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#13-5993 (Midwestern Software Solutions, LLC) ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 1 6_ ki:Q.; .4 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATUI ', ! , r+LI ,',..4 PC :z',;. � ,' ,,: k ,,er *,... t c: ' t ` � 414KL i,*�R�a E '.. Routed by Purchasing Department to Office Initials Da the Following Addressee(s)(In routing order) 1. Risk Management Risk .„--2,ciiA 2. County Attorney Office County Attorney Office 3. BCC Office Board of County 3' I )/ ) Commissioners 4. Minutes and Records Clerk of Court's Office 3/1 r0 5. Return to Purchasing Department Purchasin g . Contact: Diana DeLeon I v r PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Brenda Brilhart, March Phone Number 252-8375 Purchasing Staff 12,2013 Contact and Date �v C.3.&,S.Yl� Agenda Date Item was March 12,2013 Agenda Item Number 16.A.10 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 13-5993 Midwestern number if document is NumberNendor Name Software Solution to be recorded 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? !Q� 2. Does the document need to be sent to another agency for additional signatures? If yes, N/A provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's �� Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the v document or the fmal negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's r,, ,n C signature and initials are required. �.V(, 7. In most cases(some contracts are an exception),an electronic copy of the document and this routing slip should be provided to the County Attorney's Office before the item is ��� input into SIRE. 8. The document was approved by the BCC on the date above and all changes made during the meeting have been incorporated in the attached document. The County l'✓ Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC,all changes directed by the BCC have been made, and the document is ready for the /40, Chairman's signature. 16A10 MEMORANDUM Date: March 18, 2013 To: Diana De Leon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #13-5993 "Traffic Count Software" Contractor: Midwestern Software Solution, LLC. Attached, is an original of the contract referenced above (Item #16A10), approved by the Board of County Commissioners on Tuesday, March 12, 2013. The original will be held on file with the Minutes and Record's Department in the Board's Official Records. If you have any questions, please contact me at 252-7240. Thank you. Attachment 16A10 AGREEMENT13-5993 for Traffic Count Software THIS AGREEMENT, made and entered into on this (2lay of hAtt;,-Jil 2013, by and between Midwestern Software Solution, LLC, authorized to do business in the State of Florida, whose business address is 3815 Plaza Drive Ann Arbor, Michigan 48108, (the "Consultant") and Collier County, a political subdivision o f the State of Florida, (the "County" or "Customer"): WITNESSETH: 1. COMMENCEMENT. The Consultant shall commence the work upon Notice to Proceed. The initial teen of the contract is one (1) year, with three (3) one (1) year renewal options. Development of the project action plan, system implementation and user training support (Exhibit "A" - Scope of Services) is anticipated to be completed within ninety (90) calendar days (Exhibit "B") from Notice to Proceed. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Consultant written notice of the County's intention to extend the Agreement term not less than thirty (30) days prior to the end of the Agreement term then in effect. 2. STATEMENT OF WORK. The Consultant shall provide consulting services to develop and support a cloud-based Traffic Count Software program in accordance with the terms and conditions of RFP #13-5993 and the Consultant's proposal referred to herein and made an integral part of this agreement. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Consultant and the County Project or Contract Manager or his designee, in compliance with the County Purchasing Policy and Administrative Procedures in effect at the time such services are authorized. 3. THE CONTRACT SUM. The County shall pay the Consultant for the performance of this Agreement an estimated maximum amount of one hundred and one thousand eight hundred and forty dollars ($101,840.00), based on the fee schedule (Exhibit "C") set forth in this contract, subject to Change Orders as approved in advance by the County. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager and/or his designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 3.1 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) Page 1 of 15 6A1 1 0 months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 3.2 TRAVEL AND REIMBURSABLE EXPENSES Travel and Reimbursable Expenses are not anticipated, but if requested must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.445 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than$150.00 per night Parking Actual cost of parking Taxi or Airport Actual cost of either taxi or airport limousine Limousine 4. SALES TAX. Consultant shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 5. NOTICES. All notices from the County to the Consultant shall be deemed duly served if mailed or faxed to the Consultant at the following Address: Ben Chen, Project Manager Midwestern Software Solution, LLC 3815 Plaza Drive Ann Arbor,MI 48108-1655 (734) 995-0200 • bc@ms2.com Page 2 of 15 16A10 All Notices from the Consultant to the County shall be deemed duly served if mailed or faxed to the County to: Collier County Government Center Purchasing Department 3327 Tamiami Trail, East Naples, Florida 34112 Attention: Purchasing & General Services Director Telephone: 239-252-8975 Facsimile: 239-252-6480 The Consultant and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Consultant or to constitute the Consultant as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Consultant. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Consultant. The Consultant shall also be solely responsible for payment of any and all taxes levied on the Consultant. In addition, the Consultant shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Consultant agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Consultant. 8. NO IMPROPER USE. The Consultant will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Consultant or if the County or its authorized representative shall deem any conduct on the part of the Consultant to be objectionable or improper, the County shall have the right to suspend the contract of the Consultant. Should the Consultant fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Consultant further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. TERMINATION. Should the Consultant be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause; further the County may terminate this Agreement Page 3 of 15 16A10 for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Consultant's recovery against the County shall be limited to that portion of the Contract Amount earned through the date of termination. The Consultant shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 10. NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 11. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $1,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of$1,000,000 for each accident. Special Requirements: Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Consultant during the duration of this Agreement. The Consultant shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Consultant shall also notify County, in a like manner, within twenty- four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Consultant from its insurer, and nothing contained herein shall relieve Consultant of this requirement to provide notice. Consultant shall ensure that all Subconsultants/Contractors comply with the same insurance requirements that he is required to meet. 12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Consultant shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Consultant, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant or anyone employed or utilized by the Consultant Page 4 of 15 16A10 in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 12.1 The duty to defend under this Article 12 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Consultant, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Consultant. Consultant's obligation to indemnify and defend under this Article 12 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Growth Management Division/Traffic Operations Department. 14. CONFLICT OF INTEREST: Consultant represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Consultant further represents that no persons having any such interest shall be employed to perform those services. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the following component parts, all of which are as fully a part of the contract as if herein set out verbatim: Consultant's Proposal, Insurance Certificate, RFP #13-5993-Traffic Count Software, County Software Specifications/Scope of Services, Addenda and any written response to questions. 16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. Page 5of15 16A10 18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the Consultant is formally acknowledging without exception or stipulation that it is fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the Consultant to comply with the laws referenced herein shall constitute a breach of this agreement and the County shall have the discretion to unilaterally terminate this agreement immediately. 19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant contract to other governmental entities at the discretion of the successful proposer. 20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Policy. 22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Consultant with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 23. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 24. KEY PERSONNEL/PROJECT STAFFING: The Consultant's personnel and management to be utilized for this project shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the contract. The Consultant shall assign as many people as necessary to complete the project on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the dates set forth in the Project Schedule. The Consultant shall Page 6 of 15 16A10 not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience. (2) that the County is notified in writing as far in advance as possible. The Consultant shall make commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 25. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the Request for Proposal and/or the Consultant's Proposal, the Contract Documents shall take precedence. In the event of any conflict between the terms of the RFP and the Consultant's Proposal, the language in the RFP would take precedence. 26. ASSIGNMENT: Consultant shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement or any part herein, without the County's consent, shall be void. If Consultant does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Consultant all of the obligations and responsibilities that Consultant has assumed toward the County. 27. CONFIDENTIAL AND PROPRIETARY INFORMATION: A. Proprietary Information. Customer acknowledges that in order to perform the services called for in this contract, it shall be necessary for Consultant to disclose to the customer certain Proprietary Information that has been developed by Consultant at great expense and that has required considerable effort of skilled professionals. Customer further acknowledges that the programs will of necessity incorporate such Proprietary Information. Customer agrees that it shall not disclose, transfer, use, copy, or allow access to any such Proprietary Information to any employees or to any third parties, excepting those who have a need to know such Proprietary Information in order to give effect to the Customer's rights hereunder and who have bound themselves, in writing, to respect and protect the confidentiality of all such Proprietary Information. In no event shall the customer disclose any such Proprietary Information to any competitors of Consultant. B. Notwithstanding, anything to the contrary in any other section of this Contract, Consultant hereby acknowledges that the Customer is subject by law to certain information and document disclosure and copying requirements that may require the County to disclose information or copies of documents relating to or forming part of the programs) trade secret or copyright protection. Accordingly, prior to disclosing such information or reproducing such documents to a third party, the County shall seek the Consultant's written consent to each such disclosure or reproduction and the Consultant agrees not to unreasonably with hold such consent. Neither customer nor Consultant has any obligation to disclose any Trade Secret. "Trade Secret" as defined in Section 812.081, Florida Statutes, are exempt from "Public Records Law" disclosure by application of Section 119.08(3)(o), Florida Statutes. Customer shall not intentionally disclose any of the subject trade secrets. In the event that customer is unsure whether an item is a trade secret, Customer shall rely on Consultant's Page 7 of 15 16A10 assertion that the item is a trade secret and shall in reliance thereon treat the item as a trade secret vis-a-vis Chapter 119, Florida Statutes. In any case where the Consultant expressly consents to specific disclosure of information or reproduction of documents relating to or forming part of the program(s), the Consultant hereby waives for each specific disclosure or reproduction any claim against the County for violation of trade secret or copyright laws or violation of any term of this Contract for such a release of information or copies of documents. In any case where the Consultant refuses to consent to disclosure or reproduction and the County is as a result thereafter made a party to a suit arising under Chapter 119, Fla. Stat (i.e., the "Florida Public Records Law"), the Consultant agrees to intervene in such suit with counsel and at the Consultant's expense and to present evidence to establish that the information or documents the Consultant has requested the County to withhold under the terms of this Contract are in fact exempt from disclosure under the Florida Public Records Law pursuant to Section 119.07(3)(o). Should the court in such a suit determine that the information or documents in question must be disclosed or reproduced pursuant to the Florida Public Records Law, the Consultant shall have no claim against the County for violation of this Contract or trade secret or copyright laws or otherwise. However, to the extent the Consultant did not unreasonably withhold its consent to disclosure or reproduction in the first place, the Consultant also shall have no obligation to pay any attorneys' fees or costs assessed against the County as a result of the nondisclosure or non-reproduction of the information or documents. ************************** ***Remainder of page intentionally left blank***********AAA*************** Page 8 of 15 16A1Q IN WITNESS WHEREOF, the Consultant and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTS,Tr' " COLLIER COUNTY, FLORIDA Dig ..EroslR keibrk of