HomeMy WebLinkAbout26 - Submissions - SS4A Demonstration Activity - Safety Data Platform (4)From:John Guymon
To:Bozeman Procurement; agenda@bozeman.net
Cc:Greg Olsen
Subject:[EXTERNAL]SS4A COMPREHENSIVE DEMONSTRATION ACTIVITY – SAFETY DATA PLATFORM CITY OFBOZEMAN, Numetric, Inc. Response, Due February 19th 2026m 2:00 PM
Date:Thursday, February 19, 2026 11:04:57 AM
Attachments:Bozeman RFP Response.pdf
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John
--
John Guymon
Co-founder
Cell: (801) 691-6979
johnguymon@numetric.com
SS4A COMPREHENSIVE DEMONSTRATION ACTIVITY –
SAFETY DATA PLATFORM CITY OF BOZEMAN
Numetric Inc. Response
Numetric Inc.
Point of Contact: John Guymon, Co-founder
Address:
Numetric
14183 Minuteman Drive
Suite 100
Draper, UT, 84020
Phone Number:
801-691-6979
Email:
JohnGuymon@numetric.com
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Table of Contents
Executive Summary 2
Firm/Individual Profile 3
Numetric Overview 3
Key Numetric Staff Profiles 4
Scope of Services 8
Description of Proposed Solution 10
Numetric Application Overview 11
Maintenance and Support for City Staff 12
Summary of Ongoing Support 12
Related Experience with Projects Similar to the Scope of Services 13
Supporting Local Agencies Develop a High Injury Road Network 13
Integrating Crash Data into City Roadway Operations 14
Behavioral and Engineering Countermeasure Recommendations 16
Crash Context: Seamless and Secure Access to Crash Reports 17
References 19
Proposed Schedule 20
Project Duration 22
Price Proposal 23
Attachments 24
Attachment A: NONDISCRIMINATION AND EQUAL PAY AFFIRMATION 24
Attachment B: Software as a Service Agreement 25
Attachment C: City of Bozeman Cloud Services Questionnaire 42
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Executive Summary
We acknowledge the terms and conditions set forth in the RFP and have prepared our proposal
accordingly. We understand that the City’s standard agreement forms the basis for any award.
Should we be selected for award, we respectfully request the opportunity to review and discuss
certain provisions of the proposed agreement to ensure mutual understanding, alignment with
applicable law, and commercially reasonable allocation of risk. We look forward to working
collaboratively with the City to finalize a mutually acceptable agreement.
This proposal includes the comprehensive suite of Numetric's industry-leading crash analysis
applications, as well as all necessary configuration, customization, and seamless integration
with The City of Bozeman data sources. Numetric is committed to ensuring The City of
Bozeman’s success with comprehensive training, implementation support, data management,
and ongoing customer service. This implementation approach has been proven through
numerous successful implementations with more than twenty agencies across the United
States, including the City of Durham, Montana, New Mexico, Nebraska, Texas, and Tennessee.
We have designed our proposal with the goal of enhancing The City of Bozeman ability to
efficiently analyze and mitigate crash risks, prioritize safety countermeasures, and fulfill the
requirements of the SS4A grant program. The Numetric Platform offers proven technology,
robust GIS and data management, and competitive pricing. With this combination, Numetric’s
platform will empower The City of Bozeman to achieve its safety goals.
Numetric, Inc. is dedicated to partnering with organizations to provide solutions that unlock the
power of data to provide insights which help domain experts make informed decisions, improve
community safety, and eliminate roadway fatalities. We are committed to ensuring our partner
agencies receive the highest quality products and support to help them make their roadways
safer. When Numetric establishes a partnership with a purchasing agency, we commit to offering
ongoing service, support, maintenance, training, and product improvements at no additional
cost.
The Numetric platform is a Cloud-Based Software-as-a-Service Solution, which is continually
improving, and defining industry standards and best practices. Numetric works with partners,
authorities from governing bodies like FHWA and NHTSA, and industry experts (including
third-party validation of models and analysis) to ensure the software both meets our partners
needs and remains as the most reliable safety software in the industry. This work includes the
creation of new features and functionality, the addition of improved analytical models, and the
incorporation of new data sources, all at no additional cost to our customers. Our annual
licensing model means our customers always have access to the latest version of our
applications, and are always following the latest industry best-practices and standards.
From implementation, through adoption, training, and ongoing support, the Numetric customer
success team will ensure that your agency is able to get the most out of their investment.
Because data is key to the successful implementation of the Numetric platform, we put an
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emphasis on the data connection process. Beginning with Implementation, the Numetric team
will help connect to the required data sources, make the required configuration, and ensure a
successful adoption, all with minimal investment and time commitment from The City of
Bozeman. This partnership continues throughout the life of the agreement, with regular
coordination calls, configuration improvements, and ongoing training to ensure that your agency
continues to get value from their investment. Drawing from our extensive experience with
various government agencies across the United States, Numetric is uniquely equipped to deliver
industry-leading crash reporting, traffic data, and predictive crash modeling solutions.
Firm/Individual Profile
Numetric Overview
Numetric, Inc., the exclusive Traffic Safety Analytics solution provider for AASHTOWare, is
dedicated to partnering with organizations to provide solutions that unlock the power of data to
help domain experts make informed decisions, improve community safety, and eliminate
roadway fatalities. We are committed to ensuring our partner agencies receive the highest
quality products and support to help them make their roadways safer.
Founded by transportation engineers in 2014, Numetric is dedicated to providing crash
reporting, and roadway safety management software to unlock crash data, and solve the most
pressing traffic safety challenges. The Numetric Traffic Safety Analytics Platform and suite of
applications make the most time-consuming tasks—like querying data, building reports, running
safety analyses, or sharing reports—lightning-fast and more accurate. Currently, Numetric has
partnered with over 20 state agencies, and municipalities across the United States to help
engineers, law enforcement, and other key stakeholders access and share crash data across
their organizations.
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Key Numetric Staff Profiles
Danny Anderson, M.B.A.
VP Product
Summary
A staple in the traffic safety industry, Danny joined Numetric as the vice president of product
with over 14 years of product, process and retail management experience. Since coming to
Numetric, Danny and team have released solution-driven software for safety teams nationwide.
The suite of tools became best-in-class, recognized by a third-party audit conducted by
AASHTOWare. This audit led AASHTOWare to connect with Numetric.
Danny continues to work with groups including AASHTO’s Committee on Safety, AASHTO’s
Committee on Design, and various TRB groups which support traffic safety. Danny and team
received recognition for the work they’ve done in making SPFs accessible to safety
professionals, both in creating SPFs and utilizing SPFs. Additionally, Danny’s and team have led
the effort in creating a path forward for the adoption of the Highway Safety Manual’s Second
Edition, specifically around Part C adoption.
Experience
● Process Management
● User Research
● Market analyzation
● Partner relations
● Project Fulfillment
Education
● MBA, Brigham Young University
● BA - English, Brigham Young University
Employment History
Employer Position Title Position Dates
Numetric VP of Product 2018 - Present
Product Manager - Apps Vivint Smart Home 2017-2018
Product Manager MX 2015-2017
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Derek Troyer, P.E.
Director of Strategic Services
Senior Safety Engineer
Summary
Derek Troyer is a nationally recognized transportation safety planner and engineer with over 20
years of experience in leveraging data to improve road safety and save lives. As the Director of
Strategic Services at Numetric, he focuses helping agencies advance safety data analysis and
technology. Previously, he worked as a Senior Safety Engineer with the Federal Highway
Administration and led national efforts to advance the use of data-driven safety analysis,
including the implementation of the AASHTO Highway Safety Manual. Derek spent the majority
of his career improving the lives of Ohioans by advancing the methods used for the Highway
Safety Improvement Program. Derek is a trusted instructor, advisor, and project leader, known
for making complex concepts accessible to practitioners across federal, state, and local
agencies. His work bridges engineering, planning, and policy to create safer, smarter
infrastructure for all users.
Experience
● Planning and Design
● Safety Measures
● Transportation Modes
● Regression Analysis
● Geospatial Data
● Countermeasures
● Safety engineering
● Safety programs
● Transportation Research Board (TRB)
Safety Performance and Analysis
Committee (2014-2024 Member,
2024-2025-Chair)
● AASHTO Committee on Safety
(2017-2021)
● AASHTOWare Safety Analyst Task
Force (2014-2021) - Task Force Chair
Employment History
Employer Position Title Position Dates
Numetric Director of Strategic Services May 2025 - Present
Federal Highway Administration Safety Engineer Nov. 2021 - Apr. 2025
Ohio Department of
Transportation
Transportation Engineer Aug. 2010 - Nov. 2021
GPD Group Traffic Engineer Jan. 2023 - Aug. 2010
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Doug Coburn, B.S.
VP of Engineering
IT API Integration Specialist
Summary
Mr. Coburn joined Numetric in 2017 as a Senior Software Engineer. He has spent almost 15
years as a Software Engineer delivering solutions such as native desktop apps, web apps, and
network communication infrastructure for employers such as Microsoft, Amazon and Raytheon.
He is listed as a primary inventor and contributing inventor for patents both issued and pending.
He was soon promoted to lead one of the two engineering teams Numetric and to work to
ensure that members of the team grow and implement best-in-class development standards.
Mr. Coburn now serves as the VP of Engineering bringing 20 years of software engineering
experience and a deep internal experience of the Numetric technical stack to his current role.
Experience
● Windows Operating System and Windows SDK development.
● Windows Desktop application development.
● Web-hosted Line of business app development.
● Custom high-performance C++ MQ bus library development.
● Contributed to development of enterprise-grade build systems.
