Res No 247-10-13281RESOLUTION NO. 247-10-13281
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, authorizing the City Manager to execute an agreement
piggybacking the City of Fort Lauderdale multi -year agreement for an
initial three years with two one year options to renew with Verrus Mobile
Technologies, Inc. to provide cell phone or equivalent technology as payment
method for multi -space parking stations within the City of South Miami,
and providing an effective date.
WHEREAS, the City of South Miami wishes to provide the parking public with the
latest state -of -the -art technology in cell phone payment options; and
WHEREAS, the City is currently implementing thirty -eight (38) multi -space parking
stations replacing approximately three hundred thirty (330) single spaced meters; and
WHEREAS, this system will offer the general public the option to use their cell
phones or similar technology as a way to process payments while utilizing a pay for
parking space located within the City of South Miami.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The City Manager is authorized to execute an agreement
piggybacking the City of Fort Lauderdale multi -year agreement for an initial three years
with two one year options to renew with Verrus Mobile Technologies, Inc. to provide cell
phone or equivalent technology as payment method for multi -space parking stations.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 16 day of Nov. , 2010.
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READ AND APPROVED AS TO FORM
APPROVED-
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MAYA
COMMISSION VOTE: 5 -0
ANDS F CIENCY: Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
CITY ATTORNEY Commissioner Harris: Yea
Page 1 of 1
Additions shown by underlinine and deletions shown by oyefstfiking.
South Miami
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CITY OF SOUTH MIAMI 1 .
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: Hector Mirabile, PhD, City Manager
From: Alfredo Riverol, CPA, CrFA, Chief Financial Officer
Date: November 3, 2010 Agenda Item No.:
A Resolution of the Mayor and City Commission of the City of South Miami,
Florida, authorizing the City Manager to execute an agreement piggybacking the
City of Fort Lauderdale multi -year agreement for an initial three years with two
Subject: one year options to renew with Verrus Mobile Technologies, Inc. to provide cell
phone or equivalent technology as payment method for multi -space parking
stations within the City of South Miami.
The City of South Miami wishes to provide the parking public with the latest state -
of -the -art technology in cell phone payment options. The City is currently
implementing thirty -eight (38) multi -space parking stations replacing
approximately three hundred thirty (330) single spaced meters. This system will
offer the general public the option to use their cell phones or similar technology as
a way to process payments while utilizing a pay for parking space located within
the City of South Miami.
Furthermore, Verrus Mobile Technologies will provide thirty -eight (38) pay
station signs. Additionally, large decals for the multi -space pay stations and
Background: smaller decals for single spaced meters. Verrus will cover up to $20,000 in
signage costs for the initial deployment. Therefore, the signs and decals will be at
no cost to the City.
Verrus primarily generates revenue directly from transaction fees charged to users
of the Pay -by -Phone system. Therefore, a careful balance needs to be considered
between consumer pricing, adoption and recovery of costs associated with service
operation including telephone, text messaging and payment processing. The users
will have two fees associated to the Pay -by -Phone system, a convenience fee of
$0.25 charged per parking transaction and an optional text message reminder fee
of $0.10.
• City of Fort Lauderdale Pay by Phone parking system bid 695- 10262.
• Example of payment options sign picture.
Backup • Signed agreement between the City of Fort Lauderdale and Verrus Mobile
Documentation: Technologies, Inc.
• Verrus Mobile Technologies, Inc. cost proposal.
• Comparable multi -space parking station sign quotes.
City of Fort Lauderdale
CITY OF FORT LAUDERDALE
,SPECIFICATIONS PACKAGE
695 -10262
PAY BY PHONE PARKING PAYMENT
SYSTEM
Rick Andrews
954- 828 -4357
Bid 695 -10262
Mar 30, 2009 8:07:05 AM EDT P. t
City of Fort Lauderdale
Bid 695 -10262
PAY BY PHONE PARKING PAYMENT SYSTEM
Bid Number 695 - 10262
Bid Title PAY BY PHONE PARKING PAYMENT SYSTEM
Bid Start Date Mar 30, 2009 8:04 :25 AM EDT
Bid End Date Apr 16, 2009 2:00:00 PM EDT
Question & Answer Apr 8, 2009 5:00:00 PM EDT
End Date
Bid Contact Rick Andrews
Procurement Specialist II
Procurement
954 -828 -4357
Randrews@fortlauderdale.gov
Contract Duration See Specifications
Contract Renewal See Specifications
Prices Good for 90 days
Bid 695 -10262
Bid Comments The City of Fort Lauderdale is seeking proposals from qualified Contractors to provide
cell phone or equivalent technology, as a payment method for metered and lot parking
within the City of Fort Lauderdale. The City currently has 154 multi -space meters,
approximately 2300 single space meters, and approximately 10,000 public paid parking
spaces. It is anticipated that proposals in response to this RFP will provide a system to
offer the general public the option to use their cell phones or similar technology as a
way to process payments while utilizing a pay for parking space located within the City
of Fort Lauderdale.
The City of Fort Lauderdale wishes to provide the parking public with the latest state -of-
the -art technology in cell phone payment options. The City expects that all respondents
to the RFP will be able to incorporate the current City meter identification numbers into
their proposed system.
Item Response Form
Item
695 - 10262 -1 -01 - PARKING CUSTOMER TRANSACTION CHARGE
Quantity
i each
Unit Price
Delivery Location
City of Fort Lauderdale
See RFP Specifications
See RFP Specifications
Fort Lauderdale FL 33301
Qty 1
Description
PROVIDE A PER TRANSACTION CHARGE TO THE CUSTOMER
Mar 30, 2009 8:07:05 AM EDT p, 2
City of Fort Lauderdate
REQUEST FOR PROPOSAL (RFP) 695 -10262
PAY BY PHONE PARKING PAYMENT SYSTEM
PART I — INTRODUCTION
1.01. Purpose
Bid 695 - 10262
The. City of Fort Lauderdale, Florida (City) is seeking proposals from qualified firms, hereinafter referred to
as the Contractor or Proposer, to provide a Pay by Phone Parking Payment System for parking patrons
utilizing City metered and lot parking facilities at no cost to the City in accordance with the terms,
conditions, and specifications contained in this Request for Proposals (RFP) and at no cost to the City.
1.02. Information or Clarification
For information contact Rick Andrews, Procurement Specialist at (954) 8284357 or
randrews(a)fortlauderdale.aov. Such contact shall be for clarification purposes only. Material changes, if
any, to RFP will be by written addendum.
Any questions that Proposers wish to have addressed and which might require an addendum should be
submitted through the City of Fort Lauderdale's electronic bid service www.bidsvnc.com at least 7 days
prior to the RFP open date. If required, a written addendum will be issued.
1.03. Competency of Proposers
Proposals will be evaluated in accordance with the qualifications, requirements and evaluation criteria as
stated in this RFP. The Proposer must demonstrate in their proposal response that they are principally and
routinely engaged in performing the services specified in PART IV — TECHNICAL SPECIFICATIONS /
SCOPE OF SERVICES, are qualified to perform such services and, if applicable to the work and required
by the local jurisdiction, are properly and legally licensed to perform such services.
1.04 Contract Term
The Initial contract term shall commence on date of award and shall end three (3) years from that date. The
City reserves the right to extend the contract for two (2) additional one (1) year terms under the same
terms, conditions and specifications, however subject to cost adjustment as provided herein, providing both
parties agree to the extension, Contractor performed satisfactorily; and such extension is approved by the
City.
The City may require a trial test period to determine if the Contractor can perform in accordance with the
requirements of the contact, and to the City's satisfaction. Such trial test period may be from thirty (30) to
ninety (90) days, and will be conducted under all specifications, terms and conditions contained in the
contract. This trial period will then become part of the initial contract period.
A performance evaluation will be conducted prior to the end of the test period and that evaluation will be the
basis for the City's decision to continue with the Contractor or to select another Contractor.
In the event services are scheduled to end because of the expiration of this contract, the Contractor shall
continue the service upon the request of the Director of Procurement Services. The extension period shall
not extend for more than ninety (90) days beyond the expiration date of the existing contract. The
Contractor shall be compensated for the service at the rate(s) in effect when the City invokes this extension
clause.
1.05. Price Proposal
Proposer shall propose a fixed per transaction fee in accordance with the requirements of this RFP.
Mar 30, 2009 6:07:05 AM EDT P. 3
City of Fort Lauderdale
1.06. Fee Adjustments
Bid 695 -10262
Fees for all services provided under this contract shall remain firm for the first year of the initial contract
term. Thereafter fees for each remaining initial contract term and any extended contract term shall be
subject to an adjustment only if increases occur in the industry. However, unless very unusual and
significant changes have occurred in the industry, such increases shall not exceed 5% per year or,
whichever is less, the latest yearly percentage increase in the Consumer Price Index — All Urban
Consumers CPU -U All Items Miami -Fort Lauderdale Area as published by the Bureau of Labor Statistics,
U.S. Department of Labor. The yearly increase, or decrease in the CPI shall be that latest index published
and available ninety (90) days prior to the end of the contract year then in effect compared to the index for
the same month one year prior. Any requested price increase shall be fully documented and submitted to
the City at least ninety days prior to the contract anniversary date. Any approved cost adjustments shall
become effective upon the anniversary date of the contract and remain firm for the new contract period. In
the event the CPI or industry costs decline, the City shall have the right to receive from the Contractor a
reasonable reduction in fees that reflect such cost changes in the industry.
The City may, after examination, refuse to accept the adjusted fees if they are not properly documented,
increases are considered to be excessive, or decreases are considered to be insufficient. in the event the
City does not wish to accept the adjusted fees and the matter cannot be resolved to the satisfaction of the
City the contract may be cancelled by the City upon giving thirty (30) days written notice to the Contractor.
Mar 30, 2009 8:07:05 AM EDT p� 4
City of Fort Lauderdale
PART II - RFP SCHEDULE
Release RFP 3/27/09
Last Date for Receipt of Questions. of a Material Nature 4/8/09
Addendum Release (If required) 4/10/09
PROPOSALS DUE (No Later Than 2:00 PM DST) 1 4/16/09
Bid 695.10262
Evaluation /Selection Committee Meeting to Review
and Short -List Proposals * 4/29/09 (estimated)
Presentations by Short - Listed Proposers * 5/13/09 (estimated)
Award by City Commission 6/19/09 (estimated)
* If necessary
Mar 30, 2009 8:07;05 AM EDT P. 5
City of Fort Lauderdaid
PART Ill - SPECIAL CONDITIONS
3.01. General Conditions
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RFP General Conditions Form G -107 Rev. 11/08 (GC) are included and made a part of this RFP.
3.02. Variances
While the City allows Proposer to take variances to the RFP terms, conditions, and specifications, the
number and extent of variances taken will be considered in determining proposal responsiveness and in
allocating proposal evaluation points. See Section 1.06 of GC.
3.03. Public Entity Crimes Act
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not
submit a bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work
as a, supplier, subcontractor, or Contractor under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor
list.
3.04. News Releases / Publicity
News releases, publicity releases, or advertisements relating to this contract or the tasks or projects
associated with the project shall not be made without prior City approval.
3.05. RFP Documents
The Contractor shall examine this RFP carefully. Ignorance of the requirements will riot relieve the
Contractor from liability and obligations under the Contract.
3.06. Proposers Cost
The City shall not be liable for any costs incurred by proposers in responding to this RFP.
3.07. Rules and Proposals
The signer of the proposal must declare that the only person(s), company or parties interested in the
proposal as principals are named therein; that the proposal is made without collusion with any other
person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without
collusion or fraud; and that the signer of the proposal has full authority to bind the principal proposer.
3.08. Invoices / Payment
The City will accept invoices upon completion of tasks specified in the final scope of services, however no
more frequently than once per month. Each invoice shall fully detail the hourly costs and all related costs
and shall specify the status of the particular task or project as of the date of the invoice as regards the
accepted schedule for that task or project. Payment will be made within thirty (30) days after receipt of an
invoice acceptable to the City.
If, at any time during the contract, the City shall not approve or accept the Contractor's work product, and
agreement cannot be reached between the City and the Contractor to resolve the problem to the City's
satisfaction, the City shall negotiate with the Contractor on a payment for the work completed and usable to
the City. This negotiated payment shall be based on the overall task or project breakdown, relative to the
Mar 30, 2009 8:07:05 AM EDT P. 6
City of Fort Lauderdale
projected number of hours for each task element, and the percentage of work completed.
