Agenda 02/13/2018 Item #16D1502/13/2018
EXECUTIVE SUMMARY
Recommendation to approve the purchase of Extended Warranty for Collier Area Transit’s (CAT)
existing Intelligent Transportation System (ITS) with Avail Technologies in the amount of $220,496
to allow continuous operation.
OBJECTIVE: To continue the current use of the ITS equipment and software with adequate vendor
support.
CONSIDERATION: On July 26, 2011, the Board of County Commissioners (Board) approved the
award of the Request for Proposal 11-5650 for the ITS for CAT to Avail Technologies, Inc. The original
contract included a five (5) year warranty which expired on January 31, 2018. The vendor has provided
staff with an estimate for the continued warranty for an additional three (3) years. Staff believes it is
within the best interest of the County to purchase the continued support and warranty for the hardware
and software of the ITS system from Avail Technologies, Inc. on a yearly basis in order to have
uninterrupted service for the real-time bus schedule and trip planning functionality among other ITS
items.
Historically Transit Federal Grants have been utilized for funding the support and warranty of the ITS
system and will continue to be pursued on an annual basis. Staff is requesting Board approval of the
three-year pricing, and grant funds will be utilized as they are awarded.
FISCAL IMPACT: Funding for the 2018 warranty period in the amount of $75,847 is available within
the Federal Transit Administration Section 5307 FY16 CAT Grant Fund 424, Project 33482. Funding for
the following years will be included in future annual FTA grant awards as an eligible item under
preventive maintenance of capital assets.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this
Executive Summary.
RECOMMENDATION: To accept the three-year proposal and approve the necessary payments to Avail
Technologies for the Extended Warranty and Support to ensure uninterrupted transit services.
Prepared By: Yousi Cardeso, Operations Analyst, Public Transit & Neighborhood Enhancement
ATTACHMENT(S)
1. CAT 2018 - 2021 Fixed Maintenance and Support Offer (PDF)
2. CAT 2018 - 2021 Maintenance & Support Agreement (PDF)
3. Avail Exemption.pdf (PDF)
16.D.15
Packet Pg. 920
02/13/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.15
Doc ID: 4669
Item Summary: Recommendation to approve the purchase of Extended Warranty for Collier Area
Transit’s (CAT) existing Intelligent Transportation System (ITS) with Avail Technologies in the amount
of $220,496 to allow continuous operation.
Meeting Date: 02/13/2018
Prepared by:
Title: Operations Analyst – Public Transit & Neighborhood Enhancement
Name: Yousi Cardeso
01/26/2018 8:52 AM
Submitted by:
Title: Division Director - Pub Tran & Nbrhd Enh – Public Transit & Neighborhood Enhancement
Name: Michelle Arnold
01/26/2018 8:52 AM
Approved By:
Review:
Public Transit & Neighborhood Enhancement Matthew Liveringhouse Additional Reviewer Completed 01/26/2018 9:31 AM
Public Transit & Neighborhood Enhancement Michelle Arnold Additional Reviewer Completed 01/26/2018 9:35 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 01/26/2018 9:48 AM
Public Transit & Neighborhood Enhancement Caroline Soto Additional Reviewer Completed 01/26/2018 12:02 PM
Procurement Services Barbara Lance Level 1 Purchasing Gatekeeper Completed 01/26/2018 3:42 PM
Procurement Services Ted Coyman Additional Reviewer Completed 01/30/2018 12:44 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 01/30/2018 2:17 PM
Grants Erica Robinson Level 2 Grants Review Completed 01/30/2018 3:43 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 01/30/2018 8:05 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 01/31/2018 7:57 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/01/2018 7:56 AM
Grants Therese Stanley Additional Reviewer Completed 02/02/2018 9:14 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 02/03/2018 7:22 PM
Board of County Commissioners MaryJo Brock Meeting Pending 02/13/2018 9:00 AM
16.D.15
Packet Pg. 921
August 7, 2017
Matt Liveringhouse
Collier Area Transit
3299 Tamiami Trail East, Suite 103
Naples, FL 34112
Re: Extension of ITS System Maintenance and Support Offer Years 6 through 8
Dear Mr. Liveringhouse
Avail Technologies, Inc. is pleased to provide Collier Area Transit with this offer to extend the system maintenance and
support for your Avail Fixed ITS system. Year 5 of support is due to run out on January 31, 2018.