● Node, Python, C#
Education
● BS - Major: Computer Science, Minor: Math, Utah State University
Employment History
Employer Position Title Position Dates
Numetric VP of Engineering 2021 - Present
Jolt Software Sr Software Engineer 2019 - 2021
Numetric Sr Software Engineer 2017 - 2019
Kirkham Motorsports Principal Manufacturing Engineer 2015 - 2017
Microsoft Sr. Software Engineer 2012-2015
Raytheon Software Engineer 2009-2012
Amazon.com Software Engineer 2007-2009
Microsoft Software Engineer 2003-2007
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Wayne Hill, B.S.
VP, Customer Success
Summary
Mr. Hill joined Numetric in 2021 as Vice President of Customer Success. He has spent the past
25+ years helping government agencies to work more efficiently with Geographical Information
System (GIS) software and asset management. Wayne is a champion of client retention and
success across all areas of the company. He advocates for the client to resolve software issues
along with managing implementation, education, documentation, support, and success services.
He has worked with 1,000’s of government agencies to bring success to their organizations.
Experience
● The Customer Lifecycle Journey
○ Onboarding/Implementation
○ Training
○ Support services
○ Adoption and return on investment
● Team management (Success, Support, IT, Training, Documentation, Partners)
● Strong database & IT management
● Conflict resolution
Education
● BS, Urban Planning & Design - Emphasis in GIS, University of Utah
Employment History
Employer Position Title Position Dates
Numetric Vice President, Customer
Success
2021 - Present
Cityworks | A Trimble Company Global Vice President, Customer
Success
2019 - 2021
Cityworks Executive Vice President,
Customer Success
1999 - 2019
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Scope of Services
Scope of Implementation And Onboarding Services
The following sections detail the Implementation Approach, Success Outcomes, Project
Milestones, and Project Duration of the Implementation Services. Upon completion of the initial
Implementation Services, Numetric will continue to partner with the City of Bozeman to provide
ongoing support, including continued maintenance of the Numetric Suite and expanding usage
and adoption with key stakeholders throughout the City of Bozeman.
Implementation Approach
Numetric’s implementation approach focuses on the following areas:
● Focus on Data Collection - Data is often the bottleneck for project implementations;
focusing on data collection first leads to more rapid, successful implementations. This
focus is broken into two main data categories:
○ Begin with Crash Data - Work with the City of Bozeman to create clean,
searchable data that is easily utilized by all end-users
○ Partner with the City of Bozeman to utilize existing segmentation and Intersection
data - Work with the City of Bozeman to understand their segmentation and
Intersection creation methodology so that all applications can be appropriately
configured.
● Meet organizational goals quickly - Our goal is to deliver value as soon as possible in the
project. By focusing on key Success Outcomes and implementing all applications
needed to help meet these Success Outcomes, we can deliver value early in the
implementation process, helping the City of Bozeman meet its Success Outcomes
quickly.
City of Bozeman Core Team
Throughout the Onboarding Implementation process, The Numetric Customer Success Team
will work with the Bozeman Core Team to ensure successful implementation and configuration
of the Numetric applications. The Core Team will be comprised of City of Bozeman personnel,
as well as any other key stakeholders and user representatives identified during the Onboarding
Implementation process. The Core Team will be the primary representatives for Bozeman during
the Onboarding Implementation process.
Onboarding Implementation Outline
The Onboarding Implementation and Configuration process will focus on accomplishing the
following Success Outcomes for the City of Bozeman. The Onboarding Implementation
schedule is optimized to accomplish the Success Outcomes as rapidly and efficiently as
possible.
Success Outcomes
The following Success Outcomes have been identified as the primary objectives of this Scope of
Work:
● Streamline Crash Data Access: Provide stakeholders with a centralized system to
quickly and easily retrieve accurate crash data for engineering and behavioral purposes.
● Enhance Reporting Capabilities: Provide standardized and custom reporting options
for internal and public reporting needs.
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● Enable Advanced Analysis: Support network screenings and safety performance
evaluations for segments to identify and address roadway safety concerns
Streamline Crash Data Access
Internal Processes/Deliverables
After onboarding with Numetric, Bozeman users, and third-party consultants, will
be able to access all relevant Bozeman crash data. Users will be able to
complete the following tasks in the Numetric platform:
● Generate custom Crash Queries
● Download the following reports: Crash Summary, Comparison,
Overrepresentation
Enhance Reporting Capabilities
Internal Processes/Deliverables
After onboarding with Numetric, Bozeman users, and third-party consultants, will
be able to access all relevant Bozeman crash data. Users will be able to
complete the following tasks in the Numetric platform:
● Utilize countermeasure recommendations to identify crash patterns and
areas for potential safety improvement.
● Utilize countermeasure recommendations to generate custom network
screenings, and queries.
● View custom dashboards visualizing crash, and other associated datasets
Enable Advanced Analysis
Internal Processes/Deliverables
After onboarding with Numetric, Bozeman users, and third-party consultants, will
be able to access all relevant Bozeman crash data. Users will be able to
complete the following tasks in the Numetric platform:
● Generate custom Segment, Intersection, and Sliding Window network
screenings
● Generate Intersection Network Screenings to identify potential High Injury
Networks.
● Generate Collision Diagrams based on Bozeman crash data
● Conduct countermeasure-specific network screenings
● Overlay street network data to assist in systemic safety evaluation
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Description of Proposed Solution
Numetric proposes implementation of the Numetric Safety Platform, a Software-as-a-Service
(SaaS) safety data system built for transportation agencies and currently deployed in more than
20 State Departments of Transportation, including the Montana Department of Transportation.
The platform is also utilized by local agencies, including the City of Durham and multiple MPOs
and cities in South Carolina, Georgia, and Tennessee. The software solution unifies crash and
other safety-related datasets into a central location designed to support the full Roadway Safety
Management Process outlined in the Highway Safety Manual (HSM). This includes network
screening, diagnosis, countermeasure selection, project prioritization, and safety effectiveness
evaluation. For the City of Bozeman, Numetric proposes implementation of the following
applications: Crash Query, Network Screening - (Segments, Intersections, Sliding Window
Analysis), Advanced Network Screening - (Segments, Intersections, Sliding Window Analysis),
Collision Diagrams, and Dashboards. These applications enable comprehensive crash analysis,
high injury network identification, report generation, and ongoing monitoring and evaluation of
the SS4A safety plan and grant. .
The Numetric Safety Platform accepts structured crash, demographic, street network, roadway,
asset, and other relevant datasets in standard database formats (SQL, GIS, Oracle, Excel, API
feeds, and similar). Where structured data is provided, Numetric ingests, validates, and makes
all requested fields filterable within the platform. Additionally, custom filters can be created as
requested. Numetric is the software provider for the AASHTOWare Safety platform purchased
by the Montana Department of Transpotation, and manages an active data connection with all
MDT crash data, roadway network, and asset data sources. As a result, integrating with all
relevant MDT AASHTOWare Safety systems, pending approval from MDT sfatt, is effectively
complete at this time. Numetirc can then partner with the City of Bozeman to suplement this
data with any additional relevant data as needed, including supplemental data from the
Zeurcher system.If the City of Bozeman elects to transmit crash data via API or structured
export, the platform can update nightly, dependent upon the frequency of data transmission.
Numetric will also work to provide PDF crash report links to spatial crash data provided by the
city to assist in detailed crash analysis.
The platform supports intersection collision diagrams, counter measure filtering, contributing
circumstance analysis, and severity weighting. High Injury Networks are identified using explicit
methodologies including severity weighting, crash frequency, crash rate, sliding window
analysis, and systemic safety screening layers. The Dashboards application provides
configurable dashboards and reporting tools capable of overlaying demographic layers with
street network data compliant with state schemas. Additional structured safety related datasets
including calls for service, citations, traffic volumes (AADT), speed data, near-miss or conflict
metrics, and outputs from advanced safety data collection equipment can be ingested and
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visualized within the platform to support proactive safety analysis and Comprehensive Safety
Action Plan development.
By centralizing crash and safety datasets into a single analytical environment, the Numetric
Safety Platform eliminates the need for manual review of individual crash PDFs for trend
identification, intesrection collision diagraming, and network screening. Agencies currently
using the platform have reduced staff time spent on crash data compilation and initial screening
activities enabling staff to focus on diagnosis, countermeasure development, and grant
reporting. The platform facilitates monitoring and evaluation of safety investments through
before-and-after reporting, countermeasure recommendations, severity trend reporting aligned
with FHWA definitions, and automated production of performance measures required for SS4A
grant evaluation.
Numetric Application Overview
Numetric is a cloud-based SaaS platform that connects to external databases to receive crash,
vehicle and occupant data, roadway data, asset data, as well as any other data supplied by the
licensing agency, to power a number of purpose-built applications. Agencies can customize
various configurations (Safety Performance Functions (SPFs), countermeasure logic, Crash
Modification Factor (CMF) values, roadway segmentation, Intersection definitions, and various
other components) to meet their unique needs.The software tools are developed in accordance
with the methodology outlined in the Highway Safety Manual (HSM). Our tools will be
continuously updated to reflect the latest HSM revisions and aligned with any new guidelines.
The following Numetric applications are included in this proposal, and a detailed overview of
each application is provided in the subsequent sections of this document:
1. Crash Query: The Crash Query application allows users to create custom queries to
search crashes in a GIS interface. A number of search variables, including crash type,
vehicle, occupant, roadway, or geographic criteria can be used to refine queries in
natural-language search terms. Users can explore crash details, including recommended
countermeasures, to help with crash mitigation. Crash Query can generate shareable
PDF Crash Reports, including before-after comparison reports, with the click of a button.
