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Res No 188-17-14989RESOLUTION NO: 188-17-14989 A Resolution authorizing the City Manager to enter into a multi-year agreement for Pay-by-Phone ·services with Pay by Phone Technologies, Inc., through a piggyback agreement from the Miami Parking Authority. WHEREAS, the City provides the parking public with the latest state-of-the-art technology in cell phone payment options for pay for parking spaces located within the City; and WHEREAS, the Miami Parking Authority (MPA) competitively issued Request for Proposals, #RFP 14-06, for Pay-by-Phone services; and WHEREAS, a Selection Committee for the MPA reviewed, scored and ranked respondents to the RFP after oral presentations; and WHEREAS, the Selection Committee scored Pay by Phone Technologies, Inc., as the highest ranked respondent and the committee recommended that the contract be awarded to Pay by Phone Technologies, Inc.; and WHEREAS, the City desires to utilize the MPA agreement for Pay-by-Phone services; and WHEREAS, Pay by Phone Technologies, Inc., will provide services at the same prices and terms as the MPA agreement; and WHEREAS, the per transaction fee of .27 cents with text messaging notification represents a reduction from the existing fee structure of .35 cents charged to Pay-by- Phone customers, opting for text messaging, which represents approximately 96% of the City's Pay-by-Phone customers, at no cost to the City. 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 enter into a mUlti-year agreement for Pay-by-Phone services with Pay by Phone Technologies, Inc., by through a piggyback agreement from the Miami Parking Authority. A copy of the agreement is . attached. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. Page 1 of2 Res. No. 188-17-14989 PASSED AND ADOPTED this5 th day of September, 2017 ATIEST: APPROVED: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea Page 2 of2 (j) South rMiami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Agenda Item NO.:J.B September 5,2017 A Resolution authorizing the City Manager to enter into a multi- year agreement for Pay by Phone services with Pay by Phone Technologies, Inc., through a piggyback agreement from the Miami Parking Authority. The City of South Miami (CSM) provides the parking customers with the latest state-of-the-art technology in cell phone payment options. The City currently provides mUlti-space parking that offers 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 Boundaries. Via Resolution 247-10-13281, the City authorized the City Manager to execute a piggyback agreement using the City of Fort Lauderdale multi-year agreement with Verrus Mobile Technologies, Inc. (Pay-by-Phone) to provide cell phone or equivalent technology as p'ayment method for multi-space parking stations. Since that time the City has been working with Pay- by-Phone Technologies. In an effort to increase parking customers to the City of South Miami and usage ofthe Pay-by- Phone system, the City is recommending piggybacking from the Miami Parking Authority (MPA) contract, which provides, the fee paid by the consumer be .27 cents per transaction with text notification, opposed to the existing structure which is .35 cents per transaction wit,h text. Moreover, the agreement provides that the City of South Miami could opt to absorb the fee at any time, in the future, should the City decide to move forward with elimination or drastic reduction of the actual Parking Pay Stations. The actual estimated annual expenditure of operation of the City's pay stations is approximately $80,254. This excludes the actual cost of purchase and installat~on which is approximately $10,000 per pay station. ~ South'Miami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM . Below is a breakdown of the actual estimated expense items, which are exclusively related to the operation and maintenance of the pay stations: DESCRIPTION Digital Parking Pay Stations EMS Fee ($55 x 47 machines) x 12 months Pay Station Misc. Supplies (Paper, batteries, Cleaning Supplies) Parker Systems Tier 2 -47 machines @ $250 ea. Pay Station Warranty (1 year) -22 Machines out of warranty FY 18 TOTAL Amounts $31,020 $16;584 $11,750 $20,900 $80,254 The City's Finance Department completed an estimate of the cost associated with the City absorbing the Pay-by-Phone fee using the.22 cents charge provided within the MPA agreement. Based on conservative estimates, the estimated annual cost to the City is provided below for the next 5-years: FY 2017 FY 2018 FY 2019 FY 2020 FY 2021 Expected # of Transactions Expected % Change from Previous Yr. If and when the City is ready to absorb the fee, the fee structure outlined in the table is available for such change. So even if it is a year or two from now, the City will be able to get the reduced fee. Lastly, the transaction fees are through a separate piggyback agreement from the MPA. MPA competitively issued a Request for Proposals for pay by phone services equipment and awarded a contract to Pay-by-Phone Technologies, Inc., who will provide those services to CSM if we proceed with the piggyback from MPA at the same prices and terms as the agreement. There is currently no cost to the City for these services, as the transaction fees are charged to the customer. (4). South'Miami THE CITY OF PLEASANT LIVING consumer CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM $0.27 FUND & ACCOUNT: No cost to the tity ATTACHMENTS: Resolution Piggyback Agreement with Pay by Phone Technologies • Cooperation and Services Agreement • RFP #14-06 • MPA Contract Prices AGREEMENT FOR PAY BY PHONE SERVICES ~ TIDS AGREEMENT ("Ag .... ment") made and entered into thi~yof ~ ~\»kv, 20 n by and between the City of South Miami, a Florida municipal Corporation by d through its City Manager (hereinafter referred to as "City") and PaybyPhone Technologies, Inc., (hereinafter re~erred to as "Contractor"). WITNESSETH: WHEREAS, the contract for pay by phone services was competitively solicited by the Miami Parking Authoritv pursuant to RFP #14-06 which allows for the purchase of Pay by Phone services through an agreement between the Contractor and the Miami Parking Authority; and WHEREAS, the pay by phone services contract, titled "Cooperation and Service Agreement" w~s competitively solicited by the Miami Parking Authority pursuant to RFP #14.06, and, after completing a competitive biddmg process, Miami Parking Authority awarded the pay by phone services contract to Contractor; and ... .... .. -... . . . WHEREAS, the City of South Miami, pursuant to authority of the City of South Miami's Charter, desires to utilize the Miami Parking Authority's contract with Contractor. NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: 1. The City hereby enters into this Agreement, under the same terms and conditions as set forth in the solicitation and the contract between the Contractor and the Miami Parking Authority. 2. The City has reviewed the contract and agrees to the terms and conditions to be applicable to a purchase order to be issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor hereby' agrees to provide such goods andlor services, pursuant to the City's purchase order made during the term of this Agreement, under the same price(s), terms and conditions as found in the solicitation documents; the response to the solicitation, and the pay by phone services contract, including any amendments and addendums thereto, (collectively referred to as the "Contract Documents"). Pertinent copies of the Contract Documents are attached hereto as Attachment A and made a part hereof by reference. 3. All references in the pay by phone services contract between the Miami Parking AuthOrity and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made by or on behalf of the Miami Parking Authoritv pursuant to the Contract Documents shall be made, under this Agreement, by the City Manager for and on behalf of the City of South Miami. The term of this Agreement, including all extensions authorized by the Contract Documents shall not exceed five years. Notwithstanding anything contained in the Contract Documents to the Thomas F. Pepe-01-11-16 Page 1 ofS contrary, tbis Agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. 4. Scope of Goods and Services. The scope of goods and services are set forth ..... _~in_Attachment A to this Agree=m=e=ll""t.'---___________ _ 5. Contract Price. The contract price for the good and services is set forth in Attachment B to this Agreement. If not otherwise set forth in the Miami Parking Authority pay by phone services contract, the Contractor shall be paid upon delivery of all the goods, the completion of all the services and after final inspection by the City that approves of the goods delivered and the work performed. Iii GFft&t FlHl4iBg: This l*ejest is beiBg fu.aded ~ and Contrastor agrees to oomply with all the Fe(fQirements of that Gfa:at, applioable to the delP/ery of the goods aRd seroses that are the subjest oftms Agreement, and that are '.vithiH its power to provide aBEl to pro'lide all the deeamefttation withia its eontrol that is reflUireEl for the City to be able to FeSO'leF the eantraGt priee pti:FSliaBt to the terms of the gmnt. l'L eopy of the grant is attaehed hereto Bfld made a part hereof by rererene6. 7) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.070 1) while providing goods and/or services on behalf of the cirY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term!lIld following completion of the Contract if CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the Contract,transfer, at no cost, to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR shall destroy any dupli.cate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE .APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. 7. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Thomas F. Pepe -01-11-16 Page 2 of5 Contract Documents or the performance of the Work thereunder. 8. Validity of Executed Copies: This agreement may be executed in several counterparts, each of which may be construed as an original. 9. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 10. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall. to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent pennitted by law. 11. Conflict of Document In the event of any conflict or ambiguity between the Contract Documents and this Agreement; this Agreement shall prevail and take precedence. IN WrtNESs WHEREOF, and as the duly authorized act of the parties. the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials On or before the day and year first above written. . Read and Approved as to Form, Language, Legality and Execution Thereof :~4# By: ___________ _ ThomasF. Pepe City Attorney Thomas F. Pepe -01-11-16 Page 3 of5 teven Alexander City Manager ATTACHMENT A 1. Cooperation and Service Agreement Between . Contractor and Miami Parking Authority 2. RFP #14-06 including the Scope of Services Thomas F. Pepe -01-11-16 Page 4 of5 COOPERATION AND SERVICE AGREEMENT • . . ... . ... .. .. . . . . .. -,J..... i.~! ----~----lT.his_CeGperatien and Servwe Agreement (the ",A,.greement") 1S entered mki as ofNO"v'Cmber~, 2014 betWee'-------+-- PayByPhoneTechnologies Inc., a developer of enhanced mobile commerce solutions, a British Columbia corporation with its principal place of bu,sjness at #403 -186 Hamilton Street, Vancouver, British Columbia, Canada ("PayByPhone") and City of Miami Department of Oif .. :Street ParkingalkJa Miami Parking Authority, an agency and instrumentality of the City of Miami located at 40 NW 3rd Street, Miami, Florida 33128 ("MP A" or "Clienf'). RECITALS For and in consideration of the mutual promises and covenants set forth herein and other good and valuable consideration, PayByPhont< shall provide wirc:;less applications to enhance the payment process for parkiIlg at parking facilities and metered parking stalls owned andlor managed by Client. PayByPhone mobile commerce solutions will aiso provide Client with a manag,ement information system, including real-time operation and transaction reports. AGREEMENT Section 1 INCOl{POnAt10N OJ,? SOLICITAnON AND RESPONSE; CONTROLLlNGDOCUMENT ThePart,ieshenlbyfu9QrjJorate the sqlicitation, all addenda ("RFP") and PayB yPhollc's respon~e a~ jf all fully set forthheryil1 and a part of this Agreement In theeveilt of any conflict between the RFP, PayByPhone'sresponse and this Agreement, theRFPshall control, followed .by this Agreement.and ending with PayByPh()Iie'sreS'p01i.s~. Section 2 THE PAYBYPHONE MOJJILE PAYMENT PLATFORM AND APPLICATIONS 2.1 PAY)JypaONEl\{O:QILEPAYMENJ'i\PfLICATION PayByPhone agteesto utilize thePayByFhone mobilepaymentservice for use at Client's managed and owned parking facilities as agreed uponbyPayByl'hone and Client, to allow for consumers to pay for the use of those facilities through personal wireless i:lev.i,c~ (e;g., cellular telephones) or other wireless systems. 