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14THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager Agenda Item NO.:lB 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 payment 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 of the 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 installation which is approximately $10,000 per pay station. 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 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. (,fi South~iami THE CITY OF PLEASANT LIVING consumer CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM $0.170 $0.200 $0.27 $0.153 $0.18 FUND & ACCOUNT: No cost to the City ATTACHMENTS: Resolution Piggyback Agreement with Pay by Phone Technologies • Cooperation and Services Agreement • RFP #14-06 • MPA Contract Prices $0.138 $0.16 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to enter into a multi-year 3 agreement for Pay-by-Phone services with Pay by Phone Technologies, 4 Inc., through a piggyback agreement from the Miami Parking Authority. 5 WHEREAS, the City provides the parking public with the latest state-of-the-art 6 technology in cell phone payment options for pay for parking spaces located within the 7 City; and 8 WHEREAS, the Miami Parking Authority (MPA) competitively issued Request for 9 Proposals, #RFP 14-06, for Pay-by-Phone services; and 10 WHEREAS, a Selection Committee for the MPA reviewed, scored and ranked 11 respondents to the RFP after oral presentations; and 12 13 WHEREAS, the Selection Committee scored Pay by Phone Technologies, Inc., as 14 the highest ranked respondent and the committee recommended that the contract be 15 awarded to Pay by Phone Technologies, Inc.; and 16 17 WHEREAS, the City desires to utilize the MPA agreement for Pay-by-Phone 18 services; and 19 20 WHEREAS, Pay by Phone Technologies, Inc., will provide services at the same 21 prices and terms as the MPA agreement; and 22 23 WHEREAS, the per transaction fee of .27 cents with text messaging notification 24 represents a reduction from the existing fee structure of .35 cents charged to Pay-by- 25 Phone customers, opting for text messaging, which represents approximately 96% of the 26 City's Pay-by-Phone customers, at no cost to the City. 27 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 28 THE CITY OF SOUTH MIAMI, FLORIDA; 29 Section 1. The City Manager is authorized to enter into a mUlti-year 30 agreement for Pay-by-Phone services with Pay by Phone Technologies, Inc., by through 31 a piggyback agreement from the Miami Parking Authority. A copy of the agreement is 32 attached. 33 Section 2. Severability. If any section, clause, sentence, or phrase of this 34 resolution is for any reason held invalid or unconstitutional by a court of competent 35 jurisdiction, this holding shall not affect the validity of the remaining portions of this 36 resolution. 37 Section 3. Effective Date: This resolution shall take effect immediately upon 38 enactment. Page lof2 1 PASSED AND ADOPTED this _ day of ,2017 2 3 ATTEST: APPROVED: 4 5 6 7 CITY CLERK MAYOR 8 9 10 COMMISSION VOTE: 11 READ AND APPROVED AS TO FORM, 12 LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard: 13 EXECUTION THEREOF Vice Mayor Welsh: 14 Commissioner Harris: 15 Commissioner Liebman: 16 CITY ATTORNEY Commissioner Edmond: Page 2 of2 AGREEMENT FOR PAY BY PHONE SERVICES TillS AGREEMENT ("Agreement") made and entered into this _ day of ___ -', 20_ by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City") and PaybyPhone Technologies, Inc., (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the contract for pay by phone services was competitively solicited by the Miami Parking Authority 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" was competitively solicited by the,MiamU!arkingiAuthoriW pursuant to RFP #14·06, and, after completing a competitive bidding process;1Wafui -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'Authorig'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 ,MiamiParkingAuthoritv: 2. The City has reviewed the contract and agrees to the terIils 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 and/or 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 he made by or on behalf of the.Miami Parking AuthoriW pursuant to the Contract Documents shall he 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 Pagel of 5 contrary, this 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 Agreement. 