3‐year commitment with annual payment at start of each plan year
The following table outlines the selected years of annual support payments due to Avail for Support
Years 6 through 8.
If you are acceptant of the plan, please make your election as indicated below, then sign below and return to Avail for
counter signature. Please e‐mail or FAX the page to contracts@availtec.com or FAX to 814.234.3393. We will include
the invoice with the return countersigned page.
In closing, we hope you find the information we have provided here helpful and that it demonstrates the level of
commitment that Avail has to Collier Area Transit and the strong value that we offer. If you have any questions, please
do not hesitate to contact Gina Hess at 814.234.3394 x1030 or via e‐mail at ghess@availtec.com
Sincerely,
Jeffrey Pogue
Chief Financial Officer
16.D.15.a
Packet Pg. 922 Attachment: CAT 2018 - 2021 Fixed Maintenance and Support Offer (4669 : Avail Extended Warranty)
Extension of ITS System Maintenance and Support Offer
1960 OLD GATESBURG ROAD, SUITE 200, STATE COLLEGE, PA 16803 | P 814.234.3394 | F 814.234.3393 | WWW.AVAILTEC.COM
Maintenance and Support Plan
Date of offer is valid until February 28, 2018
Endorsement – Collier Area Transit accepted the offer of (Circle One)
3‐Year Offer (Annual Payment) ‐ $220,496 First Year Payment ‐ $75,847
Avail Technologies Collier Area Transit
8/07/2017
Jeff Pogue Date Signature Date
VP of Operations
Print Name and Title
16.D.15.a
Packet Pg. 923 Attachment: CAT 2018 - 2021 Fixed Maintenance and Support Offer (4669 : Avail Extended Warranty)
Extension of ITS System Maintenance and Support Offer
1960 OLD GATESBURG ROAD, SUITE 200, STATE COLLEGE, PA 16803 | P 814.234.3394 | F 814.234.3393 | WWW.AVAILTEC.COM
ITS SYSTEM MAINTENANCE & SOFTWARE UPGRADE PLAN
Avail offers a comprehensive Maintenance & Software Upgrade plan designed to protect your Intelligent
Transportation System (ITS) technology solution investment. Today’s modern Public Transportation Agency relies
on these technologies to help them provide the most safe, efficient, and reliable service to their clients that depend
on them. Following the latest FTA best‐practices, our plan ensures that through continued maintenance your ITS
investment will not only serve you and your passengers reliably for many years to come, but that it will be the only
ITS system you will ever need to invest in.
Our plan is comprised of 3 key components, each with numerous benefits:
1. Traditional & Extended Warranty & Support plan to ensure the reliability of your system
Includes standard phone, email, and remote debugging support;
Includes 24/7 Support
Includes software bug fixes and hardware RMA return & repair
2. Software Upgrades to keep your software current with the latest features
Includes annual software update to latest release of your software
Includes training on new features and reports
3. And finally, our exclusive Follow‐on Adoption Support Training (FAST) to ensure your technologies are
fully adopted for maximum return on your technology investment
Includes creation and maintenance of a long‐term technology plan to ensure your
technologies will continue to support you as your operational needs change
Includes onsite follow‐on training (at least one 2‐day visit annually) and unlimited remote
training sessions
Includes invitation to Annual FAST user conference
Please refer to your Maintenance & Support Agreement for details on terms of your specific coverage and a detailed
listing of your software & hardware that is covered.
16.D.15.a
Packet Pg. 924 Attachment: CAT 2018 - 2021 Fixed Maintenance and Support Offer (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 1
Avail Technologies, Inc. (rev 2015)
Maintenance and Support Agreement
THIS AGREEMENT ("AGREEMENT"), by and between Collier County, a political subdivision of the State of
Florida, operating as Collier Area Transit located at 3299 Tamiami Trail East, Suite 103, Naples, FL 34112
hereinafter "PROPERTY ", and AVAIL TECHNOLOGIES, INC., a corporation, located at 1960 Old Gatesburg
Road, Suite 200, State College, PA 16803, hereinafter called "AVAIL", collectively referred to as the
"PARTIES", shall become effective the start of Operational Test.