2.2 P1\YBYPHONJjJ MANAGEMENT INFORMATION SYSTEM Pay By phone wiu operate and manage a software application for Client that will provide near real time information andmana,gementreports on the transactions conducted utilizing the PayByPhone Parking Payment Application (the ''Manage1l1ent II1formation System"). PayByPhone will host the Management Jnfonnation System on its network. CHent will access the Management Information System through a browser-based program installed on Client's computer hardware. 2.3 COMPUTER, NETWORKING AND TELECOMMUNICATION SYSTEMS PayayPhone will own or possess, ap.d will operate and.irulintam, aU computer and networking hardware and software and data (collectivelY,"computer information") required to operate the PayByPhone mobile payment services service as contemplated in this Agreement, other than Client's existing computer and telecommunications systems. PayByPhone's shall be solely respoIiSible for the security of any computer information stored on its system. 2.4 MOBILEJ,l AYMENT SERVICE ENFORCEMENT Clientagrees to supply Wireless Devices to employees in the field to provide real time confirmation of validly parked vehicles. 2.5 REpORTS PayByPhone will provide Client with a set of standard reports in the self-servePayByPhone Service Management Interface System. Any changes or customizations to the standard set of reports will be subject to then-current PayByPhone Professional Services fees. See Appendix B for sample rates. PnyByPhoJle i~ifm· J 161i JJal1lilion Street V~)jCOlIver, Be V6J3 2S) Section 3 FEES.Am) PAYMENTS 3.1 PRICING AND PAYMENT Cliemagrees to pay the fees, as outlinedin.-Appe.tid~ts-p~~a~ -a\t--------J-- taxes, including taxes applicable on fees paid by the consumer, and Client is responsible for payment of such taxes. All prices are stated, and Client shall pay, in US dollars. Payment is due within 30 days of invoicing. 3.2 MERCHANT ACCOUNT Merchant account refers to Client's merchant account set up with Client's acquiring bank. PayByPhone will cover the cost of linking one (1) Client merchant account with PayByPhone's gateway provider. Client agrees to cover the cost of merchant account updates including all third party fees and then-cutTent PayByPhone Professional Services fees. See Appendix B for sample rates. 3.3 TRANSACTIQN rESTING PayByPhone reserves the right to execute test transactions from time to time to ensure top performance of the system and accouilt. PayByph()nemay eJ{eQut~ up to ten (10) test transactions pernionthwithoUt adjusting the Client invoiCe. 3.4 'rJIIlU) PMITY INTEGRAT.IQN In the event system changes (such as upgrades) by Ii third party .iin:pact the PayByJ.>hone integtation with Company sub-systems such asemorcement, Client agrees to cover any PayByPhone development costs required to maintain integraqori.PaYByPhone w.iUnotify Client, in advanc¢, of any Sllchintegration costs that could be 'llclc:1ed. Section 4 MARKETiNG,.PROMOTlON.AND USER EDUCATION 4.1 SIGNAGE Clieilt ~gre¢s to providesignage and adequate space for PayByPhone signage at each parking facility at which the PayByPh,one mobile payment services service is to be available, With sign size andpl~Qementto belilutllillly agreed by PayBJPhone and Client. Client agrees that signs will be hungandlor located near paym~nt machines at parking facilities enal11e~with the PayByPho~e mo"Qile payment services service. Client wiJ1 provide;'lll decals and signs required for ·implementation. Client agrees to supply all future decals and signage; including new locations. Client agrees to supplY repli}Qement decals which may be required in the future. PayByPhone will provide the first round of signage at CHenes location offering PayByPhone as mobile payment service provider. PayByPhone will provige one sign to be located at eachpaystation, plus one at each level of the parking structure without a paystatioil. Additionally, one decal will be placed on eachpaystationllndlot meter. 4.2 MARKETING EVENTS PayByPhone may conduct on-site marketing eveil.ts and cam,paigns for the service, whereby PayBy-Phone will worm parking lot consumers of the availability of the PayByPhone mobile payment services as well as any promotions available, with the knowledge and approval of Client which is not to be reasonably withheld. 4.3 CLIENT TRAINING PayByPhOne will provide wHal training to Client using a "Train the Trainer" model on the self-served PayByPhone Service Management Interface (SM!). The said Client Trainer will, at its own expense, train its staff and employees, including patrollers, to operate the mobile payment services and related applications and technology. Additional training sessions are available at the then current professional services rates. See Appendix B for sample rates. Section 5 PROTECTION OF INTELLECTUAL PROPERTY RIGHTS Page 20f8 The parties shall cooperate with each other in protecting their respective trade names, designs, trademarks and other similar intellectual property rights from unauthorized use. _____ Sectioa6-TERMAND.TERMINATION-. 6.1 TERM AND RENEWAL This Agreement shall enter mto force for a period of three (3) consecutive years from the date signed unless earlier terminated in accordance with this Section 6. The contraCt shall be automatically renewed annually on the anniversary of the termination date above unless either party gives the other party at least ninety (90) days prior written notice of its intent not to renew the Agreement. 6.2 TERMINATION Should a party Qreach a material feim and such breach remains lIncorrected for thirty (30) dl\Ys after receipt of a wr;.itten notice by the breagWng P!ifty, the non.breaching party may,m addition to all otherremedies available at law, terminate this Agreement by providing written notice to the breaching party, without further obligation provided, hqwever, that if tlie nature pfthe breach is such that it cannot be reasonably cured within such thirty (30) day period, the breaching party will not be deemed in default of this Agreement So long as such party COinmences efforts to effect a curearid3li1 diligently purs\ili.lgsuch effortS. Provided, further, thaHfthe breach is as a resuttof the non-payment of any fee, thenon-l,reachip.g party ti).a:Y terJ11inate thi$ Agreerp.et1t if such preach remains uncprrected for ten (IO) days after the breaching party's receipt of notice of such breach. Within thirty (30) days after the termination of this A.gr(JetneDt Section 7 REPRESENTATIONS AND WARRANTIES 7.1 MUTUAL REPRESENTATIONS AND WARRANTIES Each party represents and warrants to the other that i) it has the full cotporate right and authority, and possesses all licenses, permits, authorizations and rights to intellectual property, necessary to enter into ~ncl perform this Agreement; ii) its entry into and perfonnance orthis Agreement do not and will not conflict with or result in a breach or viola,tioli of anyagreemelit o.r orderby which it is bound; and iii) this Agreement 90nstitutes its legal, vilid a:tld binding obligations enforceable against it in accordance withthe terms of this Agreement. Section 8 DIS(,:LAJM]l:R, INDEMNIFICATION ~ LIMITATION OF LIABILITY 8.1 DISCLAlMER EXCEPT AS EXPRESSLY SET FORTH :rN THIS AGREEMENT, PAYBYPHONE DOES NOT MAKE; AND HEREBY SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTlES, EXPRESS OR IMPLIEP, REGARDING THE PAYBYPFtONE MOBILE PAYMENT SERVICES INCLUDING ANY IMPLlED WARRANT1ES OF TITLE? MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. CLIENT ACKNOWLEDGES THAT THE PAYByPHONE MOBILE PAYMENT SERVICES AND SERVICES FURNISHED BY PAYBYPHONE UNDER THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY SERVERS OR OTHER HARDWARE, SOFTWARE, APPLICATIONS AND ANY OTHER ITEMS USED OR PROVIDED BY PAYBYPHONE OR ANY THIRD PARTIES IN CONNECTION WITH PROVIDING ACCESS TO OR HOSTING ANY OF THE FOREGOING OR THE PERFORMANCE OF ANY SERVICES BY PAYBYPHONE UNDER TRIS AGREEMENT) ARE PROVIDED BY PAYBYPHONE "AS IS". 8.2 INDEMNIFICATION Subject to Section 9.3, PayByPhone will protect, defend, indemnify and hold harmless the Client and the City of Miami its officers, employees, volunteers, and agents from and any against any and all third party claims, actions, Page 3 ofB Icisses, penalties, fines, damages, settlements, judgments, claims, costs, charges, expenses, or liabilities, including any award of attorney fees and any award of cQsts, (collectively, "Losses") resulting :from or arising outofPayByPhone's breach of any representation, warranty set forth in this Agreement. The provisions and ~~!!gl!!i.!l_!l_s_-'!t tl!i!_S~~ti!ln. ___ _ --~-shaIhurvivetheexpfrationofearrrerteriillnatfon~of tIus Agreem:entf~r-;-p;iod-~~ greater than the date of termination of the original agreement and shaft only apply to events tluit took place during the term of this agreeme~t. In the event the Parties are notified of the existence of any covered Losses, the Parties shall agree upon a mutually satisfactory local attorney t() defend the Client as necess!lly. 8.3 . LIMlTATION OF LIABILITY IN NO EVENT SHALL ANY PARTY BE LIAl3LE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANYDAMAGESirnSULTING FROM LOSS OF USE ORPROFITS ARISING OUT OF ORIN CONNEc.:TION WTrHTIDS AGREEMENT, WBETHERIN AN ACTIONBASEb ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY I.IAS BEEN ADVISED OF tHEPOSSIDlLITY OF SUCHDAMAGES. 8.4 P ARKlNGRATES Client will b.e given access to confuni the patking tates at each location via tM PayByPhone back office system. PayByPhane wiUmake every attempt atensuring the rates are configured correctly; upon c01l1pletionof each location setltp, it is the Cliejit's l'esponsibiIity to ensllte aU rates are configured catTectly. Failing to do so shall exclude PayBy.Phonerromanyliability. Client shallptovide PayByPhone with sUfficient notice of MY rates change during PayByPhone standard business hours. Section9 CONFIDENTIALITY· Subject to the provisions of Chapter 119, Florida Statutes (20i4), neither party will disclose the other party's cohfidential or prQpriet!!ry info~ation (includWg this Agreement and any information provided by the other party that is confidentially maintained otptoprietaty or which detives value from 110t being geherallyknown to personS who can obtain economic value frQm its disclosure or use) except: i) with tMother party's consent; ii) to employees, agents and contractors who have alieed 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 as restrictive as this Agreement; ill) whenrequired to do sO by law or by any binding rule, order or request. Eachparty shall exercise re~sonablecommercial care in protecting the c_onfidentiality of the other party's confidential infol'mation dIsclosed to it. The patties agree that an actual or threatened breach of this provision would result in irreparable hann. to the party whose confidential information would be disclosed in breach, and shall 'entitle that party . to temporary or permanent inj-ll.nctive relief without proof of actual damages. For purposes of this Section 10, the parties agree that confidential 01' proprietary information does not include anY infonnationthat is (a) already known to the receiving party at the time of disclosure hereunder (other than nom the otlter 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 patty without reliance 011 the confidential information of the disclpsingparty as shown by its written records. Section 10 MIsCELLANEOUS 10.1 ASSIGNMENT Page 4 of8 This Agreement shall be binding on the parties, their successors and their pennitted assigns. Neither party may assign its rights or obligations under this Agreement without the written consent of the other. 10.2 NoAGENCY ------llachpartY,-lli-aifmaItersreJatiiigtothlS AID:ee.rrieh~ will act aSal:lbldepelldent contractor and iQd~pi::~dent~mpi~Yets. Except as otherwise expressly set forth herein, neither party will have authority and will not represent that it has any authority to assume or create any obligation, express or implied, on l;:lehalf of the other, or to represent the other as an agent, employee or in any other capacity. Nothing in this Agreement shall be 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 o$.er party. 