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Backup Documents 07/08/2014 Item #16E 3 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 E 3 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE COUNTY ATTORNEY PINK ROUTING SLIP Routed by Purchasing Department to Office Initials Date the Following Addressee(s)(In routing order) 1. Risk Management Risk 415 n kflticf 2. County Attorney Office County Attorney Office M --7)/e))/ 3. BCC Office Board of County 1V 6 Commissioners vtS/S/ `l \1��� 4. Minutes and Records Clerk of Court's Office -fll ( 1-1- 5. Return to Purchasing Department Purchasing Contact: Diana DeLeon PRIMARY CONTACT INFORMATION Name of Primary Diana DeLeon for Sandra Herrera Phone Number 252-8375 Purchasing Staff July 8,2014 Contact and Date Agenda Date Item was July 8,2014 Agenda Item Number 16.E.3 Approved by the BCC Type of Document Contract Number of Original 2 Attached Documents Attached PO number or account N/A Solicitation/Contract 14-6279 Federal number if document is Number/Vendor Name Engineering 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? DD 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 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 N/A 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 DD signature and initials are required. 7. In most cases(some contracts are an exception),an electronic copy of the document and DD 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 DD during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made,and the document is ready for e Chairman's signature. 16E 3 MEMORANDUM Date: July 15, 2014 To: Diana DeLeon, Contract Technician Purchasing Department From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: Contract #14-6279 "P25 Radio Consulting Services" Contractor: Federal Engineering Attached is an original copy of the contract referenced above (Item #16E3) approved by the Board of County Commissioners Tuesday, July 8, 2014. The second original contract will be held in the Minutes and Records Department for the Board's official record. If you have any questions, please contact me at 252-7240. Thank you. Attachment Detail by Entity Name 6 E 3 FLORIDA DEPARTMENT OF STATE DIVISION OF o. . CSR 'TIoy ° Home Contact Us E-Filing Services Document Searches Forms Help Events No Name History I FEDERAL ENGINEERING,INC Search ;: Return to Search Results �k Detail by Entity Name Foreign Profit Corporation FEDERAL ENGINEERING, INC. Filing Information Document Number F09000003302 FEI/EIN Number 521316269 Date Filed 08/20/2009 State MD Status ACTIVE Last Event REINSTATEMENT Event Date Filed 01/09/2014 Event Effective Date NONE Principal Address 10600 ARROWHEAD DRIVE SUITE 160 FAIRFAX,VA 22030 Changed: 02/23/2011 Mailing Address 10600 ARROWHEAD DRIVE SUITE 160 FAIRFAX, VA 22030 Changed: 02/23/2011 Registered Agent Name &Address C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Officer/Director Detail Name&Address �µ Title CP BOSCO, RONALD F 11210 STUART MILL ROAD , OAKTON,VA 22124 Title VCVP F.. http://search.sunbiz.org/...il/EntityName/fore-f09000003 3 02-3 1 9ec677-55d3-41 fe-9b0c-t7d8d00676a8/FEDERAL%20ENGINEERING%2c%20INC/Page 1[6/20/2014 10:57:28 AM] Detail by Entity Name 16 E 3 MURRAY, JOHN E PO BOX 3349 . .. OAKTON, VA 22214 Annual Reports Report Year Filed Date 2010 01/22/2010 2011 02/23/2011 ny- 2012 02/20/2012 Document Images 02/20/2012--ANNUAL REPORT View image in PDF format 02/23/2011 --ANNUAL REPORT View image in PDF format 1 01/22/2010--ANNUAL REPORT View image in PDF format 08/20/2009-- Foreign Profit View image in PDF format Events No Name History (FEDERAL ENGINEERING,INC Search Return to Search Results e I Cg to act us I lnrurnent Searches I Pry« i- I Forms I _Heil). I Copyright C and Privacy Policies State of Florida Department of State http://search.sunbiz.org/...il/EntityName/forp-f09000003 302-3 1 9ec677-55d3-41fe-9b0c-f7d8d00676a8/FEDERAL%20ENGINEERING%2c%20INC/Page 1[6/20/2014 10:57:28 AM] AGREEMENT 14-6279 for P25 Radio Consulting Services THIS AGREEMENT, made and entered into on this 17441 day of 2014, by and between Federal Engineering, Inc., authorized to do business in the State of Florida, whose business address is 10600 Arrowhead Drive, Fairfax, VA 22030, the "Consultant") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. SERVICES. The County has selected the Consultant in accordance with the provisions of Section 287.055, Florida Statutes (Consultant's Competitive Negotiation Act), to provide professional P25 Radio Consulting services ("Project") as described in Exhibit A "Scope of Services", which is attached hereto and incorporated herein. 2. COMMENCEMENT. The Consultant shall commence the work upon issuance of a Purchase Order for all or any designated portion of the Project, which shall be performed and completed in accordance with the Schedule defined in each Purchase Order(s). Time is of the essence with respect to the performance of this Agreement and subsequent Purchase Order(s) issued hereunder. 3. CONTRACT TERM. The contract shall be for one (1) five (5) year period, commencing on Date of Board award and terminating five (5) year(s) from that date, or until such time as all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated by the County. 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 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 ten (10) days prior to the end of the Agreement term then in effect. �� et. 16E 3 4. STATEMENT OF WORK. The Consultant shall provide radio frequency (RF) and related Consulting Services as provided in Exhibit A, "Scope of Services", which is hereby incorporated by reference, in accordance with the terms and conditions of this Agreement, RFP #14-6279 and the Consultant's proposal referred to herein and made an integral part of this agreement. The Consultant has submitted a proposal for provision of those services and represents that it has expertise in the type of professional services that will be required. 4.1 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 Purchasing Ordinance and Purchasing Procedures in effect at the time such services are authorized. 4.2 It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by the County and that the County does not represent or guarantee unto the Consultant that any specific amount of Services will be requested or required of the Consultant pursuant to this Agreement. 5. COMPENSATION. The County shall pay the Consultant for the performance of this Agreement upon completion or partial completion of the work tasks as accepted and approved by the County Project Manager or his designee pursuant to the fees as set forth in Exhibit B, "Basis of Compensation" included in this Agreement. Payments shall be made to the Consultant when requested as work progresses, but not more frequently than once per month. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218 Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 5.1 Invoices may be submitted by the Consultant on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. 6. SALES TAX. The 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. 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 # 85-8015966531C-2. 2 16E 3 7. 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: Federal Engineering, Inc. 10600 Arrowhead Drive Fairfax, VA 22030 Telephone: 703-359-8200 Facsimile: 703-359-8203 Attn: Ronald F. Bosco, President and CEO rbosco @fedeng.com 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: Joanne Markiewicz, Director, Procurement Services Telephone: 239-252-8407 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. 8. 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. 9. PERMITS: LICENSES: TAXES. The Consultant agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional Services to be provided and performed by the Consultant pursuant to this Agreement. 9.1 The Consultant agrees that, when the Services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such Services, it shall employ and/or retain only qualified personnel to provide such Services to the County. 3 /1 4160 16E 3 9.2 In compliance with Section 218.80, F.S., all professional and business permits necessary for the prosecution of the Work shall be obtained by the Consultant. The Consultant shall not be responsible for project specific permits although the Consultant shall provide assistance to the County in applying for such permits to the extent specified in the Statement of Work. 9.3 Payment for all such permits issued by the County shall be processed internally by the County. All non-County professional and business 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. 10. 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. 11.TERMINATION. Should the Consultant be found to have fail to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement for cause upon seven (7) days written notice to Consultant and failure of the Consultant to cure the default during the seven (7) day period; 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 exercised in good faith. 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, 4 16E3 any damages or any anticipated profit on portions of the services not performed. 12.NO DISCRIMINATION. The Consultant agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 13. INSURANCE. The Consultant shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Consultants; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. 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 for each accident. D. Professional Liability: Shall be maintained by the Consultant to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. The Consultant waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than$1,000,000 each claim and in the aggregate. 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 the 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. The Consultant shall also notify County, in a like manner, within three (3) business days after receipt, of any notices of expiration, cancellation, non-renewal or material change in 1� 16E 3 coverage or limits received by the Consultant from its insurer, and nothing contained herein shall relieve the Consultant of this requirement to provide notice. The Consultant shall ensure that all sub-consultants comply with the same insurance requirements that he is required to meet. 14. 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 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. 15. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the IT Department. 16. CONFLICT OF INTEREST. The 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. The Consultant further represents that no persons having any such interest shall be employed to perform those services. 16.1. The Consultant agrees not to divulge, furnish or make available to any third person, firm or organization, without the County's prior written consent, or unless incident to the proper performance of the Consultant's obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed, any non-public information concerning the Services to be rendered by Consultant hereunder, and Consultant shall require all of its employees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. Consultant shall provide the County prompt written notice of any such subpoenas. 17. 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 iti46 16E 3 herein set out verbatim: Consultant's Proposal, including Cost and Technical Proposals, Insurance Certificate(s), Exhibit A "Scope of Services", Exhibit B "Basis of Compensation", Exhibit C "Truth In Negotiation Certificate", Exhibit D "Project Schedule", RFP#14-6279-Scope of Services and Addendum. 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 contract held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. Consultant 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 located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety and the Florida Public Records Law Chapter 119 (including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(d) and (3))). If Consultant observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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 in accordance with Section 11. 21. 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. i60, 7 16E 3 22. 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. The parties further agree that any portion of this Agreement which is held void, invalid, or otherwise unenforceable, in whole or in part, shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law. 23. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this contract in compliance with the Purchasing Ordinance and Purchasing Procedures. 24. 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. 25. 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. 26. 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 services 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 Purchase Order(s). The Consultant shall not change Key Personnel unless the following conditions are met: (1) Proposed replacements have substantially the same or better qualifications and/or experience and; (2) the County is notified in writing as far in advance as possible. The Consultant shall make 8 16E 3 commercially reasonable efforts to notify Collier County within seven (7) days of the change. The County retains final approval of proposed replacement personnel. 27. 