version 2025 1 0