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 Authorit¥;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. (j, GFaat FUBdiBg: This prejeet is heiBg Rmeee ~ aaQ CeB:l:l'8etor agrees to eomply with aU tlie FeEJ1iifemeats of that Great, awlieahle to the eelivery of tlie gooes aaQ sOPliees that 8fe the slibjeet oftms A.greement, aBEl that Bfe witIHB its po~'er to PfO"r.iae aBEl to pr9'liee aU the eoeameBtatieB 'ff'ithiB its eOBtFel that is reE)t1ifeEl fer t4ie City to lJe able to reeO'lef the eOBtFaet prise fJIili'SB8H1: to the teflas of the great. A eopr ef the graBt is Mtlltlftee hereto aBd: lBll60 a I'm liereoflJy fefeFeaeo. 7) Public Records: CONTRACTOR and all of its subcontractors are required to comply ~th the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incolporate 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 and 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 duplicate 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 TmS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mall: mmenendez@southmiamitl.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-Ol-1l-16 Page2of5 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'FeesandCosts: IIi the event of anY litigation between the parties arising out of or relating in any way to this Agreementor abreaohthereot 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 feesincWl'ed in the defense of anacnon by a person or entity who is not a party to this Agreement. 10. Severability: If any term or provisionoftbis Agreement or the. application thereof.to anypersonorcircumstanceshall,to any extent, be invalid or unenforceable, the remail1.der oftbisAgreement, or the application of such term or provision to persons or circumstances othetthantboseto wbichitis held invalid oruneJlforceable,shall nothe affected thereby and each tennand provision of this Agreement shaIlbeNalid and enforceable to the tUlles! extentpemntted by law~ til. Conmct of Document In the event of any confllctorambiguity between the Contract DOCUIIlents.tUid·tbls Agreetne.nt~ this Agreement:sliall.prevail and take. precedence. IN WlTNESSWBEREO:F1 and as the dUly. authorized act of the. parties, the undersigned representatives of the parties .hereto 'have· c~Usedthisinstrument to·be sighed in their respective names by their properotlicials.onor before the day ttnd year first above written. ,Technologies, Inc.: .. ~ ....... : .. : ----. ~/ .---------,.jf'.¥, .. =\:-. --.[) ATTEST: CITY OF SOUTH MIAMI By:~~~ ______________ ~ Maria M. Menendez, CMC By.~. ______ ~ __ ~ ____ __ Steven Alexander City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof. By:-,--.. ~_'_~~_._~ __ Thomas F. Pepe City Attorney Thomas F. Pepe-Ol-11-16 Page 3 of5 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 llillilfii b h I:: pay yp one COOPERATION AND SERVICE AGREEMENT Tbis CooperatiQn: alid SetviceAgteement (the "Agre~mefit';) lsenteted int() as ofNovein1?et ~l!b'~014 be&een PayByPhoneTechnolOgies Inc •• a developer ofenhancedmobUe commerce. solutionsl aBritish Columbia corporation with its principal PlilC() Qf btisjnes.~ at #40:3 ~ ~8(l llamilton, Street. V~~¢Q:u:vet, ~:dti.sh Columbil!; Cf$Rda. ("Pay$yPhone") and 'City of Miami Department of Off"StreetParkingalkla Miami Parking Authority! an agency and instrumentality of the City QfMianliiocateclat40NW 3rd Sh:eet,Miami, F!Qricla33128 ("MrA" Or "Clienf'); REClr1\L~ For andm consideration of the mutual promises and covenants set forth herein and other good and valuable, c()jU)idetl\ti9n, PayByPhQl:1e ·sJudlp,:<>Vide·wttele.ssIlPpUcaticlIl$ to ~Wi@.ce th<: piLymelitptQQess·for Pat19MiLt Par~g faqitities.@dwetetedpai-knrg StaUS dWlled andJorman:aged bydiientEayBYPhonemobilec()ll11li~~ce solutions will als.o provide, Client with a lnllnagemenfihfoWat1.onsystem; inclu4ingreal-tinte operation aM ttiltlllMtf4l;i.repQl1s. Secti()b.:l lNC()i(PQR..ATIQNOF'SOPCltAT10NA,Ni) RESPQNSE;'CONtROttlNG ))QCQMENt Th(jPa:rtie~hc;:rCilQyjncphtQt:f1te ~e s()liQitat~()n, allflddei:i.c:l~ ("J,U'l1")~dJ>,ayeYPbob.e' ste:flI!Ql)$e allf aU :Mly !let fotthhel,'ein: f11,1d a P\Uivf this Agteement. In the·eveht of any 'confilcfbetween the RFP, PayByph.one's.l'esponse and thisAweement~ the.RFP:!lhall conft'olJ followed.hy this Am-een1entand endin:g withPaYB:y'Ph6Ile'sr~pons~ . . ,secQ.Qll 2. lIm rt\.Y:BY'p~ONEMoBII.E PA;Yl\fENT :P4ATF0JU\1 ~APPLtCATI()NS 2.1 PAY:B¥PllONJ!JMO~ILJ!JPAYM)i:NT ~J.»LJPA'IlQN PayBy:PhQne agrees to utffizefuePayByPhone mobiiepaymentservice for use at CHentls managed and owned parking facilities as agreed upon by PayByPhone. and Client,. to allow fo:r con~umers to p~y for the uSe. of those facUiJies tliro\!ghpet$ot:ial wireless devices (e,g'i cellular telephones) ol'o1herwitel¢i;s s:ystem.s; 2~2 :Pt\YBYP~ONE l\1ANAGEMENT IN'FO;tlMATION SYSTEM PII-yByPhonewill Clperate and lllallflge a software applil?ation for Client that wiliprovide near:real time infottnation and,manll,gement reports on the transa.ctionsconducted utilizing the Pay By phone Parking Pflyment Application (the "M~nag¢meb.t In{orlnlltip.11 f3yst~m"). PaXByPhoqe will b,ost the M&Jiflg~fileti~ IQformationSYfltem on its network CHent will access the Management .In£()rmation Systemtbtougha browser-based program installed on Client's Qomputer hardwar~. 