10.~(joVERNING LAW This Agreement, and all matters relating hereto, shall be govemed in all respects by the laws of State of Florida, exc1lldip.g the apPlication of any cotillict of laws prinqiples anc1/or roles. The parties hereby agree tht aU 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 FIQrida and consent to the personal and exclusive jurisdiction and venue of these c.ourts. 10.4 SEVERABlLITY Iii t4e event tPat ~riy pr.oVision of this Agreement shall be unenforceable Or invaIi<l, '\Jnder aJ1.Y applic&bJe law or be so held by applimible couttdecision, such unenforceability or invalidity shall not render this Agreement unenforceabie orinv\llid as a whole, and, in such event, such provisionshall be changedaud interpreted so as to best aCCOmplish the objectives of stich lll;leriforc~able at: invah<lJirovisi6n witllin the 1inUts of applicable law or applicabJecotirt deciSIOns. 10.5 ATTORNEY'S FEES ill any legal proceeding between the partie~, the parties shall be responsible fortheir own attomey's fees and expenses. 10.6 FORCE MJ\JEtJRE If performance hereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the r~as()nab1¢ control ofa party, the party so aff¢cted, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such pt:evention, 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!;ubject !ll~tter hereof. This Agreement supersedes, and the temiS of this Agreementgovem, any prior agreements with respect to the subjectmattet hereof. This AgreeIi:t¢nt may not be modified, i\niended or any provision waived exceptbythe parties' mutual written agreement. 10.8 NO W AlVER Failure by either party to enforce any provision of this Agreement (whether in anyone or more instance) shall not be deemed a wlliver offuture enforcement of that ot any other provision, 10.9 NOTICE Any notices hereunder provided to PayByPhone shall be given at the address specified below or at such other address as PayByPhone specifies in writing. Any notices herermder provided to Client shall be given at the address specified below or .at such other address as Client 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 andtetUln 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 e- mail. 10.10 COUNTERPARTS Page 5 ofS This Agreement ml;ly 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 pUlposes hereunder. 10.11 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 properly rights (collectively, "Intellectual Property") are conveyed 'by this Agreement. Each party reserves the ri~ht to approve in advance the use of its Intellectual Property by the other party in each and every :instance. All Intellectual Property owned 9Y either party shlill 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 AgreeIilenth,avebfleti obtained, and the perspnwhose signature appears below bas the authprity necessary to execute this Agreement on behalfof the party indicated. 10.14 SO'PHlSTICAtHlN-OFPARTIES Ellchpaityto tliisAgreement represents thatitis a sopWsticated commercial party capable of understanding all of the termS of this Agreement; thatit hils-ha,d ~ oppo:tqmity to review this Agreement with its counsel,and that it enters this Agreement with :fulllmowledge of the terms of the agreement. 10.15 CLIENT'S CONDUCT OF BUSINESS T.QROUGHAFFILIATES The p~es ac1Q1Pwledge that Client may carry outitsbusiness'throughaffiliates. Client agrees to cause-its affiliates tq take $iloh ilytiQns arid-to !;:lxecute SJlch documentllas may b~ rel'lsonably reqUired to give effect to thls Agreement as though references to Client in this Agreement were references to Client and those of its affiliates through which it carries on the business of Clwnbig arid ope~ating Plll'lcing faQilities. 10.16 PUBLICREcoR,Ds Pay By Phone understands that the public shall have access? at all reasonable times, to all documents and information pertaining Jo MP A contracts, subject to the proyisions of ChaPter 119, Florida Statutes,and agrees toaUow access by MPA and the public to aU dOcUllientssubject to disclosure underapplicablelaw. PayByPhone's failure or refusal to comply with the provisions of this Sectioh shall result in MPA's immediate cancellation of this Agreement. PayByPhone aclmowleqges that this term.ination is not subject to cl:fre provisions contained elseWhere in iliis Agreement. PayByPhone shall additionally comply with the provisions of Section 119.0701, Florida Statu,tes, entitled "Contracts; public tecords'\ as may be applicable, which statute is deemed as being incorporated by reference herein. [SIGNATURES TO FOLLOW ON THE NEXT PAGE] Page 6 ofS IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorised representatives. ATTEST: ATTEST: CDENT: BY:-----L-A+~J=----· I n(f·~r:e..J 1-4"'''''''J 1 Dev', - APPROVED AS TO FORM AND CORRECTNESS: Victoria Mendez City Attorney Notice Address 40 NW 3rd Street #1103 Miami, FL 33128 Arthur Noriega;-:M:P A ChlefExecutive Officer Notice Address: #403-1168 Hamilton St. Vancouver, British Columbia, Canada Page 7 of8 APPENDIX A RFP Response From PayByPhone 1 I Page 8of8 REQUEST FOR PROPOSALS FOR PAY BY PHONE SERVICES RFP No. 14 .. 06-PAY BY PHONE SERVICES Contracting Officer: Telephone: Arthur Noriega, V. Chief Executive Officer (305) 373-6789 SUBMISSIONS ARE DUE AT THE ADDRESS SHOWN BELOW NO LATER THAN May 19,2014 by 10:00 AM (Local Time) At Miami Parking Authority Procurement Department 40 N.W. 3rd Street, Suite #1103 Miami, FL 33128 THE RESPONSIBILITY FOR SUBMITTING A RESPONSE TO MIAMI PARKING AUTHORITY ON OR BEFORE THE STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE PROPOSER. MIAMI PARKING AUTHORITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE. MIAMI PARKING AUTHORITY IS AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE BASED ON AGE, GENDER, RACE, SEXUAL ORIENTATION OR DISABILITY. PUBLIC NOTICE The Department of Off-Street Parking of the City of Miami d/b/a Miami Parking Authority ("MPA" or the "Authority") is seeking Submissions ("Proposals" or "Responses") for PAY BY PHONE Services ("Services"). Interested firms may pick up a copy of the Request for Proposals ("RFP") to be issued on March 31 st, 2014 at 40 NorthwestThird Street, Suite #1103, Miami, Florida 33128. The RFP contains detailed and specific information about the scope of services, Submission requirements and selection procedures. One (1) original, five·(5) bound copies, and one (1) copy on CD-ROM in PDF fonnat of the completed and executed Submission must be delivered to the administr~tive office of the Miami Parking Authority, 40 Northwest Third Street, Suite #1103, Miami, Florida 33128 no later than 10:00 a.m., on or before May 19,2014. Submissions received past such deadline and/or submitted to any other location or office shall be deemed not responsive and rejected. The Chief Executive Officer and/or the Board reserves the right to accept any timely Submission deemed to be in the best interest of Miami Parking Authority, to waive any minor (e.g. not material) technicalities, omissions, or irregularities in any Submission and/or reject any or all Submissions, and re-advertise, at MPA's option, for new Submissions. A pre-bid meeting will be held on April 23, 2014 in order to answer any questions or to clarify any doubts that may arise after preliminary review of this document. This pre-bid meeting will not be mandatory and failure to be present will not be a cause for disqualification. Any prospective bidder that is not in attendance must submit any questions in writing by no later than April 25th , 2014 at 5:00 pm. Proposers may fax or mail their requests to the attention of Rolando Tapanes, Procurement Manager, 40 N.W. 3rd Street, Suite #1103, Miami, Florida 33128. The facsimile number is (305) 371-9451; email is:rtapanes@miamiparking.com. All responses to questions/clarifications will be sent to all prospective bidders in the form of an addendum. Interested firms/individuals are responsible for visiting MPA's website or contacting Rolando Tapanes, rtapanes@miamiparking.com. to obtain and/or download information pertaining to the RFP. This RFP is also available on our website: www.miamiparking.com. 2 SECTION 2 3 4 5 6 7 TABLE OF CONTENTS DESCRIPTION Introduction to Request For Proposals Statement of Services MPA's Roles and Responsibilities Proposer Submittals ImplementationfT esting/Acceptance RFP Response Forms RFP Timetable & Evaluation/Selection Process 3 1. INTRODUCTION TO REQUEST FOR PROPOSALS 1.1 INTRODUCTION The Miami Parking Authority (MPA) is seeking proposals from qualified companies to host Parking Pay-By- Phone/App Services to the general public served by the Miami Parking Authority (MPA). The company shall be qualified and experienced in the industry and propose best practices currently being used by Government Parking Agencies. The MPA currently has a mixture of Pay-by-Phone, Pay-by-Plate, Pay-and- Display and single space meters in place. The MPA would like to continue to improve the customer experience when using any of the parking payment options and would like'to aid enforcement of parking policies. 1.2 BACKGROUND The MPA is responsible for the oversight of public parking locations within the City limits. The Agency develops parking policies and plans,for specific facility expansion to serve the parking demand throughout the City. The present parking inventory consists of 6 garages and 64 surface lots owned and/or operated by the MPA. The number of on-street spaces managed by MPA which are controlled with a combination of multi- space pay stations, single space parking meters and pay-by-phone total 1 0,200 spaces. 1.3 GOAL AND OBJECTIVES The MPA would like to continue to enhance a customer's experience when paying for parking via cell phone; allow customers to receive a call or text message when their parking time is nearing expiration; allow customers to increase parking time with a cell phone credit card payment, and allow customers to easily make payments and retrieve information from their accounts. The solution will allow MPA to verify customer payments, as well as create meaningful and accurate reports. The Pay-By-Phone/App Services will continue to enhance the daily business activities and service provisions undertaken by the MPA. The project involves software subscription licensing with hosting services, secure website for customers, secure credit card payment processing, instructional signs and stickers for customers and training for system users. The Pay-By-Phone/App Services will result in improved service delivery to customers. Additionally, the Successful Proposer(s) shall provide to the MPA, training on the use of its software, electronic means by which payments can be verified and enforced, technical support services, and marketing of the program to potential Pay by Phone customers. The MPA's objective is to procure a system (or systems) that will do the following: • Allow customers to manage their parking payment account online including passwords, vehicle information, credit card information and review of parking history. • Provide parking expiration notification via phone call or text messaging to customers. • Interface real-time with existing multi-space meter software and handheld enforcement citation devices as indicated in Attachment D. 4 • Support existing zones, rates, time· limits, days and hours of enforcement. • Provide financial audit information and history for reconciliation purposes. • Provide decision-quality management reporting for business analysis, problem resolution and overall efficiency. • Enhance the MPA's image with customers utilizing easy-:to-use phone and interactive web interfaces using real-time information. The proposal should address the following parking business functional areas: • Customer Account Management • .Enforcement Management • Payment Collection Management • Parking Rate Configuration • Accounts Receivable • Reporting All Proposals shall be submitted in accordance with this RFP document. The RFP contains detailed and specific information regarding MPA's standards and expectations for the Services. Proposals must be delivered to the Procurement Department of MPA located at 40 NW 3rd Street, Miami, Florida 33128 by 10:00 a.m. (EDT) on May 19th , 2014 and will be publicly opened at that time. The Board reserves the right to accept any Proposal deemed to be in the best interest of MPA, to waive any irregularities in any Proposal and/or to reject any or all Proposals for any reason, and to re-advertise for new Proposals. 