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 (RFP) and/or the Consultant's Proposal, the Contract Documents shall take precedence. 28. 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. 29. TRUTH IN NEGOTIATION. The Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that Consultant has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement or any subsequent Purchase Order(s). 29.1 In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the Consultant agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Exhibit C, certifying that wage rates and other factual unit costs supporting the compensation for Consultant's services to be provided under this Agreement and each subsequent Purchase Order(s) issued hereafter, if any, are accurate, complete and current at the time of the Agreement or such subsequent Purchase Order. The Consultant agrees that the original price as set forth in each subsequent issued Purchase Order(s), if any, and any additions thereto shall be adjusted to exclude any significant sums by which the County determines the price as set forth in the Purchase Order(s) was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of the subject Purchase Order(s). 30. SECURING AGREEMENT/PUBLIC ENTITY CRIMES. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that Consultant has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee 9 G�' 16E 3 working solely for Consultant, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. At the time this Agreement is executed, Consultant shall sign and deliver to the County the Truth-In-Negotiation Certificate identified in Paragraph 29 and attached hereto and made a part hereof as Exhibit C. Consultant's compensation as set forth in each subsequently issued Purchase Order(s), if any, shall be adjusted to exclude any sums by which the County determines the compensation was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. 30.1 By its execution of this Agreement, the Consultant acknowledges that it has been informed by the County of and is in compliance with the terms of Section 287.133(2)(a) of the Florida Statutes which read as follows: "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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list." ***********************Remainder of page intentionally left blank********************* wio 16E 3 . 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 COUNTYCOMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA Dwight E,Brock, Clerk of Courts / B irlI -. . fry `► B .:� ALA ' Y� a , i Tom Henning, C .' - an Dated: 001 I " (SEAL) Attest as td ClOinan's Federal Engineering, Inc. signature only. Consultant J _ _ By: .%' '--- First Witness Signature .5,446u..) 1/C.Og soN ) 04.,‘-..(J IF. g,2S( 2 Qv ;1 t TType/print witness nameT TType/print signature and title"' rix.„),--i....; b ii.1"'k•—• Second Witness TType/print witness nameT A. • oved as 2 For and Legality: ..„....4 L____. County Attorney h Print Name 2/1 11 r_`!) 16E 3 . EXHIBIT A "Scope of Services" P25 Radio Consulting Services Contract Overview The Consultant will provide radio frequency (RF) and related consulting and technical assistance regarding a wide variety of land mobile/wireless communication systems serving public safety and government agencies. The resultant services may include, and not be limited to: assessment of current state of architecture; development of options for system replacement; expert presentation to constituents and stakeholders, including the Board of County Commissioners; charette and techarette designing; development of mapping and technical specifications, development of solicitation specifications and evaluation criteria, implementation and oversight the replacement system [irrespective of the selected methodology, design or model]. The County's upgrades and replacement of radio system technology along with upgrades and replacement of ancillary systems, including; power support, electrical systems, equipment shelters, air conditioning, and system backhaul components. Detailed Scope of Work Overview These planning efforts will encompass the following key goals to transition the radio system to P25 technology while maintaining effective communication for public safety personnel. • Availability of P25 technology for public safety agencies in 2015; P25 technology is critical to agencies receiving federal grants for communications equipment. Several Collier County agencies have already received grants and additional grant requests have been submitted. Significant delays in P25 implementation could jeopardize these funding support efforts. • Recommendation to improving system performance and capabilities in North Naples. • Maintenance of all legacy radio system capabilities during migration up to, and beyond the anticipated end of life date, in the event migration is not completed due to external factors. • Provide a plan for full integration of key system features between the legacy system and the P25 system during migration up to and beyond the anticipated end of life date to provide both day to day and interoperable communications between agencies. A-1 fr6/ 1. 6E 3 • Provide a phased plan for replacement of mobile and portable radios for non-public safety system users through the integration of the legacy and P25 systems. • Commitment and pricing from the vendor for long term technology and maintenance support of the P25 system. • Provide procurement options provided by the Consultant, which will be evaluated in c onsultati on with the County's Office of Management and Budget and Procurement Se rvic es Department. The Consultant wil l provide the fol 1 ow ing services for the initial phase: Task 1 - Assessment of Current State of Architecture: The Consultant will execute the following activities to assess the existing system and collect and define the County's radio system communications needs. Through the assessment process, the Consultant will continue to gather data that will be useful in preparing a technical specifications and recommendations for an upgraded countywide system. Project Initiation The Consultant will initiate the project with Collier County on a mutually agreed-upon date following the issuance of a purchase order and schedule a project initiation meeting. The project initiation meeting will establish a common understanding of the project goals, objectives, and vision; items best understood through a close working relationship between the Consultant's respective management teams and staffs. The Consultant will provide a preliminary project plan and timetable that will serve as guiding documents throughout the program. Assessing the Current State of Radio Architecture The Consultant will review information provided by the County regarding the current radio