2. Network Screening (Segments, Intersections, and Sliding Window Analysis): The
Network Screening application empowers users to rank their roadway network by
historical performance measures such as crashes, fatalities, crash rate, crashes per
mile, or ePDO, with just the click of a button. Custom filters can be applied to refine the
scope of your analysis, targeting regions, counties, cities, or even custom geographic
areas. The module also allows filtering by contributing factors, or even potential
countermeasures to help agencies to determine which roadways need the most
attention. With the click of a button, users can generate a shareable Network Screening
report to share this data with anyone internal or external to the users’ agency.
Additionally, users can open the selected segment, sliding window, or intersection in the
Crash Query or Safety Analysis applications to gain better insight to the crashes
occurring there, or to conduct a benefit-cost calculation.
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3. Advanced Network Screening (Segments, Intersections, and Sliding Window
Analysis): The Advanced Network Screening applications operate similarly to the
Network Screening applications mentioned above, but do so with an expanded capacity
and can rank roadway segments, intersections, and windows using historical and
predictive performance measures, with no screening limitations. In addition to historical
performance measures such as crashes, crash rate, crashes per mile, and ePDO, the
Predictive Network Screening applications can also use SPF prediction, SPF predicted
rate, SPF prediction per mile, EB expectation, EB expected rate, EB Expectation Per
Mile, PSI potential, PSI potential rate, and PSI potential per mile. Users can also work
with Numetric to create customized performance measures in the Predictive Network
Screening applications.
4. Dashboards: The Dashboards application provides users with a full business
intelligence platform. The Dashboards application utilizes the roadway, crash, and safety
data present in the other Numetric offerings, allowing users to generate and share
custom Dashboards to visualize their agencies roadway safety data. This robust data
visualization platform can also be used to generate custom, exportable PDF reports to
share data with internal, or external stakeholders.
5. Collision Diagrams: Collision diagrams help engineers understand the dynamics of
what is occurring at intersections. However, much of an engineer’s time is wrangling
data and manually creating the collision diagram, to then start analyzing crash patterns
and attributes. With Collision Diagrams, you are provided a fully functional collision
diagram, complete with crashes bucketed by the manner of the collision, the travel
direction of the first and second vehicle, and the first harmful event (to ensure bikes,
pedestrians, and animals are part of the analysis). Engineers also have access to crash
narratives that allow an engineer to read through officer reports and update incorrect
crash attributes such as manner of the collision, travel direction, vehicle maneuver, and
first harmful event, to ensure the collision diagrams are accurate.
Maintenance and Support for City Staff
Summary of Ongoing Support
The Ongoing Support period begins at the conclusion of the Implementation and Onboarding
period. During Ongoing Support, Numetric will continue to maintain all Safety applications,
including ongoing data management, maintenance, ongoing application configuration, user
training, user support chats, and collaboration between the City of Bozeman and Numetric.
Ongoing Support calls will be held at a regular cadence (monthly, quarterly, etc.) as determined
by the City. Additionally, Numetric will provide user training webinars for all applications and user
groups as determined by the City of Bozeman throughout the duration of the license agreement
at no additional cost.
For each quarterly release, Numetric will offer targeted training that covers: New features and
how to use them, Updates or changes to existing workflows, Recently resolved support issues
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that may affect usage.
Training is also available upon request and can be tailored to specific roles or functions.
In addition to live support, we provide access to online documentation and recorded video
materials for common tasks, troubleshooting steps, and user guides. These resources are a
self-service knowledge base for customers.
Related Experience with Projects Similar to the
Scope of Services
Numetric has extensive experience with projects similar in scope, scale, and complexity to those
outlined in this Scope of Service. We have partnered with agencies to support goals similar to
those identified by the City of Bozeman, including high-injury network development, grant
proposal support, countermeasure identification, crash report access, crash pattern analysis
and other related initatives. The examples below showcase our proven ability to partner with our
customers and deliver effective solutions to meet their goals.
Supporting Local Agencies Develop a High Injury Road Network
Several local agencies, including Regional and Metropolitan Planning Organizations, as well as
those at the city and county level, are using Numetric’s Network Screening tool to create a
high-injury network for their roadways. High-injury networks are an essential part of local
transportation safety planning. For example, they are one requirement for some federal grant
funds. Programs such as the Safe Streets and Roads for All (SS4A) initiative require
data-backed evidence of safety needs.
A ranked list of roadways seeing high-severity crashes is crucial to show where serious safety
issues are concentrated in these communities. Multiple local agencies use Network Screening
to rank roads by EPDO (equivalent property damage only). EPDO assigns weighted values to
crash severities—fatal crashes are weighted most heavily, serious injuries less but significant,
and property-damageonly crashes the lowest. A higher EPDO score signals more severe crash
outcomes on that roadway. This approach helps planners look beyond raw fatality counts to
identify corridors with high crash risk. It ensures repeated injury crashes are not overlooked,
even when fatalities haven’t yet occurred.
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The Kingsport Metropolitan Transportation Planning Organization (KMTPO) in Tennessee
generated a Network Screening for the intersections in its MPO boundaries and ranked them on
the ePDO performance measure. The Knoxville Regional Transportation Planning Organization
in Tennessee generated a high injury pedestrian network by filtering only the pedestrian crashes
in Knoxville, removing interstate crashes, and ranking these segments by EPDO. The Rock Hill -
Fort Mill Area MPO (RFATS) in South Carolina used Network Screening - Segments to generate
a high-injury network by filtering the fatal and serious injury crashes within the MPO boundaries.
Lucas County in Ohio used Network Screening - Sliding Window to generate a high injury
pedestrian/bicylist network by filtering the ped/bike crashes in the county, removing work zone
crashes, and ranking by EPDO.
Additionally, the following cities/counties also used Network Screening to save multiple
screenings used to support their SS4A grant process: Lebanon, TN; Greensboro, GA; Dublin,
GA; Clarkston, GA; Gwinnett County, GA.
Integrating Crash Data into City Roadway Operations
In Knoxville, TN, roadway safety decisions rely on accurate data and clear communication.
AASHTOWare Safety powered by Numetric (through TDOT’s shared license) has become a
daily tool for the city’s engineering team. It has transformed crash records into actionable
insights that inform planning, outreach, and project approval. When the team learns about a
grant opportunity, they begin by reviewing the city’s roadways in the Network Screening -
Segments tool to identify suitable candidates for the grant application. The team filters the
network screening to include only the local roadway segments that the city is responsible for.
This approach allows the team to quickly screen its roadways and demonstrate safety needs to
justify project funding. As Road Safety Audit opportunities arise, the team takes the same
approach to identify high-risk locations focused on a specific crash type.
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Consultants and city staff use the platform to review crash histories and patterns before or
during an audit, helping them focus on specific intersections or corridors with safety concerns.
The platform helps Knoxville ensure that all safety assessments and project decisions are
based on accurate, evidence-based insights. The transportation group in Knoxville also uses
Numetric tools regularly in its analysis processes. The team has used the software to complete
a signal index. They used Network Screening - Intersections to examine unsignalized
intersections and identify potential locations where signal installation would be beneficial. For
Knoxville, Numetric is not just for long-term planning. The tool is a practical resource for daily
tasks like analyzing crashes, presenting projects, and justifying investments. Making safety data
accessible and actionable helps the city target improvements that reduce risk and improve
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roadway safety.
Behavioral and Engineering Countermeasure Recommendations
Agencies have used the NHTSA behavioral “Countermeasures that Work” and the FHWA
“Proven Safety Countermeasures” as a foundation for guiding enforcement and engineering
strategies to improve safety on their roadways. Building on this framework, Numetric has
partnered with multiple agencies to map key crash characteristics that could be used to identify
which countermeasures might help prevent those types of crashes in the future. With this logic,
our team builds custom countermeasure filters that allow safety professionals to identify crash
trends and better direct safety efforts to mitigate crashes. Below are documented examples of
countermeasure logic built as filters:
Variable Speed Limits - Countermeasure Logic
The following logic is used to determine if crashes would be potentially mitigated by the
Variable Speed Limits Countermeasure:
IF
Functional System = (Any of the following) Interstate, Principal Arterial - Other Freeways
and Expressways
AND
Posted Speed = (Any of the following) 45, 50, 55, 60, 65, 70, 75, 80
Bicycle Lanes - Countermeasure Logic
The following logic is used to determine if crashes would be potentially mitigated by the
Bicycle Lanes Countermeasure:
IF
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Pedalcycle Involvement = True
AND
PDPC Actions at Time of Crash = (Any of the following) Failure to Yield Right-of-Way
Action at Time of Crash, Failure to Obey Traffic Signs (Signals), In Roadway Improperly,
Improper Turn/Merge, Improper Passing
Median Barriers - Countermeasure Logic
The following logic is used to determine if crashes would be potentially mitigated by the
Median Barriers Countermeasure:
IF
Crash Analysis = (Contains) Fixed
AND
Crash Analysis = (Any of the following) Overturn/Rollover - Left Side of Road
Vehicle Crossed Median - Out of Control
AND
First Harmful Event - Manner of Crash = From Opposite Direction
AND
First Harmful Event - Manner of Impact = Front-to-Front, Sideswipe
AND
HPMS Median ≠ Positive Barrier - rigid, Positive Barrier - flexible, Positive Barrier -
semi-rigid, Positive Barrier - unspecified, Curbed-Raised
Crash Context: Seamless and Secure Access to Crash Reports
Numetric partnered closely with multiple agencies to provide users with an easy way to
access crash reports from directly within the tool. Implementing this functionality reduces friction
in obtaining additional data necessary for crash analysis. Agencies have added a crash report
link to the Crash Flyout menu, allowing users to directly access the report for the specific crash
they’re viewing in the tool. This workflow ensures users can find the information they need
without slowing down. Direct access to original crash reports enables users to delve deeper
when necessary and examine the precise circumstances behind each crash. For example,
users might be reviewing a high-crash intersection that has experienced a mix of angle and
sideswipe collisions. While the coded data fields in-app help fill in parts of the story, reviewing
the original crash reports can provide a much fuller picture. In the crash report, users can read
the officer's narrative and examine the crash sketch to gain a better understanding of the
sequence of events and vehicle movements. This additional context can help guide more
targeted safety improvements.