1.4 INVITATION Thank you for your interest in this RFP process. MPA through its Purchasing Department invites Proposals which offer to provide the services ("Services") in response to the Scope listed in Section 2.0: 1.5 AGREEMENT The Proposer qualified and selected to provide the Services (the "Successful Proposer") shall be required to execute a Professional Services Agreement ("PSA" or "Agreement") with MPA in substantially the form attached as Attachment G hereto. The award to the Successful Proposer(s) will be made subject to an express condition precedent of negotiation of a PSA satisfactory to MPA, and the Proposer(s), and if such negotiation does not successfully conclude the award will not be made to the Proposer(s). 1.6 DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any request for additional information or clarification must be received in writing no later than 5:00 p.m. (EDT), April 25th , 2014. Proposers may fax or mail their requests to the attention of Rolando Tapanes, . Manager of Procurement and Administration, 40 N.W. 3rd Street, Suite #1103, Miami, Florida 33128. The facsimile number is (305) 371-9451 or email: rtapanes@miamiparking.com. 5 1.7 LETTER OF INTENT TO RESPOND The MPA must receive a letter of intent to respond ("UR") by the date and time indicated in the timetable. This letter can be mailed, delivered, faxed or e-mailed to: Rolando Tapanes Manager of Procurement and Administration Miami Parking Authority 40 NW 3rd Street, Suite #1103 Miami, FL33128 Phone: (305) 373-6789 Ext. 297 E-Mail: rtapanes@miamiparking.com Fax: (305) 371-9451 This is a mandatory requirement. Failure to submit an UR by the deadline specified will result in the disqualification of any Proposal submitted by the Proposer. Submission of the UR constitutes the Proposer's acceptance of the procedures, evaluation criteria, and other administrative instructions of this RFP. UR's may be withdrawn at any time before the Submission deadline. 1.8 CONE OF SILENCE MPA is exempted from the City of Miami Cone of Silence Ordinance, Section 18-74(c)(r). 1.9 ADDITIONAL INFORMATION OR CLARIFICATION Requests for additional information or clarifications must be made in writing and received by the Procurement Manager, specified on the Public Notice section of this RFP, in accordance with the deadline for receipt of questions specified in the RFP (see Section 1.3) and the Cone of Silence (see Section 1.5). The request must contain the RFP number and title, Proposer's name, name of Proposer's contact person, address, phone number, and facsimile number. Electronic facsimile requesting additional information will be received by the Procurement Manager for this RFP at the fax number (305) 371-9451. Facsimiles must have a cover sheet which includes, at a minimum, the Proposer's name, name of Proposer's contact person, address, number of pages transmitted, phone number, facsimile number, and RFP number and title. The MPA will issue responses to inquiries and any other corrections or amendments it deems necessary in written addenda issued prior to the Proposal Submission Date. Proposer~ should not rely on any representations, statements or explanations other than those made in this RFP or in any written addendum to this RFP. Where there appears to be conflict between the RFP and any addenda issued, the last addendum issued shall prevail. 6 1.10 AWARD OF CONTRACT The Agreement will be awarded to the Successful Proposer(s) by the Board based upon the minimum qualification requirements reflected herein. The MPA reserves the right to recommend multiple providers as successful proposers and as such reserves the right to execute. or not to execute, as applicable, an Agreement with the Successful Proposer(s) that is determined to be in the MPA's best interests. If the MPA and the Successful Proposer(s) cannot negotiate a mutually acceptable Agreement, MPA may terminate the negotiations and begin negotiations with the second-ranked Proposer. This process may continue until an Agreement has been executed or all Submissions have been rejected. No Proposer shall have any rights in the subject project or against MPA arising from such negotiations. The Agreement will be furnished by the MPA; will contain certain terms as are in the MPA's best interests, and may be executed on a project by project basis. 1.11 AGREEMENT EXECU:rION An Agreement will be negotiated and executed between the Successful Proposer(s) recommended for award and the MPA. The successful operation of this Agreement requires that the Successful Proposer(s) and MPA agree to act in good faith in all matters relating to carrying out the works, derivation of rates and interpretation of this document. At, and after execution of the Agreement, Proposer(s) should be referenced by its proper business name or "Consultant" .. 1.12 UNAUTHORIZED WORK The Successful Proposer shall not begin work until the above referenced PSA is executed by the parties, and an MPA "Purchase Order" is received. The Purchase Order(s) shall specify the price and period of time allotted for the completion of the work. Both of these actions will be conditions precedent to the Proposer commencing any work. 1.13 INSTRUCTIONS < Careful attention must be given to all requested items contained in this RFP. Proposers are invited to submit Responses in accordance with the requirements ofthis RFP:PLEASE READ THE ENTIRE SOLICITATION BEFORE SUBMITIING A PROPOSAL. The entire set of documents constitutes the RFP. The Proposer must return these documents with all information necessary for the MPA to properly analyze Proposer's response in total and in the same order in which it was issued. Proposer's notes, exceptions, and comments may be rendered on an attachment, provided the same format of this RFP text is followed. All Proposals shall be returned in a sealed envelope or-package with the RFP number and opening date clearly noted on the outside of the envelope. Proposer(s) must provide a response to each requirement of the RFP. Responses should be prepared in a concise manner with an emphasis on completeness and clarity. 7 1.13.1 PRIORITY OF PROVISIONS If there is a conflict with the Request for Proposal and/or the Response to Request for Proposal and this Agreement, this Agreement shall prevail. The MPA reserves the right to resolve any contradictions and to correct any errors contained in its proposal documents. Any conflicts between the Request for Proposal and Addendum shall be resolved in favor of the provisions of this Agreement. If there is a conflict or inconsistency between any term, statement requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into the Agreement Documents by reference and a term, statement, requirement, the ~pecifications and plans prepared by the Consultant, or provision of the Agreement documents the following order of precedence shall apply: III Revisions (Amendments) to the Agreement which are executed shall govem over the Agreement. III The Agreement shall govem over the RFP, any Addendum to the RFP, and the RFP Response. III The RFP shall govem over the RFP Response. 1.14 CHANGES/ALTERA TIONS Proposer may change or withdraw a Proposal at any time prior to the Submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the Submission deadline. 1.15 SUBCONTRACTORS OR SUBCONSULTANTS A Sub-Consultant, herein known as Sub-Contractor(s) is an individual or firm contracted by the Proposer or Proposer's firm to assist in the performance of services required under this RFP. A Sub-Contractor shall be paid through Proposer or Proposer's firm and not paid directly by the MPA. Sub-Contractors are allowed by the MPA in the performance of the services delineated within this RFP. Proposer must clearly reflect in its Proposal the major SUb-Contractors to be utilized in the performance of required services. The MPA retains the right to accept or reject any Sub-Contractors proposed in the response of Successful Proposer or prior to Agreement execution. Any and all liabilities regarding the use of a Sub-Contractor shall be borne solely by the Successful Proposer and insurance for each Sub-Contractor must be maintained in good standing and approved by the City of Miami's Risk Management Department throughout the duration of the Contract. Neither Successful Proposer nor any of its Sub-Contractors are considered to be employees or agents of the MPA. Failure to list all Sub-Contractors and provide the required information may disqualify any proposed Sub-Contractors from performing work under this RFP. Proposers shall include in their Proposal the requested Sub-Contractor information and include all relevant information required of the Proposer. In addition, within five (5) working days after the identification of the award to the Successful Proposer(s), the Proposer shall provide a list confirming the Sub-Contractors that the Successful Proposer intends to utilize in the Contract, if applicable. The list shall include, at aminimum, the name, location of the place of business for each Sub-Contractor, the services Sub-Contractor will provide relative to-any Agreement that may result from this RFP, any applicable licenses, references, ownership, and other information required of Proposer. 8 1.16 DISCREPANCIES, ERRORS AND OMISSIONS Any discrepancies, errors, or ambiguities in the RFP or addenda (if any) should be reported in writing to the MPA's Purchasing Department. Should it be necessary, a written addendum will be incorporated to the RFP. The MPA will NOT be responsible for any oral instructions, clarifications, or other communications. 1.17 DISQUALIFICATION The MPA reserves the right to disqualify Proposals before or after the submission date, upon evidence of collusion with intent to defraud or other illegal practices on the part of the Proposer. It also reserves the right to waive any immaterial defect or informality in any Proposals; to reject any or all Responses in whole or in part, or to reissue a Request for Proposals. 1.18 SUBMISSION RECEIPT Sealed Proposals will be accepted in accordance with the instructions detailed on the cover of this RFP. After that date and time, Responses will not be accepted. The Proposer shall file all documents necessary to support its Proposal and shall include them with its Proposal. Proposers shall be responsible for the actual delivery of Proposals during business hours to the exact address indicated on the cover and in the RFP. Proposals that are not received by MPA'S OFFICE by the deadline established in the RFP shall not be accepted or considered by the MPA. 1.19 CAPITAL EXPENDITURES The Successful Proposer understands that any capital expenditures that the Successful Proposer makes, in order to perform the Services required by the MPA in this RFP, is a business risk which the Successful Proposer may include in its proposed price. The MPA, however, is not, and shall not, payor reimburse any capital expenditures or any other expenses, incurred by any Proposer, in anticipation of an Agreement award nor to maintain the approved status of the Successful Proposer if an Agreement is awarded. 1.20 PROPOSERS RESPONSIBILITY Before submitting a Proposal, each Proposer shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract. Lack of knowledge of such conditions and requirements resulting from failure to make such investigations and examinations will not relieve the Successful Proposer from any obligation to comply with every detail and with all provisions and requirements of the agreement documents, and will not be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the Proposer. 9 2. STATEMENT OF WORK The Statement of Work provided in Attachment A describes the responsibilities of the Successful Proposer for the implementation of, and the on-going support/maintenance for, the Pay-By-Phone/App Services. This encompasses both the tasks and deliverables associated with the project's management, configuration, process gaps, customizations, testing, training, marketing of the program, implementation, maintenance and support. 3. MPA's ROLE AND RESPONSIBILITIES 3.1 The MPA will be responsible for and will assume the following roles during the project. 3.1.1 MPA's PROJECT MANAGER The Project Manager will be the lead in defining the needs of the project and will ensure the project objectives are met. The Project Manager will be responsible for: • Oversight of the project scope and schedule in collaboration with the Successful Proposer's Project Manager. • Scheduling and participating in all meetings. • Assisting in the coordination of the implementation, configuration, and use of the System. • Assisting in the System training and updating of documentation as necessary based on the changes in business practices. • Enforcing System site standards (layouts, security processes, etc.) with assistance from department experts. • Ensuring adequate procedures and controls are in place for stable System administration. • Managing project risks and escalating incidents as appropriate. 