2.3 COMPUTER, NETWORI(ING ANI) TEIJECOMMUNJCA'fJON SYSTEMS l'ay:syPlione Will own or possess, Md will opetateand maintiim,iiU computet Ilnd networ!9tig hatdwareartdsoftware and data (collectiveiy."computet information')required to.opel'atethe PayByPhone mobi1epaymentservices' service as conter11plat~d, in this Agre¢ment, other than CUent's e)(I$ting qortlputet ilnd teleQommtih~C!ltiQi1s systems. PayByPhone' sShall be solely respoIis!ble fonhe security of any complltel' iilf'ortrtation.stot'ed. on its system. 2.4 MO)JILEl AYMENl.' ~ERVICEENFORC.El\1ENT C1ientagrees to supply Wireless DeVIces to employees in the fieldtopl'Ovide.reaI time conftrmation ofvalidly parked vehicles. 2.5 REpORTS PayByPhone will provide Client with a set of stllndard reports in the self-serve PayByFhone Service Management Interface System, Any changes or customizatiorts to the standard set of reports will be subject to then~current PayByPhoneProfessional Services fees. See Appendix B.forsalliple tate.S. PflyHyPhone 11403 -I] (lB lJamillorJ Slre~l Vl\IlCOllVer, Be V6J3 2S2 Section 3 FEES AM> PAYMEN'l'S 3.1 PRICING AND PAYMENT Cli,ey.tligree$ ~(j pay thefe.es, ~~ oll,t1ill~dinApp~Mix A. Allllw,OlP1ts p~~J;le: hereJltl<ier ~e exclusive.orany and all taxes; including taxes applicable on fees paid,pythe i:lon$i.uliet;and Cliebd$te$poll~i~lHor payment OfSllCh taxes. AU prices lit¢sJated, aqdC.1i~ntshal1pay. in US dollars. Payment is due, within.30 days of invoicing. 3 .• 2' l.V-l:ERCllAN'r ACC()UNT Meicharttac¢oun~ refers t()¢lie:~t;s we:rcha)1t l:1.,!COlltJ.t, ~etllPWitli q1jent's a9q)ti:ring bafik.paYllyPhoM willco:Vi:}T the cost of linking one (1) Client m.erdrantaccount with PaiByPhone1sg11tewayprovider. Clientagrees to cover the cost of.merchi¢t aCQ01.l11t updates incltidingllll third patty feesaiidthen-emre.i1( :P!~yByPho1l,e' Ptofessionil1$(ltviees fees; See. AppendixB for sampletatesi ' 3.3.' TRANSAcriQNtESrlNG PayByPhonereserves thellght to execute test transactions from time to time toeusl,lre:top performance .ofthesystem alid accoUilt: PayBYPhoJ).emay ex;ecute.u:p> to tell (10) testtiMsactitms petrli.<:mtnwithoJ,it adjil$t,ing th¢ ,QlientinvQiqe. 3,04 TIIIJ.WPM{Tl.'Jl'TtEGllA1'IQN In theevertt systeill(iha}:i.g~~ (sueh aSllpgrades) QY ~ thitd·Party iPlp~ct th~ rayi}yPliQrteii1t~gfation With'Co,npan,y sub-systems,such as enforcement, Client awees to cover 'anYP.ayByPhone development costs, required to maintain iiltegtatiori .. P.ayByPhone. will riotifyCll:eilt,'in ~dvitrt6e, Qfa,n,y.SUllll infegtatipn coststha,~ equid bt) ,'a&ded. S.~cti6n4 MARKEtING"PROMOTION AND USEREbUCATiON. 4~1 SIGNAGE: Clien,tagtee& to prQ:v.'ides~gnage apd~deq1.Jate space forPayByPhone signageat ellchpadcing faciliti at :which the Pl'lyByfhonemobile payment$etvicesservibeisto beavalIable, witlj.sigd size!Utd pla,QemenHci betnu:tual1y agreed byPayByPhone and Client Client a~rees that signs :wi11be: hung'andlor located near payment macllil1es at parking facilities ena,bl¢d with thePayByPh.olle mobile pa,yillel).t set\!i«eS service~ Client will provic::!ei;ill c::!ecals atiq sjgns required.forimplementatioil. Client agrees tosilpply a1lfutute decals and signageiincludingnew locations; Client agrees to [i;)lPPb' l'eplacement decals Whlcl1 may be req9ired in the future .. PayByPhone will provide the first round or signage at CHenes location offering PayByPhoneas mobile payment seiViceproviqer. PayByPholle:will :Pl'o'Videoile sign top~·locatedat ~ac_hp!\.y~tation. pl'l:ls one atea¢h lev~l of the parking structure without apaystatioll. Additiona1ly~ one decalwHl be plaged oneJlQhpaystation.an:c1/or meter; 4.2 MARIillTINGEVENTS PayByPhohe ~y (iondilct on-sitetUatketingevents. and camprug!ls for the se1vice, wherebYPllyByPhone will itUorm parking lot consumers of the availability of the PayByPhOrie mobile payment services as welf as any promotions available, With ~e knowll)dge and approval arGUent :which lsnot to be reasonably withheld. 4.3 CLlENTTRAmlING PayByPhonewili provideinitial tJ;ainil.lg.tp Client 'Using a "Tr.ain the Trainer" model o~ the self-served P!lyByPho~e Servic.e Management Interface (SMi). The said CHentTramer will, at its own expense, train its staff and employees, iticIQdingpati'olIel's, toopel'aJe the mobile payment selvices.and related applications and technology. Additional training sessions are available afthe then cntrent professional serVices rates. See Appendix:B for sample rates .. SectionS PROTECTION OF INTELLlllCTUAL PROPERTY RIGHTS Page 20fS Th~ parties shall cooperate with eacll other inprotectit;lg their respective tradenrunes, desig!1~; trademarks and o$er similar intellectual property rigbtsfrom I.JD!