Courts ,, fly„ i •f! ' �..;- L i� B Dated d + C. .c By: . Hiller, Es q., Chairwoman (SEA., 4,f•::)\ L . . Midwestern Software Solutions, LLC Consultant , By:B ��u Y First Witness Signature l'Type/1 print witness nameT ' (I rno l cl Ce 10) r-►vt g✓LS C_ev\eArOA IM�n0.5 e r- Second Witness Type/print signature and title 8A L:cbf pS4.4c te4 TType/print witness nameT Approved as to form and legal sufficiency: r .j.._ ._../' D - Assistant Cc.unty Attorney �� I k/ j2 . ?end\ Print Name Page 9of15 16A10 EXHIBIT A SCOPE OF SERVICES I. Overview of Contract The Consultant shall implement, host and maintain a web-based traffic data management system for the Collier County Traffic Management Center's data processing and reporting. Services will include establishing automated polling procedures and data management systems to generate traffic data reports for Traffic Management Center requirements. The Consultant will host and maintain the web based management system for the initial four (4) year contract period. Services may include, but not be limited to, the following: A. An action plan for creating, importing historical data and hosting a data storage system for the Collier County Traffic Management Center (TMC) current and future traffic data sources. The Traffic Management Center currently uses multiple software tools and formats for processing and reporting traffic data such as Siemens ITS ACTRA/TACTICS System Software, Wavetronix CMD System, Time Mark Pneumatic Hose System and Turning Movements Counts. Spreadsheets, queries, and database storage of traffic information should be integrated into one web based hosted solution making it easier to analyze, query, report, display, access and utilize traffic counts database information. B. An automated traffic database for processing and reporting traffic data. The service shall provide database management tools that improve Collier County's TMC overall traffic data quality. The Consultant should provide a web based hosting application that can provide electronic tools for compiling the hourly, daily, monthly, quarterly and year-end processes. In support of providing processing and reporting of traffic data, the services should, at a minimum, provide: i. Traffic data polling management by auto-polling and receiving traffic data as machine- readable volumes, bins, or individual vehicle records. Traffic data devices used by Collier County Traffic Operations include the following vendors: a. ACTRA/TACTICS -Siemens Database b. Wavetronix c. Time Mark d. Sensys Networks ii. Traffic data collection site management; iii. Data workflow management; iv. Quality control and quality checking of data; v. Status reporting on failed sensors or count station(s) if not operating; vi. Calculation of Seasonal Adjustment Factors and Axle Adjustment Factors in accordance with FHWA Traffic Monitoring Guide procedures; vii. Calculation of Average Daily Traffic (ADT) and Annual Average Daily Traffic (AADT); viii. Calculation of Annual Highest Hours, Annual Hourly Day of Week, Annual Day of Week Percentage Statistics; ix. Processing and storage of short count data and continuous count data including volume, classification, and speed and length data; x. Reports of counts on customizable intervals and set intervals (hourly, daily, weekly, monthly, quarterly and year-end), both for specified station(s) as well as system-wide; xi. Calculation and plotting of the AM, Mid-Day and PM Peak hourly volumes for the various road segments, with the option to include or exclude weekend volumes; xii. The ability to display the AADT, the peak hour volume and turning movement volumes on the web based map interface; xiii. The ability to compare and display the growth or reduction in the traffic volumes (ADT) for the various roadway segments from the same periods (quarters or years) from previous years, on the web based map interface; Page 10 of 15 16A10 xiv. Database management tools for the storage, modification, importing and extraction of traffic information. C. The hosted application must satisfy the FHWA Traffic Monitoring Guide (TMG) requirements and the American Association of State and Highway Officials (AASHTO) guidelines for Traffic Data Programs. D. The ability to display locations and count data on a web based map interface, such as Google Maps API, and the ability to add or modify stations. E. Provide training to CC TMC staff, which shall include but not be limited to: System operations training, System modification training, and Report generation training. F. Provide remote and on-site support services to CC TMC staff, which shall include, but not to be limited to: Troubleshooting system errors, customizing and building reports upon request, security and software updates. II. Service Level Agreement The consultant shall provide definitions of key terms used in the Service Level Agreement (SLA). This must include the definition of "The Service", which fully explains: A. The critical software applications and hardware devices involved in the provision of the service that the consultant is responsible for providing, such as: i. Database server ii. Web application server iii. All required hardware or software resources needed to implement the production database application. iv. Enough disk space to store all CC TMC's raw traffic data for at least 10 years, and a process to ensure its authenticity. v. This would include any licensing requirements for creating a Virtual Server for the above mentioned severs. vi. Uninterruptible power supply vii. Separate backup device or service for recovery of all Data by the CC TMC. B. Critical duties a consultant is responsible for performing. C. Responsibility that any shared or stored data is sole property of the Collier County Traffic Management Center, and is not available for sale or to be used for commercial gain without explicit consent of the Collier County Traffic Management Center. D. Any other applications, devices or duties for which Consultant is responsible for in maintaining the integrity and authenticity of the count data. III. Service Availability The application service must allow all its functions to be executed via a standard web browser. At a minimum the application service must be: • 99% available during working hours: between 6:30 AM and 5:30 PM EST, Monday through Friday, excluding public holidays observed by CC TMC • 95% all other times, including public holidays observed by CC TMC The consultant must define any exclusion that may apply to the service availability, for example; lost passwords, deliberate or accidental misuse by registered users, reasonable delays due to computer intensive activities such as data loading or performing intensive calculations, etc. IV. Performance Levels The application service'must provide secure environments for two kinds of users: • A multi-user, collaborative, read/write environment for registered data analysts and administrators from CC TMC • A read-only reporting environment for non-authenticated (public) users The application service must provide at least the minimum licensing for the following: Page 11 of 15 16A10 • 5 simultaneous registered data analysts • 20 simultaneous public users The application service must continue to operate with minimal changes to performance for the heaviest specified loads. V. Security The system must take measures to prevent security threats that may result in data loss or service degradation, including: A. Firewalls B. Built in Role Based Access Control for various objects and actions throughout the application C. A secure process for creating users, which details who controls user creation and their permissions D. Built in measures that prevent modification or destruction of data by unauthorized users E. Built in measures for managing typical input validation errors that may compromise security, such as format strings, SQL injection, cross-site scripting, HTTP header injection and the like. F. Secure password management policies that include, at a minimum, a process for password recovery, a process for changing the password, and a policy on password strength. G. Encryption policies and algorithms for the secure transmission of data between hosted service and connections to CC TMC or outside public internet activity VI. Support Response The consultant must provide support response goals based on the level of urgency and present a schedule for response times for normal business hours and off shift hours. A resolution goal timeline will also be provided for handling support requests. VII. Other Policies The system must contain details on any other important service policies including: A. A backup and disaster recovery plan in the event of data loss due to natural or human induced disasters B. Control measures in recovery plan shall include preventive, detective and corrective measures C. An incident reporting and tracking process D. The approach to providing a fault tolerant computing environment VIII. Deductions for Non-Performance Fees for service will be reduced on a pro-rata basis by comparing time the service is not in compliance against the stated benchmarks. The contract may be terminated if the service is not available at least 80% of the time. IX. Definitions A. Mandatory Requirements — The terms "shall", "will", and "must" denote mandatory requirements. B. Permissible Action —The terms "should" and "may" denote an advisory or allowable action. C. Agency — Any department, commission, council, board, office, bureau, committee, institution, agency, government, corporation, or other establishment of the executive branch of this state authorized to participate in any contract resulting from this solicitation. D. Discussions — For the purposes of this contract, a formal, structured means of conducting written or oral communications with responsible proposers who submit proposals determined in writing to be reasonably susceptible of being selected for award. X. Performance Goals and Measures • Setup and maintain web hosting site for CC TMC traffic data storage and analysis. • Import CC TMC historical traffic data for display and analysis into web hosted site. • Increase the speed and efficiency of traffic data collection