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In Michigan State Police’s Numetric instance, a link to the downloadable PDF of the crash report
is included in the crash flyout menu. This allows users to view, download, and reference the
original crash report during their analysis. The crash report PDF can be redacted or unredacted
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versions depending on the user permission level.
References
City of Durham, NC
Leslie Tracey, Transportation Engineer
leslie.tracey@durhamnc.gov
Montana Department of Transportation
Patricia Burke, Traffic and Safety Engineering Section Supervisor
pburke@mt.gov
Georgia Department of Transportation
Samuel Harris, State Traffic Engineer
sharris@dot.ga.gov
Nebraska Department of Transportation
Don Butler, Highway Safety Engineer
don.butler@nebraska.gov
19
Proposed Schedule
The Proposed schedule below outlines the phases, milestones, and key deliverables required to
accomplish the Success Outcomes identified above.
Phase 1
Segment Analytics Onboarding Implementation
During Phase 1, Numetric will work with the Core Team to address the following organizational
goals as they relate to segment roadway data. Phase 1 will contribute to the completion of the
following the city of Bozeman Success Outcomes:
● Streamline Crash Data Access: Provide stakeholders with a centralized system to
quickly and easily retrieve accurate crash data for engineering and behavioral purposes.
● Enhance Reporting Capabilities: Provide standardized and custom reporting options
for internal and public reporting needs.
● Enable Advanced Analysis: Support network screenings and safety performance
evaluations for segments to identify and address roadway safety concerns
Milestone 1 - Planning & Crash Dataset Creation
Key Deliverables:
1. Completed Project Plan
2. Create Numetric Instance
3. Completed Initial Data Collection for Crash Query Application
Estimated Completion Date: 12 weeks from project kick-off
Milestone 2 - Streamline Crash Data Access
The City of Bozeman Success Outcomes Accomplished:
● Streamline Crash Data Access: Provide stakeholders with a centralized system
to quickly and easily retrieve accurate crash data.
Key Applications:
1. Crash Query
Key Deliverables:
1. Define Crash Data configuration: Identification of key fields, field labels, filterable
fields, and custom filters.
2. Configured Crash Query Application
3. Core Team Success Outcome Validation - Streamline Crash Data Access
4. Live Crash Query Application
Estimated Completion Date: 20 weeks from Project Kick-off
Dependencies: Phase 1 Milestone 1.3
Milestone 3 - Enhance Reporting Capabilities
20
City of Bozeman Success Outcomes Accomplished
● Enhance Reporting Capabilities: Provide standardized and custom reporting
options for internal and public reporting needs
Key Deliverables
1. Configured Dashboards application
2. Custom Filters for all crash data
3. Core Team Success Outcome Validation - Enhance Reporting Capabilities
4. Two Dashboards to be defined by the City of Bozeman prior to implementation.
Additional Dashboards can be completed during Ongoing Support
Key Applications:
1. Dashboards
Estimated Completion Date: 28 weeks from Project Kick-off
Dependencies: Phase 1 Milestone 1.3
Milestone 4 - Planning, Collection, & Configuration of Roadway Data - Segments
Key Deliverables:
1. Roadway Segmentation Data loaded into Numetric platform
2. The City of Bozeman Segment Grouping
Estimated Completion Date: 16 weeks from Project Kick-off
Milestone 5 - Enable Advanced Analysis - Segments
The City of Bozeman Success Outcomes Accomplished:
● Enable Advanced Analysis: Support network screenings and safety
performance evaluations to identify and address roadway safety concerns
Key Applications:
1. Network Screening Segments
2. Advanced Network Screening Segments
3. Sliding Window Analysis Segments
Key Deliverables:
1. Configured Network Screening - Segments Application
2. Configured Sliding Window Analysis Application
3. Core Team Success Outcome Validation - Enable Advanced Analysis
4. Live Enable Advanced Analysis Process - Segments
Estimated Completion Date: 36 weeks from Project Kick-off
Dependencies: Phase 1 Milestones 1.3, 3.1, 3.2
Phase 2
Intersection Analytics Onboarding Implementation
During Phase 2, Numetric will work with the Core Team to address the following organizational
goals as they relate to Intersection roadway data. Phase 2 will contribute to the completion of
the following The City of Bozeman Success Outcomes:
● Enable Advanced Analysis: Support network screenings & safety performance
evaluations for intersections to identify and address roadway safety concerns
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Milestone 1 - Planning, Collection, & Configuration of Roadway Data -
Intersections
Key Deliverables:
1. Roadway Intersection Data loaded into Numetric platform
2. The City of Bozeman Intersection Grouping
Estimated Completion Date: 36 weeks from Project Kick-off
Milestone 2 - Enable Advanced Analysis - Intersections
The City of Bozeman Success Outcomes Accomplished:
● Enable Advanced Analysis: Support network screenings and safety
performance evaluations for intersections to identify and address roadway safety
concerns
Key Applications:
1. Network Screening Intersections
2. Advanced Network Screening Intersections
3. Collision Diagrams Intersections
Key Deliverables:
1. Configured Network Screening - Intersection Application
2. Configure Advanced Network Screening - Intersection Application
3. Configured Collision Diagrams Intersection Application
4. Core Team Success Outcome Validation - Enable Advanced Analysis
5. Live Enable Advanced Analysis Process
Estimated Completion Date: 48 weeks from Project Kick-off
Dependencies:
1. Phase 1 Milestones 1.3, 4.1, 4.2
2. Phase 2 Milestone 1.2
Project Duration
The estimated project duration is 48 weeks from project kick-off, as per the project plan.
Numetric will work with the City of Bozeman to provide the required resources to meet a
schedule that would be agreeable to all parties. In addition, the schedule assumes reasonable
access to the City of Bozeman resources and does not allow for holidays, vacations, and
unforeseen delays in deliveries. Project timeline can vary depending upon the timing of
receiving and clarity of the source data from the City.
22
Price Proposal
Numetric has provided the following cost breakdown for licensing and implementation and
configuration services. The price and payment schedule is broken into two categories: SaaS
Licensing, and one-time Implementation and Configuration Services.
The total ammount for the proposed solution is $144,000.00, as outlined in the table below, and
covers the entire 3 year term of the contract, as well as all software, and services mentioned in
the proposal.
Price Proposal
Product/Service Cost
Saas Software Licensing (3 year term)
Includes:
● Crash Query
● Network Screening (Segments,
Intersections, and Sliding Window)
● Advanced Network Screening
(Segments, Intersections, and Sliding
Window)
● Dashboards
● Collision Diagrams
$144,000.00
Implementation and Onboarding, and
Ongoing Support
Includes:
● Data connections
● Data ETL processing
● Application configuration
● Training
● User support
● Ongoing account management
$0.00 (Waived)
Total $ 144,000.00
23
Attachments
Attachment A: NONDISCRIMINATION AND EQUAL
PAY AFFIRMATION
____________________________________(name of entity submitting) hereby affirms it will
not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the
hiring and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana
Equal Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices”
website, https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices
publication and has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
24
Numetric, Inc.
Numetric, Inc.
Ryan Loveless VP-Finance
Attachment B: Software as a Service Agreement
Software as a Service Agreement
This Software as a Service Agreement (“Agreement”), is made and entered into this _____
day of __________, 202__ (“Effective Date”), by and between the City of Bozeman, Montana,
a self-governing municipal corporation organized and existing under its Charter and the laws of
the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of
PO
Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________,
_______________, with a mailing address of __________________, hereinafter referred to as
“Provider.” The City and Provider may be referred to individually as “Party” and collectively as
“Parties.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the Parties hereto agree as follows:
1. Definitions.
a. “Aggregated Statistics” means data and information related to the City's use
of the Services that is used by Provider in an aggregate and anonymized manner,
including to compile statistical and performance information related to the provision and
operation of the Services.
b. “Authorized User” means the City's employees, consultants, contractors,
and agents (i) who are authorized by the City to access and use the Services under the
rights granted to the City pursuant to this Agreement and (ii) for whom access to the
Services has been purchased hereunder.
c. “Confidential Information” means, subject to Montana’s Open Records
Law, all written or oral information, disclosed by either Party to the other, related to the
operations of either Party or a third party that has been identified as confidential or that
by
the nature of the information or the circumstances surrounding disclosure ought
reasonably
to be treated as confidential. With respect to the City, Confidential Information must also
include any and all information transmitted to or stored by Provider in connection with
performance of its obligations under this Agreement, including, but not limited to,
personally identifiable information (“PII”) of residents, employees or people included
within the City’s data, including name, address, phone number, e-mail address, date of
birth, social security number, patient records, credit card information, driver’s license
number, account numbers, PINs and/or passwords, any other information that could
reasonably identify a person, and products, confidential intellectual property, trade
secrets, third-party confidential information, and other sensitive or proprietary
information, whether orally or in written, electronic, or other form or media/in written or
electronic form or media, and whether or not marked, designated, or otherwise identified
25
2/19 6
as “confidential.”