3.09. No Exclusive Contract/ Additional Services
Bid 695 -10262
Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement
and further agrees that the City may, at any time, secure similar or identical services at its sole option.
While this contract is for services provided to the department referenced in this Request for Proposals, the
City may require similar work for other City departments. Contractor agrees to take on such work unless
such work would not be considered, reasonable or become an undue burden to the Contractor.
3.10. Deletion or Modification of Services
The City reserves the right to delete any portion of this Contract at anytime without cause, and if such right
is exercised by the City, the total fee shall be reduced in the same ratio as the estimated cost of the work
deleted bears to the estimated cost of the work originally planned. If work has already been accomplished
on the portion of the Contract to be deleted, the Contractor shall be paid for the deleted portion on the basis
of the estimated percentage of completion of such portion.
If the Contractor and the City agree on modifications or revisions to the task elements, after the City has
approved work to begin on a particular task or project, and a budget has been established for that task or
project, the Contractor will submit a revised budget to the City for approval prior to proceeding with the
work.
3.11. Additional items
The City may require additional items of a similar nature, but not specifically listed in the contract. The
Contractor agrees to provide such items, and shall provide the City prices on such additional items based
upon a formula or method that is the same or similar to that used in establishing the prices in its proposal.
If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction
of the City, the City reserves the right to procure those items from other vendors, or to cancel the contract
upon giving the Contractor thirty (30) days written notice.
3.12. Substitution of Personnel
It is the.intention of the City that the Contractor's personnel proposed for the contract will be available for
the initial contract term. In the event the Contractor wishes to substitute personnel, he shall propose
personnel of equal or higher qualifications and all replacement personnel are subject to City approval. In
the event substitute personnel are not satisfactory to the City and the matter cannot be resolved to the
satisfaction of the City, the City reserves the right to cancel the Contract for cause. See Section 5.09
General Conditions.
3.13. Ownership of Work
The City shall have full ownership and the right to copyright, otherwise limit, reproduce, modify, sell, or use
all of the work or product produced under this contract without payment of any royalties or fees to the
Contractor above the agreed hourly rates and related costs.
3.14. Independent Contractor
The Contractor is an independent contractor under this Agreement. Personal services provided by the
Contractor shall be by employees of the Contractor and subject to supervision by the Contractor, and not as
officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security, health
insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to
services rendered under this Contract shall be those of the Contractor.
War 30, 2009 8:07:05 AM EDT p• 7
City of Port Lauderdale
3.15. Subcontractors
Bid 695.10262
If the Contractor proposes to use subcontractors in the course of providing these services to the City, this
information shall be a part of the RFP response. Such information shall be subject to review, acceptance
and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove
of any subcontractor candidate in its best Interest.
Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and
conditions of this Contract. Contractor shall be fully responsible for all of Contractor's subcontractor's
performance, and liable for any of Contractor's subcontractor's non - performance and all of Contractor's
subcontractor's acts and omissions. In addition to other indemnification provisions contained in this
contract, Contractor shall defend at Contractor's expense, counsel being subject to the City's approval or
disapproval, and indemnify and hold harmless the City and the City's officers, employees and agents from
and against any claim, lawsuit, third party action, settlement,. or judgment, including any award of attorney
fees and any award of costs, by or in favor of any of Contractor's subcontractors for payment for work
performed for the City by any of such subcontractors, and from and against any claim, lawsuit, third party
action; settlement, or judgment, including any award of attorney fees and any award of costs, occasioned
by or arising out of any act or omission by any of Contractor's subcontractors.
3.16. Insurance
The Contractor shall furnish Contractors and Contractor's subcontractor's proof of Worker's Compensation
Insurance, General Liability Insurance and Comprehensive Automobile Liability Insurance. The coverage is
to remain in force at all times during the contract period. The following minimum insurance coverage is
required. The City is to be added as an "additional insured" with relation to General Liability and
Automobile Insurance. Anv costs for addina the Citv as "additional insured" will be at the Contractor's
expense.
Worker's Compensation and Employer's Liability Insurance,
Limits: Worker's Compensation — Statutory 440.055
Employer's Liability - $500,000
Any firm performing work on behalf of the City of Fort Lauderdale must provide Worker's Compensation
insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Statute.
For additional information contact the Department of Financial Services, Worker's Compensation Division at
(850) 413 -1601 or on the web at www.fidfs.com.
Commercial General Liability. Insurance
Covering premises - operations, products - completed operations, independent Contractors and contractual
liability.
Limits: Combined single limit bodily injury/property damage $1,000,000.
This coverage must include:
a. Coverage for the liability assumed by the Contractor under the indemnity provision of the contract.
b. Coverage for hazards commonly referred to as "explosion, collapse and underground ", exclusions —
on contract contracts off.
Automobile Liability Insurance
Covering all owned, hired and non -owned automobile equipment.
Limits: Bodily injury $ 250,000 each person
$ 500,000 each occurrence
Property damage $ 100,000 each occurrence
Combined single limit $1,000,000 (bodily injury and property damage combined) each occurrence
Mar 30, 2009 8:07:05 AM EDT P. 8
City of Fort Lauderdale
General aggregate limit $2,000,000
A copy of any current Certificate of Insurance should be included with your proposal.
Bid 695 -10262
In the event that the Proposer is recommended for award of a contract, the Proposer will be required to
provide a certificate of insurance within 15 days naming the City as an "additional insured" for both General
Liability and Automobile.
Certificate holder should be addressed as follows:
City of Fort Lauderdale
Procurement Services Department
100.N. Andrews Avenue, Room 619
Ft. Lauderdale, FL 33301
3.17. Lobbying Activities
ALL PROPOSERS PLEASE NOTE: Any Proposer or proposer submitting a response to this solicitation
must comply, if applicable, with City of Fort Lauderdale Ordinance No. C- 00 -27, Lobbying Activities.
Copies of Ordinance No. C -00 -27 may be obtained from the City Clerk's Office on the 7th Floor of City Hall,
100 N. Andrews Avenue, Fort Lauderdale, Florida. The ordinance may also be viewed on the City's
website at http //www fortlauderdale aov/ clerk/ LobbyistDocs /lobbvfstord10p9.Adf.
3.18. BidSync (Electronic Bid Service)
The City of Fort Lauderdale uses BidSync (,A .bidsync.com) to distribute and receive bids and proposals.
There is no charge to vendors /Contractors to register and participate in the solicitation, nor will any fees be
charged to the awarded vendor. Refer to www.bidsvnc.com for further information.
3.19. Bid Tabulations L Intent To Award
Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation process, requiring City
Commission action, may be found at http: / /www.fortlauderdale.gov /purchasing /notices_of_intent.htm.
Tabulations of receipt of those parties responding to a formal solicitation may be found at
http: / /www,fortlauderdale.gov /purchasing /bldresults.htm, or any interested party may call the Procurement
Office at 954 - 828 -5933.
Mar 30, 2009 8:07:05 AM EDT P, 9
City of Fort Lauderdale
PART IV - TECHNICAL SPECIFICATIONS f SCOPE OF SERVICES
4.01. OVERVIEW:
Bid 695 -10262
The City of Fort Lauderdale is seeking proposals from qualified Contractors to provide cell phone or
equivalent technology as a payment method for metered and lot parking within the City of Fort Lauderdale.
The City currently has 164 multi -space meters, approximately 2300 single space meters, and approximately
10,000 public paid parking spaces. It is anticipated that proposals in response to this RFP will provide a
system to offer the general public the option to use their cell phones or similar technology as a way to
process payments while utilizing a pay for parking space located within the City of Fort Lauderdale.
The City of Fort Lauderdale wishes to provide the parking public with the latest state -of- the -art technology
in cell phone payment options. The City expects that all respondents to the RFP will be able to incorporate
the current City meter identification numbers into their proposed system.
4.02. SILENCE OF SPECIFICATIONS:
The apparent silence of the specifications as to any detail or omission for it as a detailed description
concerning any specific requirement shall be regarded as meaning that only the best commercial practices
are to prevail and that only materials and workmanship of first quality are to be used. All interpretations of
these specifications shall be made upon the basis of this statement.
4.03. SYSTEM ACCEPTANCE TEST
A System Acceptance Test of the proposed Pay by Phone Parking Payment System is required to be
performed by the awarded Contractor to demonstrate that the proposed system meets the requirements of
this RFP. The Proposer shall include in their response submittal a System Acceptance Test Plan including
an implementation time line schedule.
Mar 30, 2009 8:07:05 AM EDT P. 10
City of Foil Lauderdale
PART V — PROPOSAL EVALUATION CRITERIA
Bid 695 -10262
An evaluation committee of qualified City staff and/or non -City persons selected by the City will conduct
evaluations of proposals by a two -step process. In step one the committee will evaluate all responsive
proposals based upon the information and references contained in the proposals as submitted. The
committee will score and rank all responsive proposals and determine a minimum of three (3), if more than
three (3) proposals are responsive, to be finalists (short- listed firms) for further consideration. In the event
there are less than three (3) responsive proposals, the committee will give further consideration to all
responsive proposals received. In step two the committee may conduct oral presentations with the finalists
(short- listed firms) and re -score and re -rank the finalists (short- listed firms') proposals. The first ranked
proposer will be recommended to the City Commission for award of a contract.
Evaluation of proposals will be performed utilizing the following evaluation criteria and assigned points:
1. Qualifications and expertise, including number of similar projects Completed and the specific method
in which these projects were achieved, qualifications of proposer and staff. Proposed systems
layout, capabilities and versatility. (30% POINTS)
2. Overall ease of use for the customer and for the City's Parking Administration personnel. Ability of the
proposed system to interface with the City Parking Administration's current business practices and cost
to the customer per transaction. Proposed System Acceptance Plan and implementation schedule.
(30% POINTS)
3. Past performance and references. (16% POINTS)
4. Cost: (price per transaction charge to customer, no charge to City). (25% POINTS)
TOTAL POSSIBLE POINTS: 100
The City of Fort Lauderdale reserves the right, before awarding any contract to require a Proposer to
submit any evidence of its qualifications as the City may deem necessary, and to consider any evidence
available of financial, technical and other qualifications and capabilities, including performance experience
with past and present users.
The City of Fort Lauderdale reserves the right to request additional clarifying information and request an
oral presentation from any and all Proposers prior to determination of award.
The City reserves the right to award a contract to that Proposer or to more than one Proposer who will best
serve the best interest of the City. The City reserves the right based upon its deliberations and in its
opinion, to accept or reject any or all proposals. The City. also reserves the right to waive minor
irregularities or variations to the specifications and in the bidding process.
NOTE REGARDING PRICE PROPOSAL POINTS: The firm providing the lowest cost to the City will
receive the maximum of 25 points. Points awarded to other Proposers are determined by a
mathematical formula. When using this formula, a Proposer that submits a cost which is two times
greater than the cost of the lowest responsive, responsible Proposer, will result in receiving zero points
for cost.
Mar 30, 2009 8:07:05 AM EDT P. 11
City of Fort Lauderdale
PART VI - REQUIREMENTS OF THE PROPOSAL
Bid 695 -10262
All proposals must be submitted in the format as specified below. Any attachments must be clearly identified. To
be considered, the proposer must respond to all parts of the RFP. Any other information thought to be relevant, but
not applicable to the enumerated categories, should be provided as an attachment to the proposal. if documents
are supplied in response to a requirement, the response should include a reference to the requirement being
addressed and page number. This will serve as an identifiable reference for the proposal evaluators. Proposals not
providing this reference will be considered to have no reference material included in the additional documents.
Proposals are due at the date and time specified in Part II — RFP Schedule. It is the Proposers responsibility to
submit its proposal at the place, time and date specified in this RFP.
All proposals are to be furnished via electronic submittal or hard copy as follows: If submitting electronically the
proposal documents shall be attached or uploaded to the electronic response.
Electronic Submittal:
www.bid
if submitting via hard copy, please submit one (1) original and five (5) copies, for a total of six (6). All proposals
must be submitted in a sealed package with the RFP number, RFP due date, and RFP title clearly marked on the
outside. If more than one package is submitted they should be marked 1 of 2, etc. Hand delivery, or via other
delivery means (U.S. Mail, FedEx, UPS, etc) shall be to:
City of Fort Lauderdale
Procurement Services Department
100 N. Andrews Avenue, Room 619
Fort Lauderdale, FL 33301
The President, Vice - President or Principal or other person who is authorized to contractually bind the Proposer
should sign and submit the Bid J Proposal Signature Page. See Tab 10 of the Proposal Format Section.