3.1.2 DEPARTMENT EXPERTS MPA's Department Experts will represent specific business units, providing strategic insight, feedback, and direction for the project strategy. The MPA's experts will be from the following groups: • On-Street Parking Division • Information Technology • Finance • Public Relations • Enforcement Division 3.1.3 The MPA's Department Experts will be responsible for: • Representing the interests of their department and/or business units. • Assisting in the coordination of the implementation, configuration and use of the System. • Assisting in the System training and updating of documentation as necessary based on the changes in business practices. • Collecting and communicating feedback from department staff. 10 • Reporting operational issues with the System environment to the Project Manager as they are discovered. • Assisting in the testing of new or existing system features as needed to ensure optimal performance. • Suggesting potentially useful upgrades or enhancements to the System environment as they relate to current business processes or anticipated changes in business processes. • Providing ongoing assessments of what works well; what requires improvement; are the standards still appropriate; how can business processes improve; do communication gaps exist; can inefficiencies be reduced or eliminated? '3.2 COORDINATION WITH THE MPA The Successful Proposer shall identify the Project Manager to work in close coordination with the MPA's Project Manager. The Project Manager shall be MPA's point of contact. During the term of the contract, the Successful Proposer's Project Manager shall meet on-site with the MPA's Project Manager for the purpose of discussing and coordinating work to be performed, or performance of work. 4. PROPOSER SUBMITTALS 4.1 PROJECT PLAN The Proposer(s) must provide best practice recommendations utilized in previous Pay-By-Phone/App Services implementation experiences similar to the MPA's requirements along with the detailed work tasks with resource role assignments and estimated durations and start/finish dates. The project plan should include all tasks associated with implementation and ongoing support of the Pay-By-Phone/App Services. The project plan shall be delivered within a contractually specified timeframe after contract signing. The following implementation and support functions should be addressed in the project plan with designations for each implementation/deployment phase recommended: • Project Planning/Execution • Communications Planning/Execution • System Environment Configuration • Business Review and Application ConfigurationNalidation • Testing (System, Performance and User Acceptance Testing) • Training and Documentation • Marketing • Implementation • Operations, Maintenance and Support 11 4.2 ARCHITECTURAL PLAN The Proposer(s) must provide detailed descriptions of all software and hardware included in the proposal. . The Proposer(s) must include an architecture schema of the hosting environment and application support platforms. The Proposer(s) 'must depict how all the modules integrate from entry points through back office systems, including but not limited to credit card processing. The Proposer(s) must describe, in detail, all of the equipment it proposes to use. Proposer(s) must also describe in detail its plan for auditing and reconciliation procedures that track electronic revenues from payment receipt to the financial clearinghouse. The clearinghouse system must conform to International Standards Organization (ISO) and Payment Card Industry (PCI) data security standards for messages .. A detailed description of data, . intrusion and transaction security measures must be included. 4.3 TRAINING PLAN The Proposer(s) must provide best practice recommendations utilized in previous Pay-By-Phone/App Services training experiences as they relate to MPA's requirements. The plan should incorporate a variety of training strategies targeted for different levels of users including but not limited to: MPA Managers, Administrators and General Staff. 4.4 OPERATIONAL PLAN The Proposer(s) must provide an organizational chart with narrative description outlining the methods of operation, operational structure, and services to be provided by the Proposer(s). This description should fully and completely demonstrate the Proposer(s)'s intended methods for servicing the MPA's requirements. The Proposer(s)s are also encouraged to provide any other pertinent information that will assist the MPA in evaluating the proposed method of operation. 4.5 REQUIREMENTS RESPONSE The Proposer(s) must·provide responses for all requirements specified in Attachment B, Parking Functional and Non-Functional Requirements utilizing the following instructions to ensure accurate responses: • Enter one (1) response per requirement using the legend below; more detailed descriptions of each is provided in the attachment: o SF: Standard Functionality o NR: Provided in Next Release o MD: Modification Required o RQ: Provided through a Reporting or Query Tool o TP: Third Party Software Required o NA: Cannot Meet Requirement • List the third party product name(s) required to meet the requirement 12 Changes should not be made to the format of the requirements attachment and the response should be submitted in Excel format. 4.5.1 .sUBMISSION REQUIREMENTS The following documents must be submitted as part of the Response to this RFP: Each submittal must contain the following documents, each fully completed, and signed as required. Submittals which do not include all required documentation, or are not submitted in the required format, or do not have the appropriate signatures on each document, may be deemed to be non-responsive. Non- responsive submittals will receive no further consideration. A. CONTENTS OF PROPOSAL STATEMENT 1. Table of Contents The table of contents should outline in sequential order the major areas of the submittal, including enclosures. All pages must be consecutively numbered and correspond to the Table of Contents. 2. Proposal Letter Provide a Letter of Interest indicating the specific project(s) for which the firm is applying. Provide a narrative which addresses the scope of work, the proposed approach to the work, and any other information called for by the RFP. 3. Responses to Services Questionnaire 4. Qualifications of the Firm Indicate the firm's number of years of experience in providing PAY BY PHONE services. Licenses and any other pertinent information shall be submitted. The minimum qualification requirements for this RFP are described below. Submittals which do not contain such documentation may be deemed non-responsive. (Please refer to Section 2.2) 5. Qualifications of the Firm's Supervisory Team List the members of the firm's supervisory team. Provide a list of the personnel to be used on each project and their qualifications. A brief resume including education, experience, licenses and any other pertinent information shall be included for each team member, for each project, including sub-consultants to be assigned to each project. Provide any other documentation which demonstrates their ability to satisfy all of the minimum qualification requirements. Submittals which do not contain such documentation may be deemed non- responsive. 13 6. Previous Similar Services Offered: A list of similar services must be submitted. Information should include: * Client Name, address, phone number. * Description of work. * Year the project was completed. * Total of fees paid to firm. * Total cost of the services, estimated and actual. (References and contact information provided must be current and shall not exceed five (5) years from the year 2014 7. Minority/Women Participation For Proposer(s)s seeking MIWBE consideration, if any, in the evaluation process, Proposer(s)s must be certified by the City of Miami, State of Florida, Miami-Dade County School Board or Miami-Dade County as an MIWBE prior to the Submission deadline. AdditionaJly, the foJlowing documents must be submitted with Proposal, if applicable: • City of Mi~mi Minority/Business Affairs Registration Affidavit or an Affidavit from one of the above listed entities 8. Business Located in Miami·Dade County Proposer(s) must be a firm located within the Miami-Dade County, or have an office located within the Miami-Dade County. Qualification as a "firm located within Miami-Dade County" will be determined and approved based on the entity's filings with the Florida Department of State, Division of Corporations. Qualification as a Proposer(s) having "an office located within Miami-Dade County" shall be a Proposer(s) who has an additional office, one other than corporate headquarters, having been established within the boundaries of the County of Miami-Dade at least six (6) months prior to the release of the RFP. 9. . Acknowledgment of Addenda and Respondent Information Forms (Section 6) "RFP Response Forms" (see check list). Any firm(s) involved in a joint venture in its Proposal will be evaluated individually, as each firm of the joint venture would have to stand on its own merits. Proposer(s) must clearly reflect in its Proposal, any Sub-Consultants proposed to be utilized, and provide for the sub-consultant the same information required of Consultant. The MPA retains the right to accept or reject any Sub-Consultants proposed. Throughout this RFP, the phrases "must" and "shaJl" will denote mandatory requirements. Any Proposer(s)'s proposed system that does not meet the mandatory requirements is subject to immediate disqualification. 14 When responding to this RFP, all Proposers shall adhere to the guidelines defined below. Any and all Responses that do not follow the prescribed format are subject to immediate disqualification. A. Completed Response forms, including all required forms included with this RFP. Refer to Checklist(s) for guidance on the information and documentation to be provided with Response. B. Copy of Current City Business Tax Receipt, where applicable C. Additional forms and Acknowledgments • Proposers shall complete and submit as part of its Proposal all of the following forms and/or documents: • 6.1 RFP Information Form • 6.2 Certificate of Authority • 6.3 Indemnification & Insurance Requirements • 6.4 Statement of No Bid/Response • 6.5 Debarment and Suspension Certificate • 6.6 Statement of Compliance with Ordinance 10032 • 6.7 Proposer's Qualification Statement • 6.8 Proof of current MIWBE Certification, if applicable • 6.9 Proof of Proposer's Occupational License • 6.10 Conflict of Interest, if applicable • 6.11 Acknowledgment of receipt of each addendum issued by MPA • 6.12 Complete Proposal, including all required documentation Licenses, etc. FAILURE TO SUBMIT ALL OF THE ABOVE REQUIRED DOCUMENTATION MAY DISQUALIFY PROPOSER. 4.5.2 RESPONSE FORMAT One (1) loose original, five (5) bound copies, and one (1) copy on CD·ROM in PDF format of your complete response to this RFP must be delivered to: Miami Parking Authority Procurement Department 40 NW 3rd Street, Suite #1103 Miami, Florida 33128 Responses must be clearly marked on the outside of the package referencing RFP NO. 14-06 PAY BY PHONE SERVICES. 15 Responses received after the date and time stated in the RFP will not be accepted and shall be returned unopened to Proposer. Responses received at any other location than the aforementioned or after the Proposal submission date and time shall be deemed non-responsive. Responses should be signed by an official authorized to bind the Proposer(s) to the provisions given in the Proposal. Responses are to remain valid for at least 180 days. Upon award of a Contract, the contents of the Proposal of the Successful Proposer(s) may be included as part of the Contract, at the MPA's discretion. Proposers must provide a response to each issue. Responses should be prepared in a concise manner with an emphasis on completeness and clarity. 