Confidential Information does not include information that, at the time of disclosure is: (a)
in the public domain; (b) known to the receiving Party at the time of disclosure; (c)
rightfully obtained by the receiving Party on a non-confidential basis from a third party; or
(d) independently developed by the receiving Party without reference to or use of the
disclosing Party’s Confidential Information.
d. “City's Data” means, other than Aggregated Statistics, information, data,
and other content, in any form or medium, that is submitted, posted, or otherwise
transmitted by or on behalf of the City or an Authorized User through the Services,
including, without limitation, the City's meter data and other energy data related to the
City's facilities located in the State of Montana. This information, data, and content may
also include that which is considered Confidential Information.
e. “Data Incident” means a breach of the City or the Provider’s security
leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure
of, or access to the City’s Data through the Services licensed to the City by the Provider.
f. “Documentation” means Provider’s user manuals, handbooks, and guides
relating to the Services provided by Provider to the City either electronically or in hard
copy form/end user documentation relating to the Services.
g. “Intellectual Property Rights” or “IP Rights” means any and all rights that
may exist under patent law, copyright law, publicity rights law, moral rights law, trade
secret law, trademark law, unfair competition law or other similar protections, whether or
not such rights are registered or perfected.
h. “Provider IP” means the Services, the Documentation, and any and all
intellectual property provided to the City or any Authorized User in connection with the
foregoing. For the avoidance of doubt, Provider IP includes Aggregated Statistics and
any
information, data, or other content derived from Provider’s monitoring of the City's
access
to or use of the Services, but does not include the City's Data.
i. “Services” means the on premise software-as-a-service license described in
the Scope of Services. See attached Exhibit A.
2. Purpose. City agrees to enter into this Agreement with Provider to perform for
the City the Services described in the Scope of Services, incorporated into this
Agreement and
attached as Exhibit A.
3. Term and Termination.
a. Term. The initial term of this Agreement begins on the Effective Date and,
unless terminated earlier pursuant to this Agreement’s express provisions, will
continue in effect for _______ months from such date (the “Initial Term”). This
Agreement will automatically renew for additional successive one (1) year
terms unless earlier terminated pursuant to this Agreement’s express provisions.
The Parties may extend this Agreement for three (3) additional one (1) year
terms.
b. Notice of Non-Renewal. A Party to this Agreement gives the other Party written
26
notice of non-renewal at least thirty (30) days prior to the expiration of the then-
current term (each a “Renewal Term” and together with the Initial Term, the
“Term”).
c. Termination.
i. Provider may terminate this Agreement, effective on written notice to the
City if the City: 1) fails to pay any amount when due hereunder, and such
failure continues more than sixty (60) days after Provider’s delivery of
written notice thereof; or 2) breaches any of its obligations under
Paragraph 6 of this Agreement
ii. Any Party to this Agreement may terminate their obligations under this
Agreement, effective on written notice to the other Parties, if another
Party materially breaches this Agreement, and such breach: 1) is incapable
of cure; or 2) being capable of cure, remains uncured sixty (60) days after
the non-breaching Party provides the breaching Party with written notice
of such breach; or
iii. Any Party to this Agreement may terminate this Agreement, effective
immediately upon written notice to the other Parties, if the other Party: 1)
becomes insolvent or is generally unable to pay or fails to pay its debts as
they become due; 2) files or has filed against it a petition for voluntary or
involuntary bankruptcy or otherwise becomes subject, voluntarily or
involuntarily, to any proceeding under any domestic or foreign
bankruptcy or insolvency law; 3) makes or seeks to make a general
assignment for the benefit of its creditors; or 4) applies for or has
appointed a receiver, trustee, custodian, or similar agent appointed by
order of any court of competent jurisdiction to take charge of or sell any
material portion of its property or business.
d. Expiration. Provider must notify the City 90 days in advance of this
Agreement’s expiration date.
e. Effect of Expiration or Termination. No expiration or termination will affect
the City's obligation to pay all Fees that may have become due before such
expiration or termination or entitle the City to any refund.
4. Scope of Services. Provider must perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this
Agreement and the Scope of Services, unless specifically provided otherwise, this
Agreement governs. Provider agrees to be bound by its responses to the City’s Cloud
Questionnaires, incorporated into and attached to this Agreement as Exhibit B and made
part of this Agreement. Such responses constitute material consideration for the City to
enter into this Agreement and the responses are material representations regarding the
Provider’s performance.
5. Access and Use.
a. Provision of Access to Services. Subject to and conditioned on the City's
payment of fees and compliance with the terms and conditions of this Agreement,
Provider
grants the City a non-exclusive, non-transferable license to the Services during the Term.
27
This license to the Services is solely for use by the City and its Authorized Users and
must be accessed and used in accordance with the terms and conditions set forth in this
Agreement. Unless otherwise agreed upon and detailed in the Scope of Services, such
access and use is limited to the City's internal use. If applicable, Provider must provide
to the City the necessary passwords and network links or connections to allow the City to
access the Services.
b. Documentation License. Subject to the terms and conditions contained in
this Agreement, Provider grants to the City a non-exclusive, non-sublicensable, non-
transferable license to use the Documentation during the Term solely for the City's
internal business purposes in connection with its use of the Services.
c. Designated Authorized Users. The City may designate the number of
Authorized Users permitted to access the Services.
d. Reservation of Rights. Provider reserves all rights not expressly granted to
the City in this Agreement. Except for the limited rights and licenses expressly granted
under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel,
or otherwise, to the City or any third party any intellectual property rights or other right,
title, or interest in or to the Provider IP.
e. Suspension. Notwithstanding anything to the contrary in this Agreement,
Provider may temporarily suspend the City's and any Authorized User’s access to any
portion or all of the Services if: i. Provider reasonably determines 1) there is a threat or
attack on any of the Provider IP; 2) the City's or any Authorized User’s use of the
Provider IP disrupts or poses a security risk to the Provider IP or to any other Customer
or vendor of Provider; 3) the City, or any Authorized User, are using the
Provider IP for fraudulent or illegal activities; or 4) Provider’s provision of
the Services to the City or any Authorized User is prohibited by applicable
Law; ii. any vendor of Provider has suspended or terminated Provider’s access to or
use of any third-party services or products required to enable the City to
access the Services; or iii. in accordance with Section 5(a)(iii) (any such suspension
described in sub-section (i), (ii), or (iii), a “Service Suspension”).
Provider must use commercially reasonable efforts to provide written notice within five (5)
business days prior to any planned Service Suspension to the City and provide updates
regarding resumption of Services following any Service Suspension. Provider must use
commercially reasonable efforts to resume providing access to the Services as soon as
reasonably possible after the event giving rise to the Service Suspension is cured. Provider
may be subject to liability for any damage, liabilities, losses (including any loss of data or
profits), or any other consequences that the City or any Authorized User may incur as a
result of a Service Suspension.
f. Aggregated Statistics. Notwithstanding anything to the contrary in this
Agreement, Provider may monitor the City's use of the Services, and collect and compile
Aggregated Statistics. As between Provider and the City, all right, title, and interest in
Aggregated Statistics, and all intellectual property rights therein, belong to and are
retained solely by Provider. The City acknowledges that Provider may compile
28
Aggregated Statistics based on the City's Data input into the Services. The City agrees
that Provider may: 1) make Aggregated Statistics publicly available in compliance with
applicable law, and 2) use Aggregated Statistics to the extent and in the manner
permitted under applicable law; provided that such Aggregated Statistics do not identify
the City or the City's Confidential Information.
6. The City's Responsibilities.
a. The City is responsible for all uses of the Services and Documentation
resulting from access provided by the City, directly or indirectly. The City must use
reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as
applicable to such Authorized User’s use of the Services, and must cause Authorized Users
to comply with such provisions.
b. Unless otherwise agreed, the City is responsible for creating and modifying
its data into the Services, and keeping the City’s data into the Services current and accurate.
c. The City must reasonably cooperate with Provider’s performance of
Professional Services. The City recognizes and agrees that performance of Professional
Services is contingent upon the City’s cooperation and as set forth in Paragraph 7.
d. The City may test the Provider’s Services in a live production environment
to ensure that it conforms to the specifications set forth in this Agreement and all Exhibits.
Upon acceptance, the City must pay the Provider in accordance with the Scope of Services.
See attached Exhibit A. If the City determines that the Services do not meet the
specifications set forth in this Agreement and all Exhibits, upon 60 days of receiving
written notice of such deficiencies, the City may terminate this Agreement if the Provider
does not cure the deficiencies. Provider must refund the City all sums already paid within
five (5) business days. Such termination and refund does not bar the City from pursuing
other remedies available under the Agreement or law.
7. Provider’s Obligations. To induce the City to enter into this Agreement, Provider
makes the following representations:
a. Provider has familiarized itself with the nature and extent of this
Agreement, all exhibits including but not limited to the Scope of Services, and with
all local conditions and federal, state and local laws, ordinances, rules, and
regulations that in any manner may affect cost, progress or performance of the
Scope of Services.
b. Provider represents and warrants to the City that it has the experience and
ability to perform the services required by this Agreement; that it will perform the
services in a professional, competent and timely manner and with diligence and
skill; that it has the power to enter into and perform this Agreement and grant the
rights granted in it; and that its performance of this Agreement must not infringe
upon or violate the rights of any third party, whether rights of copyright, trademark,
privacy, publicity, libel, slander or any other rights of any nature whatsoever, or
violate any federal, state and municipal laws. The City will not determine or
exercise control as to general procedures or formats necessary to have these
29
services meet this warranty.
c. Provider must ensure the Services delivered under this Agreement are
adequately secure, and must provide a secure environment for all of the City’s
Confidential Information, which may include, but is not limited to any hardware
and software (including servers, network and data components) to be provided or
used by the Provider as part of its performance under this Agreement. Provider
represents that the security measures it takes in performance of its obligations under
this Agreement are, and at all times will remain in compliance with all applicable
laws and regulations governing Provider’s access to, use of, and handling of the
City’s Data.
d. If Provider creates a new version of the Services, it must make the new
version available to the City at no additional cost. Provider must also provide the
City with any additional features or functionalities of the Services that it may
develop at no additional cost to the City.