The Proposal shall be indexed in accordance with the Proposal Format Section following.
Mar 30, 2009 8:07:05 AM EDT p. 12
City of Fort Lauderdale
PART VI - REQUIREMENTS OF THE PROPOSAL
PROPOSAL FORMAT SECTION
The Proposal shall be indexed in the following order:
Tab 1. Letter of Interest / Cover Letter - Briefly state the Proposers understanding of the services
to be rendered, and make a positive commitment to perform according to the requirements noted in
this RFP.
Tab 2. Narrative - Proposer shall include a comprehensive narrative to include the following:
Understanding of the City's requirement for a Pay by Phone Parking System and the Proposers
overall approach to meeting those requirements, including a detailed description of the proposed
system. Insert the RESPONSE MATRIX under this tab.
Tab 3. Licenses, Professional Certificates, insurance — Submit a copy of any licenses, and
professional certificates that proposer possesses as part of doing business. Also include proof of
the insurance requirements specified in Paragraph 3.17 of Part III — Special Conditions of this RFP.
Tab 4. Company Profile —Provide legal corporate name and address, telephone and fax number,
E -mail address and Web page address of the Proposers firm including legal entity of any proposed
partnership orjoint venture. Firm(s) must be registered as a legal entity In the Florida Department of
State Division of Corporations. Provide years in business, state whether the firm is local, regional,
or national, is public or privately held, give a list of owners and /or partners and management
executives of the firm, provide any additional information regarding the Proposers company that the
Proposer wishes to supply to augment its proposal.
Tab 5. Joint Venture — If submitting as a joint venture, submit a copy of the joint venture
agreement including the financial agreement between the parties and the percentage of
participation of the parties.
Tab 6. Qualifications / Experience - Describe Proposers experience and nature of service with
contracts and projects of similar size and complexity as the system being proposed to the City of
Fort Lauderdale for the previous three (3) years.
Tab 7. Current Customers - Provide a list of current major customers along with contact person's
name and telephone numbers.
Bid 695 -10262
Tab 8. Cost Proposal — If submitting the response either electronically or by hard copy insert a copy of the
completed Item Response Form under this Tab.
Tab 10. Non - Collusion Statement and Bid/ Proposal Signature Page -Sign and insert the Bid/
Proposal Signature Page under this Tab. The President, Vice - President or other person who is
authorized to contractually bind the Proposer should sign the Bid /proposal Signature Page. The
Non - Collusion statement should be inserted under this Tab.
Mar 30, 2009 8:07:05 AM EDT p. 13
City of Fort Lauderdale
RESPONSE MATRIX
(44 ITEMS)
Bid 695 -10262
PROPOSERS SHOULD RESPOND TO ALL ITEMS LISTED IN THIS RESPONSE MATRIX AND
INCLUDED IT IN THEIR RESPONSE SUBMITTAL
Mar 30, 2009 8:07:05 AM EDT p. 14
Description
Comments
1.
Describe how a customer would register to
use your system for the first time. .Describe
'
in detail what options would be available to
the customer and what connectivity your
system requires in order to process
transactions.
2.
Can customers review their profile and
�
parking history over the Internet?
-- - _..._ - .._...__.....,....., i
3•
Decie detail
��
requirements ands stems are In lace to
as
data well the customers'.
4.
Does your system support International
cell - phones and credit cards? List and
\5
attach copies of any security certifications
.\
your company holds..
5..
Does your system require pre - registration
before its use, if not please describe the
.
process. Are users required to pay an
annual membership fee? Does your
a
system require a per use or transaction
°-- °-° -- - - - -- —
fee? If so how much?
6•
Can a customer use your system without
any additional hangtags, barcodes or other
M
items to display or attach to the vehicle?
\
Explain
7.
Describe the process by which the City will
be reimbursed for parking time. How often?
By what means (check, wire, automatic
M
deposit, etc). Describe in detail the
exchange of revenue from cell- phone -paid
- -- - -- — -° -- -- -° - r
parking.
8.
Describe the various contact options your
system provides a customer. Does your
system have a toll free number? What
hours can a customer contact a live person
} g
for support.
-- — - --
9.
Describe your process for resolving
customer complaints; attach a separate
policy document if appropriate.
10.
Describe what items are required to identify
Mar 30, 2009 8:07:05 AM EDT p. 14
City of Fort Lauderdale
Bid 69510262
Mar 30, 2009 8:07:05 AM EDT P- 15
a vehicle to your system, and what items
are required to identify a vehicle to the
parking space.
11.
Describe in detail the location, number of
I
meters, spaces etc of your two largest
IN
customers. Where, and for how long have
they been your customer?
12.
Now many customers are registered and
lam'
actively using your system? Please
describe numbers of customers and which
F
cities they are in.
13.
Describe the process your system utilizes
to notify customers of pending or expired
parking time. Please provide specific
details as to the process and infrastructure
used, attach separate document if
------- - - -_ -_
necessary.
14.
What is the credit card settlement process
used by your system /software? Provide
samples of reports. Can reports be
modified as to form and format by City's IT
staff? Can report data be exported to .
- - -- - - -• —__._
Excel? Please describe.
15:
Can a customer utilize your system using
any phone or are they restricted to the
y
phone used for registration? Please
describe.
I -
16.
Does the system have the ability to:
a) Utilize maximum stay restrictions?
Explain
\
r�
b) Restrict people from re- parking and
paying via cell phone for a configurable
period even after parking expires? Explain.
c} Process transactions using varying
meter rates based on day of week or time
SO
of day? For example, $1.00 /hr until 6 pm,
then $1.75 hr until 2 a.m. the next morning.
We have approximately 60 different
"zones" in a matrix of meter rate, hours and
days of enforcement, maximum parking
time, and some that have split rates
depending on the time of day. Describe
how your system would differentiate as to
how to how much to charge the customer
and whether or not to accept additional
payment for time outside of the allowable
parking time.
17.
What limitations if any does your system
Mar 30, 2009 8:07:05 AM EDT P- 15
City of Fort Lauderdale
Bid 69510262
Mar 30, 2009 8:07:05 AM EDT P. 16
have when processing rates and
restrictions? Does your system have a
v
limitation to the number of rates and
zones?
16.
Are there any minimum or maximum
WIN
transaction dollar amounts that a customer
to the time?
mr-
may add parking meter
f
19.
Parking Services frequently changes the
configuration of metered parking with
;f
regard to expansion and contraction of
multi -space and single -space meter
inventories. Describe how adding /deleting
-- -- -- -- -- —° m_
a lot, street, or garage location is
accomplished to assist with the proper,
location reporting of cell phone revenues
and for enforcement.
_
20.
Does your system allow one -time event
k
parking at a flat rather other then the
standard meter rate for that location?
NO I
"M
Describe what would be required by the
customer and the City in order to utilize this
-
process.
21.
Does the system allow the user to add time
MON
to an unexpired meter? Describe the
process and any restrictions.
f�
22.
Does your system require integration with a
parking meter system or the parking meter
if so how, please describe.
23.
How does a user pay for parking in a pay -
and- display lot, pay-for -space or on- street
parking? Please describe each process in
detail.
24.
Can your system integrate real -time with
multi -space meters? Please describe in
detail what multi -space meters and the
\�
process.
25•
Does your system process parking
transactions for gated locations? Please
describe the process, locations involved,
vendors and equipment used.
26.
The City uses at least two different parking
meter vendors and different models of
meters for each vendor. How does your
system handle this from the perspective of
the customer? From the perspective of the
-- -• ° — — — - -- - ° - ^- -
City?
27.
Is your service in live use at over five (5)
0
US cities? If so, provide names and
g3
references.
T
Does your service integrate with wireless
Mar 30, 2009 8:07:05 AM EDT P. 16
City of Fort Lauderdale
Bid 695 -10262
Mar 30, 2009 8:07:05 AM EDT P. 17
handheld enforcement systems? If yes,
provide examples of live sites and how?
o
29.
Is the parking enforcement information
available real -time? If yes, please explain,
>
process.
30.
Is the parking enforcement information
available wirelessly'9 if yes, please explain
process.
r'
31.
Do you have a marketing plan to inform the
City's parking customers of the availability
WIN
of pay -by -phone (i.e. recruitment process,
decals, signage, advertisement mediums,
N
etc.)? Please describe. If there are any
- .:......_......,., -_... ._....._... .__.__ _..-. --- �_ - -_
costs to the City, please include in your
rice proposal.
32.
Y
Is there interface capability with our
handhelds? What is it?
(City currently has Duncan X -3)
33.
Is There system ortabili ty, scalabilit ,and
support? Explain?
34.
Is your system P.C.I. compliant? Please
describe the policy and procedures you
have in place to keep and maintain the
compliance.
35.
Do ou allow the customers to use their
own merchant accounts for credit card
a
processing? Provide details.
36.
i 0
Do we directly receive the credit card
payments from our consumers parking
transactions? How?
'
�~
37.
Does your system have the ability to
provide information on meters that are out
�0
of order or need service?
_..- -- ....._._.._.....__..._ __._- --------------
38.
Can your system forward a report of meter
malfunctions directly to field technicians?
How?
39.
Can your system report on meter downtime
and repairs? Please describe.
�f x
40.
Can your system process parking
Mar 30, 2009 8:07:05 AM EDT P. 17
City of Fort Lauderdale
Bid 69510262
Mar 30, 2009 8:07:05 AM EDT P. 18
payments while a broken meter is being
reported? How?
41.
Does your organization develop and own
its core technology or is it licensed from a
third party? Details
42.
Is the enforcement component system
A.
compatible with the Duncan X-3 handheld
device?
43.
1
What is the per transaction charge to the
Ngi
customer? Are there any fees or charges
to the City? If so, describe.
44.
Having a highly reliable system is a key
concern to the City. Describe your system's
reliability in terms of wind and rain
operability in downtown areas with high-rise
buildings etc. What events typically cause
------- - ---- --- J
down time" and for how long?
Mar 30, 2009 8:07:05 AM EDT P. 18
City of Fort Lauderdale
Questionnaire
Please print or type:
1. Provide three references for which you have performed similar services.
2.
3.
EN
Company' -
Address:
Contact Name:
Telephone:
Company Name:
Address: _,- ,•_____
ContactName:rw „___._.M_____
Telephone: ..._.._..,..._ ............... ------ . - - - --
Company. Name:___ ..
Address:
Contact Name: __-._-.._ TT._____...---__..-....______.... ._....,___..--- ---- .._.........
Telephone: _. ...._..._.._., -__ .. _..,_ _:•.__
Number of years experience the proposer has had in providing similar services:
f Years
Have you ever failed to complete work awarded to
List aDorooriate licenses as issued
If so, where and why?
Bid 695 -10262
5: Briefly describe the number of employees and supervisors available for this contract and the
firm's abilitv.to secure subcontractors, if necessary.
Mar 30, 2009 8:07:05 AM EDT P. 19
City of Fort Lauderdale
Bid 695 -10262
6. Briefly describe your firm's financial status and provide proof of adequate line of credit or other
financial assets to access funds for construction of multiple projects during the same time period.
The proposer understands that the information contained in these proposal pages is to be relied upon
by the City in awarding the proposed contract, and such information is warranted by the proposer to be
true. The proposer agrees to furnish such additional information, prior to acceptance of any proposal
relating to the qualifications of the proposer, as may be required by the City.
Please review the questionnaire to make sure all questions have been answered. Attach additional
sheets if necessary. Failure to answer each question could result in the, disqualification of your bid.
Mar 30, 2009 8:07:05 AM EDT p. 20
City of Fort Lauderdale
NON - COLLUSION STATEMENT:
Bid 695 -10262
By signing this offer, the vendodoontractor certifies that this offer is made independently and free from collusion.
Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any relative of any such
officer or employee who is an officer or director of, or has a material interest in, the vendor's business, who is in
a position to influence this procurement.
Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications or
requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this
procurement is presumed, for purposes hereof, to be in a position to influence this procurement.
For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the
total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is
awarded to this vendor.