\uthorizeduse. Sectiop. 6 TERM ANDTERIWNATION 6.1 TEJll\.fA~D~NEWAL This Agreement shall enter into force for a p'eriod of three (3) consecutive years froin the date signed 'uh1esseattiet tenninated, in aC\cQ.tdance With thi.s Section 6. The contract sb,all beallctomatically telleWed iitiliually on the anniversary of' tM ~etminatioh ~late alJove uplesseither party gives the other party at least ninety .(90) days. prior written nonce of its intent nottorenewthe Agreement. 6;2 TERMINATION , Should a pi¢Yb.reach a material t¢rrn:·an:d such bteachr¢mail1s uncorrected for tbilty(~()) dilY~ after receipt of a Wl:lttennoticeby the~l'eil,chiilgpattYi the non.breacbirtg:panyfuay, in MditiQU toal1othel' t()tnt::c/ies !(vaUa1>le'atlaw, tenninate this Agreement by providing'written notice to the breaching party, withoutfutthet obligation provided, hQwever, thatifthe patqr~ oHM breach is such tl1atif QaWlofbereasoiiably cqredwitbi!ls:Ilph thirty OQ)d~yperiod, the breac1ili1~party wiUnot he deemed iii defaliltoftrus Agteement so iong as >suchparty'cotnhiences efforts fb.eff'ect fL,'ctiie fIDd.isdUigf;liltlyp'l.lr$~g!!qch eff9li~;'rr()vided, fiJrther. thatd.:Fthebreach is asa result ofthen.on~payrnentof any fee;the'n()il~bfeachfug pl\t:tYmaY tet~a:~~ tllis Agreeri,1ent if ~1lCh~feiJcl:ttefu~ins ~QPrtect~d '£Qtten (l(»)i.lays after, the breaching p~'s receiPt of nonce. of such breach~ Within thiqy (30) days after the. termmation of ·this, Agreement.. Section 7 REPRESENTAtioNS ANDW AKRAN'I'.tEs '7.1 MUTUAL REPRESENTATIONS·AND W M.UMNTIE$ Each~artyrepresents and warrants to the other that: D ithas the full corpprateright \'Ind authority; !lnd Poss()sses all licen,Ses, permits,a-uth()r~alions and rigllts to mtellettuil property, necessary to enter into and perl"otnl tliis Agreement;. it) its. entry into and perl'ormanceof'thisAgre.ementdo notand will not conflict witbor result ina breach orviQlation of any Jigr6eQieri{ of order by which it,isb,91.l1ic1: and iii) this Agreement constitutes its legal, valid and binding obligations ertfotcei\ble againstit in accordance withtheterrils ofthis Agreement. Section 8 DISCLAIMER, INDEMNIFICATION A.l'1DLI1VIlTATION OFL.IA8ILITY 8.1 DJSc:LAOOR EXCEPT AS EXPRESSLY SEt FOltTH: IN THIS AGREEMENT, PAYBYPHOlq'E DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS~ ANY REPRESENTATIoNS OR WARRANTIES, EXPRESS OR .IMPLIED,REGJ\tllINO T$1.'4YIWPHONE M013ILE PA.YMEN'l' ::;ER:VICE:) INC:L11DING ANY IMPLIED WARRANT1ES OF tiTLE, MERCHANTABILITY, FiTNESS FOR A PARTICULAR PURPOSE OR NON- INl'1UN:GEMENT. CLIENT ACJ{NOWLEDGES THAT TlIE PAYBYJ.lH:ONE MOBILE PAYMENT SERVICES AND SERVICES FURNISHED BY PAYBYPHONE UNDER TIDS .AGREEMENT (INCLlJDING, WI'm:oUT LIMITAtION, ANY SERVERS OR OTHER HARDWARE, SOFTW AItE, APPLICATIONS AN]) ANY OTHER ITEMS lISEP OR PROVIDED BY:pAYBYPHONE OR ANY THIRD PARTIES .IN COm-rnCTION WIT:S: PROVIDING ACCESS TO OR HOSTING ANY OF TIIE FOREGOING OR THE PERFORMANCE OF ANY SERVICES. BY l.'AYBYFIIONE UNDER rms AGREEMENT) ARE PROVIDED BY PAYB\'PHONE "AS IS". 8.2 IN])EMNlF1CATlON Subject to Section 93, PayByPhone will protect, defend, in:deIUnifY alld hold hannltlss the Client I!nd the City of Miami its officers, employees, volunteers, and agents from and any against any and all third party claims, actions, Page 3 of8 losses, penalties,fines, damages, settlements,judgments, claims! costs,charges"expenses, ,or liabffities,includiQg any award ohttol'1l~y fee,s and apy award of costs, (collectivelY, "Losses") :f~ultjng fr91l:l0rari$ing outofPayByPhone!s breach of any representation, warrantY set forth in this .,AgreeIhent. The prflvislolJ.Siliid oJ>Ug4djjns flf tlus se~ti!in shall survive the exp,irationof earlier termination of tIllS AgreemenUor a period nO greater thali the date of tel'ifiuul.tlon of. t,he or,iginaJ 1.l'~;e~lllenJaJld shan onl.yapplY to eyellts Uuit took p13¢e dltl'jng tlie, tetJllo.f: tbls agreement. In ,the event the Parties are,n6tifiedoftheexistenceofanycbveredLosses,ilie Partiesshl\l1 agree, upon I,lmut\Jal!YsaJisf\lctoty lO,call'lttorney to defend,tlleClienfas h(:!CesslUy. 8;3 LlMITAT{ON OJ,i' LIAlJILITY IN NO EYm-tr ~liALL ANY PAL~,T'y B,E LIABLE 1;10R C.ONSEQlJEf:l'T~.aPECIA;L,lNDJRECT OR INCIDENTAL DAMAGES, INCLUDING. BUT NOt tOOTED TO ANYrJAMAGESltESULtINGFROMtosS OF U8:ijORPROFITS ARISING Ol,JTOF QIUNGQ:NNECTIOlll WITJlT1:lISAGRaElYIENT; w.aE1'IJER,lN M ACtlON BASED ONCONTRACr, TORY (~CLtID1NGNEGLIGENCE).{jR ANY OtHER LEGALTHEQR,y, EVEJ)ifIF 'l'HEPARTY lIAS BEEN APVrSED OF'rHE'PQSSIBlLJTY OFSUCRDAMAGES. 