infrastructure including,but not limited to: Dispatch and consoles Radio transmitters and receivers Microwave backhaul Emergency backup Communications sites (towers, Life-cycle costs and budget buildings) Spectrum A-2 16E 3 The Consultant will survey the existing twelve (12) County radio sites at the following locations to gather technical data on the condition, age, utility, and reliability of the existing public safety radio systems: 26-10-08.3 N,081-04- 63 I 75 OCHOPEE,FL COLLIER County 57.3 W 25-45-45.4 N,080-56- 19 KM SE OF MONTROE STATION OCHOPEE,FL COLLIER County 09.2 W 26-16-36.0 N,081-36- 13240 IMMOKALEE ROAD NAPLES,FL COLLIER County 04.0 W 26-01-51.0 N,081-38- 15771 TAMIAMI TRAIL EAST NAPLES,FL COLLIER County 32.0 W 26-10-59.0 N,081-34- 1753 BENTON ROAD NAPLES,FL COLLIER County 29.0 W 26-13-33.3 N,081-46- 1899 TRADE CTR NAPLES,FL COLLIER County 45.3 W 26-07-34.5 N,081-43- 2901 COUNTY BARN ROAD NAPLES,FL COLLIER County 40.0 W 25-55-28.2 N,081-43- 520 S COLLIER BV NAPLES,FL COLLIER County 42.1 W 25-54-36.4 N,081-21- 32020 EAST TAMIAMI TRAIL CARNESTOWN,FL COLLIER County 49.3 W 26-23-42.2 N,081-24- 312 STOCKADE RD IMMOKALEE,FL COLLIER County 46.2 W 26-06-19.8 N,081-41- 8125 LELY CULTURAL PKY NAPLES,FL COLLIER County 40.9 W SR-29,0.25 miles north of the SR-29 and 26-09-42.1 N,081-20- I-75 interchange,Collier County,FL Immokalee,FL COLLIER County 56.9 W The Consultant's radio site professionals that are experienced in mobile radio communications, microwave radio path engineering, AC and DC power systems, tower, and shelter requirements will visit each site and survey system control equipment, microwave equipment, repeaters, base stations, and other critical communications infrastructure installations. The County will provide access to each of the sites for three (3) consecutive days beginning five (5) days after the issuance of a purchase order. Agency representatives may need to escort the assessment personnel to the sites to ensure unencumbered access for the Consultant's activities. As part of the site visits, the Consultant will assess system performance and capability issues in North Naples. Task 2 - Charette and Techarette Designing with Multiple Stakeholder Groups: The Consultant will prepare for and conduct three (3), three (3) hour on-site charette/techarette sessions over a two (2) -day period coinciding with the kick-off meeting. Prior to the kick-off meeting the Consultant will discuss with the County the scheduling of the sessions. The sessions will include a mutually agreed upon mix of public safety/public service disciplines using a mutually agreed upon format. The County will coordinate participants for these sessions within five (5) days of the issuance of a purchase order. /3Q) 16E 3 The Consultant will employ a charette/techarette approach to gather information about current and future user needs such as: Voice performance (coverage, Mobile data performance (coverage, reliability, capacity, security, etc.) reliability, capacity, security etc.) Subscriber unit functionality Interoperability Mobile data applications Many of the needs of law enforcement, fire, and EMS are similar; but there are requirements unique to each service. The Consultant's five (5) -step charette/techarette approach is designed to elicit and document these diverse public safety user and system requirements. The process is composed of the following: 1. Setting the stage 2. Gathering the data 3. Generating insights 4. Deciding what to do 5. Closing the charette/techarette Setting the Stage Stakeholders must feel comfortable and be focused on the task at hand in order to provide meaningful and accurate insights. The Consultant begins each charette/techarette session by setting the stage. This stage involves helping stakeholders put aside their concerns and competing interests by stimulating discussion and interaction among participants early on in the session. The Consultant employs techniques including check-in, focus on/focus off, explorers, shoppers, vacationers, and prisoners (ESVP), and working agreements. Using check-in in a round-robin format, we ask stakeholders to summarize in one to three words what they hope to get out of the session. The Consultant understands that first responders' interests can vary substantially, so we engage participants in a group exercise called ESVP. In this exercise, stakeholders anonymously group themselves into one of four categories: • Explorers—those who are excited to participate in the charette/techarette, discover new things, and provide insights • Shoppers—those who will observe the charette/techarette, but will be pleased to provide minimal input • Vacationers—those who have little interest in the session, but are happy to be relieved from their normal work duties • Prisoners—those who feel that they are forced to participate in the charette/techarette and would like to be doing something else A-4 7J 16E 3 Finally, working agreements is an activity where we break stakeholders into small groups, assign specific topics to consider, and have them share their insights with the others and the facilitator. This exercise concludes with the facilitator compiling a single master list of topics to focus on during the charette/techarette. Gathering the Data A majority of the charette/techarette session involves eliciting stakeholder requirements. Mobile radio system functionality, coverage, capacity, and performance are all addressed. The Consultant employs the following techniques including timeline and triple nickels, and dot voting: • Timeline—a technique used to discover and pinpoint the origin and progression of a single problem, opportunity, or a number of problems and opportunities that influence requirements • Triple nickels—a technique where participants spend five minutes gathering data on a minimum of five requirements or ideas related to a specific topic. The facilitator divides the stakeholders into groups and asks them spend five minutes individually generating five requirements. Each participant writes their requirements on individual notecards and then passes their cards to the next person, who spends five minutes building on the requirements they received. This process is repeated five times to generate a master requirements list. • Dot voting—this technique focuses on team wisdom by providing each stakeholder with a predetermined number of dots to distribute or assign among the requirements Generating Insights This step enables the stakeholders to review and evaluate the requirements and insights of each of the user organizations captured during the data gathering step. The Consultant finds that techniques including brainstorming, five whys, and fishbone diagrams serve as