In accordance with City of Fort Lauderdale FL Policy and Standards Manual, 6.10.8.3,
3.3. City employees may not contract with the City through any corporation or business entity in
which they or their immediate family members hold a controlling financial interest (e.g. ownership of
five (5) percent or more).
3.4. Immediate family members (spouse, parents and children) are also prohibited from contracting
with the City subject to the same general rules.
Failure of a vendor to disclose any relationship described herein shall be reason for debarment
in accordance with the provisions of the City Procurement Code.
NAME
BE LATIONSHIP3
in the event the vendor does not indicate any names, the City shall interpret this to mean that the vendor
has indicated that no such relationships exist.
Mar 30, 2009 8:07:05 AM EDT p. 21
City of Fort Lauderdale Bid 695 -10262
City of Fort Lauderdale
GENERAL CONDITIONS
These Instructions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement
Services Department. The City may delete, supersede, or modify any of these standard instructions for a particular contract by Indicating
such change in the Invitation to Bid (ITS) Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal
Advertisement. in this general conditions document, Invitation to Bid (ITS) and Request for Proposal (RFP) are interchangeable.
J?A T-(- „B19DER PROPOSAL PAGE(St CONDITIONS:
1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity
Class item through our bid issuing service, BidSync. Notices of Invitations to Bid (ITB'S) are sent by e-mail to the selection of
bidders who have fully registered with BidSync or faxed Of applicable) to every vendor on those lists, who may then view the bid
documents online. Bidders who have been informed of a bid's availability in any other manner are responsible for registering with
BidSync in order to view the bid documents. There Is no fee for doing so. If you wish bid notifications be provided to another e-mail
address or fax, please contact BidSync, if you wish purchase orders sent to a different address, please so indicate in your bid
response. it you wish payments sent to a different address, please so indicate on your invoioe.
1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITS. The City reserves the right to cancel any
orders, or part thereof, without obligation if delivery is not made in accordance with the schedule specified by the Bidder and
accepted by the City.
1.03 PAYMENT TERMS AND CASH DISCOUN'17S: Payment terms, unless otherwise stated in this ITS, will be considered to be net
30 days after the date of satisfactory delivery at the place of acceptance and receipt of correct Invoice at the office specified,
whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of
award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery,
at the place of acceptance, and receipt of correct invoice, at the office specified, whichever occurs last.
1.04 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid, such discount shall be.deducted from
the total of the firm net unit prices bid and shall be considered in tabulation and award of bid.
1.05 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm
for acceptance by the City for a period of ninety (90) days from the date of bid opening unless otherwise stated in the ITS.
1.06 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight, from ITS General
Conditions, Special Conditions, Specifications or Addenda In the space provided in the ITS. No variations or exceptions by a
Bidder will be considered or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and
referenced in the space provided on the bidder proposal pages. If variances are not stated, or referenced as required, it will be
assumed that the product or service fully compiles with the City's terms, conditions, and specifications.
By receiving a bid, City does not necessarily accept any variances contained in the bid. All variances submitted are subject to
review and approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in
nature, the City reserves the right to reject the bid or part of the bid that is declared, by the City as conditional
1.07 NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond, do not offer product or
service, unable to meet specifications, schedule would not permit, or any other reason, in the space provided in this ITB. Failure to
bid or return no bid comments prior to the bid due and opening date and time, indicated In this ITS, may result in your firm being
deleted from our Bidders registration list for the Commodity Class Item requested in this ITS,
1.08 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort
Lauderdale wants to increase the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WEE), and
Small Business Enterprises (SBE) in its procurement activities. if your firm qualifies In accordance with the below definitions
please indicate in the space provided In this ITS.
Minority Business Enterprise (MBE) "A Minority Business” is a business enterprise that is owned or controlled by one or more
socially or economically disadvantaged persons. Such disadvantage may arise from cultural, racial, chronic economic
circumstances or background or other similar cause. Such persons include, but are not limited to: Blacks, Hispanics, Asian
Americans, and Native Americans.
The term "Minority Business Enterprise" means a business at least 51 percent of which is owned by minority group members or, in
the case of a publicly owned business, at least 51 percent of the stock of which is owned by minority group members. For the
purpose of the preceding sentence, minority group members are citizens of the United States who include, but are not limited to:
Blacks, Hispanics, Asian Americans, and Native Americans,
Women Business Enterprise (WSE) a "Women Owned or Controlled Business" is a business enterprise at least 51 percent of
which is owned by females or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by
females.
Small Business Enterprise (SEE) "Small Business" means a corporation, partnership, sole proprietorship, or other legal entity
formed for the purpose of making a profit, wkiich Is independently owned and operated, has either fewer than 100 employees or
less than $1,000,000 in annual gross receipts.
BLACK, which includes persons having origins in any of the Black racial groups of Africa.
WHITE, which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including
Mar 30, 2009 8:07:05 AM EDT p. 22
City of Fort Lauderdale..
Bid 695.10262
Pakistani and East Indian.
HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban. Central and South American, or other Spanish culture or
origin, regardless of race.
NATIVE AMERICAN, which includes persons whose origins are American Indians, Eskimos, Aleuts, or Native Hawaiians.
ASIAN AMERICAN, which includes persons having origin In any of the original peoples of the Far East, Southeast Asia, the Indian
subcontinent, or the Pacific Islands.
1.09 MINORITY -WOMEN BUSINESS ENTERPRISE PARTICIPATION
It is the desire of the City of Fort Lauderdale to increase the participation of minority (MBE) and women -owned (WSE) businesses
in its contracting and procurement programs. While the City does not have any preference or set aside programs in place, it is
committed to a policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative
describing their past accomplishments and Intended actions in this area. If proposers are considering minority or women owned
enterprise participation in their proposal, those firms, and their specific duties have to be identified in the proposal. If a proposer Is
considered for award, he or she will be asked to meet with City staff so that the intended MBFJWBE participation can be
formalized and Included in the subsequent contract.
Part 11 DEFINITlONSIORDER OF PRECEDENCE:
2.01 BIDDING DEFINITIONS The City will use the following definitions in it's general conditons, special conditions, technical
specifications, Instructions to bidders, addenda and any other document used In the bidding process:
. - INVITATION TO BID (ITS) when the City is requesting bids from qualified: Bidders.
REQUEST FOR PROPOSALS (RFP) when the City is requesting proposals from qualified Proposers.
. BID —a price and terms quote received in response to an ITS.
PROPOSAL —a proposal received in response to an RFP.
BIDDER — Person or firm submitting a Bid.
PROPOSER — Person or firm submitting a Proposal.
RESPONSIVE BIDDER — A person whose bid conforms in all material respects to the terns and conditions included in the ITB.
RESPONSIBLE BIDDER —A person who has the capability In all respects to perform in full the contract requirements, as stated in
the ITB, and the integrity and reliability that will assure good faith performance.
FIRST RANKED PROPOSER — That Proposer, responding to a City RFP, whose Proposal is deemed by the City, the most
advantageous to the City after applying the evaluation criteria contained in the RFP.
SELLER — Successful Bidder or Proposer who Is awarded a Purchase Order or Contract to provide goods or services to the City.
CONTRACTOR - Successful Bidder or Proposer who Is awarded a Purchase Order, award Contract, Blanket Purchase Order
agreement, or Term Contract to provide goods or servioes to the City.
CONTRACT — A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a
certain act or acts, including all types of agreements, regardless of what they may be called, for the procurement or disposal of
equipment, materials, supplies, services or construction.
CONSULTANT — Successful Bidder or Proposer who Is awarded a contract to provide professional services to the City.
The following terms may be used interchangeably by the City: ITB and /or RFP; Bid or Proposal; Bidder, Proposer, or Seller;
Contractor or Consultant; Contract, Award, Agreement or Purchase Order.
2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITS that may be in variance or conflict with these
General Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are
made in the Special Conditions, then the General Conditions shall prevail in theirentirety,
PART III BIDDING AND Ayd!ARQ PROCEDURES: ..
3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration, bids must be received prior to the bid opening date and time.
Unless otherwise specified, Bidder's should use the proposal forms provided by the City. These forms may be duplicated, but
Failure to use the forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in Ink and initialed
by Sldder1n Ink. All information submitted by the Bidder shall be printed, typewritten or tilled in with pen and ink. Bids shall be
signed in ink. Separate bids must be submitted for each ITB issued by the City in separate sealed envelopes property marked.
When a particular ITB or RFP requires multiple copies of bids or proposals they may be included in a single envelope or package
properly sealed and identified. Only send bids via facsimile transmission (FAX) if the ITB specifically states that bids sent via FAX
will be considered. If such a statement is not Included to the ITB, bids sent via FAX will be rejected. Bids wilt be publicly opened in
the Procurement Office, or other designated area, In the presence of Bidders, the public, and City staff. Bidders and the public are
invited and encouraged to attend bid openings. Bids will be tabulated and made available for review by Bidder's and the public in
accordance with applicable regulations.
3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available
and replaced with an updated model with new specifications, the Bidder shall enter the correct model number on the bidder
proposal page. In the case of an updated model with new specifications, Bidder shall provide. adequate Information to allow the
City to determine If the model bid meets the City's requirements.
3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total, In the case of a
discrepancy in computing the amount of the bid, the unit price quoted will govern. All prices quoted shall be F.O.B, destination,
freight prepaid (Bidder pays and bears freight charges, Bidder owns goods In transit and files any claims), unless otherwise stated
in Special Conditions. Each item must be bid separately. No attempt shall be made to tie any item or Items contained in the ITB
with any other business with the City.
3.04 TAXES: The City of Fort Lauderdale Is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible
Mar 30, 2009 8:07:05 AM EDT P. 23
City of Fort Lauderdale
Bid 59610282
property. Exemption number for Federal Excise taxes Is 59.74.0111 K, and State Sales tax exemption number is 85- 8013875578C -1.
3.05 WARRANTIES OF USAGE: Any quantifies listed in this ITS as estimated or projected are provided for tabulation and Information
purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's
- needs as they arise.
3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog
number with acceptance of APPROVED EQUAL, it shall be for the purpose of establishing a level of quality and features desired
and acceptable to the City. In such cases, the City will be receptive to any unit that would be considered by qualified City
personnel as an approved equal. In that the specified make and model. represent a level of quality and features desired by the
City, the Bidder must state clearly in the bid any variance from those specifications. It is the Bidder's responsibility to provide
adequate Information, in. the bid, to enable the City to ensure that the bid meets the required criteria. If adequate Information is not
submitted with the bid, It may be rejected. The City will be the sole judge in determining if the Item bid qualifies as an approved
equal.
3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are
considered minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical
specifications are overly restrictive, the bidder must notify the Procurement Services Department immediately. Such notification
must be received, by the Procurement Services Department prior to the deadline contained in the ITS, for questions of a material
nature, or prior to five (5) days before bid due and open date, whichever occurs first. If no such notification is received prior to that
deadline, the City will consider the technical specifications to be acceptable to all bidders.
3.08 MISTAKES: Bidders are cautioned to examine all terms, conditions, specifications, drawings, exhibits, addenda, deiveiy
instructions and special conditions pertaining to the ITS. Failure of the Bidder to examine all pertinent documents shall not entitle
the bidder to any relief from the conditions Imposed in the contract.
3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless
otherwise specified In Special Conditions, samples shall be requested after the date of bid opening, and if requested should be
received by the City within seven (7) working days of request. Samples, when requested, must be furnished free of expense to the
City and If not used in testing or destroyed, will upon request of the Bidder, be returned within thirty (30) days of bid award at
Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations
are requested, the Bldder shall respond promptly and arrange a demonstration at a convenient location. Failure to provide
samples or demonstraions as specified by the City may result in rejection of a bid.
3.10. LIFE CYCLE COSTING: If so specified in the ITS, the City may elect to evaluate equipment proposed on the basis of total cost of
ownership. In using Life Cycle Costing, factors such as the following may be considered: estimated useful rife, maintenance costs,
cost of supplies, labor intensity, energy usage, environmental Impact, and residual value. The City reserves the right to use those
or other applicable criteria, in its sole opinion that will most accurately esthete total cost of use and ownership.
3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns, the City of Fort Lauderdale encourages
Bidders to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with
recycled content, Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers
packaging consisting of materials that are degradable or able to be recycled. When specifically stated in the ITS, the City may give
preference to bids containing items manufactured with recycled material or packaging that is able to be recycled.