8.4 P~QNG1lAT:ES Cllell,t. wilJ. b~givejia¢c¢ss to confii1n the· p~i:l<ing tat¢s, at each lqoati()il via tM: 1;'ayByP)1Qn,e b~Q:k' Qfijce syst~ttJ.. PayByPhone ·will make. every attempt atensuring the· rates. are conflg!lre.d correctlY;.u'pOil dompletiol1 of eac:hlocntion se~p; it IS tile Client's tellPofis.ibility tQe)l$uie all rates lire ci>nflgutedc;prre~tly. Failing to do sQ.sJiallexclude PayI3yPhoneIromanyli~bi1ity. Client shal1prbvide P~yBY:rhbfiewith suffici~nt notice o~ $5' riltes chaMe dll1irtg PayByPhone standardbusine.sshours. Sectioll9 CONFIDE1\rriALI1y Subject to the provisibns of Chapter 119, Florida Statutes (2014),. neither party will disclose the ,other partyl.S conijden,t1!ll orproprieta:ry itifQrniJltiQ~ (including. Uris Agreemeiit 1P14 any informationpl'ovided by the Qtherparty fuat.is.confiden.tiaUy maiiltaltledor proprietary orwhichdetives value frbm not bei:!)g. generaI1yknownto pers()l'ls'who can. obtain economic value from its disclosure.or use ) except: i) with tM other PIlJ,iy's 'consent; ii) to.elllp10yees, agentsandcontractotswhohave a:nee4to knoW in the disQharge ofthei~ d\JtiC$ and who ares\Jbject to a contractual obligation to keep such information confidentialthatis at least aHestrictive as this Agreement; ill) when requited to do so by law or by any binding rule,order or request. Each party shall exercise reasonable commercial care inprotecting the confidentiality oftheother party's confidential iilfbrm~tion disclosed to it. The patties agree th~t .all actual or threatened .breach or this provision would result in. irreparablehann to the party whose confidential information would be disclosed in breach, and sh~I1 'entitle that partY to temporary 01' perhlan,ent ip.j1:incdve reliefwithollt proof of acmal damages. Fbr purposes of.this·Section 10., the parties agree that confi<l¢ntial Of propriet!lty infonnation does nQt inclllde8JlY information that is (a) already known to the receiving party at the time of dis.closure hereunder (other than;from the other party hereto) as demonstrated by its written records; (b) now or hereafter becollies Pl1blicly knoWA other than through acts or omissions of the receiving party. or anyone to whom the receiving party disclosed such information; (0) disclosed to thefeceiving party, by!!. third patty, uiider no obligation of confidentiality to the disc10sing.party or any otherpa:rty; or (d)independentlydeveioped by the receivingpartywithQutte1iance on the confidential information of the disclosing party as shown by its written records. Section 10 MISCELLANEOUS 10.1 ASSIGNMENT Pllge4 of8 This. Agreelllentshall be binding on thep,arties, their successors. and their pennittedassigns. Neither llarty may assign its rights or obligati911S 1,mderthis.Agreeroent withollt the writteli cQuseht ()ftheollier. 10.2 N'O,AGENGY Ea()hparty',in an ilultters rei.at~g to this Agteeweiit,will act as an independent contractor and independent elllployets. ExcePt as. otherwise' expressly,setforthherein,neither party w11lhaveauthority and will not represent that ithasany authotityto asstlirle Qr crel!tQ anyol:lligation., expre~sotitQpIied, oll, behalfbftl,ie oth¢r, ortQ reptese~itthi:! other as an agent, employeeorin·any,other capacity~ Nelthing in this Agreement shall be construed to have .established any age~lQy,joint:ventiIre Cir parmershiP. between the Parties. Neither patty shall make'any wru;hirifies oi'repre!!entatio11f! on behalfbfthe othefparty~ 10.3QQVERNlNGLAW This A81'eement, .and all matters relating, hereto, shall begovemed in all respects by the laws of State. ot'Florida, exchlding. the application Of flnycqiiflict of laWs. prinQiples and/or rules. The parties hertlPyagree that all disputes acisingoutolthis'Agteementsha1l he.subjectto the ex¢ltl~ivejurisdi¢tion of and yenue in thecompeteht courts locateq in Miami DadeCouuty Florida.and consent to ,the. personal and e~dlusive jurisdiction and venue of these courts. 10.4 SEYEIWJlttl'V hi the evenJ tlia,t aliY p~QVisi()h oftbjs Agreem~n.t s'hallbeu.nenfof9¢ab.le or: ilival~Q 'Under ap.yapplicaple Iii'\\' orbc:') sQ held by"applicable cbuitdecisio~ such Ulielifotceabllity .0rihvalidityshaJ1 not render thi~ Agp~emehtiln.enforCI:l~ble Qr: invalid as a whole; and, in"auQh'event, sijch provi!!ionshall be changed 'and interpreted so as to best accomplish the obJeptives 6fSQqh unenfotc¢abfe orinvfl!i4 proVisiQn wi~ the ltmit~ofappIicabl~·lawotappli.cab)eqour,tdecisiel:Qs.~ 10;5 ~TTP~¥'S ~li;E~ Iil anyleg!ilproceedingbetween the parties, thepartiesshi!lll:letesponsiblefortheit own attorney's fees andex,J;let\ses. 10,6 FOR~.Il:M!\JEU.aE ffJlerfonnancehereunderis prevented, restricted or interfered with by any act or condition whatsoever beyond. the reasonable conq6lQ£ a PI'IWJ the Pliny soaffe()ted, upon giving prompt notice to the other party, shall beeJ(cused from .such perfotmanceto the ex.tent of such P1'evention, rl:lstriction or interference. 10n . ENTlREAGREE.\\mNT This A,greement~together with the Appendix attached to it,. constitutes the entire agreement between the parties with respect to the!!1.Jpject !hatter hereof. T11.is. Ag(eement supersedes, and the terms of this Agreement govern, any prior agreements with respect tel the s1.Jbjecthlatter hereof. this l\gteemerttmay rtot be tnocijfied! lImendedor anyptDvision waived except bythl:lparties' mutual written agreement. 10.8 NoWAIVER Failme'byei.therpartyto enforceanyprQvisiQn oftllisAgreement (whether in any one or more instance) shall not be deemed a. waiVet of future enfotcement ofiliat ot any othet provision. 10.9 NOTICE Any notices hereunder provided to PayBYPhone shall be given at the address specified belelw or at such other address !IS P!lyB yPhone speqifiel'l in writing. Any notices hereulider provided to Client shall be given !ltthfl address specified below 01' at such other ll.ddress asCljent speCiflesirt wtitittg. Any notit:e or other communicatiort 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 StlCA hOtice was w,ailtld by certified mail, post!lgtl prepaid!lnd tetum receiptteqllested, addressed to the other party at the address set£orth above, or such other address as either party may designate by giving, written notice to the other; or (c).on the date of receipt wheli such nptice W!lS sent by facsimile 01' e~nlail to the other party; provided the sending party receives a written 01' eiectronic notice of receipt from the other patty of the· facsimile of e- mail. 10.10 COUNTERPARTS Page50fS IlUs Agrt:eltie~t ~ay he~x~clited ill qne qt niol"e counterparts, each of whichshaU be deemed an original and all of which shaUbiftaken together and deemed tolkone instrument. The parties furtl1er·agree tPllt a signature transmitted via fac~imUe shall be deemed original for all purpos~s hereunder. 10.11 CAPTIONS Th~ caPti911slis~din. tbt$Agl'eement ·are· f'(>toblivetrleiice· olilyand. shall not affect in . aIlY way the meCJnmgor interpretation of the pro vis 1011 se~forth herein:. . . 10.12: TRADEMARKS~TRADE'NAMEs, LOGOS Exceptasexpt~~slYi>rovided in this Agr~ementi no trademark, ·trade.name; logo, trade dresS, copyright or license theteWi PJ; 91iu;~tjiJ.tt:iJ.e.ctualpropertYijghJs(coIiectively,. "~tellectual prQpeny';).are conveyed by tljisAgteeltieiJ,t. Eachpatty.r~serves the ri~lit to approve in advance the USe onts Intellectual Properly hytheother paity·in'each and eyeWm~flince. Ailfutell~ctual PrPPe&oW!1t:dhyeith¢tpart)rshiJl1temain th(l exclilsi've P:n>pertY Qfsuchp!UiYand shall.be returned to such paiiYpromptlyaRet the expiration ofthls Agreement. HU3, AGREEMENT APP:R(WAL Ea.chpartyherehyrepresents and warrants thatal1necessarycorporate and/or governmental aV1?rovals for this Agre~itJ:eptMv~.'~een·Qbtaii:lI::d, AAd1li~ persPtiwhose sigilatur~ appears below 438 th~'lI.uthQtitYi1¢9~S:S!lry tq·exe(}u~e this Agreern:ent.onbehalro'ftheparty indicated; 10.14 SoPm~TtCATJ:ON.OF'f:A~'.tIES E!lchpartY'lo·.this,Agfeem~ntrepreaentsthat it is a sophisticated commercial,partycapable of understanding· all of the tel:ms'ofthisA,gr~,(:fu:ent, thilt it ha.~11i!4!in Q}>poootY tQ r~vieW' this Agre~~ep.t WitlI itscoutls¢I,lUldtlult ifc::ntera this Aweement with full ~owledg;e otfhetermsoflhe agreement. 10~15CLIEN'l"S CONJ)UCTOF BuSiNESS TilRO·UGH'.AFFILiATES l'he pfirti~sacknowledg(: that Clienbnay carry out ikbusiness'through affiliates. Clientagreest.o caUSe its affiliates t() takesucll actioll$ arid to execute suph dOCJim.erit!,!a~r rni,ly be i:~a!lOil!lbly requited to· giVe ~irectto. this Agreemelitll.s though references·to Client in this.Agre:ementwere references to Client and those of -its .affiliates through which it cartie:s. on thebusine~s6f ownmgand opeta,t;l1g Pilrlciilg faciliti~. 10.16 J,lUBLIc:RECORDS PayByPhone understands that the public shall have access, at ali reasonable times, to aU.documentsandin£ormation peqail;lhtg tq .MP A COlin-acts; subject to thep':J:'ovisioJ\s ·bf chapter .119, Florida Statu,tes, and agrees tpaUow access by MP A and the public to all documents subject to· disclosure under applicable law. PayByPholle i s failure or refusal to comph' with the pi'Qyi$iQns of this. SectiorishaU result in MPA's im.tnediatecancellatiou of this Agreement. Pay:ByPhone aQknoWledges that flUs termination is not subject to I,}\lte provIsions contained elsewhere in this Agreement. PaY By Phone shall additionally comply with the provisions of Section 119.0701; Florida Statutes, entitled "Coil.ti'iJ,cts; pUQlictecol'dS"~'as