WHEREAS, AVAIL has licensed to the PROPERTY certain systems as specified in the Software License
Agreement of near or even date herewith (the "License Agreement") and PROPERTY wishes to have AVAIL
perform maintenance services on the software and associated hardware of the licensed systems pursuant
to the following terms and conditions and the terms and conditions of the License Agreement:
1. Description and Term
a. Systems Covered
The materials covered in this Agreement are the hardware and software required for
deployment of the AVAIL Intelligent Transportation System (ITS). The software which
includes AVAIL's myAvail Software Suite ("Software"), is defined and more fully described
in, and subject to, the signed Software License Agreement, as updated with any
improvements or modifications furnished to PROPERTY hereunder;
b. Sites
3299 Tamiami Trail East, Suite 103, Naples, FL 34112
c. Term
The initial term shall be for three years (3) ending January 31, 2021. The Agreement shall be
reviewed by both Parties for any renewal of term at least sixty (60) days prior to the
expiration of the current term.
2. Definitions
a. "Specifications" shall mean the documentation to which the Software must conform as set
forth in the license Agreement;
b. “Error" shall mean a material and reproducible failure of the Software to function in
conformity with the Specifications.
c. “Additional Services” shall mean any service that is not covered by this agreement;
d. “Hosted Support” shall mean AVAIL will house, implement, maintain and backup the
customer fixed‐end system on AVAIL owned (or leased) equipment for the duration of the
contract period.
e. “Anniversary” shall mean the beginning date of the support period and the annual
occurrence of that date for the duration of the defined support period.
f. “Current Support Period” shall mean the inclusive dates of support as provided in Sec 1.c
16.D.15.b
Packet Pg. 925 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 2
Avail Technologies, Inc. (rev 2015)
3. Customer Support Plans
a. Customer has elected the level of support as defined in Figure 1
4. AVAIL Responsibilities
During the term of this Agreement, AVAIL shall provide the following support measures.
a. There are two problem resolution standards for the levels of support (See Figure 1):
1. General Provision:
i. Telephone hot line access for problem and error reporting and response of
diagnostic services (814‐234‐3394 x1050);
ii. Ability to initiate support requests via e‐mail to Support@Availtec.com
iii. AVAIL shall staff their Call Center during regular business hours see Figure
1. In case of a support call, AVAIL will want to collect the pertinent
information as soon as practical. In the event that AVAIL cannot answer the
initial call, a voicemail service shall be operative as a backup system;
2. Routine Care – (as defined in Figure 2)
i. AVAIL shall respond to the call as stated in Figure 2;
ii. The problem will be entered into the AVAIL tracking system, entering the
Caller's Name, Property Name and Contact Phone Number;
iii. AVAIL shall keep PROPERTY advised of a plan for resolution of the error as
soon as practical;
iv. If the error occurs after AVAIL business hours, the Caller shall still leave a
voice message with the same information as listed above.
3. Urgent Care – (as defined in Figure 2)
i. AVAIL will respond to a call as stated in Figure 2;
ii. Upon receipt of the call, the Support Team will immediately begin to assess
the error and begin the process of resolving the problem. Resolution shall
be conveyed to PROPERTY as soon as practical;
iii. The error will be entered into the AVAIL tracking system:
iv. On‐site response for requests for remedial support and diagnostic repair
services in response to shall be pursuant to Figure 2 of this Agreement.
4. System Self‐Diagnostics and Self‐Healing capabilities
i. Through the use of sophisticated software monitoring system, the system
will notify the operations staff of potential system degradation and alerts
the on‐call staff via message 24 hours / 7 days a week.
ii. Through these same techniques, the system has the capability to self‐heal
processes that have stalled or failed.
16.D.15.b
Packet Pg. 926 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 3
Avail Technologies, Inc. (rev 2015)
5. PROPERTY Responsibilities
PROPERTY shall give AVAIL, their full cooperation to facilitate proper and prompt performance of
the Support Services and any additional services that the PARTIES agree.
PROPERTY shall provide:
a. A key technical contact that shall be familiar with the System to provide adequate
information and feedback in order to facilitate problem reporting and resolution;
b. The key technical contact will be aware of the terms and conditions under which
AVAIL Systems provides after hours support:
c. Promptly notify AVAIL of any error in the System;
d. Provide sufficient information for AVAIL to effectively diagnose errors including a
detailed description of the issue in text format, an explanation of what the user was
doing when the issue occurred, any error messages that the system returned, screen
shot images of the error, the current status of the system, a determination if the
system is functional, and a state retrieval, if requested;
e. Permit AVAIL to take such reasonable steps as AVAIL shall consider necessary to
remedy any errors;
f. Allow AVAIL prompt and reasonable access to:
i. PROPERTY's physical sites, at the locations specified in the Support Plan of
this Maintenance and Support Agreement.
g. Provide a safe and secure work environment at the site(s) for AVAIL's authorized
personnel performing Support Services and additional services on‐site.
PROPERTY shall not permit any person other than authorized AVAIL personnel to make corrections
or in any way modify the Software. Any work, repair, replacement, remedial support, emergency
support, or correction necessary will be in violation of this provision shall be considered additional
services.
6. Software Maintenance
AVAIL shall notify and make available to the PROPERTY all, Purchased Feature Enhancement and Bug
Fixes to the software for the current software license. The nature and extent of the elements to be
included or covered in any Enhancement, or Bug Fix shall be determined solely by AVAIL.
Purchased Feature Enhancements and Bug Fixes will be made available to the PROPERTY at no
additional charge other than the costs for additional hardware, configuration, integration, testing, travel
and lodging and per diem, provided they are current in their payment for Maintenance and Support fees.
In the event the PROPERTY has elected not to pay the Maintenance and Support Fees, they may obtain
updates of a Purchased Feature Enhancements and Bug Fixes by paying the aggregate annual
Maintenance and Support Fees which would otherwise have been due from the date of discontinued
Maintenance and Support Services to the date such Purchased Feature Enhancement or Bug Fixes
becomes generally available.
As soon as practical, AVAIL will provide the PROPERTY with information relating to any software New
Features during the term of this Agreement. New Feature Purchase shall be negotiated and agreed to
16.D.15.b
Packet Pg. 927 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 4
Avail Technologies, Inc. (rev 2015)
in writing, between the PARTIES, prior to any work beginning on the requested task. All efforts shall be
made by the PROPERTY to provide AVAIL access to the individual Software server through the VPN
process. Any New Feature Purchases, Purchased Feature Enhancement and Bug Fixes provided shall be
governed by all of the terms and provisions of this agreement.
Upon notification, the PROPERTY shall have six (6) months from receipt of such notice to authorize
AVAIL to deliver the product, provided they are current in their payment for support fees. All New
Feature Purchases, Purchased Feature Enhancements, or Bug Fixes provided, shall be considered
Software for purposes of the Software License Agreement and this Maintenance and Support
Agreement.
AVAIL agrees to provide to the PROPERTY the elected level of support as defined in section 3a for the
Software and any subsequent upgrades during the full term of this Agreement (including all renewals)
through the end of this contract or any subsequent extension of Maintenance and Support Services;
provided that the PROPERTY has paid the applicable Maintenance and Support Charges hereunder as
and when they become due. AVAIL agrees that its failure to continue to provide such support shall
constitute a material breach of this Agreement.
AVAIL agrees to provide to the PROPERTY the Level of Support as stated in Figure 1 for the Software
and any subsequent upgrades during the full term of this Agreement (including all renewals) through
the end of this contract or any subsequent extension of Maintenance and Support Services; provided
that the PROPERTY has paid the applicable Support Charges hereunder as and when they become due.
AVAIL agrees that its failure to continue to provide such support shall constitute a material breach of
this Agreement.
7. Maintenance and Support Services
a. PROPERTY shall pay the Maintenance and Support charges set forth, and
PROPERTY will receive technical support for the term of this Contract;
b. Provided PROPERTY has paid the applicable Maintenance and Support, AVAIL shall
support the Hardware and Software as set forth in this Agreement;
c. Corrections ‐ For a period of Twelve (12) months following the release of a Major
Release upgrade, AVAIL will use reasonable efforts to support any previously
Release of that Software program. AVAIL shall advise PROPERTY as soon as
practical, of the intention to discontinue support services of any version of AVAIL
software currently in use by PROPERTY. AVAIL shall also maintain this requirement
for the subcontractors they use for this Project;
d. AVAIL shall have no obligation to correct problems which are traced to any
PROPERTY errors, modifications, enhancements, software or hardware;
In the event that AVAIL provides any additional services requested by PROPERTY, AVAIL shall invoice
for such additional services based upon its then‐current time and material rates. PROPERTY shall pay
all charges for such additional services upon receipt of proper invoice and in compliance with Chapter
218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act.” Any late interest
fees shall be pursuant to Section 218.74, Fla. Stat. Charges for additional services may include fees for
labor, materials, hardware components, shipping, software, documentation, and/or other products or
services and associated expenses, including reasonable travel expenses incurred by AVAIL when
providing additional services at PROPERTY's request.
16.D.15.b
Packet Pg. 928 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 5
Avail Technologies, Inc. (rev 2015)
Additional Maintenance and Support, which shall follow the completion of the three (3) years of support
may be extended for an agreed upon timeframe by the PARTIES. The cost would be at AVAIL's then‐
current standard Maintenance and Support Fees for as long as AVAIL offers such support. The intent is
to make payment of the applicable fees in advance of each anniversary of the completion date. If
PROPERTY purchases Maintenance and Support for any copy of the Software, it must purchase
Maintenance and Support for all licenses of such Software unless PROPERTY has discontinued the use
of certain licensees within the Avail Suite of purchased and installed modules.
8. Travel Expenses
Travel expenses shall be reimbursed as per Section 112.061, Fla. Stat. and must be pre‐approved in
writing by the PROPERTY.
9. Confidentiality
Confidentiality of information contained in this agreement is subject to the requirements of the Florida
Public Records Act, Chapter 119, Fla. Stat., and the Florida Sunshine Law, Chapter 286, Fla. Stat.
10. Maintenance and Support
AVAIL represents to PROPERTY that all services provided hereunder will be performed in a workmanlike
manner.
This Maintenance and Support agreement includes the software and hardware listed below for this
entire term. If during the period of this Maintenance and Support Agreement, any software or device of
the System were to become obsolete, AVAIL agrees to work with PROPERTY to provide a replacement
device and to ensure its downward compatibility with the rest of the deployed system.
11. System Support:
AVAIL will provide remote and, if necessary, on‐site system support as per Section 11.C, for the term
specified in this Agreement, for all software initially provided by AVAIL for sustaining the accepted
system configuration;
1. AVAIL will provide consultation to PROPERTY’s Key Technical Contact by Phone
and Remote Diagnostic System Support to:
i. Facilitate remote troubleshooting and solution implementation;
ii. Acquire and review data logs for problem identification via remote access
line;
iii. Provide problem analysis and possible resolution;
iv. Diagnose reported software and system problems. PROPERTY must
maintain remote access capability for AVAIL. Remote access will be via a
VPN connection;
v. Assist in arranging for service and support of non‐warranted components.
AVAIL can, at PROPERTY’s request, provide non‐warranted service and
support. (i.e. LAN interface to the Communications system and Installation
/ Removal Services). AVAIL will not be responsible for the service call or
system repair costs. Such costs will be billed to PROPERTY.
2. Exceptions:
i. If it is determined by AVAIL that a system problem was not due to an AVAIL
installed component, PROPERTY will be responsible for all engineering and
16.D.15.b
Packet Pg. 929 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 6
Avail Technologies, Inc. (rev 2015)
technical support, time and material costs. All labor will be charged at
AVAIL's prevailing rates;
ii. On‐site support is not included in the offer but is available on a time and
material basis. However, AVAIL will provide remote support to PROPERTY
without additional charge.
12. Maintenance and Support Components
a. Software (includes all applicable license fees):
Software
myAvail DataPoint
myAvail Replay
myAvail TALE
VitalPoint
myAvail Dispatch
myAvail TIDS Prediction Engine
myStop Web – site license, internet application
myStop Text
myStop iPhone App
myStop Android Web
myStop Alerts
myStop Subscription
b. Covered Hardware Equipment –
Vehicle Hardware Quantity
In‐Vehicle Unit (IVU) 6
IEB 19
V9000 19
mSlate 6
Annunciators 19
APC’s 25
Sunrise Signs 25
RCU 6
PA Amplifier 6
Power Filter 6
c. Non‐Covered Computer Equipment
1. Computers & Servers –
16.D.15.b
Packet Pg. 930 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 7
Avail Technologies, Inc. (rev 2015)
i. ThinClient Workstations – Warranty Expired May 2015
a. S/N: S2E6DL301668, S2E6DL302218, S2E6DL302712 &
S2E6DL302730
d. Products deemed defective will be repaired at no additional cost for parts, material and
labor. Products will be replaced, instead of repaired, at AVAIL discretion.
e. System Maintenance:
1. PROPERTY is responsible for equipment replacements as required for all installed
equipment including:
i. In‐Vehicle Equipment;
ii. Wireless Modem;
iii. Wireless LAN;
iv. Wayside Sign Component modules.
2. System Maintenance includes removal of equipment, replacement with a spare,
initial triage diagnostics and shipping to a designated repair point. Any item to
AVAIL must follow AVAIL’s RMA procedures;
i. PROPERTY is responsible for shipping cost to AVAIL or designated repair
point. Return shipment to PROPERTY is at AVAIL’s expense.
f. Exceptions:
1. Non‐technical hardware items such as batteries, racks, cables, connectors,
mounts, handsets, speakers, antennas, sign audio buttons, KVM switches,
network switches, memory storage media, panels and punch blocks are wear
items and are not covered beyond the Vehicle Installation Support;
2. AVAIL is not responsible for:
i. Products that are not used and serviced according to the training and
instructions provided by AVAIL;
ii. Products that have been altered, repaired or modified without prior consent
from AVAIL;
iii. Products damaged by any third‐party equipment or intervention, force of
nature or other conditions not in AVAIL’s control;
iv. Products damaged due to negligence or abuse.
v. Cost, loss or damages resulting from the use of AVAIL supplied products,
including but not limited to, loss of time, inconvenience and loss of
production;
vi. Shipping and shipping related costs of products mailed to AVAIL;
vii. Products damaged during the shipping process to AVAIL;
viii. Cost associated with parts, materials and labor provided by PROPERTY’s
Maintenance personnel.
3. AVAIL may evaluate items not covered under Maintenance and Support and an
assessment will be provided to PROPERTY. If PROPERTY agrees with the
assessment, they will be charged for the labor to complete the evaluation,
shipping and shipping related costs, parts and materials used and repair labor. If
PROPERTY elects not to repair the item, only the labor required for the
assessment will be charged. All labor is charged at AVAIL’s prevailing rates for the
required skill level.
g. Time and Material Charges for Non‐Supported Hardware Repairs or Support:
1. To maintain system support coverage, all systems hardware must be returned to
AVAIL for repair or approved for repair by AVAIL at a specified repair facility;
16.D.15.b
Packet Pg. 931 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 8
Avail Technologies, Inc. (rev 2015)
2. Any returned unit may be repaired or replaced at the sole discretion of AVAIL;
3. AVAIL will charge a minimum of one (1) hour for each issue or return with
subsequent increments billed at one‐quarter (1/4) hour intervals at AVAIL’s
prevailing rate charges (Please refer to Figure 1);
4. Charges for non‐supported repair / replacement or support will include the
prevailing Preferred Customer rates (subjected to periodic updates)
5. Travel and associated travel labor costs for on‐site work (if required) are not
included and will be invoiced to PROPERTY at travel costs shall be pursuant to
Section 8 of this Maintenance and Support Agreement. An estimate of on‐site
costs will be provided prior to any travel expenses being incurred.
h. Installation
1. Vehicle Installation 90 – Days
i. Cellular Communications Service
1. N/A
16.D.15.b
Packet Pg. 932 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 9
Avail Technologies, Inc. (rev 2015)
j. System Maintenance Logging
1. All system maintenance or repair information, whether Hardware or Software, is
collected and recorded via CRM Case Logs entry, RMA Tracking for Hardware
and Configuration Management tools for Software.
k. Limits of Maintenance and Support Plan
The maintenance and support set forth in this agreement is a limited maintenance and
support plan. The hardware and software, included under the initial installation, new feature
purchases, purchased feature enhancements or bug fixes, are subject to the
representations, warranties, indemnifications, limitations and disclaimers set forth in the
license agreement.
1. Limitation of Liability
i. Indemnification by the PROPERTY is subject to the limitation set forth in
Section 768.28, Fla. Stat.
ii. Aside from the provisions listed in the contract and section 9 of the Software
License Agreement Avail shall not be liable for any loss of profits, any
incidental, special, exemplary or consequential damages; or any claims or
demands brought against property or any third party.
iii. PROPERTY may terminate this Agreement for convenience with a thirty
(30) day written notice. In the event that the Agreement is terminated,
Avail’s recovery against the PROVIDER shall be limited to that portion of the
Agreement Amount earned through the date of termination. Avail shall not
be entitled to any other or further recovery against the PROVIDER,
including, but not limited to, any damages or any anticipated profit on
portions of the services not performed or materials not provided.
2. Termination
i. Notwithstanding the foregoing, all provisions here of relating to
confidentiality, proprietary rights, nondisclosure, indemnity and limitations
of liability shall survive the termination of this agreement. In the event of
termination under this paragraph, property will not be entitled to any
refund of any portion of the fees paid to Avail under this agreement, unless
Avail:
a. Materially breaches this agreement and fails to cure such breach
within thirty (30) days after notice from property;
b. Delivers a notice that the software has been declared obsolete or
withdrawn from sale;
c. Otherwise discontinues providing standard level of support for the
myAvail software suite:
ii. Avail shall refund to property an amount equal to the aggregate support
charges paid by property for the time during which the standard level of
support services was not provided to property.
16.D.15.b
Packet Pg. 933 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 10
Avail Technologies, Inc. (rev 2015)
Figure 1 ‐ Maintenance and Support Plan
Available Customer Support Plans
Plan Description
Standard
Business Hours
Support
Routine Care and Urgent Care are provided during
standard business hours. Progress updates provided
every two business hours.
If needed for a non‐covered item, Time and Material
charge mechanism must be in place before work will
commence
Included in this
Agreement
Extended Hours
Support
Urgent Care response 24/7 access to the Avail Support
Team which includes Standard Business Hours Support
and all NON‐business hours of coverage to support
Urgent Care needs.
A customer support line to contact the on‐duty support
engineer at Avail.
The continuation of Urgent Care resolution after
Standard Business Hours.
Progress updates provided every 2nd hour (or as agreed
by your team).
Included in this
Agreement
Hosted System
Includes all features of Standard Business Hour Support
and Extended Hours Support
Avail operates and maintains the fixed end computer
system in our dedicated data center operation
Avail connects to your high‐speed communications
interface provider
Avail maintains system backup services and operational
system redundancy
Includes system hardware maintenance and software
release maintenance and upgrades
Avail provides the staff for operation and maintenance of
the computer system at the hosted location
Included in this
Agreement
16.D.15.b
Packet Pg. 934 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 11
Avail Technologies, Inc. (rev 2015)
Figure 2 ‐ Maintenance and Support Plan
Problem Resolution Standards
Level Definition Target Action
Routine Care
Production use of the system is possible,
but a business function is disabled and no
workaround exists;
This category also applies to problems
which severely impact the progress of an
implementation project where no
workaround exists.
Initial response within (4) four business
hours;
Resource assigned within a day and
remains assigned until resolution;
Activity to resolve problem during
business hours;
Target Resolution: 72 hours.
Urgent Care
Business Critical – Production use of the
system is not possible;
No communication with vehicles and no
workaround exists;
PROPERTY requires resolution urgently
do to financial, legal and public risk
exposure.
Initial response within (1) one business
hour for Standard Business Hours
Support;
Extended Hours Support response time
will be one (1) hour
Resource assigned immediately and
remains assigned until resolution;
Immediate activity to resolve problem;
Target Resolution: 24 hours.
Prevailing Labor Charges for non‐Supported Repairs and Services
a. Software Engineer ‐ $161.00/hour
b. Technician ‐ $92.00/hour
Avail will provide the PROVIDER notice of the changes to the rates.
Reporting Process:
1. Contact the Call Center and register problem with system ‐ (814)‐234‐3394 (extension 1050);
2. If no answer at the Call Center, be sure to leave caller name, property name and contact phone
number, description of problem;
3. Alternate contact:
a. E‐mail‐ support@availtec.com
b. 24/7 Support – Call 814‐234‐3394 x1050, when asked for pin #, enter 7111
Standard Business Hours:
1. Monday through Friday;
2. 7:30 AM to 6:30 PM EST;
3. National holidays excluded.
a. January 1st, Memorial Day, July 4th, Labor Day, Thanksgiving and the following Friday, December
25th. (NOTE: If the Holiday falls on a Saturday, AVAIL is closed on the preceding Friday. If a
Holiday falls on a Sunday, AVAIL is closed on the following Monday).