effective techniques to further develop and refine stakeholders' requirements and insights. Deciding what to Do Pivotal in any charette/techarette session is emerging with a group consensus on the most important issues, requirements, and insights. Closing the Charette/Techarette To facilitate process improvement and build stakeholder support, the Consultant believes that it is critical to provide stakeholders with an opportunity to reflect on how the charette/techarette went. As such, the Consultant's facilitator engages participants in closing exercises including the following: A-5 V71D 16E 3 • Plus/delta—captures and validates the participants' ideas on what components the charette/techarette should include more of and those things that should be changed • Help, hindered, hypotheses—generates feedback on the charette/techarette components that helped, hindered, and what could be improved • Return on time invested—elicits feedback on whether the participants believe their time was well-spent Assess and Review the Collected Information The Consultant will assess the information collected in charette/techarette sessions. As a "sanity check", the information gathered will be compared to what the Consultant has found in their projects with other localities. If additional information is required, it will be obtained via follow-up telephone calls. Where information is unavailable, the Consultant will document appropriate assumptions based upon their experiences with other local and county government networks. The Consultant will prepare for and conduct a teleconferenced briefing with the County to review the requirements defined during the charette/techarette sessions. These requirements will be used throughout the project to ensure the design and implementation of the system meet the County's needs. Task 3 - Development of Options for System Replacement with a Cost Benefit Analysis for Each Option Once the Consultant has completed and analyzed the information from the project initiation meeting, site surveys and charette/techarette sessions, the Consultant will develop two (2) radio system alternatives, and provide benefits and risks for each. These options will include an upgrade of the existing system by the current radio system vendor and a replacement of the existing system. For the first option, the Consultant will assess the current technical capabilities of Harris Corporation's P25 radio solutions based upon our experience with Harris, supplemented with market research. The Consultant will also research customer satisfaction with their project performance. The Consultant will document its findings regarding the existing vendor in a Collier County Radio System Alternatives Analysis Report. Alternatives Analysis The Consultant will use their in-house toolset FEPerformanceProTM to analyze each of the alternatives. The Consultant has a long and successful history of using FEPerformanceProTM tools to develop practical solutions for hundreds of public safety and public service agencies, including simulcast and trunked P25 systems. These tools include the following: FECoverageTM - complete coverage analysis tool FEMapperTM - high-resolution mapping tool FENetworkTM -reliable network capacity analysis tool A-6 16E 3 FEMitigateTM - system-wide interference analysis tool (optional) FEPerformanceProTM uses ATDI's powerful ICS Telecom network planning software as its engine. ICS Telecom's accuracy in modeling communications networks, performing interference analyses, developing capacity planning and facilitating frequency planning has been validated by the federal government as well as Federal Engineering in field tests. The Consultant will produce a mutually-agreed to set of coverage maps depicting major geographic landmarks and the area topography, including scale, color schemes, highway/road data, jurisdictional boundaries, and desired performance characteristics. We will provide maps that depict coverage according to the County's reliability and coverage requirements. The Consultant will develop high-level cost assessments for each option and provide analysis and cost projections for leasing vs. purchasing. Collier County Radio System Alternatives Analysis Report The Consultant will provide a written Collier County Radio System Alternatives Analysis Report for the County review and comment. The Consultant will update the report accordingly and submit a final version to the County. Task 4 - Expert Presentation to Constituents and Stakeholders, including the Board of County Commissioners The Consultant will develop expert briefing materials on the alternative options for radio system replacement/upgrade and the attendant benefits, liabilities and costs of each approach. The Consultant will include in the presentation materials the results of the charette/techarette sessions and a preliminary recommendation for integrated communications. The Consultant will conduct two (2) separate constituent/stakeholder meetings and presentations (including one (1) with the Commissioners) to explain the options, solicit feedback and develop consensus on the plan to move forward. The Consultant will then update the Alternatives Analysis Report documenting the selected approach. Task 5 - Development of Mapping and Technical Specifications The Consultant will develop a Collier County Public Safety Radio System Technical Specifications for the selected alternative. The specifications describe the functional and performance requirements of the radio infrastructure in sufficient detail for vendors to submit consistent proposals and be verifiable through future acceptance testing. The actual detailed design of the system is left to the vendor. The Consultant's proven approach ensures specifications that are properly crafted to tightly define performance and at the same time encourage competition and innovation. The Consultant typically includes the following in their specifications: System functional, protocol, signaling, Migration and cutover/transition A-7 1 6 E 3 and operational requirements requirements, including continuity of Regulatory and standards compliance operations Leverage existing resources System performance, system reliability, Infrastructure equipment and redundancy Spectrum usage Subscriber specifications Required coverage and capacity Expandability to accommodate future mapping growth Radio system connectivity/backhaul Network management System delivery and installation Network and physical security Local, regional, state and federal User (operational) and technical staff interoperability training requirements Maintenance, warranty, local and Factory, interoperability, coverage, site, remote support system, and acceptance test