3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and
utilize other available governmental contracts, if such action is in its best interest.
3.13 QUALIFICATIONSANSPECTION: Bids will only be considered from firms normally engaged in providing the types of
commodities /services specified herein. The City reserves the right to Inspect the Bidder's facilities, equipment, personnel, and
organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director
reserves the right to reject bids where evidence or evaluation is determined to indicate Inability to perform.
3.14 BID SURETY: If Special Conditions require a bid security, It shall be submitted in the amount stated. A bid security can be in the
form of a bid bond, postal money order,. cashiers check, or irrevocable letter of credit. Bid security will be returned to the
unsuccessful bidders as'soon as practicable after opening of bids. Bid security will be. returned to the successful bidder after
acceptance of the performance bond or irrevocable letter of credit, If required; acceptance of insurance coverage, if required; and
full execution of contract documents, if required; or conditions as stated in Special Conditions.
3.15 PUBLIC RECORDS: Florida law provides that municipal records shall at all times be open for personal inspection by any
person. Section 119.01, F.S., the Public Records Law. Information and materials. received by City in connection with an ITS
response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 10 days
after bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided for in
Section 119.07, F.S. If the Proposer believes any of the information contained in his or her response is exempt from the Public
Records Law, then the Proposer, must in his or her response, specifically identify the material which is deemed to be exempt and
cite the legal authority for the exemption. The City's determination of whether an exemption applies shall be final, and the
Proposer agrees to defend, indemnify, and hold harmless the City and the City's officers, employees, and agents, against any loss
or damages incurred by any person or entity as a result of the City's treatment of records as public records.
3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials, officers or employees
affiliated with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this
Issue. Bidders must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder
and removal of the Bidder from the City's bidder lists and prohibition from engaging in any business with the City.
3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids, part
of bids, and to waive minor Irregularities or variations to specifications contained in bids, and minor irregularities In the bidding
Mar 30, 2009 8:07:05 AM EDT p. 24
City of Fort Lauderdale
Bid 695 -10262
process. The City also reserves the right to award the contract on a split order basis, lump sum basis, individual Item basis, or such
combination as shall best serve the interest of the City. The City reserves the right to make an award to the responsive and
responsible bidder whose product or service meets the terms, conditions, and specifications of the ITS and whose bid is
considered to best serve the City's Interest. in determining the responsiveness of the offer and the responsibility of the Bidder, the
following shall be considered r n a.RR7iga% the ability, capacity and skill of the Bidder to perform as required; whether the
Bidder can perform promptly, or within the time specified, without delay or interference; the character, integrity, reputation,
judgment, experience and efficiency of the Bidder•, the quality of past performance by the Bidder; the previous and existing
compliance by the Bidder With related laws and ordinances; the sufficiency of the Bidder's financial resources; the availability,
quality and adaptability of the Bidders supplies or services to the required use; the ability of the Bidder to provide future
maintenance, service or parts; the number and scope of conditions attached to the bid.
If the ITS provides for a contract trial period, the City reserves the right, in the event the selected bidder does not perform
satisfactorily, to award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has
successfully provided services to the City in the past. This procedure to continue until a bidder is selected or the contract is re -bid,
at the sole option of the City.
3.15 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, miss and regulations,
shall govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and
disputes which may arise between person(s) submitting a bid response hereto and the City by and through Its officers, employees
and authorized representatives „or any other person, natural or otherwise; and lack of knowledge by any bidder shall not constitute
a cognizable defense against the legal effect thereof.
PART IV BONDS AND INSURANC
4.01 PERFORMANCE BONDARREVOCABLE LETTER OF CREDIT: If a performance bond or irrevocable letter of credit is required
in Special Conditions, the Contractor shall within fifteen (15) working days after notification of award, furnish to the City a
Performance Bond or an Unconditional Irrevocable Letter of Credit payable to the City of Fort Lauderdale, Florida, in the face
amount specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the
bond is on an annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty (30) days prior to the
termination date of the existing Performance Bond. The Performance Bond must be executed by a surety company of recognized
standing, authorized to do business In the State of Florida and having a resident agent if a Letter of Credit is chosen, it must be in
a form acceptable to the City, drawn on a local (Broward, Dade or Palm Beach Counties) bank acceptable to the City and issued in
favor of the City of Fort Lauderdale, Florida. If a Bidder wishes to use a non -local bank, he must have prior City approval of the
requirements to draw against the Letter of Credit.
Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond or Irrevocable
Letter of Credit is not intended to be nor shall be deemed to be in the nature of liquidated damages nor is It intended to limit the
liability of the Contractor to the City In the event of a material breach of this Agreement by the Contractor.
4.02 INSURANCE: if the Contractor is required to go on to City property to perform work or services as a result of ITS award, the
Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special
Conditions.
The Contractor shall provide to the Procurement Services Department original certificates of coverage and receive notifroation of
approval of those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors
insurance is subject to the approval of the City's Risk Manager. The certificates must list the City as an EDD, jJLONAL INSURED
and shall have no less than thirty, (30) days written notice of cancellation or material change, Further modification of the insurance
requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the
City is not presented. Bidder, by submitting the bid, agrees to abide by such modifications.
- • - • Qii °`TtTiF�
5.01 COMPLIANCE TO SPECIFICATIONS, LATE DELNERIESMENALTIES: Items offered may be tested for compliance to bid
specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense.
Any violation resulting in contract termination for cause or delivery of items not conforming to specifications, or late delivery may
also result in:
- Bidders name being removed from the City's bidder's mailing list for a specified period, and Bidder will not be recommended
for any award during that period.
- All City Departments being advised to refrain from doing business with the Bidder.
- All other remedies in law or equity.
5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITS award shall remain the property of
the Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply
fully with the terms of the ITS, be of the required quality new, and the latest model. All containers shall be suitable for storage and
shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of
any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made
only after City receipt and acceptance of materials or services.
5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the
Occupation Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic
substance listed In Section 38F -41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied
by a completed Material Safety Data Sheet (MSDS),
5.04 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if
awarded any portion of the ITS the bidder will supply only material or equipment that is 100% asbestos free.
Mar 30, 2009 8:07:05 AM EDT p• 25
City of Fort Lauderdale
Bid 695 -10262
5105 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITS, the bidder will, if the bidder has
sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded
in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. delivered to the requesting
agency.
5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be Initiated or executed by the Contractor
as a result of any discussions with any City employee. Only those communications which are in writing from an authorized City
representative may be considered. Only written communications from Contractors, which are assigned by a person designated as
authorized to bind the Contractor, will be recognized by the City as duly authorized expressions on behalf of Contractors.
5.07 INDEPENDENT CONTRACTOR: The Contractor is an Independent contractor under this Agreement. Personal services
provided by the Proposer shalt be by employees of the Contractor and subject to supervision by the Contractor, and not as officers,
employees, or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits,
procurement policies unless otherwise stated In this ITS, and other similar administrative procedures applicable to services
rendered under this contract shall be those of the Contractor.
5.08 INDEMNITYIHOLD HARMLESS AGREEMENT: The Contractor agrees to protect, defend, indemnity, and hold harmless the City
of Fort Lauderdale and its officers, employees and agents from and against any and all losses, penalties, damages, settlements,
claims, costs, charges for other expenses, or liabilities of every and any kind including attorneys fees. Inconnection with or arising
directly or Indirectly out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to
the bidding process. Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury,
death, damage to property, defects in materials or workmanship, actual or alleged violations of any applicable Statute, ordinance,
administrative order, rule or regulation, or decree of any court shall be included in the indemnity hereunder.
5.09 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill In a timely and proper manner its obligations
. under this Agreement, or If the Contractor shall violate any of the provisions of this Agreement, the City may upon written notice to
the Contractor terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement
as to which there has been default; and may hold the Contractor liable for any damages caused to the City by reason of such
default and termination. In the event of such termination, any completed services performed by the Contractor under this
Agreement shall, at the-option of the City, became the City's property and the Contractor shall be entitled to receive equitable
compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to
the City for damages sustained by the City by reason of any breach of the Agreement by the Contractor, and the City may withhold
any payments to the Contractor for the purpose of setoff until such time as the amount of damages due to the City from the
Contractor can be determined.
5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best Interest as determined by the City, to cancel
contract by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation.
5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor Is limited to the
availability of funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period Is
subject to appropriation of funds, unless otherwise authorized by law.
5.12 RECORDS /AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and records in
accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all
records and reports shall be subject to the approval of the City's Internal Auditor. The Contractor agrees to make available to the
City's Internal Auditor, during normal business hours and in Broward, Miami -Dade or Palm Beach Counties, ail books of account,
reports and records relating to this oontract for the duration of the contract and retain them for a minimum period of three (3) years
beyond the last day of the contract term.
5.13 PERMITS, TAXES, LICENSES: The successful Contractor shall, at their own expense, obtain all necessary permits, pay all
licenses, fees and taxes, required to comply with all local ordinances, state and federal laws, rules and regulations applicable to
business to be carried out under this contract.
5.14 LAWSIORDINANCES: The Contractor shall observe and comply with all Federal, state, local and municipal laws, ordinances
rules and regulations that would apply to this contract.
5.15 NON - DISCRIMINATION: There shall be no discrimination as to race, sex, color, creed, age or national origin in the operations
conducted under this contract.
5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted
by a percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and
those circumstances significantly affect the Contractor's cost in providing the required prior Items or services, then the Contractor
may request adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the
control of the Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to
accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are
considered to be insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to
the satisfaction of the City, the City will reserve the following options:
1. The contract can be canceled by the City upon giving thirty (30) days written notice to the Contractor with no penalty to the
City or Contractor. The Contractor shall fill all City requirements submitted to the Contractor . until the termination date
contained In the notice.
2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non- adjusted) cost until the
termination of the contract term then in effect.
3. If the City, in its interest and in Its sole opinion, determines that the Contractor in a capricious manner attempted to use this
Mar 30, 2009 8:07:05 AM EDT p. 26
City of Fort Lauderdale
Bid 695.90262
section of the contract to relieve themselves of a legitimate obligation under the contract, and no unusual circumstances had
occurred, the City reserves the right to take any and all action under law or equity. Such action shall include, but not be
limited to, declaring the Contractor in default and disqualifying him for receiving any business from the City for a stated period
of time.
If the City does agree to adjusted costs, these adjusted costs shall not be invoiced to the City until the Contractor receives notice in
writing signed by a person authorized to bind the City in such matters.
6.17 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance
with Florida State Statutes, prior to entering into a contract with the City,
6.18 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees
from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un- patented
invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the
Contractor uses any design, device, or materials covered by letters, patent or copyright, It is mutually agreed and understood
Without exception that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in
any way involved in the work.
8.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITS without the prior written consent of
the City. Any award issued pursuant to this ITS, and the monies, which may become due hereunder, are not assignable except
with the prior written approval of the City Commission or the City Manager or City Manager's designee, depending on original
award approval.
9.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the state courts shall
take place in Broward County, Florida and that all litigation between them in the federal courts shall take place In the Southern
District in and for the State of Florida. ..
Mar 30, 2009 8:07:05 AM EDT p. 27
City of Fort Lauderdale
BIDIPROPOSAL SIGNATURE PAGE
Bid 695 -10262
How to submit bids1proposals: It is preferred that bids /proposals be submitted electronically at
www.bidsync com, unless otherwise stated in the bid packet. If mailing a hard copy, it will be the sole
responsibility of the Bidder to ensure that the bid reaches the City of Fort Lauderdale, City Hall, Procurement
Department, Suite 619, 100 N. Andrews Avenue, Fort Lauderdale, FL 33301, prior to the bid opening date and
time listed. Bids /proposals submitted by fax or email will NOT be accepted.
The below signed hereby agrees to furnish the following article(s) or services at the price(s) and terms stated
subject to all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in
the bid. I have read all attachments.including the specifications and fully understand what is required. By
submitting this signed proposal I will accept a contract if approved by the CITY and such acceptance covers all
terms, conditions, and specifications of this bid /proposal.
Please Note: If responding to this solicitation through BidSync, the electronic version of the bid response will
prevail, unless a paper version is clearly marked by i2Ld_dPr in some manner to indicate that it will supplant
the electronic version.
