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Res No. 127-18 RESOLUTION NO. _ 127-18 A RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA APPROVING AN AGREEMENT WITH PARK ASSIST, LLC FOR A PARKING COUNT AND GUIDANCE SYSTEM; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND TAKE .ALL ACTIONS NECESSARY TO EFFECTUATE THIS AGREEMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS,the City of Delray Beach ("City") is authorized to enter into agreements to provide services,programming and products in accordance with its Charter,and WHEREAS,the City requires a parking count and guidance system;and WHEREAS,the City desires to enter into an agreement with Park Assist,LLC;and WHEREAS,the City Commission deems approval of this resolution to be in the best interest of the health, safety,and welfare of the residents and citizens of the City of Delray Beach and the public at large. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF TEE CITY OF DELRAY BEACK FLORIDA,AS FOLLOWS: i Section 1. The foregoing recitals are hereby affirmed and ratified. Section 2. The City Commission of the City of Delray Beach has reviewed and hereby approves this Agreement between the City and Park Assist, LLC, which is attached hereto and incorporated herein as "Exhibit A." Section 3. The City Commission authorizes the City Manager to execute the Agreement and any amendments and/or renewals thereto, and take any other actions necessary to effectuate this Agreement. Section 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED in regular session on the a day of LgL .gU 2018. ATTEST- MAVR Katerri Johnson, ty Clerk Approved as tor f rm legal sufficiency: Int6 °ty Attorney 2 City of Delray Beach RFP No.2018-033 Agreement for Parking Count and Guidance System Exhibit A to Resolution No. 127-18 AGREEMENT THIS AGREEMENT is made and entered into this44` day of ), � "° , 20 '° (the "effective date"), by and between the City of Delray Beach, a Florida municipal corporation ("City"), whose address is 100 NW 1St Avenue, Delray Beach, Florida 33444, and Park Assist, LLC, a Delaware corporation (hereafter referred to as "Contractor") authorized to do business in Florida, whose address is 57 W 38th Street, 11th Floor, New York, New York 10018. WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City's Request for Proposals No. 2018-033, and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF REQUEST FOR PROPOSALS The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Request for Proposals No. 2018-033 and the Contractor's response thereto, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City's Request for Proposals, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein as "Exhibit A", according to the terms and specifications of the referenced Request for Proposals. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: i. As to the City: City of Delray Beach 100 NW 1St Street Delray Beach, Florida 33444 Attn: City Manager Email: LauzierM@mydelraybeach.com ii. with a copy to: City of Delray Beach 200 NW 1St Street Delray Beach, Florida 33444 Attn: City Attorney Page 1 City of Delray Beach RFP No.2018-033 Agreement for Parking Count and Guidance System Exhibit A to Resolution No. 127-18 Email: LohmanM@mydelraybeach.com iii. As to the Contractor: Park Assist, LLC 57 W 58th Street, 11th Floor New York, New York 10018 Attn.: Molly Silverstein, Regional Account Manager Email: Molly.Silverstein@parkassist.com b. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. C. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CONTRACT TERM The term of this Agreement shall be from the effective date through the completion of work and full acceptance by the City, including all maintenance, warranty and/or support periods, unless terminated earlier in accordance with terms set forth in this solicitation. (The remainder of this page is intentionally left blank) Page ( 2 City of Delray Beach RFP No.2018-033 Agreement for Parking Count and Guidance System Exhibit A to Resolution No.127-18 IN WITNESS WHEREOF,the parties have executed this Agreement on the dates hereinafter written. CITY OF DELRAY BEACH, FLORIDA [SEAL] bi ' f. By: Mark R. Lauzier, City Man ger ATTEST: By: Katerri Johns n, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney CONTRACTOR [SEAL] By, Joe Ruggero Printed Name Executive Vice President Title STATE OF � � COUNTY OF The foregoing instrument was acknowledged before �p .this r It day of de01 by �° Q2'O 0w(>��) g„r g � �.0 „����� � � , as '�nameof�cor�oration acknowledging),e of ice or as ent title of officer or agent), of ' r, N� ( p t " (state or place of incorporation) corporation, on be alf of the corporation. He/She is personally known to me or has produced ° " �' ,a til '10 ° � (type of identification) "s'''identification SALLY LOFTIN Notary Public,State of New York „ .. No.01L06239999 N tar+'blic—State of Qualified in Bronx County Page 3 commission Expires- *-�,f u City of Delray Beach RFP No.2018-033 Agreement for Parking Count and Guidance System Exhibit A to Resolution No. 127-18 Exhibit A Pricing Schedule ONE-TIME COSTS Item Unit of Estimated Optional No. Description Measure Unit Price Qty (Yes/No?) 1 M4 Sensors Each $274.86 158 No Loop Detectors and 2 Delineators Each $615.30 2 No Network and Head End Equipment Lump 3 (server, cabinets etc.) Sum $43,531.03 1 No Lump 4 Cables and Channel Sum $9,170.31 1 No Signage (13 Interior Aisle Signs, 1 Monument Sign with 5 Lump 5 LED Inserts) Sum $33,412.50 1 No Installation, Project Management, CAD Design, Logistics, Commissioning and Lump 6 Networking Sum $65,951.96 1 No 7 Mobile Application Each $7,680.60 1 Yes Alerts Software 8 (license plate alerts) Each $8,000.00** 1 Yes 9 Find My Car Software Each $8,000.00** 1 Yes 10 Indoor Find My Car Kiosk Each $10,700.00 1 Yes Preventative 11 Maintenance Year 1* Year $0.00** 1 Yes Preventative 12 Maintenance Year 2* Year $4,542.00 1 Yes Preventative 13 Maintenance Year 3* Year $4,679.00 1 Yes Preventative 14 Maintenance Year 4* Year $4,819.00 1 Yes Preventative 15 Maintenance Year 5* Year $4,963.00 1 Yes Preventative 16 Maintenance Year 6* Year $5,112.00*** 1 Yes RECURRING COSTS Item Unit of Estimated Optional No. Description Measure Unit Price Qty (Y/N?) 1 None N/A N/A N/A N/A *Preventative maintenance options begin after initial one-year warranty period. **Indicates a negotiated price. ***Indicates corrected unit of price from original proposal due to scrivener's error. 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