and processing. Page 12of15 16A10 The services provided by the Consultant shall be evaluated to determine that these services are provided in a timely and professional manner by Anthony Khawaja, Traffic Operations Engineer. In coordination with the CC TMC a quarterly work schedule will be developed for consultant activities. Objectives and deliverables will be tracked for completion. XI. Monitoring Plan: CC TMC will monitor the performance of the Consultant by: • Comparing deliverables and objectives to the quarterly audit plan. • Compare time required to collect, process and report traffic data to previous procedure. • Reviewing for accuracy all generated reports and polled data. • Feedback for the Consultants Audited. Page 13 of 15 16A10 EXHIBIT B PROJECT SCHEDULE Project schedule is based upon issuance of the Notice to Proceed. PROPOSED PROJECT SCHEDULE Task Week 1 j 2 3I 4 5 6 1 7 8 9 I 10 1 11 12 1,Project Action Plan 2.Sy p ntation 3.User Training and System Support Page 14of15 16A10 EXHIBIT C Project Cost Proposal Collier CountyTraffic Count Software Project Cost Proposal .4,-, . a, 3 tO m m s Z13 0) Classification (Staff Name) i f A _ _ �, .__ a a RS m CO C i O C z o w c O N 0. It O O mow = V) t23 2 0 w ,2 tt) ro 7 a o m 0 � Hourly Rate $160 $110 $95 $90 Task 1. Project Action Plan - Project Kick-off Meeting&Preparation 4 4 - Project Action Plan Development Task Total Hours 4 4 0 0 8 Task Total Fee $640 $440 So $0 $0 $1,080 Task 2. System Implementation - TCDS/TMC License Fee $50,000 - Data Migration and System Customizations 16 60 40 40 Task Total Hours 16 60 40 40 156 Task Total Fee $2,560 56.600 $3.800 $3,600 $50,000 $0 $66,560 Task 3. User Training and System Support - User Training 2 8 - 1st Year System and Sup sort $0 Task Total Hours 2 8 0 0 10 Task Total Fee $320 $880 $0 $0 $0 $0 $1.200 Task 4. Additional 3-Year Hosting and Support - 2nd Year - 3rd Year $10,500 - 4th Year $11.000 Task Total Hours 511.500 0 0 0 0 0 Task Total Fee $0 $0 $0 $0 533.000 $0 533.000 PROJECT FEE&HOUR SUMMARY TOTAL HOURS 22 72 40 40 174 TOTAL DAYS 6 13 5 5 29 TOTAL FEE $3.520 $7,920 $3,800 $3,600 583.000 $0 $101,840 Additional Personnel Categories This list is not intended to be all inclusive. Hourly rates for other categories of professional, support and other personnel services shall be mutually negotiated by Collier County and firm as needed for the project. Page 15 of 15 16A10 __.---, ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) Ikamm. 02/25/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Eric A. Moore, CIC, LIC NAMEACT Sarah Fasnacht, CISR Moore Insurance Services, Inc. (NC, No, Eat): (517) 439-9345 FAX(A c, No): (517) 439-5536 E-MAIL i 67 N. Howell ADDRESS: nfo@mooreinsuranceservices.com PRODUCER P.O. Box 207 CUSTOMER ID is Hillsdale, MI 49242- INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A Travelers Midwestern Software Solutions, LLC INSURERB :Auto-Owners Ins Group 3815 Plaza Drive INSURER C :Beazley Insurance Company INSURER D : INSURER E : Ann Arbor MI 48108- INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (MOLICIYI'YY) (POLICY A i GENERAL LIABILITY 6800447P655 09/30/2012 09/30/2013 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY / / / / PREMISES O(Ea occurrence) $ 300,000 CLAIMS-MADE X OCCUR / / / / MED EXP(Any one person) $ 5,000 X Contractual Liab / / / / PERSONAL 8 ADV INJURY $ 2,000,000 / / / / GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER' / / / / PRODUCTS-COMP/OP AGG $ 4,000,000 POLICY X JECT PRO LOC / / / / Employee Benefits $ 2,000,000 B AUTOMOBILE LIABILITY 4652483600 09/30/2012 09/30/2013 COMBINED SINGLE LIMIT $ 1,000,000 / / / / (Ea accident) ANY AUTO BODILY INJURY(Per person) $ 1,000,000 X ALL OWNED AUTOS / / / / BODILY INJURY(Per accident) $ 1,000,000 SCHEDULED AUTOS / / / / PROPERTY DAMAGE X HIRED AUTOS / / / / (Per accident) $ 1,000,000 X NON-OWNED AUTOS / / / / $ / / / / $ A X UMBRELLA LIAB X OCCUR CUP0449P600 09/30/2012 09/30/2013 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB I CLAIMS-MADE / / / / AGGREGATE $ 5,000,000 DEDUCTIBLE / / / / $ RETENTION $ / / / / $ A WORKERS COMPENSATION UB3965T049 09/30/2012 09/30/2013 x WC STATU- OTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE / / / / E.L.EACH ACCIDENT $ 500,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) - / / / / E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under DESCRIPTION OF OPERATIONS below / / / / E.L.DISEASE-POLICY LIMIT $ 500,000 D PROFESSIONAL LIABILITY V159/03120601 09/30/2012 09/30/2013 per Claim 2,000,000 / / / / Annual Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace is required) Re: Contract #13-5993 "Traffic Count Software" Collier County Government is listed as additional insured with respect to general liability only. CERTIFICATE HOLDER CANCELLATION ( ) - ( ) - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Collier County Purchasing Department AUTHORIZED REPRESENTATIVE 3327 Tamiami Trail East i Naples FL 34112-4901 ACORD 25(2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. INS025(200909) The ACORD name and logo are registered marks of ACORD