guidelines Overall project schedule and and criteria implementation plan The Consultant will provide a draft to the County for review and comment. The Consultant will update the specifications accordingly and submit a final version to the County. Task 6 - Procurement Phase Support (Optional) The Consultant may assist the County during system procurement, providing expert technical recommendations and advice to the County during the entire competitive solicitation RFP process. Additional hours may be provided according to the terms in the Cost Proposal. These activities may include, but not limited to the following: • Assist the County with the distribution of the Request for Proposal(s) (RFP) • Attend and assist the County at the vendor pre-proposal conference • Respond to any technical questions from the bidders concerning the RFP(s) • Generate addenda to the RFP(s) as necessary • Develop evaluation criteria and weights for determining vendor qualifications and capabilities, compliance with the specifications, and cost comparisons • Assist with vendor proposal evaluations • Attend and assist with vendor best and final presentations as necessary Radio System Vendor Contract Negotiations The Consultant may provide the County with experienced contract negotiations support. Task 7- Implementation Oversight and Management (as requested by the County) The Consultant may provide these services to Collier County as well, refining the activities based on the final radio system specifications and approved vendor contract. Additional hours ,�-A-8 v 'v 16E 3 may be provided according to the terms in the Cost Proposal. These activities may include, but not limited to the following: Detailed System Design and Acceptance Test Plan Reviews: • Detailed system design and ATPs (vendor produces and presents, the Consultant reviews) • Shop drawings including structures (vendor or engineer produces, the Consultant reviews) • Factory test plan (vendor tests, the Consultant verifies results) Equipment Inspections: • Equipment list (vendor produces, the Consultant reviews) • System component delivery (vendor orders, the Consultant verifies) Installation Inspections • Site and subscriber installation inspections (radio and construction vendor, the Consultant observes and verifies) • Site inspections - workmanship, structural and civil work, etc. (radio and construction vendor, the Consultant observes and verifies) • Dispatch center console inspections (radio and console vendor, the Consultant observes and verifies) Migration Planning The Consultant is fully capable of providing detailed migration plans that provide overall timeline, maintenance plans for upkeep of legacy equipment, maintenance beyond end-of-life strategies, integration of legacy equipment into the P25 solution, phased replacement strategies for portable and mobile radios and integration strategies for non-public safety radio users. Testing Oversight Services The Consultant may also provide radio system testing oversight services. The following list of activities would be refined based on the final radio system specifications and approved vendor contract. Factory Testing • Factory testing at system vendor location (radio vendor tests, the Consultant observes and reviews test results) Field and Coverage Testing • Radio system coverage testing (radio vendor tests, the Consultant reviews test results) • Other system performance testing (radio vendor tests, the Consultant reviews test results) A-9( • lr 1 6 E 3 • System interoperability testing (radio vendor tests, the Consultant reviews test results) • Submit test results (radio vendor) • Rework unaccepted tests (radio vendor, the Consultant reviews test results) System Acceptance Testing • Final system acceptance test inspection and certification (FE reviews, evaluates, and provides recommendation) Additional Services: In accordance with the Agreement and/or Purchase Order, in the event that other services may arise during the course of the work, but were not envisioned as part of the original or amended scope of work, the Consultant shall submit a proposal to perform Additional Services prior to the performance of the work. The proposal shall include the specific services to be performed, time to complete, compensation, and an explanation as to why the services were not previously envisioned as part of the scope of work. The proposed Additional Services must be approved by the Project Manager in writing in advance of performance of said Additional Services. Failure to notify the Project Manager in writing of Additional Services shall be deemed a waiver of any claim by the selected Consultant that such services were Additional Services. Written authorization from the Project Manager will be required for any charges that exceed an existing Purchase Order amount, and the Purchase Order shall be modified to reflect the increase prior to any Additional Services being performed. Alternatively, a separate Purchase Order may be issued for the Additional Services. Ownership of Documents Upon the completion of, or termination of any Purchase Orders issued under this Agreement, Consultant shall deliver to the County copies or originals of all records, documents, drawings, notes, tracings, plans, specifications, maps, evaluations, reports and other technical data, other than working papers, prepared or developed by or for Consultant under this Agreement ("Project Documents"). The County shall specify whether the originals or copies of such Project Documents are to be delivered by Consultant. Consultant shall be solely responsible for all costs associated with delivering to County the Project Documents. Consultant, at its own expense, may retain copies of the Project Documents for its files and internal use. Notwithstanding anything in this Agreement to the contrary and without requiring County to pay any additional compensation, Consultant hereby grants to County a nonexclusive, irrevocable license in all of the Project Documents for County's use on this Project. Consultant warrants to County that it has full right and authority to grant this license to County. Further, Consultant consents to County's use of the Project Documents to complete the Project following Consultant's termination for any reason. Consultant also acknowledges County may be making Project Documents available for review and information to various third parties and hereby consents to such use by County. A-10 16E 3 EXHIBIT B "BASIS OF COMPENSATION " "14-6279 P25 Radio Consulting Services" 1. COMPENSATION TO CONSULTANT B.1.1 For the Basic Services provided for in this Agreement, COUNTY agrees to make payments in accordance with the terms stated below. Provided, however, in