Submitted by i..:___....-.__ .........._.- ...._......_^.,.., L_.._. _.. __.
(signature) (date)
Name (printed)
(P ) (' title:..__.._..... _.._._....._.__,d
�ComPanY: (Legal Registration
.._...._..,_- ------ m_.
Address:
City: .............. .. ...... -- -- — ._..._ State:
Zip. � _.
Telephone No.f.,,._ FAX No. F7rW j
E -MAIL:
Delivery: Calendar days after receipt of Purchase Order (section 1.02 of General Conditions): _ J
Payment Terms (section 1.03): F -- 7Total Bid Discount (section 1.04):
Does your firm qualify for MBE or WSE status (section 1.08): MBE cbb WBE cbb
ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received
and are included in the proposal:
Addendum No.
Date Issued
Mar 30, 2009 8:07:05 AM EDT p. 28
City of Fort Lauderdale
VARIANCES: State any variations to specifications, terms and conditions in the space provided below or
reference in the space provided below all variances contained on other pages of bid, attachments or bid pages.
No variations or exceptions by the Proposer will be deemed to be part of the bid submitted unless such variation
or exception, is listed and contained within the bid documents and referenced in the space provided below. if no
statement is contained in the below space, it is hereby implied that your bid /proposal complies with the full SCOPE
of this solicitation. HAVE YOU STATED ANY VARIANCES OR EXCEPTIONS BELOW? BIDDER MUST CLICK
revised 11 -12.08
Mar 30, 2009 8:07:05 AM EDT p• 29
City of Fort Lauderdale
Bid 695 -10262
Question and Answers for Bid #695 -10262 - PAY BY PHONE PARKING
PAYMENT SYSTEM
OVERALL BID QUESTIONS
There are no questions associated with this bid. If you would like to submit a question,
please click on the "Create New Question" button below.
Question Deadline: Apr 8, 2009 5:00:00 PM EDT
Mar 30, 2009 8:07:05 AM EDT P. 30
11
1.5" Radius, No border,
White;
"PAYMENT OPTIONS'
Blue C 50% spacing;
36 It
bof
CRM
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THIS AGREEMENT, made and entered into this 15th day of September,
2009, is by and between the City of Fort Lauderdale, a Florida municipality,
( "City"), whose address is 100 North Andrews Avenue, Fort Lauderdale, FL
33301 -1016, and Verrus Mobile Technologies Inc., a Canadian federal
corporation authorized by the Florida Department of State to transact business in
the State of Florida as Verrus Mobile Technology Inc., ( "Contractor"), whose
address is 201 -1028 Hamilton Street, Vancouver, BC, Canada, V613 2119, Phone
604 - 642 -4286 x117, Fax 604 -648 -8533.
WHEREAS, the City issued Request for Proposal Number 695 -10262
("RFP'), and the Contractor submitted a proposal in response to the RFP; and
WHEREAS, on September 15, 2009, the City Commission of the City of
Fort Lauderdale approved an agreement with Contractor for the goods or
services described in the RFP (Fur. 01, CAR No. 09- 1110),
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants set forth herein and other good and valuable consideration, the City
and the Contractor covenant and agree as follows:
1. The Contractor agrees to provide to the City a pay by phone
parking payment system in accordance with and in strict compliance with the
specifications, terms, conditions, and requirements set forth in the RFP and any
and all addenda thereto during the period September 15, 2009, through
September 14, 2012,
2. This contract form, the RFP, any and all addenda to the RFP, and
the Contractor's proposal in response to the RFP are integral parts of this
Contract, and are incorporated herein.
3. in the event of conflict between or among the contract documents,
the order of priority shall be as follows:
First, this contract form;
order, Second, any and all addenda to the City's RFP in reverse chronological
Third, the RFP;
Fourth, the Contractor's. response to any addendum requiring a response;
Fifth, the Contractor's proposal in response to the RFP.
4. The Company warrants that the goods and services supplied to the
City pursuant to this Contract shall at all times fully conform to the specifications
set forth in the RFP and be of the highest quality. in the event the City, in the
City's sole discretion, determines that any product or service supplied pursuant to
this Contract is defective or does not conform to the specifications set forth in the
RFP the City reserves the right unilaterally to cancel an order or cancel this
Contract upon written notice to the Contractor, and reduce commensurately any
amount of money due the Contractor.
5. The City may cancel this Contract upon written notice to the
Contractor in the event the Contractor fails to furnish the goods or perform the
services as described in the RFP within 30 days following written notice to the
Contractor,
6. The Contractor shall not present any invoice to the City that
includes sales tax (85- 8012514506C -7) or federal excise tax (59- 6000319).
7. Contractor shall direct all invoices in duplicate for payment to
Finance Department, City of Fort Lauderdale, 100 N. Andrews Avenue, 6th Floor,
Fort Lauderdale, FL 33301. Any applicable discount MUST appear on the
invoice.
8. The City may enforce in the united States of America or in Canada
or in both countries a judgment entered against the Contractor. The Contractor
waives any and all defenses to the City's enforcement in Canada of a judgment
entered by a court in the United States of America.
9. All monetary amounts set forth in this Contract are in United States
dollars (USD).
10. The gross amount of all credit card and debit card transactions
made pursuant to this Contract shall be credited each day via the credit Card and
debit card processing service that the City designates directly to the account that
the City designates.
IN WITNESS WHEREOF, the City and the Contractor execute this
Contract as follows:
CI OF FO R ALE
13y.
Direct of Procure t Services
Approved as to form:
C
Senior A istant City Attorney
ATTE T.
Pin a e:
Secretary
PROVINCE OF _9 C-
CANADA:
CONTRACTOR
Sy- :1
Print Name`t7eSMa rr:n
Title: Cyr'p
(If not president, please attach proof
of authorization.)
The foregoing instrument was acknowledged before a this a day of
a--— �?/�_, 201Q, byc°Sts1 Cir�yiy�
(title).( -gyp for Verrus
Mobile Technologies Inc., a Canadian federal corporation authorized by the
Florida Department of State to transact business in the State of Florida as Verrus
Mobile Technology Inc.
��c r�ttcC p
(SEA!) Notary P blic
(Signs a of Notary Public-- Province of
(Print, Type, or Stamp Commissioned
Name of Notary Public)
J. CAM MeX ECII NIX
McKECHNIE +?: COMPANY
BARRIsTERs £t SOLICITORS
0.300 - 1127 MAINLAND STREET
VANcoU v R, B.C. V6B SLI
604669.77o5 CAR: 609»669 -7713
Personally Known OR Produced Identification
Type of Identification Produced ax. 02meZr ucexrce X44.1012.6
Verrus primarily generates revenue directly from transaction fees charged to drivers for use of the Pay by
Phone system. Therefore, a careful balance needs to be considered between consumer pricing, adoption
and recovery of costs associated with service operation including telephony, text messaging and payment
processing.
The pricing model proposed below is based on experience operating in a variety of environments
throughout the US, Canada and Europe, and has proven to deliver excellent adoption at a price that
allows for sustainable, high quality service operation.
�,vn mT c a..;g i a `' `S$
h F >€ 3
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IBM= .
Charge to register account
None
Cost of in -car device
No Device Needed
Annual account fee
None
Convenience fee (charged per parking transaction)
$025
Text message reminder fee (optional for consumer)
$0.10
{^•`:x '3. SF1'"" �4,a.�- ,�i'y^xh''Yb`Y ''�' 'M3 YS' iy, 1' ,�y \ p .4
�+4�� fro,
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Waived
Implementation fee
Credit Card gateway fee (per parking transaction)
Waived
Note: As the city is the merchant of record, the city's regular credit
card rates apply.
Optional Verrus Services
Pricing on the optional services outlined in the Verrus proposal can be provided upon further
discussion.
Pay by Phone Signage
As part of this bid Verrus will cover' design and production of signage in sufficient quantity to deploy the
service throughout the city. Estimated quantities are provided in the table below.
Recommended Signage Package and Costs
2,300 single space meters @ - $1.50 (one decal for front and one for back) _ $3,450
154 multi -space meters @ - 2.00 (one large decal for front) _ $ 308
@ - $20 (one large sign over meter) $3,080
$6,838
Verrus will cover up to $20,000 in signage costs for the initial deployment
City of Fort Lauderdale
3.15. Subcontractors
Bid 69510262
If the Contractor proposes to use subcontractors in the course of providing these services to the City, this
information shall be a part of the RFP response. Such information shall be subject to review, acceptance
and approval of the City, prior to any contract award. The City reserves the right to approve or disapprove
of any subcontractor candidate in its best interest.
Contractor shall ensure that all of Contractor's subcontractors perform in accordance with the terms and
conditions of this Contract. Contractor shall be fully responsible for all of Contractor's subcontractor's
performance, and liable for any of Contractor's subcontractor's non - performance and all of Contractor's
subcontractor's acts and omissions. in addition to other indemnification provisions contained in this
contract, Contractor shall defend at Contractor's expense, counsel being subject to the City's approval or
disapproval, and indemnify and hold harmless the City and the City's officers, employees and agents from
and against any claim, lawsuit, third party action, settlement, orjudgment, including any award of attorney
fees and any award of costs, by or in favor of any of Contractor's subcontractors for payment for work
performed for the City by any of such subcontractors, and from and against any claim, lawsuit, third party
action, settlement, or judgment, including any award of attorney fees and any award of costs, occasioned
b or arising out of any act or omission by any of Contractor's subcontractors.
'" 3.16, tnsurance
The Contractor shall furnish Contractors and Contractor's subcontractor's proof of Worker's Compensation
Insurance, General Liability Insurance and Comprehensive Automobile Liability Insurance. The coverage is
to remain in force at all times during the contract period. The following minimum insurance coverage is
required. The City is to be added as an "additional insured" with relation to General Liability and
Automobile Insurance. Any costs for adding the City as "additional insured" will be at the Contractor's
expense.
Worker's Compensation and Employer's Liability Insurance
Limits: Worker's Compensation — Statutory 440.055
Employer's Liability - $500,000
Any firm performing work on behalf of the City of Fort Lauderdale must provide Worker's Compensation
insurance. Exceptions and exemptions can only be made if they are in accordance with Florida Statute.
For additional Information contact the Department of Financial Services, Worker's Compensation Division at
(850) 413 -1601 or on the web at www.fldfs.com.
Commercial General Liability Insurance
Covering premises - operations, products - completed operations, independent Contractors and contractual
liability.
Limits: Combined single limit bodily injury/property damage $1,000,000.
This coverage must include:
a. Coverage for the liability assumed by the Contractor under the indemnity provision of the contract.
b. Coverage for hazards commonly referred to as "explosion, collapse and underground ", exclusions —
on contract contracts o, nly.
Automobile Liability Insurance
Covering all owned, hired and non -owned automobile equipment
Limits: Bodily injury $ 250,000 each person
$ 500,000 each occurrence
Property damage $ 100,000 each occurrence
Combined single limit $1,000,000 (bodily injury and property damage combined) each occurrence
Mar 30, 2009 8:07:05 AM EDT P. 8
Comparable multi -space parking station
sign quotes
>rr b+y Professional Pavement Products, Inc.
10250 NW 89th Ave Stet
Medley FL 33178
. 305.264.3242
i "
[Daatej Estimate #
10/2012010 1 Q19265
Bill To
Ship To
City of South Miami
PPP -Miami
4795 SW 75th Ave
Miami FL 33155
City of South Miami
10250 NW 89th Ave # 1
Medley FL 33178
Customer ID
Expires
Exp. Close
Sales Rep
Partner
Job Location
M239 -City of Sou...
11/19/2010
10/20/2010
66-Guillermo Alv..
Miami
Terms
Ship Via
Note -
09 -Gov't PO Net ..:
Other Motor Freight
Item
Quantity
I Description
Rate
Amount
NS Description
NS -Sign
38
18 "X36" // EG //
36.05
1,369.90
PAYMENT OPTIONS
// White with BLUE &
GREEN // Non Stock -
See NS Description
13- 2 -2 -12-
38
U- CHANNEL POST
36.90
1,402.20
3
GALVANIZED 12ft 31b
per foot flanged
galvanized u- channel
sign post.(50 -POSTS
PER BUNDLE)
13 -34-6
38
BREAKAWAY
11.40
433.20
RETAINING STRAP
used in combination
with 4 retaining strap
bolt assemblies to
prevent system sign and
post from separating
from stub when struck.