4.6 CONTRACT TERMINATION FOR DEFAULT Termination for default is defined as notice to stop performance delivered by the Proposer(s} due to the Proposer's nonperformance or poor performance and the issue of performance was either not litigated due to inaction on the part of the Proposer(s); or litigated and determined that the Proposer(s) was in default. If the company has had a contract terminated for default in this period, submit full details including the other party's name, address, and the phone number. Present the company's position on the matter. MPA will evaluate the facts and may, at its sole discretion, reject the RFP on the grounds of its past experience. 4.7 CONTRACT LITIGATION/LEGAL PROCEEDINGS The Proposer(s) shall identify any pending lawsuits, past litigation relevant to subject matter of this RFP, providing a statement of any litigation or pending lawsuits that have been filed against the Proposer's company in the last five years. . If an action has been filed, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the Proposer's company, provide a statement to that effect. For joint venture or team Proposers, submit the requested information for each member of the joint venture or team. 4.8 CONTINUITY OF OPERATIONS/DISASTER RECOVERY PLAN Briefly describe the Proposer's method(s) for backing up the proposed solution and recovering in the event the proposed server or required client component becomes inoperable. This section provides MPA the understanding on how to rebuild, or in the event the service is covered under contractual agreement, the Proposer(s) would recover the solution from bare metal. 4.9, SOFTWARE SUBSCRIPTION, HOSTING SERVICES, SUPPORT AND MAINTENANCE AGREEMENTS Provide a copy of the following: 16 • Software Subscription • Hosting Services Agreement • Maintenance and Support Agreement • Third party Agreement, if applicable Note: MPA may consider use of said agreements; however MPA may negotiate otherwise. 4.10 PROJECT TEAM QUALIFICATIONS The Proposer(s) must submit information for the proposed project team members documenting their technical and management capabilities as required to support the implementation and support of the proposed solution. The Proposer(s) must include an organizational chart for the project, including any subcontracted team members. Comparable resources must be guaranteed throughout the course of the project. The Proposer(s) must specifically identify the team members who will be assigned to this project and provide the following information for each by role (Project Manager, Functional Leads, Technical Leads, etc.): • Length of service with Proposer(s). • Experience and responsibilities. • Relevant qualifications. • Education. • Other appropriate summary information. 4.11 SECURITY REQUIREMENTS The Successful Proposer(s) will comply with industry best practices for Information Security. After completing ATIACHMENT C -ASP (SaaS) SECURITY STANDARDS, MPA's Information Technology Office will evaluate the provider's ability to comply with Information Security in the areas of confidentially, integrity and availability. Please complete ATIACHMENT C -ASP (Sa as) SECURITY STANDARDS fully, but note that the IT Office will evaluate the information based on a number of factors, including protection commensurate with the type of data being hosted. 4.12 EXCEPTIONS TO THE RFP Proposers may take exceptions to the RFP, unless the RFP specifically states where exceptions are prohibited. All exceptions taken must be specific, and the Proposer must indicate clearly what alternative is being offered to allow the MPA a meaningful opportunity to evaluate and rank proposals, and the cost implications of the exception (if any). Exceptions to Attachment B, Parking Functional & Non- Functional Requirements are prohibited. 17 Where exceptions are taken, the MPA shall determine the acceptability of the proposed exceptions. The MPA may accept, modify or reject the exceptions. Where exceptions are rejected, the MPA may insist that the Proposer(s) furnish the services or goods described herein or negotiate a~ acceptable alternative. All exceptions shall be referenced by utilizing the corresponding section, paragraph and page number in this RFP. However, MPA is under no obligation to accept any exceptions. Proposers shall be deemed to have accepted all terms and conditions to which no exception complying with this section have been taken. 5. IMPLEMENTATIONITESTING/ACCEPTANCE 5.1 The Project Manager as designated by the Successful Proposer(s), in consultation with the MPA's Project Manager shall prepare a final implementation plan detailing the steps to set up, install, configure, test, provide training for and deliver the System. The plan shall serve as a guide for the overall implementation process. 5.2 A checklist will be provided by MPA for final acceptance of the system. 5.3 Maintenance and Support will begin upon the successful implementation and final acceptance by MPA of the system. 5.4 PROPOSED COMPENSATION/FEES All proposed fees shall be identified and set forth in the response (Attachment E & Attachment F). The Proposer(s) shall provide a schedule of rates, fees and charges. Please detail your fees to include: • Amount • Fees to set up and transition the plan • Communication and Education Fees • Service Center Fees • Trustee/custody Fees • Recordkeeping Fees • Administration Fees • All other fees (specify) TOTAL FEES FOR PROPOSAL 18 6.0. RFP RESPONSE FORMS CHECK LIST This checklist is provided to help you conform to all form/document requirements stipulated in this RFP and attached herein. . Submitted With Proeosal 6.1 RFP Information Form This form must be completed, signed, and returned with Proposal. YES 6.2 Certificate of Authority, to be completed, signed and returned with Proposal. Complete applicable form only. YES 6.2.1. Certificate of Authority (If Corporation) 6.2.2. Certificate of Authority (If Partnership) 6.2.3. Certificate of Authority (If Joint Venture) 6.2.4. Certificate of Authority (If Individual) 6.3 Indemnification & Insurance Requirements Acknowledgment of receipt of information on the insurance requirements for YES this RFP (must be signed) 6.4 Statement of No BidlResponse (if applicable) YES 6.5 Debarment and Suspension Certificate (must be signed) YES 6.6 Statement of Compliance with Ordinance 10032 (must be signed) YES 6.7 Proposer's Qualification Statment (must be signed) YES 6.8 Proof of Current MIWBE Certification (if applicable) See 3.6 of General Conditions YES Provide copy of registration. 6.9 Proof of current Business Tax Receipt Provide copy of registration. YES 6.10 Conflict of Interest, if applicable See 4.2.4 of Special Conditions of Proposed Agreement YES 6.11 Acknowledgment of receipt of each addendum issued by MPA, if applicable YES 6.12 Complete Proposal with all required documentation See 5.1 of Instructions for Submitting a Response YES 19 6.1. RFP INFORMATION FORM I certify that any and a" information contained in this RFP is true; and I further certify that this RFP is made without prior understanding, agreement, or connections with any corporation, firm or person submitting an RFP for the same materials, supplies, equipment, or services and is in a" respects fair and without collusion or fraud. I agree to abide by a" terms and conditions of the RFP, and certify that I am authorized to sign for the Proposer firm. Please print the following and sign your name: Firm's Name: ____________________ _ Principal Business Address: ________________ _ Telephone: ________ Fax: __________ _ E-mail address: _____ @. ___ _ Name: __________ _ Title: ___________ _ Authorized Signature: _______ _ 20 6.2.1 STATE OF COUNTY OF SS: CERTIFICATE OF AUTHORITY (IF CORPORATION) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of following resolution was duly passed and adopted: ______ , held on ______ , 20 __ , the "RESOLVED, that, as President of the Corporation, be arid is hereby authorized to execute the Proposal dated, _______ , 20__ ,to The Miami Parking Authority and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of ,20_. Secretary: _____ --'--__ (SEAL) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 21 6.2.2 STATE OF COUNTY OF SS: CERTIFICATE OF AUTHORITY (IF PARTNERSHIP) I HEREBY CERTIFY that a meeting of the Partners of the organized and existing under the laws of the State of __ ---'-_____ --', held on _____ , 20 __ , the following resolution was duly passed and adopted: "RESOLVED, that, _______ , as'--_______ of the Partnership, be and is hereby authorized to execute the Proposal dated, 20 __ , to The Miami Parking Authority and this· partnership and that their execution thereof, attested by the shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this __ day of _____ ,' 20_ Secretary: _________ _ (SEAL) FAILURE TO COMPLETE, SIGN AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 22 6.2.3 CERTIFICATE OF AUTHORITY (IF JOINT VENTURE) STATE OF SS: COUNTY OF I HEREBY CERTIFY that a meeting of the Principals of the organized and existing under the laws of the State of held on __________ " 20 , the following resolution was duly passed and adopted: "RESOLVED, that, ____________ as _______ of the Joint Venture be and is hereby authorized to execute the Proposal dated, 20_ , to The Miami Parking Authority official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this ____ , day of _______ , 20 __ . Secretary: _________ _ (SEAL) FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. 23 6.2.4 STATE OF COUNTY OF ) CERTIFICATE OF AUTHORITY (IF INDIVIDUAL) ) SS: ) I HEREBY CERTIFY that as an individual, ______________ _ (Name of Individual) _______ and as a d/b/a (doing business as) __________ _ (if applicable) __________ exist under the laws of the State of Florida. "RESOLVED, that, as an individual and/or d/b/a (if applicable), be and is hereby authorized to execute the Proposal dated, _-"-____ " 20 __ , to The Miami Parking Authority as an individual and/or d/b/a (if applicable) and that my execution thereof, attested by a Notary Public of the State, shall be the official act and deed of this attestation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of Notary Public this , day of _____ ,,20_. NOTARY PUBLIC: ______ _ Commission No.:, _______ _ I personally know the individual/do not know the individual (Please Circle) Driver's License # _______ _ (SEAL) FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. 24 6.3. INDEMNIFICATION AND INSURANCE INDEMNIFICATION Successful Proposer shall indemnify, defend and hold harmless the MPA, the City and their respective officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, cost, penalties, fines, damages, judgments or decrees, actions, debts, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property, contractual or business relations, proprietary or business interests arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by the Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, detault or negligence (whether active or passive) of Successful Proposer or its employees, agents, or subcontractors (collectively referred to as "Proposer"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent, or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them; or (ii) the failure of the Successful Proposer to conform to statutes, ordinances, resolutions, rules, or other regulations or requirements of any governmental authority, local, federal or state, conditions or requirements; or currently prevailing standards of care, normal protocols, and best practices in connection with the performance of the Agreement; or (iii) Successful Proposer further expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Proposer, or any of its subcontractors, as provided above, for which the Successful Proposer's liability to such employee or former employee would otherwise be limited to payments under State Workers' Compensation or similar laws; or (iv) a breach or a failure to comply with any terms and conditions of this Agreement, as amended, by the Proposer, including actions or omissions of Proposer's agents, representatives and assigns; or (v) any and all claims, and/or suits for labor and materials furnished by the Successful Proposer or utilized in the performance of the Agreement or otherwise. The foregoing indemnity shall also include liability imposed by any doctrine of strict liability; and the Successful Proposer shall hold harmless and indemnify the MPA and the City for any errors in the provision of services and for any fines which may result from the fault of the Successful Proposer These indemnifications shall survive the term or cancellation of this Agreement. In the event that any action or proceeding is brought against the City or MPA by reason of any such action, claim or demand, Successful Proposer shall, upon written notice from MPA, or the City Attorney, resist and defend such action or proceeding by counsel satisfactory to MPA and the City Attorney. The Successful Proposer shall furnish to MPA clo Procurement Department, 40 NW 3rd Street, Suite #1103 Miami, Florida 33128, Certificate(s) of Insurance prior to Agreement execution which indicate that insurance coverage has been obtained which meets the requirements as outlined below: 25 I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured Contractual Liability II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto $1,000,000 $ 2,000,000 $1,000,000 $1,000,000 Including Hired, Borrowed or Non-Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured "I. Worker's Compensation Limits of Liability Statutory-State of Florida Waiver of Subrogation IV. Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit V. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim General Aggregate Limit Deductible-not to exceed 10% 26 $1,000,000 $1,000,000 The MPA and the City is required to be named as additional insured. BINDERS ARE UNACCEPTABLE .. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the Successful Proposer. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and lor certificates of insurance are subject to review and verification by the City of Miami's Risk Management Department prior to insurance approval. Certificates will indicate no modification or change in insurance shall not be made without thirty (30) days written advance notice to the certificate holder. NOTE: MPA RFP NUMBER AND/OR TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the Successful Proposer of his liability and obligation under this section or under any other section of this Agreement. The Successful Proposer(s) shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Successful Proposer(s). -If insurance certificates are scheduled to expire during the contractual period, the Successful Proposer(s) shall be responsible for submitting new or renewed insurance certificates to the MPA at a minimum of ten (10) calendar days in advance of such expiration. -In the event that expired certificates are not replaced with new or renewed certificates which cover . the contractual period, the MPA shall: A) Suspend the Agreement until such time as the new or renewed certificates are received by the MPA in the manner prescribed in the RFP. B) The MPA may, at its sole discretion, terminate the Agreement for cause and seek re-procurement damages from the Successful Proposer in conjunction with the violation of the terms and conditions of the Contract. 27 The undersigned Proposer acknowledges that they have read the above information and agrees to comply with all the above MPA requirements. Proposer: _________ _ Signature: _______ _ (Company name) Date: Print Name: _______ _ FAILURE TO'COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE. 28 6.4 STATEMENT OF NO BID/RESPONSE NOTE: If you do not intend to submit a Proposal on this commodity or service, please return this form in the Bid envelope on or before Bid opening. Failure to respond either by submitting a bid or this completed form will be cause for removal from the vendor/Bidder's list. Miami Parking Authority Procurement Office 40 NW 3rd Street, Suite #1103 Miami, FL 33128 We, the undersigned, have declined to submit a Bid on your Bid No. RFP 14·06 PAY BY PHONE SERVICES for the following reasons: ___ Specifications too "tight", i.e., geared toward one brand or manufacturer only (explain below). ___ Insufficient time to respond to the Request for Proposal. __ We do not offer this product or service. __ Our schedule would not permit us to perform. ___ We are unable to meet specifications. ___ We are unable to meet bond requirements. ___ S,pecifications are unclear (explain below). __ We are unable to meet insurance requirements. __ Remove us from your Bidders' list for this commodity or service. __ Other (specify below). . RelJlarks: __________________________ _ We understand that if this statement is not completed and returned, our company may be deleted from the Miami Parking Authority Bidders' list for this commodity or service. Company Name: ___________ _ Signature: ___________ _ Title: ~ __________ _ Telephone: ___________ _ Date: ___________ _ 29 6.5. DEBARMENT AND SUSPENSION (a) Authority and requirement to debar and suspend: After reasonable notice to an actual or prospective contractual party, and after reasonable opportunity to such party to be heard, the Chief Executive Officer, after consultation with the Chief Procurement Officer, the City Attorney, shall have the authority to debar a contractual party for the causes listed below from consideration for award of MPA contracts. The debarment shall oe for a period of not fewer than three (3) years. The Chief Executive Officer shall also have the authority to suspend a contractor from consideration for award of MPA contracts if there is probable cause for debarment. Pending the debarment determination, the authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the Chief Executive Officer, the City Attorney, and the Board. (b) Causes for debarment or suspension include the following: 1. Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private agreement or subcontract, or incident to the performance of such agreement or subcontract; 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty; 3. Conviction under state or fed erii I antitrust statutes arising out of the submission of bids or Responses; 4. Violation of agreement provisions, which is regarded by the Chief Procurement Officer to be indicative of non-responsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of an agreement or to perform within the time limits provided in a contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension; 5. Debarment or suspension of the contractual party by any federal, state or other governmental entity; 6. False certification pursuant to paragraph (c) below; or 7. Any other cause judged by the Chief Executive Officer to be so serious and compelling as to affect the responsibility of the contractual party performing MPA contracts. 30 (c) Certification: All contracts for goods and services, sales, and leases by the MPA shall contain a certification that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b) (5). The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations set forth above, or debarred or suspended as set forth in paragraph (b) (5). Company name: _________ _ Signature: Date: FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM MAY DISQUALIFY YOUR RESPONSE 31 6.6. STATEMENT OF COMPLIANCE WITH ORDINANCE NO. 10032 Respondent certifies that (s)he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement." Respondent will complete and submit the following questions as part of the RFP. Violations of this Ordinance may be considered cause for annulment of an Agreement between the Successful Respondent(s) and the MPA. A. Do you expect to create new positions in your company in the event your company was awarded a Agreement by the MPA? ____ yes No B. In the event your answer to Question "A" is yes, how many new posi.tions would you create to perform this work? C. Please list below the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. 1) _____________________ _ 2) ____________________ _ 3) ____________________ _ 4) _____________________ _ 5) _____________________ _ 6)-::--_--:-________________ ~--- (Use additional sheets if necessary) FIRM/RESPONDENT'S NAME: ______________ _ SIGNATUREITITLE: ___________ _ DATE: __ -'-___ _ FAILURE TO COMPLETE, SIGN. AND RETURN THIS FORM MAY DISQUALIFY RESPONSE. 32 6.7 PROPOSER'S QUALIFICATION STATEMENT INSTRUCTIONS: This questionnaire is to be included with your Response. Do not leave any questions unanswered. When the question does not apply, write the word(s) "None", or "Not Applicable", as appropriate. Please print. COMPANY NAME: COMPANY OFFICERS: President ___________ _ Vice President _________ _ Secretary ___________ _ Treasurer __________ _ COMPANY OWNERSHIP: ___ % of ownership ___ % of ownership __ .,-% of ownership ___ % of ownership LICENSES: 1. County or Municipal Business Tax Receipt No., ________________ _ (attach copy with Bid) 2. Business Tax Receipt ______________________ _ 3. Business Tax Receipt Expiration Date: __________________ _ 4. Metro-Dade County Certificate of Competency No., _______________ _ (attached copy if requested in Bid or RFP) 5. Social Security or Federall.D. No. ___________________ _ 33 EXPERIENCE: 6. Number of Years your organization has been in business: _____________ _ 7. Number of Years experience BIDDER/PROPOSER (person, principal of firm, owner) has had in operation of the type required by the specifications of the Bid or RFP: ______________ _ 8. Number of Years experience BIDDER/PROPOSER (firm, corporation, proprietorship) has had in operation of the type required by the specifications of the Bid or RFP: _____________ _ FAILURE TO FULLY COMPLETE, AND RETURN THIS FORM SHALL DISQUALIFY YOUR BID. 34 6.8 CURRENT MIWBE CERTIFICATION (Attach proof of certification if applicable) INFORMATION SHEET MINORITYIWOMEN CLASSIFICATION AND PARTICIPATION 1. Indicate MINORITYIWOMEN CLASSIFICATION OF BUSINESS ENTERPRISE (Bidder): ( ) Black ( ) Hispanic ( ) Women ( ) Other (Non-Minority) 2. Detail MINORITYIWOMEN PARTICIPATION within your firm, or as it may apply to this bid, if awarded: A. JOINT VENTURE: Provide information regarding MinoritylWomen firm participating as such, and the extent of participation. Firm Name/Address Gender/Ethnicity % of Bid B. SUBCONTRACTORS: Provide information regarding MinoritylWomen firms which will be subcontractors for this Bid, and their extent of th~ work. Firm Name/Address Gender/Ethnicity % of Bid C. SUPPLIER: Provide detail regarding MinoritylWomen firms that will supply you with goods or services, and the extent. Firm Name/Address Gender/Ethnicity % of Bid 35 6.10 NO CONFLICT OF INTEREST, NON-COLLUSION CERTIFICATION Submitted this __ day of ________ " 2014. The undersigned, as Proposer/Respondent, declares that the only persons interested in this· RFP are named herein; that no other person has any interest in this RFP or in the Agreement to which this RFP pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good .faith, without collusion or fraud. The Proposer/Respondent agrees if this response/submission is accepted, to execute an appropriate MPA document for the purpose of establishing a formal contractual relationship between the Proposer/Respondent and the MPA, for the performance of all requirements to which the Response/submission pertains. The Proposer/Respondent states that this response is based upon the documents identified by the following number: Bid/RFP No. ___ _ The full names and residences of persons and firms interested in the foregoing bid/proposal, as principals, are as follows: Name Street Address City State Zip The Proposer/Respondent further certifies that this response/submission complies with Section 4(c) of the Charter of the City of Miami, Florida, that, to the best of its knowledge and belief, no Commissioner, Mayor, . or other officer or employee of the MPA has an interest directly or indirectly in the profits or emoluments of the Contract, job, work or service to which the response/submission pertains. SIGNATURE PRINTED NAME TITLE Company Name 36 7.0 RFP TIMETABLE AND EVALUATION/SELECTION PROCESS RFP Available to Public March 31, 2014 Letter of Intent to Respond March 31, 2014 @ 2:00 P.M. (EDT) Pre-bid Meeting April 23, 2014 @ time to be determined Deadline for Receipt of Questions April 25, 2014 @ 5:00 P.M. (EDT) Proposal Submission Deadline May 19, 2014 @ 10:00A.M. (EDT) Evaluation of Proposals June 2014 Recommendation to the Board of MPA June 2014 Agreement Award June 2014 Copies of this RFP package can be obtained by visiting, phoning or writing Miami Parking Authority 40 NW 3rd Street, Suite #1103 Miami, Florida 33128 telephone (305) 373-6789. The RFP is also available on MPA's website: www.miamiparking.com. There is no charge for the first copy of the solicitation package. A fee of $5.00 will be charged for each additional package requested by any person or entity. An additional $5.00 fee will be charged to mail the package. To request the RFP package through the United States Postal Service, mail your request with the following information: the RFP number and title, the name of the prospective Proposer's contact person, mailing address, telephone number and fi;lx number, along with a $5.00 check or money order made payable to Miami Parking Authority. Proposers who obtain copies of this Solicitation from sources other than the Authority risk the potential of not receiving addenda, since their names will not be included on the list of firms participating in the process for this particular Solicitation. Such Proposers are solely responsible for those risks. THE PROCEDURE FOR RESPONSE EVALUATION AND SELECTION IS AS FOLLOWS: 1. Request for Proposals issued. 