no event shall such compensation exceed the amounts set forth in the table below. Task Description LUMP SUM AMOUNT: LUMP SUM 1. Assessment of Current State of $23,341.00 Architecture 2. Charette and Techarette Designing $16,356.00 with Multiple Stakeholder Groups 3. Development of Options $32,800.00 4. Expert Presentation $6,956.00 5. Development of Mapping and $14,380 Technical Specifications TIME AND MATERIALS NOT TO EXCEED 5a Not-to-Exceed Fee for Reimbursable $10,353.00 Expenses for Tasks 1-5 Total Fee for Tasks 1-5a $93,833.00 TIME AND MATERIAL NOT TO EXCEED AMOUNT: 6. Procurement Support (as requested by $9,600.00 the County) 7. Implementation and Oversight (as $11,600.00 requested by the County) Total Fee for Tasks 6-7 $21,200.00 TOTAL FEE (Total Items 1-7) $115,033.00 2. TIME AND MATERIAL OR LUMP SUM B.2.1. All Services to be performed by Consultant pursuant to this Agreement shall be in conformance with the Scope of Services, which shall be described in a Purchase Order issued pursuant to the procedures described herein. Reference to the term "Purchase Order" herein, with respect to authorization of Services, includes all written Purchase Order Modifications or modifications to any particular Purchase Order. 2/43 -2 l ,.J/ 16E 3 B.2.1.2. All Services must be authorized in writing by County in the form of a Purchase Order. Consultant shall not provide any Services to County unless and to the extent they are required in a written Purchase Order. Any Services provided by Consultant without a written Purchase Order shall be at Consultant's own risk and County shall have no liability for such Services. B.2.1.3. As County identifies certain Services it wishes Consultant to provide pursuant to the terms of this Agreement, County shall request a proposal from Consultant for such Services, said proposal to be in compliance with the terms of this Agreement. The proposal must include the proper citation of the Service(s) in accordance with Exhibit A Scope of Services. If the parties reach an agreement with respect to such Services, including, but not limited to the scope, compensation and schedule for performance of those Services, a Purchase Order shall be issued which incorporates the terms of the understanding reached by the parties with respect to such Services. Services may be performed as Lump Sum, Time and Materials, or a combination of both. B.2.1.4. Upon issuance of a Purchase Order as aforesaid, Consultant agrees to promptly provide the Services required thereby, in accordance with the terms of this Agreement and the subject Purchase Order. B.2.1.5. It is mutually understood and agreed that the nature, amount and frequency of the Services shall be determined solely by County and that County does not represent or guarantee unto Consultant that any specific amount of Services will be requested or required of Consultant pursuant to this Agreement. B2.1.6. Consultant shall have no authority to act as the agent of County under this Agreement or any Purchase Order, or to obligate County in any manner or way. B.2.1.7. Purchase Order modifications: In the event that the need for changes to the Services under a Purchase Order may arise during the course of the work, the associated tasks may be modified at the request of the Project Manager or his designee. Written authorization from the Project Manager will be required, and for any changes that exceed an existing Purchase Order amount, the Purchase Order shall be modified to reflect the increase prior to any related Services being performed. Alternatively, a separate Purchase Order may be issued for the changes to the Services. B.2.1.8. All duly executed Purchase Orders (including all written modifications or Changes thereto) are hereby incorporated into and made a part of this Agreement by reference. 3. COMPENSATION TO CONSULTANT: B.3.1. For the Services provided for in this Agreement, County agrees to make payments to Consultant based upon Consultant's Direct Labor Costs and Reimbursable Expenses or as a Lump Sum per Task. B�-3 16E 3 B.3.2. Time and Material: Direct Labor Costs mean the actual salaries and wages (basic, premium and incentive) paid to Consultant's personnel, with respect to this Project, including all indirect payroll related costs and fringe benefits, all in accordance with and not in excess of the rates set forth in the Attachment I to this Exhibit B. B.3.3. With each monthly Application for Payment, Consultant shall submit detailed time records, and any other documentation reasonably required by County, regarding Consultant's Direct Labor Costs incurred at the time of billing, to be reviewed and approved by County. B.3.4. Lump Sum: As a condition precedent to payment, Consultant shall submit to County as part of its monthly invoice a progress report reflecting the Purchase Order task status, in terms of the total work effort estimated to be required for the completion of the Services authorized under the Purchase Order and any then-authorized Additional Services, as of the last day of the subject monthly billing cycle. Among other things, the report shall show all Service items and the percentage complete of each item. B.3.5. For Additional Services provided pursuant to this Agreement, County agrees to pay Consultant a negotiated total fee and Reimbursable Expenses or a Lump Sum based on the services to be provided. The negotiated fee shall be based upon the rates specified in Attachment 1 to this Exhibit B and all Reimbursable Expenses shall comply with the provisions of Section B.4.5.1. below. There shall be no overtime pay on Services or Additional Services without County's prior written approval. B.3.6. The compensation provided for under Section 3.1 of this Exhibit B, shall be the total and complete amount payable to Consultant for the Services to be performed under each Purchase Order issued under the provisions of this Agreement, and shall include the cost of all materials, equipment, supplies and out-of-pocket expenses incurred in the performance of all such services. B.3.7. Notwithstanding anything in this Agreement to the contrary, Consultant acknowledges and agrees that in the event of a dispute concerning payments for Services performed under this Agreement, Consultant shall continue to perform the Services required of it under this Agreement, as directed by County, pending resolution of the dispute provided that County continues to pay to Consultant all amounts that County does not dispute are due and payable. 