may be applicable, whic4 statuteis deemed as being incorpo:J:'ated by.reference herein. [SIGNATURES TO FOLLOW ON THE NEXT PAGE] Page6o£8 IN WITNESS WIJEREOF; the parties hl\ve caused 'this Agreement to b.e executed by their· c:llity authorised representatives. ATTEST: A'I'TEST: APPROV13DAS TO FORM AND CORRECTNESS: ViQtot:ia Mendez City Attorney Notice Address 40 NW 3rd Street #1103 Miami, FL 33128 C$NT= 4w ~ ..... Arthur NoriegatJv.lPA Chief Execu.tive o.fficer Notice Address: #4()3~ 1168 Hamilton St Vancouver, British Columbia, Canada Page 7of8 APPENDIX A RFP·ResponseFtompaYByphorte i \ Page S ofS 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 SUBMITIING 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 Northwest Third 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 format of the completed and executed Submission must be delivered to the administrative 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 TABLE OF CONTENTS SECTION DESCRIPTION 1 Introduction to Request For Proposals 2 Statement of Services 3 MPA's Roles and Responsibilities 4 Proposer Submittals 5 ImplementationfT esting/Acceptance 6 RFP Response Forms 7 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 10.200 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) shaUprovide 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 25 th , 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 (UUR") 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, FL 33128 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. Proposers 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 EXECUTION 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 of this 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 specifications and plans prepared by the Consultant, or provision of the Agreement documents the following order of precedence shall apply: • Revisions (Amendments) to the Agreement which are executed shall govem over the Agreement. • The Agreement shall govern over the RFP, any Addendum to the RFP, and the RFP Response. • The RFP shall govem over the RFP Response. 1.14 CHANGES/ALTERATIONS 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 SUBCONSUL TANTS 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 a minimum, 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 Propose~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 Expe'rts 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 th,e 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 (PC I) 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 encouragedto 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. Additionally, the following documents must be submitted with Proposal, if applicable: • City of Miami 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 "shall" 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 Su.spension 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 ATTACHMENT 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 ATTACHMENT C -ASP (SaaS) 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 an 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 Pro(!osal 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 aI/ required documentation See 5.1 of Instructions for Submitting a Response YES 19 6.1. RFP INFORMATION FORM I certify that any and all 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 all respects fair and without collusion or fraud. I agree to abide by all 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 and 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 _____ 1' 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 INDEMN IFICATION 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, penaHies, 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 oris alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default 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 c/o 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 III. . 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 ANDIOR 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. ___ Specifications 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). Remarks: _____ '----____________________ _ 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 be 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 federal 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 18-10~ 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 positions 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 oate:, __________________ _ 4. Metro-Dade County Certificate of Competency No., _______________ _ (attached copy if requested in Bid or RFP) 5. Social Security or Federal 1.0. 