8. Security. Provider must provide a secure environment for all of the City’s
Confidential Information and any hardware and Software (including servers, network and data
components) to be provided or used by Provider as part of its performance under this
Agreement.
Provider represents that the security measures it takes in performance of its obligations under
this
Agreement are, and will at all times remain in agreement with the industry’s minimum standards.
Provider’s failure to comply with the industry’s minimum standards in fulfilling its obligations
under this Agreement constitutes a breach of this Agreement. Additionally, Provider must
contractually require any subcontractors or agents with access to the City’s Confidential
Information to adhere to such Security Best Practices.
9. Indemnity/Waiver of Claims/Insurance. For other than professional services
rendered, to the fullest extent permitted by law, Provider agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims,
demands, actions, fees and costs (including attorney’s fees and the costs and fees of expert
witness and consultants), losses, expenses, liabilities (including liability where activity is
inherently or intrinsically dangerous) or damages of whatever kind or nature connected
therewith
and without limit and without regard to the cause or causes thereof or the negligence of any
party
or parties that may be asserted against, recovered from or suffered by the City occasioned by,
growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or
intentional misconduct of the Provider; or (ii) any negligent, reckless, or intentional misconduct
of any of the Provider’s agents.
For the professional services rendered, to the fullest extent permitted by law, Provider agrees to
indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or
intentional misconduct of the Provider or Provider’s agents or employees.
30
Such obligations must not be construed to negate, abridge, or reduce other rights or obligations
of indemnity that would otherwise exist. The indemnification obligations of this Section must not
be construed to negate, abridge, or reduce any common-law or statutory rights of the City as
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Provider’s indemnity under this Section must be without regard to and without any right to
contribution from any insurance maintained by City.
Should the City be required to bring an action against the Provider to assert its right to defense
or
indemnification under this Agreement or under the Provider’s applicable insurance policies
required below, the City must be entitled to recover reasonable costs and attorney fees incurred
in asserting its right to indemnification or defense but only if a court of competent jurisdiction
determines the Provider was obligated to defend the claim(s) or was obligated to indemnify the
City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Provider also waives any and all claims and recourse against the City, including the right of
contribution for loss or damage to person or property arising from, growing out of, or in any way
connected with or incident to the performance of this Agreement except “responsibility for
[City’s] own fraud, for willful injury to the person or property of another, or for violation of law,
whether willful or negligent” as per 28-2-702, MCA.
These obligations must survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Provider must at Provider’s expense secure
insurance coverage through an insurance company or companies duly licensed and authorized
to
conduct insurance business in Montana which insures the liabilities and obligations specifically
assumed by the Provider in this Section. The insurance coverage must not contain any
exclusion
for liabilities specifically assumed by the Provider in this Section.
The insurance must cover and apply to all claims, demands, suits, damages, losses, and
expenses
that may be asserted or claimed against, recovered from, or suffered by the City without limit
and without regard to the cause therefore and which is acceptable to the City. Provider must
furnish to the City an accompanying certificate of insurance and accompanying endorsements in
amounts not less than as follows:
Workers’ Compensation – statutory;
Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
Automobile Liability - $1,000,000 property damage/bodily injury per accident;
Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate; and
Cyber Liability - $1,500,000 per occurrence; $3,000,000 annual aggregate.
The above amounts must be exclusive of defense costs. The City must be endorsed as an
31
additional insured on a primary non-contributory basis on the Commercial General, Employer’s
Liability, Automobile Liability, and Cyber Liability policies. The insurance and required
endorsements must be in a form suitable to City and must include no less than a thirty (30) day
notice of cancellation or non-renewal. Provider must notify City within two (2) business days of
Provider’s receipt of notice that any required insurance coverage will be terminated or Provider’s
decision to terminate any required insurance coverage for any reason.
The City must approve all insurance coverage and endorsements prior to the Provider
commencing work.
10. Audit Right. Provider must retain a certified public accounting firm to perform an
annual audit of the Services’ data protection features and to provide a SOC 2 Type II report,
pursuant to the current standards of the American Institute of Certified Public Accountants. In
addition, Provider must annually conduct its own internal security audit and address security
gaps.
Provider must give the City a copy of the most current report from each audit conducted within
five (5) business days of receiving the report.
If requested by the City, Provider must, on a bi-annual basis, permit security reviews by the City
on those systems storing or processing City Data, on Provider policies and procedures relating
to
the foregoing, including without limitation its information security programs, and permit testing
of all security processes and procedures during the term, including without limitation,
penetration
testing.
Provider or its nominee (including its accountants and auditors) may, on reasonable request,
inspect and audit the City's use of the Services under this Agreement at any time during the
Term.
The City must make available all books, records, equipment, information, and personnel, and
provide all such cooperation and assistance, as may reasonably be requested by or on behalf of
Provider with respect to such audit.
11. General Use Restrictions. Copies of the Services created or transferred pursuant
to this Agreement are licensed and may only be used as set forth in this Agreement. The City
does
not receive any rights to the Services other than those specifically granted in this Agreement
and
its incorporated exhibits. Other than what is expressly permitted by the terms of this Agreement,
the City and its authorized users must not directly or indirectly copy or reproduce all or any part
of the Services, whether electronically, mechanically or otherwise, in any form including, but not
limited to, the copying of presentation, style or organization, without Provider’s prior written
permission. However, notwithstanding this restriction, the City has the right to reproduce and
distribute any of the Services generated from the City’s Data. Without limiting the above
restriction and right, the City receives no right to and must not:
a. copy, modify, create derivative works from, distribute, publicly display, or
publicly perform the Application;
b. sublicense or otherwise transfer any of the rights granted to it in this
Agreement and the Scope of Services;
32
c. reverse engineer, decompile, disassemble, or otherwise attempt to derive
source code or other trade secrets from the Application;
d. remove any proprietary notices from the Services or Documentation; or
e. use the Services or Documentation in any manner or for any purpose that
infringes, misappropriates, or otherwise violates any intellectual property right or
other right of any person, or that violates any applicable law.
12. Independent Contractor Status/Labor Relations. The Parties agree that
Provider is an independent contractor for purposes of this Agreement and is not
considered a
City employee for any purpose. Provider is not subject to the terms and provisions of the
City’s
personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Provider is not authorized to represent the City or
otherwise
bind the City in any dealings between Provider and any third parties.
13. Resources and Support. Provider must, throughout the Term, make
available such resources, including Provider personnel, as are reasonably required to:
a. train designated employee(s) of the City in the use of the Services;
b. support the obligations of the City provided in Paragraph 6;
c. develop modifications to the Services as agreed to by the Parties in any
exhibit attached to this Agreement; and
d. Provider must provide technical support to the City as described in Exhibit A,
Scope of Services, for the duration of this Agreement.
14. Transition Assistance. The Provider must provide transition assistance to the
City when requested in writing. Upon termination of this Agreement for any reason,
including
but not limited to termination for cause, the Provider must assist the City in the orderly
transition
to a new Provider. The City must have access to the Provider’s system and the
Provider’s
support of that system for up to one (1) year following termination. In this instance, for up
to one
(1) year following termination, the City must pay the Provider at its then-current hourly
rate(s).
The Provider grants the City a perpetual right to use the Application and Object Code if
any one
of the following occurs: (a) Provider’s insolvency, bankruptcy, or involvement in an
involuntary
proceeding for protection of its creditors; (b) Provider materially breaches this Agreement
and
the City terminates the Agreement; (c) Provider fails to continue development of the
Services;
(d) Provider fails to provide the City with the most recent version of the Services
33
contained in
the Application; or (e) any other circumstance whereby Provider can no longer satisfy its
obligation to provide Services to the State under this Agreement.
15. Limitation of Liability. The Provider's liability for contract damages is limited to
direct damages. The Provider must not be liable for special, incidental, consequential,
punitive,
or indirect damages. Damages caused by injury to persons or tangible property, or
arising from
any Provider indemnification under this Agreement, are not subject to a cap on the
amount of
damages.
16. Fees and Payment. Fees. The City must pay Provider the fees and make all
payments as set forth in the Scope of Services, without offset or deduction. See attached
Exhibit
A. Any alteration or deviation from the described Services that involves additional costs
above
the Agreement amount will be performed by Provider only upon receiving a written
request from
the City. Any alteration or deviation from the Services will become an additional charge
over
and above the amount listed in the Scope of Services. The City must agree in writing
before
Provider bills for any additional charges.
All Fees and other amounts payable by the City under this Agreement are exclusive of taxes
and
similar assessments. The City is responsible for all sales, use, and excise taxes, and any other
similar taxes, duties, and charges of any kind imposed by any federal, state, or local
governmental
or regulatory authority on any amounts payable by the City as set forth in this Agreement, other
than any taxes imposed on Provider’s income.