2. Receipt of responses. 3. Opening and listing of all responses received. 4. A Certification Committee consisting of MPA staff and/or professionals will review each Submission for compliance with the Submission requirements of the RFP, including verifying that each submission includes all documents required. In addition, the Certification Committee will ascertain whether the provider is qualified to render the required services according to State regulations. 5. An Evaluation Committee, appointed by the Chief Executive Officer, shall meet to evaluate each certified response in accordance with the requirements of this RFP. The Committee may select a minimum of three (3) firms for each project deemed to be the most highly 37 qualified to perform the required service, unless fewer than three Proposals are received, to provide brief public presentations. 6. The Evaluation Committee shall forward its recommendation to the Chief Execu~ive Officer who will make a recommendation to the Board. EVALUATION CRITERIA Responses shall be evaluated based upon the following criteria and weight: Criteria Experience Client/Customer Service Support Reporting & Record Keeping Public Relations & Marketing Systems Capabilities . Fee & Expense References TOTAL OF 100 POSSIBLE POINTS Weight 15.0 20.0 15.0 15.0 15.0 15.0 5.0 7. After considering the recommendation(s) of the Evaluation Committee, the Chief Executive Officer shall recommend to the Board, the response or responses which the Chief Executive Officer deems to be in the best interest of the MPA. The Board shall consider the Chief Executive Officer's and the Evaluation Committees recommendation(s) and, if appropriate and required, approve the Chief Executive Officer's recommendation(s). The Board of Directors may also reject any or all responses. 38 Thomas F. Pepe -01-11-16 ATTACHMENT B Miami Parking Authority Contract Price 0.170 $ 0.220 $ 0.200 $ $ 0.10 $ .. " .":,',:, Page 5 of5 0.153 $ 0.203 $ 0.18 $ 0.10 $ 0.10 SUNDAY AUGUST 20 1017 MIAMIHERALD.cOM FROM PAGE 325£ CALENDAR Total Eclipse of the Heart taking place this Monday, August 21st at Buddha Shack Yoga in Coconut Grove. Brought to you by a band of bad ass babes, this free. community event will pro- vide you with all the tools necessary to inspire some serious spiritual change. With two major astrolog- ical events (a Solar Eclipse at 1:11 pm) and the second new moon in Leo at night --Monday is a powerful day (unlike any in dec- ades!) to harness that amp'd up energy from the universe~ The Eclipse in Leo is the perfect time to set goals and manifest on what you truly want out of life_ Bo- nus: Coming together as a community, gives your intentions that much more power. Pre-class, ban·ish bad vibes with a lunar-inspired crystal charging with Budd- ha Shack owner, Jenna Guadagni. You've got the hook up --crystal and moon kits will be available for purchase as part of Intuitive Gangsters soft launch. 7:30 -8 PM --Enjoy a free-flowing Moonlight vinyasa focused on open- ing your heart and con- necting to your intentions Post-class, empower your endorphin-fueled momentum with med- itations led by Jenna Gua- dagni and Allison Santini, chakra balancing by fash- ion blogger turned spiritual sage, Annie Vazquez (@TheFashionPoet I @An- nieTheAlchemist), and a sip and shop experience with complimentary Raw juce cocktails & new age apparel and goods by NUT- bana Boutique. Let's vibe, 305 Aug. 21 7 p.m.-9 p.m. Free Buddha Shack Yoga 3444 Main Hwy., Ste. #17, Miami. Tuesday, August 22 International Tuesdays at Gulfstream Park Gulf- stream Park is thrilled to announce the launch of International Tuesdays, an ongoing entertainment series featuring live music with gemes from around the world. Musical sensa- tion Benji Rafaeli will serve as resident musician and perform in Champions Plaza every Tuesday night. Beginning at 7 p.m., Rafaeli will sing songs in more than 10 different languages including English, Russian, Hebrew, French and Yid- dish providing endless variety for guests to enjoy. As part of the series, several Gulfstream Park restaurants will offer exclu- sive deals on International Tuesdays for patrons who mention "Gulfstream Park's International Tues- days" or pnisent a special certificate passport re- ceived from Champions Plaza during their visit. Participating restaurants and specials can be found at www.gulfstreampark- .com. Aug. 227 p.m.-9:30 p.m. Free Gulfstream Park Racing & Casino 901 S. Federal Hwy., Hallandale Beach. Town Square Boynton Beach Laborforce Job Fair Town Square Boynton Beach is seeking a labor (Skill ed and Unskilled) Workforce Join us for a Laborforce Job Fair on Tuesday, August 22, 2017 -3 P.M. -7 P.M. At the Carolyn Sims Center 225 NW 12th Avenue, Boynton Beach 33435 NEIGHBORS Register online at www.ChosenJob.com Build your Profile Log your work History Use the Resume Builder Town Square Boynton Beach is a 16-acre site in downtown Boynton Beach. The project includes the renovation of a historic Boynton Beach High School into a cultural cen- ter, residential and retail spaces, a hotel, public spaces, a garage, fIre sta- tion and a new city hall. The Boynton Beach Ciry LibrarywilI receive up- grades in association with the construction of a new city hall. We look forward to working with you on the Town Square Boynton Beach Project. Aug. 22 3 p.m.-7 p.m. Carolyn Sims Center 225 NW 12th Ave., Boynton Beach. Wednesday, August 23 9th Annual Women of Influence Cocktail Recep- tion to Feature Miami Heat Executive Kim Stone and Other Local Women Leaders Aug. 23 For nearly a decade, a committee of local influential women have organized the Women of Influence Cocktail Re- ception in support of the YWCA of Greater Miami- Dade. The event's present- ing sponsors are Ake=an, PWC, Steven Douglas and A.C. McCowan CPA, along with supporting sponsors Sapoznik Insurance, Mer- cedes Benz and Jali Cre- atives, LLC. This premier cocktail event benefits the YWCA's programs throughout the county. The event brings together hun- dreds of philanthropic women who have amassed professional and personal affluence throughout South Florida for an evening of networking, cocktails, conversation, and a panel· discussion around what it means to be a successful woman. This year's panel in- cludes: a€¢ Kim Stone, EVP Miami Heat, GM American Airlines Arena a€¢ Laura Berger, Lead- ership Expert, Media Per- sonality, and Author a€¢ Geraldine Schlueter, CIG, PetSupermarket a€¢ Esther Surujon, Chief Financial Officer, Memorial Physician Group, Memorial Healthcare Sys- tem Aug. 23 5:30 p.m.-8:30 p.m. $100 jungle Island 1111 Parrot Jungle Trail, Miaml. Blondie C Saga Live Show at Loud Vapor Hookah Lounge Come enjoy the latest music from your favorite hip hop, and pop artists Every Wednesday night from 7pm -lIpm Drink Specials All Night Hookah Specials All Night Across from Miami Dade College RSVP to be apart of our lfLive Studio Audience I: 10839 NW 27th Ave, Miami FL 33167 @Ioud_vapor @dagr8fm @blondiecantuc Hookah. Socialize. Enjoy the show & in studio give- aways Join The Party Aug. 23 7 p.m.-10 p.m. Free Loud Vapor Hookah Lounge 10839 NW 27th Ave., Mia- mi. Coconut Grove Run Com- munity Come join us for our weekly run at Kennedy Park! We run 3 miles (or walk) as a group encourag- ing each other to push ourselves and achieve new goals! We love coming together to have a great time and build lasting relationships! Join us for FREE! Aug. 2:> 6:30 p.m.-7:30 p.m. Free David Kennedy Park 2400 S. Bayshore Dr., Miami. Coconut Grove Run Com- munity Come join us for our weekly run at Kennedy Park! We run 3 miles (or walk) as a group encourag: ing each other to push oursdves and achieve new goals! We love coming together to have a great time and build lasting relationships! join us for FREE! Aug. 23 6:30 p.m.-7:30 p.m. Free David Kennedy Park 2400 S. Bayshore Dr., Miami. Thursday, August 24 Arc Broward Hosts Au- gust 24th Traveling Plate Dinner at WorkBar Arc Broward will continue their pop-up dinner series, Trav- eling Plate, in August with Chef David Peck of Box: of Chacos. Enjoy a Chef Peck's unique dining expe- rience while supporting culinary students with disabilities and other life· challenges. The menu includes dishes with a mix of flavors from all over \ 33SE Asia, blended with Chef David's take on Latin cui- sine. Wme pairings will be provided by Jackson Fam- ilyWmes. The Traveling Plate gives students of Arc Culinary the opportunity to work with l()cal chefs_ The reve- nue generated helps stu- dents with disabilities and other life challenges trans- form their lives and build new futures. Tickets for this event can be purchased at www.arc- broward.com/traveling- plate for $75 each. Arc Broward Since 1956, Arc Broward has worked hand· in-hand with the community to provide the encouragement and opportunities that . create life-challenging outcomes so that people with disabilities and other life challenges can live, SEE CALENDAR, 34SE (~I~l CITY OF SOUTH MIAMI COURTESY NOTICE NonCE IS HEREBY gi~cn that the City Con~sion of tile City of Soum :\llami. Fr.,rida will Clloduc[ Public Hc::uingl~J II.t it:; regular'C'ity CoulOti~ .. i()n nlCC1ing scheduled for Tue!:d;ty. Septell'lher 5, 2017. beginning It 7:00 p.m_ jn the Cil"! Commi.<;')i.on Ch:lmbcr.~. 6130 Sun.<ret Drive. to considct the followmg. itcm(s.): A Resolution autlltlri1jng: the City Managcr to oozgotiatc <lrld to enter into a [hrec 13} year agreement \Vjtb an opli(l1H~I~new [{It ooe ~dilj{\n!lJ t',I.'O (~) year..:. with Soutb Mi:lIui Youtl.l B3Sl'b:ill Leagul:' ('-S~·n13L"J fnr tl.Je m~lIagerucnt of 1be ccmce~'Sion stand at I?almer Park. A RI!SoJutlon :lUlborizing (he CilY M:utl,ger to n~otiatl! and to enll.>r WIO :llllree \3) year agrecmC1lt with on 0Illion-ta-rencw for one :lddirion:U two {:?oJ yeo.~ wil4. )·1jaaliBil~kctbllil.n~t. me. fl1r the nI:lnagcmcnl of ba~l..'ttb:lll s\.-,;.i~c~ at the (ji~on·.BeIh<"i Community Cenl~. A RCS!,)julton authorizing the CilY M~llagcL" to enler inlO n sole source rnulli-yc:n'" a;p-tcmtnt with GraniCtl:l. fnc., ftlr webca~tin~ thl: Ciry':-pubhc rncetin~:I; am! Gsonw~t"t. lJpgrade!> for P~k. Agenda manOlgemenl :md dosed cnptionin; j:er'oices. ') A Re:-u1urilJll autlwriz.ing tbl!' City Manager to en1er into 0\ multi-ye:tr agrc.:mcnt for Puy h)' Phone ~f"\'ic('~ WIth Poy py Plmnc Tedtnologies. Inc., ttu,lUgh II 'ggyb:lc.k agreemt'III from tbl! r>fiami Parking Authority. ALLjntcreMed partiC'~ arrin\"itedro arttndand will bt-hCiU"d. For further infomloliolt. plcn.c;c coutact the C'ily etc-fk':; OlUce al: ;05-66;-6,40. M"ill"ia M. Meneodez. CMC Glya~rk Purs\lllnt 10 Aoridll Slnflftt'o. 256.0105, In.: City hl.::cl:y nd"loi~ the pobli.·llrat if:t penon doddC')! Ie> nppe:!\ :111~ a.:d<Jon m~C' by this Bt~rd •• '\leflCY ~T C<muni~(i\"10 \lilh rt!~ 1(\ nny mlltrcr ("Dn:\idn-ctlm it~ rncning I'T bt"Zli~ he or:>he: wirl nl:t"tl:!. r«<ml oflhc r.1"\"'C~cdwp. lIDchh:\1 fllT:>ucb J'1Il"p!'$!:. :Iffc:':IC'J rt1":--nn m::J;t tlC:C'd 'n cn:-urc thtU1I "CJhlltim Tecon] oftht rm""eeUin~ i:,m:»C" ... ·hid Ti!C'OT"d indlldt!' the t.e::liml'n:r--:mJ e,·id:!.llC"e upI,n ... ·\llch the-.:tppeoll ... to he b~$td. MIAMI DAILY BUSINESS REVIEW published Daily except Saturday, Sunday and Legal Holidays ' Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI·DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review fII<la Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -SEPT 5,2017 in the XXXX Court, was published in said newspaper in the issues of 08/18/2017 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in, said Miami-Dade County, Florida' and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day (except Satunday, Sunday and , Legal Holidays) and has been entered as second class mail matter at the post'o'fflc\' in. Miami in said Miami -Dade County, Florida, for .a period. of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or coiporatlon any discount, rebate, commission or refund for th rpose of se ring this advertisement for MARIA MESA personally known to me