13- 3 -4 -6 -1
152
BREAKAWAY
1.00
152.00
RETAINING STRAP
BOLT ASSY used in
combination with
Breakaway Retaining
Strap to prevent system
sign and post from
Florida - RDC Charlotte Branch Miami Branch
9556 Historic Kings Rd S 1955 Scott Futrell or 10250 NW 89th Ave
Suite 315 Charlotte NC 28208 Unit 1
Jacksonville, FL 32257 Ph: 704 -697 -9577 Medley FL 33178
Ph: 904.733.2121 Fx: 704-607-9576 Ph: 305-264-3242
Fx: 904.448.4076 Fx: 305 -885 -4273
Orlando - Branch
6441 Pinecastle Blvd
Orlando, FL 32809
Ph: 407.888.2080
Fx: 407.888.2425
Texas - RDC
3377 West 11th St
Houston, Tx 77008
Ph: 713.864.0906
Fx: 713.864,0833
y., Professional Pavement Products, Inc.
z 10250 NW 89th Ave Stet
l Medley Ft. 33178
305.264.3242
Eft _
Date Estimate #
10/20/2010 Q19265
Item
Quantity
Description
Rate
Amount
NS Description
seperating from stub
when struck. Includes
(1) nut bolt star washer
I3 -3 -2
76
SIGN BOLTS 2.75in
0.30
22.80
Standard Zinc 2.75in
sign bolts. Includes Bolt
Flat Washer Lock
Washer Hex Nut.
Subtotal
3,380.10
Thank you, we appreciate your business.
Shipping Cost (Other Motor Freight)
75.00
Total
$3,455.10
Florida - RDC Orlando - Branch Texas - RDC
9556 Historic Kings Rd S 6441 Pinecastie Blvd 3377 West 11th St
Suite 315 Orlando, FL 32809 Houston, Tx 77008
Jacksonville, FL 32257 Ph: 407.888.2080 Ph: 713.864.0906
Ph: 904,733.2121 Fx:407.888.2425 Fx:713.864.0833
Fx: 904.448.4076
y�
k sv
10250 89th Ave Stel
Medley FL 33178
Quote
Date Estimate #
10/20/2010 Q19265
Bill To
Ship To
City of South Miami
PPP -Miami
4795 SW 75th Ave
City of South Miami
Miami FL 33155
I0250 NW 89th Ave # I
Medley FL 33178
Customer ID
Expires
Exp. Close
I Sales Rep
Partner
Job Location
M239 -City of Sou...
11/19/2010
10/20/2010
66- Guillermo Alv...
Miami
Terms
I Ship Via
Note -
09 -Gov't PO Net ...
Other Motor Freight
Item
Quantity
Description
Rate
Amount
NS Description
NS -Sign
76
18 "X36" H EG //
36.05
2,739.80
PAYMENT OPTIONS
// White with BLUE &
GREEN // Non Stock -
See NS Description
I3- 2 -2 -12-
38
U- CHANNEL POST
36.90
1,402.20
3
GALVANIZED 12ft 31b
per foot flanged
galvanized u- channel
sign post.(50 -POSTS
PER BUNDLE)
I3 -3 -4 -6
38
BREAKAWAY
11.40
433.20
RETAINING STRAP
used in combination
with 4 retaining strap
bolt assemblies to
prevent system sign and
post from separating
from stub when struck.
13- 3 -4 -6 -1
152
BREAKAWAY
1.00
152.00
RETAINING STRAP
BOLT ASSY used in
combination with
Breakaway Retaining
Strap to prevent system
sign and post from
Florida - RDC Charlotte Branch Miami Branch
9556 Historic Kings Rd S 1955 Scott Futrell Dr 10250 NW 89th Ave
Suite 315 Charlotte NC 28208 Unit 1
Jacksonville, FL 32257 Ph: 704 -697 -9577 Medley FL 33178
Ph: 904.733.2121 Fx: 704-697-9576 Ph: 305-264-3242
Fx: 904.448.4076 Fx: 305 - 885 -4273
Orlando - Branch
6441 Pinecasfie Blvd
Orlando, FL 32809
Ph: 407.888.2080
Fx: 407.888.2425
Texas - RDC
3377 West 11 th St
Houston, Tx 77008
Ph: 713.864.0906
Fx: 713.864.0833
�v
Professional Pavement Products, Inc.
10260 NW 89th Ave St I
Medley FL 33178
t
Date I Estimate #
10/20/2010 1 Q19265
(tern
Quantity
Description
Rate
Amount
NS Description
separating from stub
when struck. Includes
(1) nut bolt star washer
I3 -3 -2
76
SIGN BOLTS 2.75in
0.30
22.80
Standard Zinc 2.75in
sign bolts. Includes Bolt
Flat Washer Lock
Washer Rex Nut.
Subtotal
4,750.00
Thank you, we appreciate your business.
Shipping Cost (Other Motor Freight)
100.00
Total
$4,850.00
Florida - RDC Orlando - Branch Texas - RDC
9556 Historic Kings Rd S 6441 Pinecastie Blvd 3377 West 11th St
Suite 315 Orlando, FL 32809 Houston, Tx 77008
Jacksonville, FL 32257 Ph: 407.888.2080 Ph: 713.864.0906
Ph: 904.733.2121 Fx:407,888.2425 Fx:713.864.0833
Fx; 904.448.4076
SMART GRAPHIC CORP.
5580 NW 7th St.
Miami FL, 33126
PROPOSAL
Ph: 305.262 -8982, Fax 305 - 603 -7027
E -mail: info@smartgraphic.org I www.smartgraphic.org
23.8013811283 -8
CITY OF SOUTH MIAMI
Quotation No. PR287
Date 10128/2010
Our Ref.
Cust Ref.
Terms
Product ID Description
tatty Unit Price
Amount
SIGNS ALUMINUM SIGNS 18X361 1 COLOR GRAPHICS
76 $30.00
$2,280.00
1 ROUNDED CORNER
POLES IRON POLES 18' 1 ADJUSTABLE
38 $25.00
$950.00
INSTALLATION INSTALLATION (EACH SIGN) (OPTIONAL)
38 $75.00
$2,850.00
Comments
Sub Total
$6,080.00
Tax
$425.60
Total
$6,505.60
COOPERATION AND SERVICE AGREEMENT:
This Cooperation find Service Agreement (the "Agreement') is entered into as ofNoveinber` ,
2010 between Verrus Mobile Technologies Incorporated, a developer of enhanced mobile.commerce
solutions, a British. Columbia corporation with its principal place of business at 201 -1028 Hamilton
Street, Vancouver, British Columbia, Canada ( "Verrus') and City of South Miami, a provider of
parking services, with its head office at 61 J0 Sunset Drive, South Miami FL 33143 ( "Customer" ).
RECITALS
The objective between Verrus and Customer provided, for in this Agreement is to provide wireless
applications to enhance the payment process for parking at parking facilities and metered parking
stalls owned and/'or managed, by Customer, Verrus' mobile commerce solutions will also provide.
Customer with an improved management information system, including real -time operation and
transaction reports.
AGREEMENT
SECTION 1:. THE VERRUS MOBILE TECHNOLOGIES PLATFORIM AND APPLICATIONS
1.1 Verrus Mobile Technologies Parking Payment Application
Verrus agrees to roll out the,, Verrus Pay by Cell Phone service ( "PBC ") for use at Customer's
managed and owned parking facilities agreed upon by Verrus and Customer, to pay for the use of
those facilities through personal wireless devices (e.g.,' cellular telephones) ( "Wireless Devices "),
telematics or other wireless systems.
1:2, Versus Management Information System
Verrus will operate and manage a, software application for Customer that will provide real -time
information and management reports on the transactions conducted utilizing the Verrus Parking
Payment Application (the "Management Information System"). Verrus will host the Management
Information System on its computer and network equipment. Customer will access the Management
Information System through a browser-based program installed on Customers computer hardware.
1.3 Computer, Networking and Telecommunication Systems
Venus will own or possessy and will operate and maintain, all computer and networking hardware
and software and data required to operate the Verrus PBC service as contemplated in this Agreement,
otherthan Customer's existing computer and telecommunications systems.
1.4 Pay by Cell. Phone Enforcement
Customer agrees to supply Wireless Devices to employees in the field to provide real time
confirmation of validly parked vehicles.
SECTION 2: FEES AND PAYMENTS
2.1 Pricing and Payment
Customer agrees to pay the fees, as outlined in Appendix A. All amounts payable hereunder are
exclusive of any and all taxes, and Customer is responsible for payment of such taxes, All prices are
stated; and Customer shall pay, US dollars.
SECTIONS: EXCLUSIVITY
Customer agrees that Verrus will be the sole and exclusive provider of all wireless parking payment
applications, (using whatsoever technology) for Customer during the ten71 of this agreement,
including, but not limited to, all wireless payment applications employing Wireless Devices to pay
for parking at only the specific Customer lots where Verrus is deployed.
SECTION 4: MARKETING, PROMOTION AND USER EDUCATION
4.1 Signage
Verrus: agrees to provide initial deployment, of signage for PBC project rollout. Customer agrees to
provide Signage for future requirements and replacements. Customer agrees to provide adequate
space at each parking facility at which the Verrus PBC service is to be available for Verrus signage,
with sign size and placement to be mutually agreed by Verrus and Customer. Customer agrees that
signs will be hung and/or located near payment machines at parking facilities enabled with the Venus
PBC service.
All signage must comply with the Verrus Consumer Branding Standards.
4:2 Marl[eting_Events
Verrus may conduct on -site marketing events and campaigns for the System, whereby Venus will
inform parking lot consumers of the availability of the Versus PBC as well as any promotions
available with knowledge and approval of Customer which is not to be reasonably withheld.
4.3 Customer Training
Customer will, at its own expense, train its staff and employees, including patrollers, to operate the
PBC and related applications and technology at each lot. Verrus customer care personnel will provide
initial training for the Customer's staff and employees as part of project rollout and service launch.
SECTION S: PROTECTION,OF INTgLLECTUAL.PROPERTY. RIGHTS
The parties shall cooperate with each other in protecting, their respective trade names; designs,
trademarks and other similar intellectual property rights from unauthorized use:
SECTION 6: TERM AND TERMINATION
6.1 Term and Renewal
This Agreement shall enter into force for a period of three consecutive years from the date signed
unless earlier terminated in accordance with this Section 6.
The contract shall be automatically renewed annually for two (2) additional one (1) year terms on the
anniversary of the termination date above unless either party gives the other party at least thirty (z0)
days prior written notice of its intent not to renew the Agreement
6.2 Termination
Should a party breach a material term and such breach remains uncorrected for thirty (30) days after
receipt of a notice by the breaching party, the non- breaching party may; in addition to all other
remedies available at law, terminate this Agreement by providing written notice to the breaching
party, without further obligation; provided, however, that if die nature of the breach is such that it
-2-
cannot be reasonably cured within such thirty (30) day period, the breaching parry will not be deemed
in default of this Agreement so long as such party commences efforts to effect a cure and is diligently
pursuing such efforts. Provided, further, that if the breach is as a result of the non - payment of any fee,
the non- breaching party may terminate this Agreement if such breach remains uncorrected for ten
(10) days after the breaching party's receipt of notice ofsuch breach.
SECTION 7 REPRESENTATIONS AND WARRANTIES
7.1 Mutual Representations and Warranties
Each party represents and warrants to the other that:
0) it has the full corporate right and authority, and possesses all licenses, permits;
authorizations and rights to intellectual property; necessary to enter into and perform
this Agreement;
(ii) its entry into and performance of this Agreement do not and will not conflict with or
result in a breach or violation of any agreement or order by which it is bound; and
(iii) this Agreement constitutes its legal, valid and binding obligations enforceable against
it in accordance with the terms of this Agreement.