4. SCHEDULE OF PAYMENTS: B.4.1. Consultant shall submit, with each of the monthly status reports and other documentation provided for under Sections 3.3 and 3.4 of this Exhibit B, an invoice for fees earned in the performance of Services and Additional Services during the subject billing month. Notwithstanding anything herein to the contrary, the Consultant shall submit no more than one invoice per month for Services and Additional Services. Invoices shall be reasonably substantiated, identify the services rendered and must be submitted in a form and manner required by County. Additionally, the number of the Purchase Order granting approval for such services shall appear on all invoices. B-4 tt;:--T,:,;,_; 1 bE 3 B.4.1.1. Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of contract. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this agreement. B.4.2. Invoices not properly prepared (mathematical errors, billing not reflecting actual work done, no signature, etc.) shall be returned to Consultant for correction. Invoices shall be submitted on Consultant's letterhead and must include the Purchase Order Number and the Project name and shall not be submitted more than one time monthly. B.4.3. Notwithstanding anything herein to the contrary, in no event may Consultant's monthly billings, on a cumulative basis, exceed the sum determined by multiplying the applicable not to exceed task limits set forth in the applicable Purchase Order by the percentage County has determined Consultant has completed such task as of that particular monthly billing. B.4.4. Payments for Additional Services of Consultant as defined in Article 3 hereinabove and for reimbursable expenses will be made monthly upon presentation of a detailed invoice with supporting documentation. B.4.5. Unless specific rates have been established in Attachment 1, attached to this Exhibit B, Consultant agrees that, with respect to any subconsultant or subcontractor to be utilized by Consultant for Additional Services, Consultant shall be limited to a maximum markup of five percent (5%) on the fees and expenses associated with such subconsultants and subcontractors. B.4.5.1. Reimbursable Expenses associated with Additional Services must comply with section 112.061, Fla. Stat., or as set forth in the Agreement, be charged without mark-up by the Consultant, and shall consist only of the following items: B.4.5.1.1. Travel expenses reasonably and necessarily incurred with respect to Project related trips, to the extent such trips are approved by County. Such expenses, if approved by County, may include coach airfare, standard accommodations and meals, all in accordance with section 112.061, F.S. Further, such expenses, if approved by County, may include mileage for trips that are from/to destinations outside of Collier or Lee Counties. Such trips within Collier and Lee Counties are expressly excluded. B.4.5.1.2. Expense of overtime work requiring higher than regular rates approved in advance and in writing by County. B.4.5.1.3. Other items on request and approved in writing by the County. B-5 f 16E 3 Exhibit B Attachment 1 14-6279 P25 Radio Consulting Services Title Hourly Rate Principal $290.00 Vice President $260.00 Director/Chief Consultant $170.00 Senior Consultant (Project Manager) $160.00 Senior Consultant (Technical) $160.00 *Senior Consultant (Technical) $145.00* Consultant $145.00 Senior Analyst $120.00 Analyst $90.00 Administrative / Computer Services $60.00 *Reduced rate is applicable during Task 7-Implementation Oversight and Management SUBCONSULTANT: Lump Sum COMMUNICATIONS ASSOCIATES, INC. $8,400 B-6 16E 3 EXHIBIT C "TRUTH IN NEGOTIATION CERTIFICATE" 14-6279 P25 Radio Consulting Services In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes, Federal Engineering, Inc., hereby certifies that wages, rates and other factual unit costs supporting the compensation for the services of the Consultant to be provided under the Agreement, concerning P25 Radio Consulting Services are accurate, complete and current as of the time of contracting. Federal Engineering, Inc. BY: TITLE: Qf0), c " DATE: O ? v Z ' l (fa c-i , 16E 3 EXHIBIT D "PROJECT SCHEDULE" 14-6279 P25 Radio Consulting Services Cumulative Number of Calendar Days For Completion Task from Date of Description Purchase Order Issuance for Services under this Agreement 1. Assessment of Current State of 15 Architecture 2. Charette and Techarette Designing with 15 Multiple Stakeholder Groups 3. Development of Options 25 4. Expert Presentation 35 5. Development of Mapping and Technical 40 Specifications 6. Procurement Support (as requested by TBD the County) 7. Implementation Oversight and TBD Management (as requested by the County) D-1 16E 3 FEDEENG-01 MSANDY , C-C3PRL7 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD!YYY) 7/1/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT CfNAME: ertiicate Department Preferred Insurance Services,Inc PHONE 703 667-5940 FAX 703 9914838 4035 Ridge Top Road,Suite 150 E-MAIL No.Ext):( ) (A/c,No):( ) Fairfax,VA 22030 ADDRRESS:certs @preferins.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:OneBeacon Insurance Company INSURED INSURER B: Federal Engineering,Inc. INSURER C: 10600 Arrowhead Drive#160 INSURER D: Fairfax,VA 22030 INSURER E: 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. ADDL SUBR POLICY EFF POLICY EXP INSR TYPE OF INSURANCE LIMITS LTR INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE I X I OCCUR X X 711-01-26-44-0003 07/01/2014 07/01/2015 DAMAGETORENTED 1,000,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ET X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMB aBct idEDtS SINGLE LIMIT $ 1,000,000 (Ea A X ANY AUTO 711-01-26-44-0003 07/01/2014 07/01/2015 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 3,000,000 A EXCESS LIAB CLAIMS-MADE X X 711-01-26-44-0003 07/01/2014 07/01/2015 AGGREGATE $ 3,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 406-03-74-85-003 07/01/2014 07/01/2015 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A 1,000,000 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Professional Liabili 711-01-26-44-0003 07/01/2014 07/01/2015 Per Claim/Agg 4,000,000 A Professional Liabili 711-01-26-44-0003 07/01/2014 07/01/2015 Deductible 25,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Hired car physical damage coverage included up to$50K limit",subject to deductible. Re: For any and all work performed on behalf of Collier County Collier County are Additional Insured with respect to General Liability regarding all work performed by the named insured. Waiver of Subrogation in favor of Additional Insureds applies to General Liability. Umbrella Liability Follows form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Collier County ACCORDANCE WITH THE POLICY PROVISIONS. Board of County Commissioners 3299 Tamiami Trail East,Suite 303 Naples,FL 34112-5746 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD