Revised RFP

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Revised RFP

  1. 1. Request for Proposal Maine Crash Reporting System Upgrade/Enhancements June 4, 2008 RFP #200805223 Revised July 22, 2008 Page 1 of 56
  2. 2. FOR PROPOSALS ISSUED BY MAINE DEPARTMENT OF PUBLIC SAFETY, BUREAU OF HIGHWAY SAFETY Section 1 General Information 1. Introduction The State of Maine, Department of Public Safety, Bureau of Highway Safety is seeking proposals to update and upgrade the existing Maine Crash Reporting System. The upgrade project will be conducted in three phases. The contract also includes support and helpdesk services for the application. The first phase of the project will consist of the following: • Update the MCRS application functionality to Microsoft’s .NET architecture from VB6. • Implement the use of XML Schema Definition (XSD) and Extensible Stylesheet Language (XSL) files. • Migrate and update the current Oracle 10G server database to Microsoft SQL Server 2005 and match the data elements. • Facilitate a crash form revision. • Implement a Security Module. • Implement a Case Management Module. • Update the current Import Service. • Update the current Export Service. • Update and improve the current Crash Location Mapping System. • Update the current Email Processor. • Create an automated Client Update Module. The update to the current MCRS application will include adding several data elements and attributes to increase the Maine’s compliance with the Minimum Model Uniform Crash Criteria (MMUCC). This MCRS update will also include adding several attributes to several elements to accommodate the Maine Warden Service’s use of MCRS and facilitate the identification of On-Road System and Off-Road System crashes. The Second phase will consist of the following: • Update the current Bureau of Motor Vehicle (BMV) XML export. • Update current Maine Department of Transportation (MDOT) Synchronization Service to work against the SQL Server 2005 database and added crash data elements. • Update the current MDOT Crash Analysis System to work against the SQL Server 2005 database and added crash data elements. • Update the current Web Based Standard Reports. Page 2 of 56
  3. 3. • Upgrade the current client based Ad Hoc Report application to a Web based Ad Hoc Report application. • Update the current Map-Based reports. The Third phase includes creating a BMV query (operator and vehicle registration) autofill function and creating a Crash Data Warehouse that will provide Maine crash data analysts with dynamic drill-down, data mining, decision support functionality, and pivot table analysis capabilities. The State is seeking technical assistance to the Bureau of Highway Safety and the State of Maine Traffic Records Coordinating Committee (TRCC). This assistance will ensure the interoperability of crash data systems utilized by Maine state agency partners and stakeholders, develop the Section 408 grant applications and annual progress reports, and conduct meetings with the TRCC. The State also seeks system maintenance and helpdesk support services for the above mentioned software products for the term of the contract. The purpose of the maintenance and help desk agreement is to ensure high availability of the system, error-free system operation and result in continued success with statewide electronic crash data collection. Help desk and support services are provided to state agencies and other Maine Crash Reporting System agency users such as municipal police departments and county sheriff units across the State of Maine. This Request for Proposal states the work to be performed, instructions for submitting proposals, the procedures and criteria by which the vendor will be selected and the standard contractual terms which will govern the relationship between the State and the selected provider. 1.1 Background The Maine Crash Reporting System (MCRS) uses a collection of computer networks and software modules to collect, verify, store, edit, report, and print Maine’s traffic crash information. In 1996 the National Highway Traffic Safety Administration (NHTSA) conducted an assessment of Maine’s paper based Crash Reporting System. NHTSA found significant inefficiencies relating to timeliness of reports and duplication of effort between agencies using the crash data. Some crash report data was not entered into the crash system for six months or longer. Crash data on the paper forms, especially crash location, was found to be less accurate than hoped. Maine decided to develop an electronic crash system with location wizards and data validation audits to improve ease of use, timeliness and accuracy of crash data. In 1998 Maine selected a software vendor to create an electronic Crash Reporting System that could be used in a mobile environment as well as an office based environment. The Maine Crash Reporting System (MCRS) was developed to enable all police departments in the state to submit crash reports electronically in an xml format and utilizes a collection of computer networks and software modules to collect, verify, store, edit, report, and print crash information. The Maine Crash Reporting System was designed to allow submission of crash data using several communication methods. Many departments submit their crash report data in an automated fashion through the use of Maine’s Criminal Justice Page 3 of 56
  4. 4. Information Network (CJIN). This method allows the police department to place the completed and approved crash reports in an “export” folder awaiting retrieval by an Import Manager housed on a central computer at the Maine State Police Traffic Safety Office. Other police departments submit crash report data via email to a central email account housed at the Maine State Police Traffic Safety Office. The original vendor created an automated function whereby each email containing crash report data is automatically processed with the crash data being extracted and placed in an oracle database. Crash data which fails data quality criteria are not accepted, the agency is notified of the errors and requested to correct and resubmit the information. A very small number of police departments send crash data in an electronic format on CD. Once the crash data is placed in the oracle database a daily export of this data is sent to the Maine Department of Transportation (MDOT) and the Maine Bureau of Motor Vehicles in an xml format specified by each of these agencies. Training of selected departments on the New Maine Crash Reporting System began in 2001. In 2003 Maine became the first state in the Nation to collect all crash data electronically with no data entry. Currently, the average submission time of crash data by the Maine State Police is eight days. The average submission time for all other departments is approximately 20 days. 1.2 Existing Maine Crash Reporting System (MCRS) 1.2.1 System Components – State The major system components on the state side include: State Centralized Crash Database – The Maine Crash Reporting System database is an Oracle relational database that serves as the centralized repository for the state crash data. All of the crash data received by the state is stored here. Maine Crash Reporting System (MCRS) Oracle Client – The MCRS Oracle Client is used to delete, print, search and provide a user interface to the database. The MCRS User’s Manual can be accessed through the ‘Help’ function within the MCRS Oracle Client program itself. Email Processor – The Email Processor automates the processing of MCRS crash reports that are emailed to the state by local law enforcement agencies. Once the emailed crash reports have been successfully processed by the Email Processing Module, they are ready to be imported into the DPS MCRS Oracle database by the Import Manager. Import Manager – The Import Manager is designed to automatically collect electronic crash reports from participating police agencies throughout the state. The Import Manager is hosted on a personal computer based at Maine State Police (MSP) Traffic Division and communicates with remote police agencies using the Criminal Justice Information Network (CJIN) and the remote agencies Export Manager. Page 4 of 56
  5. 5. The Import Manager supports two modes of operation, Remote and Local. The Remote mode is used to automatically collect and import crash reports from remote police agencies once a day at a predetermined time. The Local mode is used to import crash reports that are entered manually by the MSP Traffic Division personnel or received on a floppy disk. Local mode can be operated either manually with operator supervision or configured to periodically import data from a predefined location. In either Remote or Local mode, an audit is performed on every crash report to ensure the integrity of the submitted data. Crash reports that pass the audit are immediately imported into the database. Crash reports that fail the audit will generate an audit report. The audit report contains a list of errors found in the crash report and can be viewed with any standard text editor. In Local mode, the audit report must be manually returned to the reporting agency so the crash report can be corrected and resubmitted. In Remote mode, the audit report is automatically returned to the agency and placed on the remote agency’s computer. Also, if the remote agency has been configured to receive email notification of invalid crash reports, an email is automatically sent to the agency with the attached audit report. Reporting Tools – There are a variety of crash reporting tools available. The Web-based Reporting Tool is a set of pre-defined reports that are accessible through the Department of Public Safety Intranet. These reports can be filtered and provide graphical representations of the data, where applicable. The Standard Reports are another set of pre-defined reports providing tabular views of the crash data. Again, the user can define and save filters to limit the data that is reported. The Ad-Hoc Reporting Tool allows the user to define their own reports, creating customized column type reports. SafetyNet Export Program – The SafetyNet Export Program is used to export commercial related crash reports from the state centralized crash database in a format that can be imported into the Federal Motor Carrier Safety Administrations SafetyNet 2000 program. BMV XML Export Utility – The BMV XML Export Utility is used to export crash data from the state centralized crash database in an XML format for use at the Bureau of Motor Vehicles. MDOT Web Crash Review – The MDOT Web Crash Review application allows the Maine Department of Transportation to review crash records 1.2.2 System Components – Local The major components at the local level are: MCRS Desktop System – The MCRS desktop system is used by the local agencies for crash data collection both in the field as a mobile application and at the agency in a stand-alone or network environment. Export Manager – The Export Manager communicates with the state’s Import Manager to automatically transfer electronic crash data over the state’s Criminal Justice Information Network (CJIN). Page 5 of 56
  6. 6. 1.3 Purpose of the RFP The purpose of this Request for Proposal (RFP) is to solicit computer programming and management consulting services to establish a fourfive (4) (5) year contract to provide system upgrades/enhancements to existing functionality of the Maine Crash Reporting System (MCRS). The agreement resulting from this RFP shall also include options to extend support and programming services beyond the four five year contract period no more than two times with each extension being for an additional two years. The contract extension is at the option of the vendor and State. Total contract period will not exceed nine years. Currently funding for the First Phase of the project is available. Funding is also available for helpdesk/support services and traffic records coordination activities. Phase Two and Phase Three are contingent upon availability of future funding. This work is necessary to keep the MCRS application current, to provide enhancements and to improve compliance to the Minimum Model Uniform Crash Criteria (MMUCC). The detailed description requirements of the individual components of the acquisition appear in Section 2 “Description of Services Requested” below. 1.3 RFP Schedule Bidders must conform to the following schedule when preparing and submitting responses: Milestone Date RFP Posted June 13, 2008 Bidders notify RFP Coordinator of intent to attend June 27, 2008 Bidders Conference Bidders Conference July 10, 2008 Deadline for Bidder Submitted Questions July 18, 2008 RFP Coordinator Posts Answers to Bidder Questions July 25, 2008 Proposals Due August 12, 2008 Successful Bidder announced (estimated) September 5, 2008 Work Begins (estimated) October 22, 2008 All milestones are considered due at 2:00 PM Eastern (Augusta, Maine local) Time on the specified date. The State reserves the right to alter this schedule at any time by posting an altered schedule to the same web site that contains this RFP. The State will make no attempt to contact bidders regarding the posting of schedule changes. It is the responsibility of each bidder to visit the RFP web site to obtain any schedule alterations. Section 2 Description of Services Requested 2.1 Phase One Page 6 of 56
  7. 7. • Upgrade the MCRS functionality to Microsoft’s .NET architecture and XML schema standards with XSD and XSL file formats that will contain all of the data elements, relationships, edit criteria, and minimum required data that exists on the crash form. • Migrate and update the current Oracle 10G server database to Microsoft SQL Server 2005 and match the current data elements as well as the new proposed data elements. Maintain interface/functionality to legacy Oracle crash database applications until all system interfaces are re-engineered to operate in a .NET framework. • Facilitate a crash form revision to reflect the added data elements and attributes. • Implement a Security Module to include authorization and user preference functions. • Implement a Case Management Module to allow a review process work flow. • Update the Import Service to operate in the .NET framework. • Update the current Export Service to operate in the .Net framework. • Update and improve the current Crash Location Mapping System to operate in the .NET framework.  Using MDOT’s existing map shape files.  Utilize aerial photography with an overlay of MDOT’s road system if technologically feasible.  Enable the user to extract latitude and longitude from the aerial photographs.  Update the Route names of Interstate (I-295) and Maine Turnpike (I-95).  Make visible the mile marker locations on the Interstate and Maine Turnpike map shape files.  Identify any licensing cost associated with the mapping functionality. • Update the current Email processor to work in the .NET framework. • Add data elements and attributes to the MCRS application to increase our compliance to the Minimum Model Uniform Crash Criteria (MMUCC). (See appendix A) • Add attributes to several elements to the MCRS application to accommodate the Maine Warden Service’s use of MCRS and facilitate the identification of On- Road System and Off-Road System crashes. (See Appendix A) • Create an automated Client Update Module to allow users the ability to automatically update the current crash client or components of the crash client when logged on to a secure web site. • Change all applicable labels from “Accident” to “Crash.” • Provide an operations manual. Page 7 of 56
  8. 8. The data element and attributes to be added to the MCRS Client and SQL Server database are attached and listed in Appendix A. 2.2 Phase Two • Update the current Bureau of Motor Vehicle (BMV) XML export to operate with Microsoft SQL Server. • Update current Maine Department of Transportation (MDOT) Synchronization Service to work against the SQL Server database and accommodate added crash data elements. • Update the current MDOT Crash Analysis System to work against the SQL Server database and accommodate added crash data elements. • Update the current Web Based Standard Reports to work against SQL Server 2005, provide security module and provide a minimum of five (5) new reports to be determined. • Upgrade the current client based Ad Hoc Report application to a Web based Ad Hoc Report application and configure to work against SQL Server 2005 with a security module. • Update the current Map-Based reports to work against SQL Server 2005 and utilize MDOT’s new road system. • Update the current Crash reporting service used to provide Crash Reports to the public through the internet to:  Introduce a web service query function to identify crash records that have been reported. Query fields will at a minimum include name, date of birth or crash date (or range of dates) or crash location (town) or investigating police department or crash incident number with an option to limit query results to utility accidents. Other query fields may be added. Query response shall be a list of crashes.  Introduce a web service to return a pdf of a crash report based on a crash incident number or another unique crash identifier. 2.3 Phase Three • Create a BMV query (operator and vehicle registration) autofill function that will backfill operator and vehicle data entry fields using a remote query to a BMV database. • Create a Crash Data Warehouse that will provide Maine crash data analysts with dynamic drill-down, data mining, decision support functionality, and pivot table analysis capabilities. 2.4 Crash Data Coordination Page 8 of 56
  9. 9. The State is seeking technical assistance to the Bureau of Highway Safety and the State of Maine Traffic Records Coordinating Committee (TRCC). The tasks completed in this work area include: • Coordinate state agency partners and crash data stakeholders to ensure interoperability of all crash data systems. • Develop the Section 408 grant applications including the traffic records assessment and annual progress report. • Manage projects, fulfilling the position generally described as “Project manager” on behalf of Maine’s TRCC to fulfill identified needs and projects of the TRCC Steering and Executive Committees. • Maintain and expand the existing Traffic Records Data Warehouse and On- Line Query Tools as identified by the TRCC Steering and Executive Committees. • Conduct no less than four meetings annually with the TRCC and its partners focusing on identifying, benchmarking, and prioritizing project(s) for the Section 408 grant funding. Document the results of the meetings. • Develop performance measures and allocation of funds for selected projects for the Section 408 grant funding. 2.5 Maintenance and Support 2.5.1 Background The Maine Crash Reporting System (MCRS) uses a collection of computer networks and software modules to collect, verify, store, edit, report, and print Maine’s traffic crash information. The System Maintenance and Help Desk work described herein supports the collection of crash data statewide. The purpose of the Maintenance and Help Desk agreement is to ensure high availability of the system, error-free system operation and result in continued success with statewide electronic crash data collection. 2.5.2 General Responsibilities HelpDesk Toll Free Support Number - A HelpDesk toll free number shall be provided to the State of Maine and other Law Enforcement Agencies (LEA’s) for those agencies to report all MCRS application issues and shall categorize the issue as inconvenient, non-critical, or critical outage The Helpdesk shall be manned Business Days Monday through Friday 8:00 AM – 5:00 PM EDT/EST to answer technical questions and provide user and application support for the MCRS system. An after-hours voice message will also be provided for the system user to leave support messages and trouble reports. E-mail may also be used. Helpdesk personnel will receive and log all issues and respond to the reported issue per the reported priority setting. All business function applications changes required shall be reviewed with the State Page 9 of 56
  10. 10. of Maine, MCRS system manager(s) Sgt. Richard McAlister or Phill Patzer prior to implementation. Not all police agencies use MCRS for crash reporting. Supporting police agencies that complete crash reports using alternative software; the provider will publish standard interface documentation for vendors so they may supply compliant data to the system. The provider will communicate and work with other Crash Reporting software vendors to assure receipt of quality crash data. The provider will supply limited troubleshooting and testing support to other vendors. The provider shall create and submit to the State monthly summaries of services performed and issues which arose and were addressed at the helpdesk. The State wishes to identify issue trends and address them on a proactive basis. A test system supporting all MCRS applications as detailed in this document shall be operated and maintained. The impact of and any special considerations regarding implementation of application changes, Microsoft operating system or software patch changes, use of personal firewalls and anti-virus software and Oracle or Microsoft SQL database maintenance changes shall be evaluated and the State of Maine and LEA’s will be advised. The State of Maine will host the MCRS production computing environment. 2.5.3 Task Descriptions 2.5.3.1 – MCRS System Maintenance MCRS Crash Data Repository Maintenance All scripts and support will be provided for changes to the MCRS Crash Data Repository database structure (Oracle 10G) and content to reflect changes in business practices (e.g. reference tables maintenance) and improve system response (e.g. new or updated indexes). Scripts will be provided for modifying the database structure and operating environment in support of maintenance releases to the MCRS Data Collection client. As the system environment is changed from Oracle to Microsoft SQL server and the .Net framework similar support services shall be performed. This requirement applies to all MCRS functionality. MCRS Import Manager Maintenance Maintenance releases shall be furnished for the MCRS Import Manager to support changes in business processes, problem fixes, and to support maintenance releases of the MCRS Data Collection client. Maintenance releases shall be provided for Import Manager functions such as audit rules, importing logic, network communications, and notifications to support MSP Traffic Division operations. MCRS Import Manager Maintenance Maintenance releases shall be provided for the MCRS Import Manager to support changes in business processes, problem fixes, and to support maintenance releases of the MCRS Data Collection client. Page 10 of 56
  11. 11. Maintenance releases shall be provided for Import Manager Functions such as audit rules, importing logic, network communications, and notifications to support MSP Traffic Division operations. MCRS Wireless Server Maintenance Maintenance releases shall be provided for the MCRS Wireless Server to support changes in business processes and support maintenance releases of the MCRS Data Collection client. Maintenance shall be provided for updates of Wireless Server functions such as network communications and notifications to support local agency wireless operations. MCRS Web-based Standard Reports Maintenance Maintenance releases shall be provided for the MCRS Web-based Standard Reports application as required by the Department of Public Safety. MCRS Data Collection Client Maintenance Maintenance releases shall be provided for the MCRS Data Collection Client to support changes in business processes and problem fixes. The maintenance release will include both application updates, release support documentation and training material (as needed). Tools and support services shall be provided to enable timely, reliable, effective and simple distribution of the updated MCRS Data Collection Client application to all Law Enforcement Agencies using the application throughout Maine. All application code will be developed in a manner that it is backwards compatible. If backward compatibility is not feasible; approval of MSP is required. MCRS IFW Maintenance MCRS Data Collection client and Import Manager maintenance updates shall be provided to support changes in business practices for off-road (Inland Fisheries and Wildlife) and on-road crashes. MCRS Email Processor Maintenance Maintenance releases for the MCRS Email Processor shall be provided to support changes in business processes and problem fixes. MCRS Ad Hoc Reporting Maintenance Maintenance releases shall be provided for the MCRS Ad Hoc Reporting to support changes in business processes and problem fixes. MCRS SafetyNet Export Utility Maintenance Maintenance releases shall be provided for the MCRS SafetyNet Export to support changes in business processes and problem fixes. Page 11 of 56
  12. 12. 2.5.3.2 MSP Traffic Division MCRS System Support The Maine State Police, Traffic Division shall be provided with system support to ensure continued operation of the state’s Maine Crash Reporting System. These statewide components include the Crash Data Repository (Oracle), the State MCRS client (Oracle), the MCRS Email Processor, the MCRS Import Manager, the MCRS BMV XML Export Utility, MCRS Web Standard Reports, MCRS Ad Hoc Reporting, MCRS Wireless Server, and the MCRS SafetyNet Export Utility. System Support shall include assistance in maintaining database lookup tables via Oracle or Microsoft SQL scripts; reviewing and troubleshooting Import Manager, Email Processor, and BMV XML Export transmission logs; and resolving exceptions to normal crash system processing. Support will also include assistance in developing or refining complex Ad Hoc reports. MSP Traffic Division support shall also include third tier support of issues escalated from unresolved MSP Traffic Division help desk issues. 2.6 Other Requirements 2.6.1 System Deployment All major system software changes shall undergo a collection of certification tests to determine their readiness to be deployed. The Provider shall coordinate with agency and Office of Information Technology staff to implement this policy. http://www.maine.gov/oit/oitpolicies/DeployCertPolicy.htm. 2.6.2 Accessibility Software developed as part of this Agreement must be compliant with the Computer Application Program Accessibility Standard (www.maine.gov/oit/accessiblesoftware <http://www.maine.gov/oit/accessiblesoftware>). All application and content delivered through web browsers must comply with the Website Standards (www.maine.gov/oit/webstandard <http://www.maine.gov/oit/webstandard>) and the Website Accessibility Policy (www.maine.gov/oit/accessibleweb <http://www.maine.gov/oit/accessibleweb>). 2.6.3 System and Contract Changes The state and provider cannot forecast all technical or business function changes which may arise over the course of this five year agreement. Acknowledging this issue, the State anticipates that contract amendments may be required to adjust the scope and budget of this agreement during this period of time. 2.6.4 System Operations Significant technical changes are being made to the Maine Crash Reporting System through this agreement. The provider and state shall work together to assure that all system features operating at the initiation of this agreement Page 12 of 56
  13. 13. continue to function, in some manner, during the period of change so that end- user functionality is not disrupted. Section 3 Definition of the Parties The Department of Public Safety Bureau of Highway Safety will hereinafter be referred to as the “Department”. Respondents to the RFP will be referred to as “Proposers” and the Proposer to whom the contract is awarded shall be referred to as the “Provider”. Section 4 Scope of Work The Provider will be required to perform all services listed in Section 2. All software source code will be licensed to the State of Maine. The state may distribute all software to various law enforcement (and non-law enforcement entities) throughout the State of Maine without incurring additional licensing fees. The Proposer must include any exceptions to this requirement and list costs. Section 5 Proposal Submission A SIGNED original and 5 copies of the proposal must be clearly marked with the Proposer’s return address and the notation: “Proposal: Department of Public Safety, Bureau of Highway Safety, Maine Crash Reporting System Upgrade/Enhancements and delivered to the Division of Purchases, Cross Office Building 4th Floor, 111 Sewall Street, 9 State House Station, Augusta, ME 04333-0009 no later than 2:00 PM local time on the proposal due date presented in Section 1.3, at which time and place they will be opened. Only proposals actually received at 111 Sewall Street prior to the stated time will be considered. The State assumes no responsibility for delays caused by any package or mail delivery service. Postmarking by the due date WILL NOT suffice. Faxed or emailed proposals will not be accepted. Proposals received after the 2:00 PM deadline will be rejected, without exception. Section 6 Proposal Content Proposers shall ensure that all information required herein is submitted with this proposal. Provision of inaccurate information or failure to provide all information required may be sufficient cause for rejection of the proposal or rescission of an award. Proposers should be mindful of the Evaluation Criteria that are indicated in Section 7 of this RFP and shall provide information in the proposal that will permit an objective evaluation thereof. Proposals shall be typed and submitted on 8.5 by 11 inch paper and bound securely. An electronic copy of the RFP response is also requested. At a minimum, the proposal should include the following: 6.1 Proposer Information Page 13 of 56
  14. 14. • Name, address, phone number, FAX number, and e-mail address of Proposer contained in a cover letter. A signature page must be included with the technical and price proposals stating that “I certify that all of the information contained in this technical/price proposal to be true and accurate.” • Response to Mandatory Requirements: Provide a point by point response to each and every mandatory requirement specified in this RFP. Responses to mandatory requirements must be in a bulleted list in the same sequence as they appear in this RFP. If additional functions or services over and above those presented in the Manadatory Requirements are proposed, those items should be clearly labeled as ‘Additional Function Options’. • Schedule: Please include a schedule outlining start of installation, finished installation, date fully operational, training date and any other relevant milestones. • Expandability: In anticipation of future expansion and upgrade to the Maine Crash Reporting System and its components the Department will consider expandability of the system in the evaluation. Please indicate all expansion possibilities and limitations. • Proposer Capabilities: Describe the Proposer’s experience and capabilities providing similar services to those required. Identify projects, clients, dates, and results. • Staff Qualifications: Identify the key staff your company will assign to fulfill the contract requirements (Contract Managers, contact people, project management, assigned technicians, helpdesk personnel). Provide resumes describing the educational and work experiences for those key staff. • Proposer References: Provide a list of 3 to 7 clients with whom the company has done business similar to that required in this solicitation in the last 5 years. Include points of contact (person’s name, company name, address, and telephone number) and a brief description of the project. The Department will determine which, if any, references are contacted. The results of any reference checks will be provided to the scoring committee and used when scoring the written proposal. • Price Proposal: The price proposal shall be provided in a separately sealed envelope. Prices shall be outlined for all required items. PRICES SHALL BE PRESENTED USING THE APPENDIX E - COST WORKSHEET. Prices for optional items, which may be proposed, shall be itemized separately from mandatory items. Each proposal will be evaluated for all other criteria, and then costs shall be evaluated independently. NO MENTION OF PRICE SHALL BE INCLUDED IN OTHER SECTIONS OF THE PROPOSAL. 6.2 Vendor Requirements In order to be eligible to submit a proposal in response to this RFP, the vendor must meet the following minimum requirements: • The vendor must be able to demonstrate, to the satisfaction of the selection committee that the vendor has installed, and is currently supporting, a statewide Page 14 of 56
  15. 15. mobile electronic crash reporting system which has been in production operation for at least two continuous years prior to the proposal being delivered. • Has experience with motor vehicle crash data systems. • Has experience with Oracle and SQL Sever Databases. • Has experience with Visual Basic 6 and .NET technology. • Has developed and installed XML import/export interfaces and applications. • Has developed and implemented SAFTYNET data elements and exports in XML formats. • Has experience working with agencies to improve MMUCC compliance. 6.3 Bidder Questions and Bidders Conference Bidders may submit questions to the RFP Coordinator according to the procedure specified in section 9. Bidders must submit questions in writing. The State will prepare written responses to bidder questions, and will post such written responses to the Highway Safety web site www.maine.gov/dps/bhs. The State will remove the names of bidder firms and individuals, along with their contact information, from any written communication. However, by submitting a question, bidders acknowledge and accept that the State is not liable for third parties’ usage of written communication to identify bidders. The State will hold a Bidders Conference in Augusta, Maine according to the schedule specified in section 1.3. The purpose of the Bidders Conference is for The Bureau of Highway Safety, the Maine State Police, and the Office of Information Technology to review with bidders the RFP. Bidders will have an opportunity at the conference to ask questions and discuss requirements with the RFP team. The State will provide written responses to bidder questions following the conference, and will post such responses on the Bureau of Highway Safety web site (www.maine.gov/dps/bhs). Bidders must notify the RFP Coordinator of intent to attend the Bidders Conference according to the schedule specified in section 1.3. Attendance at the Bidders Conference is not mandatory; failure to attend the conference does not preclude a bidder from submitting a proposal. All costs of travel to and attendance at the Bidders Conference are the responsibility of the bidder. Verbal responses to bidder questions are not binding on the Bureau of Highway Safety or the State of Maine. Bidders may rely only on written responses to questions. Section 7 Evaluation Criteria The Department’s evaluation committee will consist of members who have been selected because of their special expertise and knowledge of the service(s) and/or products that are the subject of this RFP. Proposers may not contact members of the evaluation committee except at the Department’s request. Page 15 of 56
  16. 16. The proposals will be initially reviewed to determine if mandatory requirements are met. Failure to meet mandatory requirements shall result in the proposal being rejected. In the event that all Proposers do not meet one or more of the mandatory requirements, the Department reserves the right to continue the evaluation of the proposals which most closely meet the mandatory requirements of this RFP. Proposals will be evaluated on the following weighted criteria: In analyzing Proposals, the Department will follow the review protocol for the consensus model of scoring as it relates to (1) the technical merits and responsiveness of each Proposal ("Technical"); (2) the integrity, experience, and ability to perform of each Offeror ("Responsibility"); and (3) the cost of each Proposal ("Cost"). Proposals will then be ranked according to their total scores. The range of possible point scores for each Proposal is 0 to 100, with each of the foregoing categories broken down as follows: Technical 35 Responsibility 35 Cost 30 Section 8 Contract Award Once scores are final, contract award will be made to the Proposer whose proposal receives the Committee’s highest score. Written notification of the award decision will be sent to all Proposers who submitted proposals, and will be conditional pending the approval of the State Purchases Review Committee. Section 9 Communication with the State During the proposal preparation period, all questions and requests for clarification and/ or additional information must be submitted in writing (via e-mail to Richard.a.mcalister@maine.gov , Subject: Clarification to RFP for MCRS System Upgrade. Questions will be accepted no later than the date referenced in Section 1.3. When appropriate, responses to requests, as well as any Maine Department of Public Safety (DPS)/Bureau of Highway Safety-initiated changes, will be provided to all prospective Proposers in writing via posting to the RFP web site no later than the date shown in Section 1.3. (Note: The submitter must include reference to all amendments on their response to this RFP.) Bidders are recommended to regularly check the RFP web site. Section 10 Costs of Preparation Proposer assumes all costs of preparation of the proposal and any presentations necessary to the proposal process. Section 11 Proposal Understanding By submitting a proposal, the Proposer agrees and assures that the specifications are adequate, and the Proposer accepts the terms and conditions herein. Any exceptions to these terms and conditions should be noted in the proposal. The State reserves the Page 16 of 56
  17. 17. right to reject any or all proposals based on the exceptions presented, without obligation to communicate or negotiate with the Proposer. Section 12 Proposal Validity Unless specified otherwise, all proposals shall be valid for 180 business days from the proposal due date. Section 13 Contract Document The successful Proposer will be required to enter into a standard State of Maine Agreement to Purchase Services (Appendix F), a blank copy of which is attached to this RFP. Submission of a proposal in response to this RFP will be understood as a Proposer’s understanding and acceptance of the terms in Rider B of that standard contract. Section 14 Contract Term The initial contract term shall be for a period of four five years, commencing upon approval of the contract document. At the Department’s discretion, the contract may be renewed for up to two (2) additional two-year periods. Section 15 Confidentiality and Disclosure of RFP Information The information contained in proposals submitted for the States’ consideration will be held in confidence until all evaluations are concluded and the award notification has been made. According to State procurement law, the content of all proposals, correspondence, addenda, memoranda, working papers, or any other medium which discloses any aspect of the request for proposals process will be considered public information when the award decision is announced. This includes all proposals received in response to this RFP, both the selected proposal and the proposal(s) not selected, and includes information in those proposals which a Proposer may consider to be proprietary in nature. Therefore, the State makes no representation that it can or will maintain in confidentiality of such information. Section 16 Revision of Request for Proposals Revision of Request for Proposals: The State alone may elect to amend this RFP prior to the proposal due date. If it is necessary to revise any part of this RFP, an amendment will be posted to the DPS/Bureau of Highway Safety website. In no case will the RFP be amended within fourteen (14) days of the proposal due date, unless the amendment includes an extension of time to allow seven days between the amendment and the proposal due date. The department will not be responsible for any additional costs incurred as a result of said changes in the RFP. Section 17 Cancellation of Procurement The Department reserves the right to cancel this procurement at any time, and not to enter into any Agreement with any Bidder. Bidders shall have no right to recover any damages, costs, or other expenses of any kind, including, but not limited to, Proposal Preparation Costs, which result directly or indirectly from cancellation of this procurement, or the decision not to enter into any Agreement with the Bidder. Page 17 of 56
  18. 18. Section 18 Rejection of Proposals Nothing in this RFP shall prevent the Department from rejecting proposals that do not conform to the requirements of this RFP. Page 18 of 56
  19. 19. APPENDIX A The elements and attributes listed below are recommendations for additions to the current Maine Crash Reporting System. This list is not intended to be a finite list as there may be additions or subtractions from the list. The MMUCC data elements are divided into four categories: • Crash • Vehicle elements • Person elements • Roadway elements Crash/Location Elements Create a check box for “Off-Road” system and “Parking Lot” crashes. This will aid in eliminating the data disparity between MDOT and MSP total crash numbers. It will also trigger additional fields for the Maine Warden Service to use when investigating recreational vehicle crashes not occurring on the Maine road system. Under “Vehicle Type” the following attributes will be added: ATV 2-wheel 3-wheel 4-wheel Snowmobile Under “Type Location” the following attributes will be added: Trail Open Field Gravel Pit Woods Lake/Pond River/Stream Ocean Under “Fixed Object Struck” the following attributes will be added: Gate or Cable Pressure Ridge Under “Pre-Crash Maneuvers” the following attribute will be added: Following Trail Crash/Location Elements (As posted under MMUCC criteria)
  20. 20. C6 - First Harmful Event: The first injury- or damage-producing event that characterizes the crash type. • Non-Collision: o Overturn/Rollover o Fire/Explosion o Immersion o Jackknife o Cargo/Equipment Loss or Shift o Fell/Jumped From Motor Vehicle o Thrown or Falling Object o Other Non-Collision • Collision with Person, Motor Vehicle, or Non-Fixed Object: o Pedestrian o Pedalcycle o Railway Vehicle (train, engine) o Animal o Motor Vehicle in Transport o Parked Motor Vehicle o Work Zone / Maintenance Equipment o Other Non-Fixed Object • Collision with Fixed Object: o Impact Attenuator/Crash Cushion o Bridge Overhead Structure o Bridge Pier or Support o Bridge Rail o Culvert o Curb o Ditch o Embankment
  21. 21. o Guardrail Face o Guardrail End o Concrete Traffic Barrier o Other Traffic Barrier o Tree (standing) o Rock Outcrop/Ledge o Fire Hydrant o Utility Pole/Light Support o Traffic Sign Support o Traffic Signal Support o Other Post, Pole or Support o Fence o Mailbox o Other Fixed Object (wall, building, tunnel, etc.) C7 - Location of First Harmful Event: The location of the first harmful event as it relates to its position within or outside the trafficway. • On Roadway • Shoulder • Median • Roadside • Gore • Separator • In Parking Lane or Zone • Off Roadway, Location Unknown • Outside Right-of-Way (trafficway) • Unknown C8 - Manner of Crash/Collision Impact: The identification of the manner in which two motor vehicles in transport initially came together without regard to the direction of force. This data element refers only to crashes where the first harmful event involves a collision between two motor vehicles in transport.
  22. 22. • Not a Collision Between Two Motor Vehicles in Transport • Rear End (front-to-rear) • Head-On (front-to-front) • Angle • Sideswipe, Same Direction • Sideswipe, Opposite Direction • Rear-to-Side • Rear-to-Rear • Other • Unknown C13 - Contributing Circumstances, Environment: • Subfield 1: - Environmental Circumstances 1: o None o Weather Conditions o Physical Obstruction(s) o Glare o Animal(s) in Roadway o Other o Unknown • Subfield 2: - Environmental Circumstances 2 See attributes in Subfield 1 • Subfield 3:- Environmental Circumstances 3 See attributes in Subfield 1 C14 - Contributing Circumstances, Road: • Subfield 1: - Road Circumstances 1: o None
  23. 23. o Road Surface Condition (wet, icy, snow, slush, etc.) o Debris o Rut, Holes, Bumps o Work Zone (construction/maintenance/utility) o Worn, Travel-Polished Surface o Obstruction in Roadway o Traffic Control Device Inoperative, Missing or Obscured o Shoulders (none, low, soft, high) o Non-Highway Work o Other o Unknown • Subfield 2: - Road Circumstances 2: See Attributes in Subfield 1 • Subfield 3: - Road Circumstances 3: See Attributes in Subfield 1 C16 – Type of Intersection (add the following to the current type location field): • Y-Intersection • Traffic Circle • Roundabout • Five Point, or More • Unknown C18 - School Bus Related: Indicates if a school bus or motor vehicle functioning as a school bus for a school-related purpose is involved in the crash. The "school bus," with or without a passenger on board, must be directly involved as a contact motor vehicle or indirectly involved as a non-contact motor vehicle. (Children struck when
  24. 24. boarding or alighting from the school bus, two vehicles colliding as the result of the stopped school bus, etc.) • No • Yes, School Bus Directly Involved • Yes, School Bus Indirectly Involved • Unknown C19 - Work Zone Related (Construction/Maintenance/Utility): A crash that occurs in or related to a construction, maintenance, or utility work zone, whether or not workers were actually present at the time of the crash. 'Work zone-related' crashes may also include those involving motor vehicles slowed or stopped because of the work zone, even if the first harmful event occurred before the first warning sign. Subfield 1: - Was the crash in or near a construction, maintenance or utility work zone? (see Appendix D) o Yes (complete Subfields 2-4) o No o Unknown • Subfield 2: - Location of the Crash: o Before the First Work Zone Warning Sign o Advance Warning Area o Transition Area o Activity Area o Termination Area • Subfield 3: - Type of Work Zone: o Lane Closure o Lane Shift/Crossover o Work on Shoulder or Median o Intermittent or Moving Work o Other • Subfield 4: - Workers Present: o Yes o No
  25. 25. o Unknown Vehicle V10 – Special Function of Motor Vehicle in Transport: • No Special Function • Taxi • Vehicle Used as School Bus • Vehicle Used as Other Bus • Military • Police • Ambulance • Fire Truck • Wrecker En Route to Crash Scene • Unknown V11 – Emergency Motor Vehicle Use: Indicates operation of any motor vehicle that is legally authorized by a government authority to respond to emergencies with or without the use of emergency warning equipment, such as a police vehicle, fire truck, or ambulance while actually engaged in such a response. Select “Yes” only if the motor vehicle involved in the crash was on an emergency response, regardless of whether the emergency equipment was in use. • Yes • No • Unknown Add Checkbox indicating “Exempt Vehicle” to satisfy Maine’s statutory exemption of operator insurance obligations while operating government vehicles. V14 - Trafficway Description: Indication of whether or not the trafficway for this vehicle is divided and whether it serves one-way or two-way traffic. (A divided trafficway is one on which roadways for travel in opposite directions are physically separated by a median.) (See Appendix B). • Two-Way, Not Divided
  26. 26. • Two-Way, Not Divided With a Continuous Left Turn Lane • Two-Way, Divided, Unprotected (painted >4 feet) Median • Two-Way, Divided, Positive Median Barrier • One-Way Trafficway • Unknown V15 - Total Lanes in Roadway: Total number of lanes in the roadway on which this motor vehicle was traveling. • For undivided highways: o Total "Thru" Lanes in Both Directions, (excluding designated turn lanes). • For divided highways: o Total "Thru" Lanes for the Roadway (on which the motor vehicle under consideration was traveling). V16 - Total Lanes in Roadway: • Subfield 1 – Horizontal Alignment: Straight Curve Left Curve Right • Subfield 1 – Horizontal Alignment: Level Hillcrest Uphill Downhill Sag (bottom) V17 – Traffic Control Device Type: Subfield 2: Working Properly? Yes
  27. 27. No V19 - Areas of Impact: The area of the motor vehicle that received the initial impact and the area that was most damaged in a crash. • Subfield 1: - Area of Initial Impact: o Non-Collision o 12-point Clock Diagram (see Appendix C) o Top (roof) o Undercarriage o Unknown o Subfield 2: - Most Damaged Area See attributes in Subfield 1 V20 - Sequence of Events: The events in sequence related to this motor vehicle, including both non-collision as well as collision events. • Subfield 1: - First Event o Non-Collision:  Overturn/Rollover  Fire/Explosion  Immersion  Jackknife  Cargo/Equipment Loss or Shift  Equipment Failure (blown tire, brake failure, etc.)  Separation of Units  Ran Off Road Right  Ran Off Road Left  Cross Median/Centerline  Downhill Runaway  Fell/Jumped From Motor Vehicle  Thrown or Falling Object  Other Non-Collision
  28. 28. o Collision with Person, Motor Vehicle, or Non-Fixed Object:  Pedestrian  Pedalcycle  Railway Vehicle (train, engine)  Animal  Motor Vehicle in Transport  Parked Motor Vehicle  Struck By Falling, Shifting Cargo or Anything Set in Motion by Motor Vehicle  Work Zone / Maintenance Equipment  Other Non-Fixed Object o Collision with Fixed Object:  Impact Attenuator/Crash Cushion  Bridge Overhead Structure  Bridge Pier or Support  Bridge Rail  Culvert  Curb  Ditch  Embankment  Guardrail Face  Guardrail End  Concrete Traffic Barrier  Other Traffic Barrier  Tree (standing)  Rock Outcrop/Ledge  Fire Hydrant  Utility Pole/Light Support  Traffic Sign Support
  29. 29.  Traffic Signal Support  Other Post, Pole, or Support  Fence  Mailbox  Other Fixed Object (wall, building, tunnel, etc.) o Unknown • Subfield 2: - Second Event See attributes in Subfield 1 • Subfield 3: - Third Event See attributes in Subfield 1 • Subfield 4: - Fourth Event See attributes in Subfield 1 V21 - Most Harmful Event for this Motor Vehicle: Event that resulted in the most severe injury or, if no injury, the greatest property damage involving this motor vehicle. • Non-Collision: o Overturn/Rollover o Fire/Explosion o Immersion o Jackknife o Cargo/Equipment Loss or Shift o Fell/Jumped From Motor Vehicle o Thrown or Falling Object o Other Non-Collision • Collision with Person, Motor Vehicle, or Non-Fixed Object: o Pedestrian o Pedalcycle o Railway Vehicle (train, engine) o Animal o Motor Vehicle in Transport o Work Zone / Maintenance Equipment o Other Non-Fixed Object
  30. 30. • Collision with Fixed Object: o Impact Attenuator/Crash Cushion o Bridge Overhead Structure o Bridge Pier or Support o Bridge Rail o Culvert o Curb o Ditch o Embankment o Guardrail Face o Guardrail End o Concrete Traffic Barrier o Other Traffic Barrier o Tree (standing) o Rock Outcrop/Ledge o Fire Hydrant o Utility Pole/Light Support o Traffic Sign Support o Traffic Signal Support o Other Post, Pole, or Support o Fence o Mailbox o Other Fixed Object (wall, building, tunnel, etc.) o Unknown V23 – Extent of Damage: Estimation of total damage to motor vehicle from crash. Disabling damage implies damage to the motor vehicle that is sufficient to require the motor vehicle to be towed from the scene. • No Damage • Minor Damage
  31. 31. • Functional Damage • Disabling Damage • Unknown V24 – Vehicle Removal: This element identifies the manner in which a vehicle involved in a crash leaves or is removed from the scene. It distinguishes vehicles towed due to damage in the crash from those that are driven from the scene or towed for other reasons (i.e., the driver is arrested or without required license, vehicle is placed out of service or impounded, etc.). Towing assistance without removal of vehicle from the scene, such as pulling a vehicle out of a ditch, is not considered to be “towed due to vehicle damage.” • Towed due to vehicle damage • Towed due to reasons other than vehicle damage • Remained at Scene • Driven from scene V25 - Contributing Circumstances, Motor Vehicle: Pre-existing motor vehicle defects or maintenance conditions that may have contributed to the crash. • None • Subfield 1: - Motor Vehicle Circumstance 1: o Brakes o Steering o Power Train o Suspension o Tires o Wheels o Lights (head, signal, tail) o Windows/Windshield o Mirrors o Wipers o Truck Coupling / Trailer Hitch / Safety Chains
  32. 32. o Other o Unknown • Subfield 2: - Motor Vehicle Circumstance 2 See attributes in Subfield 1 Person P7 – Seating Position: Subfield 1: Row Front Second Third Fourth Other Row (bus, 15 passenger van, etc.) Unknown • Subfield 2: Seat Left (usually the motor vehicle or motorcycle operator except for postal vehicles and some foreign vehicles) Middle Right Other Unknown • Subfield 3: Other Location Not Applicable Sleeper Section of Cab (truck) Other Enclosed Cargo Area Unenclosed cargo Area Trailing Unit Riding on Motor Vehicle Exterior (non-trailing unit)
  33. 33. Unknown P8 - Occupant Protection Systems/Helmet Use: The restraint equipment in use by the occupant, or the helmet use by a motorcyclist, at the time of the crash. • Not Applicable (non-motorist) • None Used - Motor Vehicle Occupant • Shoulder and Lap Belt Used • Shoulder Belt Only Used • Lap Belt Only Used • Restraint Used - Type Unknown • Child Restraint System - Forward Facing • Child Restraint System-Rear Facing • Booster Seat • Child Restraint Type Unknown • Helmet Used • Other • Unknown P9 - Air Bag Deployed: Deployment status of an air bag relative to position of the occupant. • Not Applicable • Not Deployed • Deployed-Front • Deployed-Side • Deployed-Other (knee, air belt, etc.) • Deployed-Combination • Deployed Curtain • Deployment Unknown P15 - Violation Codes: All motor vehicle-related violations codes, if any, which apply to this driver.
  34. 34. • Subfield 1: - Violation Code 1: o No Violation o (Violation Code) o Unknown • Subfield 2: - Violation Code 2 See attributes in Subfield 1 • Subfield 3: - Violation Code 3 See attributes in Subfield 1 • Subfield 4: - Violation Code 4 See attributes in Subfield 1 P16 - Driver Distracted By: Distractions which may have influenced the driver performance. The distractions can be inside the motor vehicle (internal) or outside the motor vehicle (external). • Not Distracted • Electronic Communication Devices (cell phone, pager, etc.) • Other Electronic Device (navigation device, palm pilot, etc.) • Other Inside the Vehicle • Other Outside the Vehicle • Unknown P18 - Alcohol Test: Indication of presence of alcohol test, type, and result. • Subfield 1: - Test Status: o None Given o Test Refused o Test Given • Subfield 2: - Type of Test: o Blood o Serum o Breath o Urine o Other • Subfield 3: - BAC Test Result:
  35. 35. o Value o Pending o Unknown P20 - Drug Test: Indication of the presence of drug test, type, and result. Excludes drugs administered post-crash. (See Drug Test Result (PL4) to document drug name and value.) • Subfield 1: - Test Status: o Test Not Given o Test Refused o Test Given o Unknown if Tested • Subfield 2: - Type of Test: o Blood o Urine o Serum o Other • Subfield 3: - Drug Test Result: o Positive o Negative o Unknown P22 – Non Motorist Actions/Circumstances at Time of the Crash: Subfield 1: Non Motorist Contributing Action/Circumstance 1 Walking/Cycling to/from school Crossing roadway Waiting to cross roadway Dart/Dash into roadway Walking/Cycling along roadway with traffic (in/adjacent to travel lane) Walking/Cycling along roadway against traffic (in/adjacent to travel lane) Walking/Cycling on sidewalk
  36. 36. In roadway improperly (standing, lying, working, playing) Failure to yield right of way Failure to obey traffic signs, signals, or officer Inattentive (talking eating, etc) Not visible (dark clothing, no lighting, etc.) Improper turn/merge Improper passing Wrong-way riding Other Unknown Subfield 2: Non-Motorist Contributing Action/Circumstance 2 Same as Subfield 1 P23 – Non-Motorist Location at Time of the Crash: • Marked crosswalk – intersection • Unmarked crosswalk – intersection • In roadway – intersection (not a crosswalk) • Sidewalk • Driveway crossing • Median or island • Paved shoulder • Unpaved shoulder/roadside • Bicycle lane • Shared-use path or trail • Non-roadway area (parking lot, driveway, etc.) • Other • Unknown P24 – Non-Motorist Safety Equipment • Subfield 1: Safety Equipment Used by Non-Motorist
  37. 37. o None o Helmet o Protective Pads Used (elbows, knees, shins, etc.) o Reflective Clothing (jacket, backpack, etc.) o Other o Not Applicable o Unknown P26 - Transported to Medical Facility By: Type and identity of unit providing transport to medical facility receiving patient. • Subfield 1: - Source of Transport: o Not Transported o EMS o Law Enforcement o Other o Unknown • Subfield 2: - EMS Response Agency Identifier ID for EMS agency that responds • Subfield 3: - EMS Response Run Number • Subfield 4: - Name of medical facility receiving patient Nothing in this RFP prevents the State of Maine from adding additional MMUCC elements and attributes to the current MCRS system. Appendix B
  38. 38. Appendix C
  39. 39. FARS CODES 01 Front-to-Rear (includes Rear-End) 02 Front-to-Front (includes Head-On) Angles: 03 Front-to-Side, Same Direction 04 Front-to-Side, Opposite Direction 05 Front-to-Side, Right Angle (includes Broadside) 06 Front-to-Side/Angle - Direction Not Specified Appendix D
  40. 40. Appendix E Cost Worksheet Category Category Year 1Year 1 Year 2Year 2 Year 3Year 3 Year 4Year 4 Year 5 Total Total Phase IPhase I Phase II Phase II Phase III Phase III Data Coordination Data Coordination Helpdesk and Helpdesk and SupportSupport Optional Items Items Optional
  41. 41. APPENDIX F SAMPLE CONTRACT AdvantageME CT No: STATE OF MAINE DEPARTMENT OF PUBLIC SAFETY Agreement to Purchase Services THIS AGREEMENT, made this _________ day of __________, ______, is by and between the State of Maine, ________________, hereinafter called “Department,” and _____________________, located at _____________________________________ , telephone number __________________, hereinafter called “Provider”, for the period of _______________ to _______________________. The AdvantageME Vendor/Customer number of the Provider is ______________________ WITNESSETH, that for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Department, the Provider hereby agrees with the Department to furnish all qualified personnel, facilities, materials and services and in consultation with the Department, to perform the services, study or projects described in Rider A, and under the terms of this Agreement. The following riders are hereby incorporated into this Agreement and made part of it by reference: Rider A - Specifications of Work to be Performed Rider B - Payment and Other Provisions Rider C – Exceptions to Rider B Rider D, E, and/or F – (At Department’s Discretion) Rider G – Identification of Country in Which Contracted Work will be Performed WITNESSETH, that this contract is consistent with Executive Order 01 FY 08/09 or a superseding Executive Order, and complies with its requirements. IN WITNESS WHEREOF, the Department and the Provider, by their representatives duly authorized, have executed this agreement in four (4) original copies. DEPARTMENT OF PUBLIC SAFETY By: Anne H. Jordan, Commissioner and __________________________________________ By: Name and Title, Provider Representative Total Agreement Amount: $___________________
  42. 42. Approved: Chair, State Purchases Review Committee BP54 (Rev 6/04)
  43. 43. AdvantageME ACCOUNT CODING DOC TOTAL FND DEPT UNIT SUB OBJ JOB NO. PROGRAM VC NUMBER UNIT DOC TOTAL FND DEPT UNIT SUB OBJ JOB NO. PROGRAM VC NUMBER UNIT DOC TOTAL FND DEPT UNIT SUB OBJ JOB NO. PROGRAM VC NUMBER UNIT DOC TOTAL FND DEPT UNIT SUB OBJ JOB NO. PROGRAM VC NUMBER UNIT DOC TOTAL FND DEPT UNIT SUB OBJ JOB NO. PROGRAM VC NUMBER UNIT DOC TOTAL FND DEPT UNIT SUB OBJ JOB NO. PROGRAM VC NUMBER UNIT DOC TOTAL FND DEPT UNIT SUB OBJ JOB NO. PROGRAM VC NUMBER UNIT
  44. 44. RIDER A SPECIFICATIONS OF WORK TO BE PERFORMED
  45. 45. RIDER B METHOD OF PAYMENT AND OTHER PROVISIONS 1. AGREEMENT AMOUNT $______________________ 2. INVOICES AND PAYMENTS The Department will pay the Provider as follows: Payments are subject to the Provider's compliance with all items set forth in this Agreement and subject to the availability of funds. The Department will process approved payments within 30 days. 3. BENEFITS AND DEDUCTIONS If the Provider is an individual, the Provider understands and agrees that he/she is an independent contractor for whom no Federal or State Income Tax will be deducted by the Department, and for whom no retirement benefits, survivor benefit insurance, group life insurance, vacation and sick leave, and similar benefits available to State employees will accrue. The Provider further understands that annual information returns, as required by the Internal Revenue Code or State of Maine Income Tax Law, will be filed by the State Controller with the Internal Revenue Service and the State of Maine Bureau of Revenue Services, copies of which will be furnished to the Provider for his/ her Income Tax records. 4. INDEPENDENT CAPACITY In the performance of this Agreement, the parties hereto agree that the Provider, and any agents and employees of the Provider shall act in the capacity of an independent contractor and not as officers or employees or agents of the State. 5. DEPARTMENT'S REPRESENTATIVE The Agreement Administrator shall be the Department's representative during the period of this Agreement. He/she has authority to curtail services if necessary to ensure proper execution. He/she shall certify to the Department when payments under the Agreement are due and the amounts to be paid. He/ she shall make decisions on all claims of the Provider, subject to the approval of the Commissioner of the Department. 6. AGREEMENT ADMINISTRATOR All progress reports, correspondence and related submissions from the Provider shall be submitted to: Name: Title: Address: who is designated as the Agreement Administrator on behalf of the Department for this Agreement, except where specified otherwise in this Agreement. 7. CHANGES IN THE WORK The Department may order changes in the work, the Agreement Amount being adjusted accordingly. Any monetary adjustment or any
  46. 46. substantive change in the work shall be in the form of an amendment, signed by both parties and approved by the State Purchases Review Committee. Said amendment must be effective prior to execution of the work. 8. SUB-AGREEMENTS Unless provided for in this Agreement, no arrangement shall be made by the Provider with any other party for furnishing any of the services herein contracted for without the consent and approval of the Agreement Administrator. Any sub- agreement hereunder entered into subsequent to the execution of this Agreement must be annotated "approved" by the Agreement Administrator before it is reimbursable hereunder. This provision will not be taken as requiring the approval of contracts of employment between the Provider and its employees assigned for services thereunder. 9. SUBLETTING, ASSIGNMENT OR TRANSFER The Provider shall not sublet, sell, transfer, assign or otherwise dispose of this Agreement or any portion thereof, or of its right, title or interest therein, without written request to and written consent of the Agreement Administrator. No subcontracts or transfer of agreement shall in any case release the Provider of its liability under this Agreement. 10. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the Provider agrees as follows: a. The Provider shall not discriminate against any employee or applicant for employment relating to this Agreement because of race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation, unless related to a bona fide occupational qualification. The Provider shall take affirmative action to ensure that applicants are employed and employees are treated during employment, without regard to their race, color, religion, sex, age, national origin, physical or mental disability, or sexual orientation. Such action shall include but not be limited to the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or terminations; rates of pay or other forms of compensation; and selection for training including apprenticeship. The Provider agrees to post in conspicuous places available to employees and applicants for employment notices setting forth the provisions of this nondiscrimination clause. b. The Provider shall, in all solicitations or advertising for employees placed by or on behalf of the Provider relating to this Agreement, state that all qualified applicants shall receive consideration for employment without regard to race, color, religious creed, sex, national origin, ancestry, age, physical or mental disability, or sexual orientation. c. The Provider shall send to each labor union or representative of the workers with which it has a collective bargaining agreement, or other agreement or understanding, whereby it is furnished with labor for the performance of this Agreement a notice to be provided by the contracting agency, advising the said labor union or workers' representative of the Provider's commitment under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
  47. 47. d. The Provider shall inform the contracting Department’s Equal Employment Opportunity Coordinator of any discrimination complaints brought to an external regulatory body (Maine Human Rights Commission, EEOC, Office of Civil Rights) against their agency by any individual as well as any lawsuit regarding alleged discriminatory practice. e. The Provider shall comply with all aspects of the Americans with Disabilities Act (ADA) in employment and in the provision of service to include accessibility and reasonable accommodations for employees and clients. f. Contractors and subcontractors with contracts in excess of $50,000 shall also pursue in good faith affirmative action programs. g. The Provider shall cause the foregoing provisions to be inserted in any subcontract for any work covered by this Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 11. EMPLOYMENT AND PERSONNEL The Provider shall not engage any person in the employ of any State Department or Agency in a position that would constitute a violation of 5 MRSA § 18 or 17 MRSA § 3104. The Contractor shall not engage on a full-time, part- time or other basis during the period of this Agreement, any other personnel who are or have been at any time during the period of this Agreement in the employ of any State Department or Agency, except regularly retired employees, without the written consent of the State Purchases Review Committee. Further, the Provider shall not engage on this project on a full-time, part-time or other basis during the period of this Agreement any retired employee of the Department who has not been retired for at least one year, without the written consent of the State Purchases Review Committee. The Provider shall cause the foregoing provisions to be inserted in any subcontract for any work covered by this Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 12. STATE EMPLOYEES NOT TO BENEFIT No individual employed by the State at the time this Agreement is executed or any time thereafter shall be admitted to any share or part of this Agreement or to any benefit that might arise therefrom directly or indirectly that would constitute a violation of 5 MRSA § 18 or 17 MRSA § 3104. No other individual employed by the State at the time this Agreement is executed or any time thereafter shall be admitted to any share or part of this Agreement or to any benefit that might arise therefrom directly or indirectly due to his employment by or financial interest in the Provider or any affiliate of the Provider, without the written consent of the State Purchases Review Committee. The Provider shall cause the foregoing provisions to be inserted in any subcontract for any work covered by this Agreement so that such provisions shall be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials.
  48. 48. 13. WARRANTY The Provider warrants that it has not employed or contracted with any company or person, other than for assistance with the normal study and preparation of a proposal, to solicit or secure this Agreement and that it has not paid, or agreed to pay, any company or person, other than a bona fide employee working solely for the Provider, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon, or resulting from the award for making this Agreement. For breach or violation of this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion to otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14. ACCESS TO RECORDS The Provider shall maintain all books, documents, payrolls, papers, accounting records and other evidence pertaining to this Agreement and make such materials available at its offices at all reasonable times during the period of this Agreement and for such subsequent period as specified under Maine Uniform Accounting and Auditing Practices for Community Agencies (MAAP) rules. The Provider shall allow inspection of pertinent documents by the Department or any authorized representative of the State of Maine or Federal Government, and shall furnish copies thereof, if requested. 15. TERMINATION The performance of work under the Agreement may be terminated by the Department in whole, or in part, whenever for any reason the Agreement Administrator shall determine that such termination is in the best interest of the Department. Any such termination shall be effected by delivery to the Provider of a Notice of Termination specifying the extent to which performance of the work under the Agreement is terminated and the date on which such termination becomes effective. The Agreement shall be equitably adjusted to compensate for such termination, and modified accordingly. 16. GOVERNMENTAL REQUIREMENTS The Provider warrants and represents that it will comply with all governmental ordinances, laws and regulations. 17. GOVERNING LAW This Agreement shall be governed in all respects by the laws, statutes, and regulations of the United States of America and of the State of Maine. Any legal proceeding against the State regarding this Agreement shall be brought in State of Maine administrative or judicial forums. The Provider consents to personal jurisdiction in the State of Maine. 18. STATE HELD HARMLESS The Provider agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims, costs, expenses, injuries, liabilities, losses and damages of every kind and description (hereinafter in this paragraph referred to as “claims”) resulting from or arising out of the performance of this Agreement by the Provider, its employees, agents, or subcontractors. Claims to which this indemnification applies include, but without limitation, the following: (i) claims suffered or incurred by any contractor, subcontractor, materialman, laborer and any other person, firm, corporation or other legal entity (hereinafter in this paragraph referred to as “person”) providing work, services, materials, equipment or supplies in connection with the performance of this Agreement; (ii) claims arising out of a violation or infringement of any proprietary right, copyright, trademark, right of privacy or other right arising out of publication, translation, development, reproduction, delivery, use, or disposition of any data, information or other matter furnished or used in connection with this Agreement; (iii) Claims arising out of a libelous or other unlawful matter used or developed in connection with this Agreement; (iv)
  49. 49. claims suffered or incurred by any person who may be otherwise injured or damaged in the performance of this Agreement; and (v) all legal costs and other expenses of defense against any asserted claims to which this indemnification applies. This indemnification does not extend to a claim that results solely and directly from (i) the Department’s negligence or unlawful act, or (ii) action by the Provider taken in reasonable reliance upon an instruction or direction given by an authorized person acting on behalf of the Department in accordance with this Agreement. 19. NOTICE OF CLAIMS The Provider shall give the Contract Administrator immediate notice in writing of any legal action or suit filed related in any way to the Agreement or which may affect the performance of duties under the Agreement, and prompt notice of any claim made against the Provider by any subcontractor which may result in litigation related in any way to the Agreement or which may affect the performance of duties under the Agreement. 20. APPROVAL This Agreement must have the approval of the State Controller and the State Purchases Review Committee before it can be considered a valid, enforceable document. 21. LIABILITY INSURANCE The Provider shall keep in force a liability policy issued by a company fully licensed or designated as an eligible surplus line insurer to do business in this State by the Maine Department of Professional & Financial Regulation, Bureau of Insurance, which policy includes the activity to be covered by this Agreement with adequate liability coverage to protect itself and the Department from suits. Providers insured through a “risk retention group” insurer prior to July 1, 1991 may continue under that arrangement. Prior to or upon execution of this Agreement, the Provider shall furnish the Department with written or photocopied verification of the existence of such liability insurance policy. 22. NON-APPROPRIATION Notwithstanding any other provision of this Agreement, if the State does not receive sufficient funds to fund this Agreement and other obligations of the State, if funds are de-appropriated, or if the State does not receive legal authority to expend funds from the Maine State Legislature or Maine courts, then the State is not obligated to make payment under this Agreement. 23. SEVERABILITY The invalidity or unenforceability of any particular provision or part thereof of this Agreement shall not affect the remainder of said provision or any other provisions, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision or part thereof had been omitted. 24. INTEGRATION All terms of this Agreement are to be interpreted in such a way as to be consistent at all times with the terms of Rider B (except for expressed exceptions to Rider B included in Rider C), followed in precedence by Rider A, and any remaining Riders in alphabetical order. 25. FORCE MAJEURE The Department may, at its discretion, excuse the performance of an obligation by a party under this Agreement in the event that performance of that obligation by that party is prevented by an act of God, act of war, riot, fire, explosion, flood or other
  50. 50. catastrophe, sabotage, severe shortage of fuel, power or raw materials, change in law, court order, national defense requirement, or strike or labor dispute, provided that any such event and the delay caused thereby is beyond the control of, and could not reasonably be avoided by, that party. The Department may, at its discretion, extend the time period for performance of the obligation excused under this section by the period of the excused delay together with a reasonable period to reinstate compliance with the terms of this Agreement. 26. SET-OFF RIGHTS The State shall have all of its common law, equitable and statutory rights of set-off. These rights shall include, but not be limited to, the State’s option to withhold for the purposes of set-off any monies due to the Provider under this Agreement up to any amounts due and owing to the State with regard to this Agreement, any other Agreement, any other Agreement with any State department or agency, including any Agreement for a term commencing prior to the term of this Agreement, plus any amounts due and owing to the State for any other reason including, without limitation, tax delinquencies, fee delinquencies or monetary penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of set- off pursuant to an audit, the finalization of such audit by the State agency, its representatives, or the State Controller. 27. ENTIRE AGREEMENT This document contains the entire Agreement of the parties, and neither party shall be bound by any statement or representation not contained herein. No waiver shall be deemed to have been made by any of the parties unless expressed in writing and signed by the waiving party. The parties expressly agree that they shall not assert in any action relating to the Agreement that any implied waiver occurred between the parties which is not expressed in writing. The failure of any party to insist in any one or more instances upon strict performance of any of the terms or provisions of the Agreement, or to exercise an option or election under the Agreement, shall not be construed as a waiver or relinquishment for the future of such terms, provisions, option or election, but the same shall continue in full force and effect, and no waiver by any party of any one or more of its rights or remedies under the Agreement shall be deemed to be a waiver of any prior or subsequent rights or remedy under the Agreement or at law.
  51. 51. RIDER C EXCEPTIONS TO RIDER B
  52. 52. RIDER D Not Required: For use at Department’s Discretion
  53. 53. RIDER E Not Required: For use at Department’s Discretion
  54. 54. RIDER F Not Required: For use at Department’s Discretion
  55. 55. RIDER G IDENTIFICATION OF COUNTRY IN WHICH CONTRACTED WORK WILL BE PERFORMED Please identify the country in which the services purchased through this contract will be performed: United States. Please identify state:       Other. Please identify country:       Notification of Changes to the Information The Provider agrees to notify the Division of Purchases of any changes to the information provided above.

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