17. Confidential Information.
a. From time to time during the Term, a Party to this Agreement may disclose
or make available to the other Party Confidential Information, as defined in Section
1 of this Agreement, about its business affairs. The receiving Party must not
disclose the disclosing Party’s Confidential Information to any person or entity,
except to the receiving Party’s Authorized Users who have a need to know the
Confidential Information for the receiving Party to exercise its rights or perform its
obligations established in this Agreement.
b. Notwithstanding the foregoing, each Party may disclose Confidential
Information to the limited extent required:
i. in order to comply with the order of a court or other governmental
body, or as otherwise necessary to comply with applicable law, provided that the
Party making the disclosure pursuant to the order must first have given written
34
notice to the other Party;
ii. to establish a Party’s rights under this Agreement, including to
make required court filings; or
iii. to any Authorized User who may need to access Confidential
Information in order to facilitate or execute the purpose of this Agreement.
c. Unless otherwise required by law, each Party must not disclose Confidential
Information to any other third party not otherwise identified in this agreement
without the other Party’s prior written consent. Each Party’s obligations of non-
disclosure with regard to Confidential Information are effective as of the Effective
Date, and survive this Agreement and do not terminate. However, with respect to
any Confidential Information that constitutes a trade secret (as determined under
applicable law), such obligations of non-disclosure will survive the termination or
expiration of this Agreement for as long as such Confidential Information remains
subject to trade secret protection under applicable law.
d. Each Party must protect Confidential Information with the same degree of
care it uses to protect its own Confidential Information with of similar nature and
importance, but with no less than reasonable care. Each Party agrees to promptly
notify the other Party if there is a misuse or misappropriation of Confidential
Information.
18. Intellectual Property Ownership; Feedback.
a. Provider IP. The City acknowledges that, as between the City and Provider,
Provider owns all right, title, and interest, including all intellectual property rights,
in and to the Provider IP.
b. The City's Data. Provider acknowledges that, as between Provider and the City, the
City owns all right, title, and interest, including all intellectual property rights, in
and to the City's Data. The City grants to Provider a non-exclusive, royalty-free,
worldwide license to reproduce, distribute, and otherwise use and display the City's
Data and perform all acts with respect to the City's Data as may be necessary for
Provider to provide the Services to the City. The City also grants to Provider a non-
exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce,
distribute, modify, and otherwise use and display the City's Data incorporated
within the Aggregated Statistics. Unless the City provides written consent, Provider
must not access or use the City’s Data for any other purpose than as described in
this Agreement.
c. Feedback. If the City or any of its Authorized Users sends or transmits any
communications or materials to Provider by mail, email, telephone, or otherwise,
suggesting or recommending changes to the Provider IP, including without
limitation, new features or related functionality, or any comments, questions,
suggestions, or the like (“Feedback”), Provider may use the City’s Feedback
irrespective of any other obligation or limitation between the Parties governing such
Feedback. The City retains all right, title, and interest in the Feedback.
19. Data Location. Provider must not transfer the City’s Data outside of United States
or the Provider’s location as identified in the first paragraph of this Agreement unless it
receives the City’s prior written consent or unless the transfer is to the Provider’s data center
35
and such transfer is necessary for the execution of the Services.
20. Access to Data. The City may access and copy any of the City’s Data in Provider’s
possession at any time. Provider must reasonably facilitate such access and copying promptly
after Customer’s request. In this instance, Provider may charge its reasonable standard fees for
any such access and copying or for any fees related to the de-conversion of data.
21. Deletion of Data. Except as authorized by applicable law, Provider must not erase
the City’s Data or any copy without the City’s prior written consent.
22. Data Incidents. Provider must implement and maintain a program for managing
unauthorized disclosure of, access to, or use of the City’s Data. In case of a Data Incident,
Provider must notify the City, in writing or by phone, within 48-hours of the incident. Provider
must cooperate with the City and law enforcement agencies to investigate and resolve the Data
Incident, including but not limited to providing reasonable assistance to the City in notifying
injured third parties. In addition, if the Data Incident results from Provider’s breach of this
Agreement or negligent or unauthorized act or omission, Provider must compensate the City
for any reasonable expense related to notification of customers and provide one year of credit
monitoring to any affected individual. Provider must give the City prompt access to such
records related to a Data Incident.
23. Functional Warranty. Provider warrants that the Application and Services,
including any modifications that are made by Provider or under Provider’s instructions do not
contain any material defects, and will conform in all material respects to the specifications,
functions, descriptions, standards and criteria set forth in the Agreement, its Exhibits, and the
Documentation, which are all incorporated herein by reference. Provider further warrants that all
post-Acceptance updates, alterations, or modifications to the Services will not materially
diminish
the features or functionality of the Application and Services. Provider must promptly correct any
errors identified by the City in the Application and in any modification to the Application at no
cost to the City. If, Provider is unable to correct such errors within 30 days following notification
by the City, then Provider must at the City’s request accept return of the Application and return
all
money paid for the Application and maintenance. The City may also pursue any other remedies
available to it under this Agreement or by law or equity.
24. Virus Warranty. Provider warrants that it has used commercially reasonable efforts
to ensure against introduction of any virus into the City’s systems. Provider must immediately
advise the City, in writing, upon reasonable suspicion or actual knowledge that the Services may
contain a Virus. If a Virus is found to have been introduced into the City’s systems by the
Services
within 30 days after the Effective Date of this Agreement, Provider must repair or replace the
Services within ten (10) business days. If Provider cannot accomplish the foregoing within such
time, then the City must discontinue use of the Services, and Provider must refund all money
paid
for the Services and maintenance as set forth in the Scope of Services. See Exhibit A. Provider
must use all reasonable commercial efforts, at no additional charge, to assist the City in
reducing
the effects of the Virus and, if the Virus causes a loss of operational efficiency or loss of data, to
36
assist the City to the same extent to mitigate and restore such losses. In addition, Provider must
indemnify, defend and hold the City harmless from any claims, suits, damages, liabilities, losses,
and reasonable attorney fees resulting from any such Viruses. The limitation of liability
described in Paragraph 15 does not apply to this indemnification obligation.
25. Remedy for When Services are Subject of a Claim. If any Services furnished are
likely to or does become the subject of a claim of infringement of a third party’s IP Rights, then
the Provider may request the City accept an alternative Service and the City may agree to one
of the following alternative Services: 1) procure for the City the right to continue using the
alleged infringing Services; 2) modify the Service so that it becomes non-infringing; 3) or replace
it with one that is at least functionally equivalent. If the Provider is unable to any of the above
three remedies, or if the use of the Services by the City is prohibited by an injunction, temporary
restraining order, or other court order, the City must return the Services to the Provider within
five (5) days of receiving Provider’s request in writing. The Provider must then give the City a
credit equal to the amount paid to the Provider for the creation of the Services. The City is not
precluded from seeking other remedies available agreed upon in this Agreement or in equity or
law for any damages it may sustain due to its inability to continue using the Services. The
Limitations of Liability set forth in Paragraph 15 of this Agreement does not apply to Provider’s
obligations under this Section and the City’s right to seek additional remedies arising from
Provider's infringement of a third party’s IP Rights.
26. Representatives and Notices.
a. City’s Representative. The City’s Representative for the purpose of this
Agreement must be _________________ or such other individual as City must
designate in writing. Whenever approval or authorization from or
communication or submission to City is required by this Agreement, such
communication or submission must be directed to the City’s Representative and
approvals or authorizations must be issued only by such Representative;
provided, however, that in exigent circumstances when City’s Representative is
not available, Provider may direct its communication or submission to other
designated City personnel or agents as designated by the City in writing and may
receive approvals or authorization from such persons.
b. Provider’s Representative. The Provider’s Representative for the purpose of this
Agreement must be _____________________ or such other individual as
Provider must designate in writing. Whenever direction to or communication
with Provider is required by this Agreement, such direction or communication
must be directed to Provider’s Representative; provided, however, that in exigent
circumstances when Provider’s Representative is not available, City may direct
its direction or communication to other designated Provider personnel or agents.
c. Notices. All notices required by this Agreement must be in writing and must be
provided to the Representatives named in this Section. Notices must be deemed
given when delivered, if delivered by courier to Party’s address shown above
during normal business hours of the recipient; or when sent, if sent by email or
fax (with a successful transmission report) to the email address or fax number
provided by the Party’s Representative; or on the fifth business day following
mailing, if mailed by ordinary mail to the address shown above, postage prepaid.
37
Wayne Hill
27. Miscellaneous.
a. Entire Agreement. This Agreement, together with any other documents
incorporated herein by reference and all related Exhibits, including the Cloud
Services Questions, constitutes the sole and entire agreement of the Parties with
respect to the subject matter of this Agreement and supersedes all prior and
contemporaneous understandings, agreements, and representations and warranties,
both written and oral, with respect to such subject matter. In the event of any
inconsistency between the statements made in the body of this Agreement, the
related Exhibits, and any other documents incorporated herein by reference, the
following order of precedence governs: 1) this Agreement, excluding its Exhibits;
2) the Exhibits to this Agreement as of the Effective Date; and 3) any other
documents incorporated herein by reference.
b. Permits. Provider must provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including
a City of Bozeman business license, and inspections from applicable governmental
authorities, and pay all fees and charges in connection therewith.
c. Laws and Regulations. Provider must comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to,
all workers’ compensation laws, all environmental laws including, but not limited
to, the generation and disposal of hazardous waste, the Occupational Safety and
Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety
Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building
and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business
statutes and regulations.
d. Nondiscrimination and Equal Pay. Provider agrees that all hiring by Provider of
persons performing this Agreement must be on the basis of merit and qualifications.
Provider will have a policy to provide equal employment opportunity in accordance
with all applicable state and federal anti-discrimination laws, regulations, and
contracts. Provider will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term,
condition, or privilege of employment because of race, color, religion, creed,
political ideas, sex, age, marital status, national origin, actual or perceived sexual
orientation, gender identity, physical or mental disability, except when the
reasonable demands of the position require an age, physical or mental disability,
marital status or sex distinction. Provider must be subject to and comply with Title
VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and
all regulations promulgated thereunder.