Work Flow:
16.D.15.b
Packet Pg. 935 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Maintenance and Support Plan February 1, 2018 – January 31, 2021
Collier Area Transit
Submitted by: Page 12
Avail Technologies, Inc. (rev 2015)
Upon receipt of an issue, AVAIL support staff will begin documentation of the issue. The documentation
shall record all pertinent information that has been received either by telephone or email. Following
completion of the gathering of information regarding the problem, AVAIL support staff will categorize the
issue and communicate the target action back to PROPERTY contact.
Once a problem has been identified, AVAIL support staff will work with AVAIL or third‐party engineering
staff to determine an appropriate solution timeframe. Once the solution has been tested and proven viable,
AVAIL support staff will contact PROPERTY to make arrangements for implementation. In the event that
the solution cannot be tested and implemented within the timeframe that was initially communicated to
PROPERTY, AVAIL support staff will attempt to implement a workaround for PROPERTY while pursuing
resolution. In all cases, AVAIL will attempt to minimize the amount of time necessary to resolve the issue.
If AVAIL personnel cannot recreate the problem in the lab configuration, additional information may be
required from PROPERTY. This may include but is not limited to screen shots in .bmp or .jpg format and/or
retrieval of files from the affected software.
AVAIL will endeavor to resolve any system problems remotely through use of a Virtual Private Network
(VPN). If both parties deem it necessary to travel to PROPERTY premises to resolve the problem, the on‐site
engineering /technical support services are included in this agreement. The cost for the travel and living
expenses shall be agreed upon between the PARTIES. The engineering / technical support services rendered
will be billed to PROPERTY if it is determined while on site that the problem resolution was not due to
AVAIL's inability to re‐create and resolve the problem remotely.
Authorization
Avail Technologies, Inc. Collier Area Transit
_____________________________ 01/30/2018 _____________________________ ________
Signature Date Signature Date
_____________________________ _____________________________
Printed Name Printed Name
_____________________________ _____________________________
Title Title
Jeffrey Pogue
Chief Financial Officer
16.D.15.b
Packet Pg. 936 Attachment: CAT 2018 - 2021 Maintenance & Support Agreement (4669 : Avail Extended Warranty)
Instructions
Requester Name:Vendor Name:
Division:Item / Service:
Budget Year:Anticipated Cost per Fiscal Year:
One time purchase:Multiple Purchases:
Description of Purchase:Enter a description of the item(s) items that will be purchased under this exemption.
Purpose:Describe in detail, the purpose of the requested item(s).
Exemptions from the Competitive Process
Yousi Cardeso Avail Technologies
PTNE Warranty
FY18
1/31/18 to 1/31/21
Extended Warranty for existing Collier Area Transit's (CAT)Avail Technologies Intelligent Transportation System.
CAT purchased in 2012 through an RFP procurement from Avail Technologies an Intelligent Transportation System for the fixed route and
paratransit systems.The contract included the first 5 years of warranty and now it is going onto 6 years.Having the continued support and
warranty for this costly hardware/software system which CAT uses on a daily basis for its operations is very important to keep the all units in
working condition.
Yousi Cardeso yousicardeso@coll
iergov.net
Digitally signed by
yousicardeso@colliergov.net
DN: cn=yousicardeso@colliergov.net
Date: 2018.01.23 14:16:30 -05'00'1/23/18
Michelle Arnold arnold_m Digitally signed by arnold_m
DN: dc=net, dc=colliergov, dc=bcc, ou=Divisions, ou=PSD,
ou=PSD Public Transit and Neighborhood Enhancement
Department, ou=PTNE User Accounts, cn=arnold_m,
email=MichelleArnold@colliergov.net
Date: 2018.01.30 13:54:58 -05'00'
1/24/18
Cat Bigelow Cat Bigelow Digitally signed by Cat Bigelow
DN: cn=Cat Bigelow, o=Collier County
Government, ou=Procurement Services,
email=catherinebigelow@colliergov.net, c=US
Date: 2018.01.30 12:36:28 -05'00'
tedcoyman@collier
gov.net
Digitally signed by
tedcoyman@colliergov.net
DN: cn=tedcoyman@colliergov.net
Date: 2018.01.30 12:40:48 -05'00'
16.D.15.c
Packet Pg. 937 Attachment: Avail Exemption.pdf (4669 : Avail Extended Warranty)