SECTION 8: DISCLAIMER, IN'DEMNIrICATION AND LmirrATION of LIAMLITY
8.1 Disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, VERRUS DOES NOT MAKE,
AND HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, REGARDING THE VERRUS PBC SERVICES INCLUDING ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON - INFRINGEMENT. CUSTOMER ACKNOWLEDGES THAT THE VERRUS
PBC SERVICE AND SERVICES FURNISHED BY VERRUS UNDER THIS AGREEMENT
(INCLUDING WITHOUT LIMITATION, ANY SERVERS OR OTHER HARDWARE;
SOFTWARE, APPLICATIONS AND ANY OTHER ITEMS USED OR PROVIDED BY VERRUS
OR ANY THIRD PARTIES IN CONNECTION WITH PROVIDING ACCESS TO OR HOSTING
ANY, OF THE, FOREGOING OR THE PERFORMANCE OF ANY SERVICES BY VERRUS
UNDER THIS AGREEMENT) ARE PROVIDED BY VERRUS "AS IS". Oki
-3-
8.2 Indemnification
Subject to Section, 83, each party (the "Indemnifying Party ") will, defend, indemnify and hold
harmless tire other party (the "Indemnified Party"). from and any against, any and all third party
claims, actions, losses (collectively, "Losses") resulting from or arising out of the Indemnifying
Party's breach of any representation, warranty or other obligation set forth in this Agreement. The
Indemnified Party shall not be entitled to be so indemnified unless it has given the Indemnifying
Parry prompt written notice of any Losses, afforded the Indemnifying Party the opportunity to assume
sole control over the defence and settlement, if applicable, of the Losses, and provided the
Indemnifying Party (at the Indemnifying Party's expense) all relevant information, assistance and
authority to enable the Indemnifying Party to perform its obligations hereunder. The Indemnifying
Party shall not scale any Losses without the Indemnified Party's written consent, which.shall not be
unreasonably withheld.
8.3 Limitation of Liability
IN NO EVENT SHALL ANY PARTY 13E LIABLE FOR CONSEQUENTIAL, SPECIAL,
INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED. TO ANY
DAMAGES RESULTING FROM LOSS OF USE OR PROFITS ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT; WHETHER IN AN ACTION BASED ON
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY„ EVEN
IF THE PARTY HAS: BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 9: CONMENTIALITX
Neither party will disclose the other party's confidential or proprietary information (including this
Agreement and any information provided by the other party that is confidentially maintained or
proprietary or which derives value' from not being generally known to persons who can obtain
economic value from its disclosure or use) except:
(i), with the other party's consent;
(it) to employees, agents and contractors who have a need to know in the discharge of their
duties and who are subject to a contractual obligation to keep such information confidential
that is at least asrestrictive as this Agreement;
(iii) when, required to do so by law or by any binding, rule, order or request.
Each party, shall exercise reasonable commercial care in protecting the confidentiality of the other
party's confidential information disclosed to it The parties agree that an actual or threatened breach
of this provision would result in irreparable harm to the party whose confidential information would
be disclosed in breach, and shall entitle that party to temporary or permanent injunctive relief without
proof of actual damages,
For purposes of this Section 10, the parties agree that confidential or proprietary , information does not
include any information that is (a) already known to the .receiving party at the time of disclosure.
hereunder (other than from the other party hereto) as demonstrated by its written records; (b) now or
hereafter becomes publicly known other than through acts or omissions of the receiving party; or
anyone to whom the receiving party disclosed such information; (c) disclosed to the receiving party,
by a third party, under no obligation of confidentiality to the disclosing party or any other party; or
(d) independently developed by the receiving party without reliance on the confidential information
of the disclosing party as shown by its written records.
-4-
SECTION 10: MISCELLANEOUS
10.1 Assignment
This Agreement shall be binding on the partiesi their successors and their permitted assigns. Neither
party may assign its rights or obligations under this Agreement without the consent of the other.
10.2 No Agency.
Each party, in all matters relating to this Agreement, will act as an independent contractor and
independent employers. Except as otherwise expressly set forth herein, neither parry will have
authority and will not represent that it has any authority to assume or'create any obligation, express or
implied; on behalf of the other, or to represent the other as an. agent, employee or in any other
capacity. Nothing in this Agreement shallfie construed to. have established any agency, joint venture
or partnership between the parties. Neither party shall make any warranties or representations on
behalf of the other party.
10.3 Governing Law..
This Agreement, and all matters relating hereto, shall be governed in all respects by the laws of
Miami Dade County the state of Florida excluding the application of any conflict of laws principles
and/or rules: The parties hereby agree that all disputes arising; out of this Agreement shall be subject
to the exclusive jurisdiction of and venue in the competent courts located in Miami.Dade County and
ponsent to the personal and exclusive jurisdiction and venue of these courts.
10.4 Severability:
in the event that any provision of this Agreement shall be unenforceable or invalid under any
applicable law or be so held by applicable court decision, such nnenforceability or invalidity shall not
render this: Agreement unenforceable or invalid as a whole, and, in such event, such provision shall
be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid
provision within the limits of applicable law or applicable court decisions.
1.0.3 Attorney's Fees.
In any legal proceeding between the parties, the prevailing party shall be entitled to recover
reasonable attorney's fees and expenses.
10.6 ForceMajeure.
If performance hereunder is prevented, restricted or interfered with by any act or condition
whatsoever beyond the reasonable control of a party, the party so affected, upon giving prompt notice
to the other party, shall be excused from such performance to the extent of such prevention,
restriction or interference.
10.7 Entire Agreement.
This Agreement, together with the Appendix attached to it; constitutes the entire agreement between
the parties with respect to the subject matter hereof. This Agreement supersedes, and the terms of
this Agreement govern; any prior agreements with respect to the subject matter hereof. This
Agreement may not be modified, amended or any provision waived except by the parties' mutual
written agreement.
-5-
10.8 No Waiver.
Failure, by either party to enforce any provision of this Agreement (whether in any one or more
instance) shall not be deemed a waiver of future enforcement of that or,any other provision.
10.9 Notice.
Any notices hereunder provided to Verrus shall be given at the address specified below or at such
other address: as Verrus specifies in writing. Any notices hereunder provided to Customer shall be
given at the address specified below or at such other address as Customer specifies in writing.. Any
notice or other communication required to be given hereunder by either party shall be deemed duly
given (a) when personally delivered to the other party, or (b) on the date of receipt when such notice
was mailed by certified mail, postage prepaid and return receipt requested, addressed to the other
party at the address set forth above, or such other address as either party may designate by giving
written notice to the other;. or (c) on the date of receipt when such notice was sent by facsimile or e-
mail to the other party; provided the sending party receives a written or electronic notice of receipt
from the other party of the facsimile or email.
10.10 Counterparts
This Agreement may be executed in one or more counterparts, each of which shall be deemed an
original and all of which shall be taken together and deemed to be one instrument. The parties further
agree that a signature transmitted via facsimile shall be deemed original for all purposes hereunder.
1:0.11 Captions.
The captions used in this Agreement are for convenience only and shall not affect in any way the
meaning or interpretation of the provision set forth herein.
10.12 Trademarks, Trade Names; Logos.
Except as expressly provided in this Agreement; no trademark, trade name, logo, trade dress,
copyright or license therein; or other intellectual property rights (collectively; "Intellectual Property')
are conveyed by this Agreement. Each party reserves the right to approve in advance the use of its
Intellectual Property by the other party in each and every instance, All Intellectual Property owned
by either party shall remain the exclusive property of such party and shall be returned to such party
promptly after the expiration of this Agreement.
10,13 Agreement Approval:
Each party hereby represents and warrants that all necessary corporate and/or governmental approvals
for. this Agreement Have been obtained, and the person whose signature appears below has the
authority necessary to execute this Agreement on behalf of the party indicated.
10.14 Sophistication of Parties,
Each party' to this Agreement represents that it is a sophisticated commercial party capable of
understanding all of the terms of this Agreement, that it has had an opportiatity to review this
Agreement with its counsel, and that it enters this Agreement with full knowledge of the terms of the
agreement.
0
10.15 Customer's Conduct of Business Through Affiliates.
The parties acknowledge that Customer may carry out its business through affiliates. Customer agrees
to cause its affiliates to take such actions and to execute such documents as may be reasonably
required to give effect to this Agreement as though references to Customer in this Agreement were
references to Customer and those of its affiliates through which it carries on the business of owning
and operating parking facilities.
IN WITNESS WIdEREOF, the patties have caused this Agreement to be executed by their duly
authorised representatives.
CITY OF S �B PH
By: ctor, Miirabile
Its: City Manaeer
Notice Address:
6130 Sunset Drive
South Miami, FL 33143
r
t
C)
-7-
VERRUS MOBILE TECHNOLOGIES
INCORPORATED
By
Notice Notice Address:
# 201 —1028 Hamilton St.
Vancouver, British Columbia
Canada
APPENDIX A
Services to be Provided:
Pay by Cell Plzone (PBC)
System will:
1. Register customers by, phone or online who wish to pay for parking by cell phone.
2. Activate and collect payment via credit card for parking by cell phone in accordance with
rates specified by the Customer.
3. Display payment status of license plate; space or meter number on internet capable
handheld device such as cell phone, PDA or Handheld computer.
4. Provide secure web based administration interface for rates control, management and
accounting reports.
Pricing:
One Tins e Set -up Fee
P13C set -up N/A
Monthly Fees due to Verrus
PBC hosting fee
N/A
Per Transaction Charges to Verrus
PBC consumer pays
$0.25 / transaction
Text massage reminder fee (optional for consumer)
$0.101 transaction
Credit Card Authorization charge (if applicable)
N/A*
PBC Credit Card Internet gateway charge (if applicable)
N/A
* NOTE: Customer's own credit card processing, merchant account fees will apply
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday. Sunday and
Legal Holidays
', gR:Ux*�, ,
Miami, Miami -Dade Cauny, Florida
a
STATE OF FLORIDA
COUNTY OF MIAMI -DADS:
Before the undersigned authority personally appeared
1
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
..
CITY OF'�SOUTkI Mil1MI
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
`: NOTICE' OF I?UBLIC HARING ..
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
NOTICE:ISHEREB"i'venthatthe6lty ComlltisstpnofthaCitYOf:South-
Miam+,F�oritla +wil(,:conduct Pu(iliC Haactngs ;a4 its regulr Gity,
Uomisslon meethgscheduled`fpi, 7uasdaff +:Nd4embe'r+36T20fb,
30 pt[f itn
iha,Gity,IGor0misslon Chambersk 6130:Sunset
CITY OF SOUTH MIAMIbeg171nidgat�
PUBLIC HEARING - NOVEMBER 16, 2010
Drfve ipcosts +derlhe fpVoWing
A Raeolution of the Maypr and City Commission of the City' of '
in the XXXX Court,
Souti>,M)ami Florida aythonzipd the Gpy Manager jo
aXedute
was published In said newspaper in the Issues of
'an agreeatent plggybacking She;t;ity oftFoft I- puderdaJ'
IAA 1 ; :,
r eat ;agreemefrt. for en anitial (f +tee years WNJr
two one year
tV05 /2010
�opt�(tijis to ren�W WRh Varrxts;Jdobl)er Tachriologtea
Inc;;sYQ g.;i
prourdedeliphdne; oC64uivalarit jgchgotogya9;payrpeM,trJotitod
'foi'thuiti sp,666
parking Stations . within
the Gfty.a South.. !amr :'
Affiant further says that the said Miami Daily Business
-and prowdinganieffecli
date.: "'` '
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
. ALL f fbid�� ' patties ate i6vited,toattend andw)p be heard,
heretofore been continuously published in said Miami -Dade County,
+s
Florida, each day (except Saturday, Sunday and Legal Holidays)
Fnr,furthermiorrpat(on phase contact the CityRlerks Ofilce at .,'
305 =&63 6340
and has been entered as second class mail matter at the post
office In Miami in said Miami -Dade County, Florida, fora
, +. ytWana+t+�OMOrtaetdkax CM¢
period of one year next preceding the first publication of the
.. a
attached copy of advertisement; and afiiant further says that he or
she has neither paid nor promised any person, firm or corporation
Pe)rsuanE xd F7orrda tS,tatutes 2¢tY R'f65 ctie'C�tyt lt�retiy` apvrses th er
any discount, rebate, -soon fission or refund for the purpose
of securipg' is advertisemen or publication in the said
put�h�GthaY if a ei;ogydecides for apieaj any dels)ort made -6K thls:.
of idw;"Agency r GomjrrJ ;side with respect fo any 'SA I considered at
Swor ascribed before me this
05 day of NOVEMBER , A.D. 2010
(SEAL)
MARIA MESA personally known to me
{ Ve>e.No Notary Pubtic State ofRorida
I Cho H. Mamrer
MYY CemmWon DD793490
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