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 . %ofBid B. SUBCONTRACTORS: Provide information regarding MinoritylWomen firms which will be subcontractors for this Bid, and their extent of the 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 @ 10:00 A.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 fax 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 Executive 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 Page 5 of5 SUNDAY AUGUST 20 2017 MIAMIHERALD.cOM FROM PAGE 32SE 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, banish 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 -S 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 j @An- nieTheAlchemist), and a sip and shop experience with complimentary Raw Juce cocktails & new age apparel and goods by Nur- 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 genres 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 incl uding 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 present 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 (Skilled 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 City Library will 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 Akerman, 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 aft1uence 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, CIO, PetSupermarket a€¢ Esther Surujon, Chief Financial Officer, Memorial Physician Group, Memorial Healthcare Sys- tem Aug. 23 5:30 p.m.-S:30 p.m. $10 0 Jungle Island 1111 Parrot Jungle Trail, Miami. 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 -11pm Drink Specials All Night Hookah Specials All Night Across from Miami Dade College RSVP to be apart of our "Live Studio Audience" 10S39 NW 27th Ave, Miami FL 33167 @loud_vapor @dagrSfm @blondiecantuc Hookah. Socialize. Enjoy the show & in studio give- aways Join The Party Aug. 237 p.m.-10 p.m. Free Loud Vapor Hookah Lounge 10S39 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. 23 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 ourselves 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 I 33SE Asia, blended with Chef David's take on Latin cui- sine. Wine pairings will be provided by Jackson Fam- ilyWines. The Traveling Plate gives students of Arc Culinary the opportunity to work with local 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.comjtraveling- 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 CITY OF SOUTH l\flAMI COURTESY NOTICE NOTICE IS HEREBY givc-n that th~ City Commission of the City of South :\1iami. F(.Jrida will c\lnduct Public Hcaringt~) at its regular City Cnmmi:.sion meeting scheduled for Tuesd;ty. Septemher 5, 2017. beginning :It 7:00 pm .. in the City Commis:;ion Chambers. 6130 Sunset Drive. to consider the following item(~): A Rc~oluti\ln authorizing the City Manager \0 ncg\)ti:lIC <lnd to ('TIter into a three (3) )eaI agreement with an opli01Ho-renew [or one additional two (2) years with South l\-1i:mli Youth B:Jseball League C'S?t,'lYBL", for the management of the concession stand at Palmer Park. A Resolution <lutborizing: Ihe City Manager to n~g:otiatt!' and 1\1 enter into ~ thrt'e (3) year agreement with an option-to-renew for one additional two C!) years with ~·1i:lmiB:lskctball.nct, Inc. for the management of basketball sen-ices at the Gibsl1U-Belhd CorrUUlUlity Cenler. A Resolution 3uthori7jng the City M~lIlagcr to enler into a sole source mulli-yeal' agrccnll'nt 'With Gr<Ulicu:;, [nc., [or wcbcasting the City':-public meeting:-and software upgrades fOf Peak Agenda management and dosed captioning serviceS'l ~. Resnluril)Jl aUlhmizing the Cit) l\'IanagL'T to cntLT info a multi-ye:lf agrL'Crncn"t for Pay b) Phone !'ervi;;c:. with Pay hy Phone Tct:hntllogies, Inc .. thCl)ugh a . ggyb;lCl;. agreem~"Ilt from the l\:liami Parking Authority. ALL jntcre~tl."d parti('~ are im'itcd w attl!'mJ and will be heard. For further infonnolion, pica.",c contact the City Cler).::;. OlIice at: 305-663-6340. Maria M. MenendeJ;, Cl\·lC City C1?rk Pursmmt 10 Flurida Slntul~'s 286.0105, the City h ... !Cb~ ndvj:-e!( The publk lhn! if a penun dcddes to nppe:ll :lny Jecbi"!1 m:ld.-by Ihh Bunrd. Agency Of ("ommh~i,m \\;Ih respe..'t II> HOY mntrcr cj)n~jdcrc\t (tt i(~ mcrtillg or brariog, ht' or lohe will ncrd :i n'n,n! \)f Ihc pIU(cct!ing~, and (hal for ~uch purpt):>c, affc.:lcu rcr~(ln m:J: need III C1J!'ure thai :1 vcrhJtim Tcconl of thr pnll.·cetlinp I:' made whkh r~rord illdllde~ lhe te~timllny nod I;'\jdeol"t' UP,," which (hI;' appeal i:-to he b~.~eU. 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 flk/a 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 Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office 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 corporation any discount, rebate, commission or refund for th MARIA MESA personally known to me