Provider represents it is, and for the term of this Agreement will be, in compliance
with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA
(the Montana Equal Pay Act). Provider must report to the City any violations of the
Montana Equal Pay Act that Provider has been found guilty of within 60 days of
such finding for violations occurring during the term of this Agreement.
Provider must require these nondiscrimination terms of its subcontractors providing
38
services under this Agreement.
e. Force Majeure. In no event must a Party to this Agreement be liable to another
Party, or be deemed to have breached this Agreement, for any failure or delay in
performing its obligations under this Agreement, if and to the extent such failure or
delay is caused by any circumstances beyond one Party’s reasonable control,
including but not limited to acts of God, flood, fire, earthquake, explosion, war,
terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns
or other industrial disturbances, or passage of law or any action taken by a
governmental or public authority, including imposing an embargo.
f. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training. Provider
must not permit or suffer the introduction or use of any intoxicants, including
alcohol or illegal drugs, by any employee or agent engaged in services to the City
under this Agreement while on City property or in the performance of any activities
under this Agreement. Provider acknowledges it is aware of and must comply with
its responsibilities and obligations under the U.S. Department of Transportation
(DOT) regulations governing anti-drug and alcohol misuse prevention plans and
related testing. The City must have the right to request proof of such compliance
and Provider must be obligated to furnish such proof.
The Provider must be responsible for instructing and training the Provider’s
employees and agents in proper and specified work methods and procedures. The
Provider must provide continuous inspection and supervision of the work
performed. The Provider is responsible for instructing its employees and agents in
safe work practices.
g. Modification and Assignability. This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Provider
may not subcontract or assign Provider’s rights, including the right to compensation
or duties arising hereunder, without the prior written consent of the City. Any
subcontractor or assignee will be bound by all of the terms and conditions of this
Agreement.
h. Reports/Accountability/Public Information. Provider agrees to develop and/or
provide documentation as requested by the City demonstrating Provider’s
compliance with the requirements of this Agreement. Provider must allow the City,
its auditors, and other persons authorized by the City to inspect and copy its books
and records for the purpose of verifying that the reimbursement of monies
distributed to Provider pursuant to this Agreement was used in compliance with
this Agreement and all applicable provisions of federal, state, and local law. The
Provider must not issue any statements, releases or information for public
dissemination without prior approval of the City.
i. Non-Waiver. A waiver by either Party of any default or breach by the other Party
of any terms or conditions of this Agreement does not limit the other Party’s right
to enforce such term or conditions or to pursue any available legal or equitable
rights in the event of any subsequent default or breach.
j. Attorney’s Fees and Costs. In the event it becomes necessary for either Party to
retain an attorney to enforce any of the terms or conditions of this Agreement or to
39
give any notice required herein, then the prevailing Party or the Party giving notice
must be entitled to reasonable attorney's fees and costs, including fees, salary, and
costs of in-house counsel including the City Attorney’s Office staff.
k. Taxes. Provider is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
l. Dispute Resolution.
i. Any claim, controversy, or dispute between the Parties, their agents, employees,
or representatives must be resolved first by negotiation between senior-level
personnel from each Party duly authorized to execute settlement agreements.
Upon mutual agreement of the Parties, the Parties may invite an independent,
disinterested mediator to assist in the negotiated settlement discussions.
ii. If the Parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a
court of competent jurisdiction in compliance with the Applicable Law
provisions of this Agreement.
m. Survival. Provider’s indemnification must survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
n. Headings. The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the
particular paragraphs to which they refer.
o. Severability. If any portion of this Agreement is held to be void or unenforceable,
the balance thereof must continue in effect.
p. Applicable Law. The Parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
q. Binding Effect. This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the Parties.
r. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be
relied upon or enforced by a third party.
s. Integration. This Agreement and all Exhibits attached hereto constitute the entire
agreement of the Parties. Covenants or representations not contained herein or
made a part thereof by reference, are not binding upon the Parties. There are no
understandings between the Parties other than as set forth in this Agreement. All
communications, either verbal or written, made prior to the date of this Agreement
are hereby abrogated and withdrawn unless specifically made a part of this
Agreement by reference.
t. Counterparts. This Agreement may be executed in counterparts, which together
constitute one instrument.
u. Consent to Electronic Signatures. The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic
Transactions Act, Title 30, Chapter 18, Part 1, MCA.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the
Effective Date.
PROVIDER City of Bozeman
By:_______________________________
Name: ____________________________
Title: _____________________________
By:_______________________________
Name: ____________________________
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Ryan Loveless
VP-Finance
Attachment C: City of Bozeman Cloud Services
Questionnaire
Cloud Services Questions
Q1) Service Levels: What level of service should we expect? What is the
City’s recourse for excessive downtime? Refund of percentage of
monthly fee?
Q1) Answer: Numetric shall be accountable for meeting the
following Service Level Agreement for support services:
Refund of percentage of monthly fees can be discussed within
contract negotiations.
Q2) Data Ownership: Who owns the data we provide, and what can be done with the
data?
Q2) Answer: Ownership is dependent upon the different data feeds provided
and agreed upon (ex: City of Bozeman and Montana Department of
Transportation). Usage is determined by the data owners.
Q3) ADA Compliance: If your proposed services include websites, they must
be AA compliant as defined by WCAG (Web Content Accessibility
Guidelines) standards.
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Defect
Severity
Level
During Business
Hours Initial
Acknowledgement
During Business Hours
Response for Resolution
Critical 2 hours 24 hours
High 4 hours 2 business days
Medium 1 business day 4 business days
Low 2 business days 10 business days
Q3) Answer: The Numetric Dashboard application is currently are
WCAG AA compliant, and it is on our development roadmap to have
all Numetric applications followWCAG AA guidelines.
Q4) Data Security: How secure is our data, and how is it being kept secure?
● a. If this is a multi-tenant environment on the same hardware, how is
our data kept separate and secure from other customers, including
any PII (Personally Identifiable Information) that may be gathered?
● b. If PII is gathered, is it encrypted in transit and at rest?
● c. If credit card transactions are occurring is your system fully PCI
compliant?
Q4) Answer: PII is not gathered and credit card transactions do not
occur in the system. The data is kept secure by several several
means:
1. Encryption in transit and at rest
2. Fully cloud based utilizing AWS physical security (US-WEST-2
region)
3. Role Based Access Control (RBAC) available to control access to
data utilizing principle of least privilege
4. The nature of the solution (Focus is on providing analytics over
existing data) obviates the need for most data editing features. Any
data edits layer on top of the original data instead of mutating it.
This is a multi-tenant environment on the same hardware:
Numetric was designed as a cloud-native multi-tenant solution from
the inception. Tenant awareness is a bedrock component of
authentication, authorization and data access. Tenant data is
partitioned using best practices of each storage technology used for
tenant data persistence: (i.e. separate databases of a shared host,
separate namespaces, and separate partition keys). The tenant id is
a fundamental component of the authentication token and the
authenticated tenant is used for each data create, read, update, and
delete operation.
Q5) Data Integrity: What do you do as a vendor to ensure our data maintains
its integrity?
Q5) Answer:
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Automated regular backups and regular recovery testing. Encryption
in-transit and at rest. Secure Development Lifecycle Policy with
non-modifiable audit trail logging, separation of duties, required peer
reviews and quality testing prior to deployment. Role Based Access
Controls (RBAC) enabling use of principle of least privilege.
Maintenance of an exact copy of the original customer data for at-will
comparison with original system of record and repeatable, auditable
data transformations - no mechanism for undetectable data mutation
by anyone.
Q6) We require data centers to be located in the United States: What country
will our data be located in?
Q6) Answer: United State (US-WEST-2 AWS region)
Q7) Responding to legal demands to disclose data: What is your process
when someone subpoenas or requests our data from you as a vendor?
Q7) Answer: Numetric does not own the data, referral will be back to
the original source owners, ex: City of Bozeman and Montana
Department of Transportation.
Q8) Reporting: What is your protocol for data breaches?
Q8) Answer:
1. Detection & Reporting - Incidents reported immediately to VP of
Engineering (Incident Response Manager)
2. Triage & Classification - Assess severity, classify the incident, and
activate response team
3. Containment - Isolate affected systems to prevent further incidents
4. Investigation - Determine scope, root cause, and data affected
5. Notification - Customers and regulators notified without undue delay
per contractual commitments and applicable legislation
6. Eradication & Recovery - Remove threat, restore systems from
clean backups, validate integrity
7. Post-Incident Review - Document lessons learned, update controls
to prevent recurrence.
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Q9) Disaster Recovery: What protections/protocols do you have in place to
mitigate disasters?
Q9) Answer:
Non-destructable backups. Encryption in-transit and at-rest with
customer managed keys (CMKs). SOC-2 Type II attestation
maintained under continuous audit.
10) Business Continuity/Exit: If you decide to bring your business to an end or
we end our relationship, what happens to our data? If you give us a copy
of our data, what format options will there be for our data and what
assistance will you provide getting our data to us?
Q10) Answer:
Upon any termination, Numetric will make all Customer Data available to the
City of Bozeman for electronic retrieval for a period of thirty (30) days (CSV or
Excel format), but thereafter Company may, but is not obligated to, delete stored
Customer Data.
Q11) Termination rights and consequences: What is your termination policy
both for you as a vendor and us as a customer?
Q11) Answer:
Either party may request termination at least thirty (30) days prior to the end of
the then-current term.
In addition to any other remedies it may have, either party may also terminate
upon thirty (30) days’ notice (or without notice in the case of nonpayment), if
the other party materially breaches any of the terms or conditions. Customer
will pay in full for the Services up to and including the last day on which the
Services are provided.
Questionnaire Completed by:____________________________
Date:_________________
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Numetric, Inc.
2/19/2026