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HomeMy Public PortalAboutAmano McGann- Agreement for Services- Parking Meters 1-8-15 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AGREEMENT FOR SERVICES THIS AGREEMENT FOR services relating to the Multi-space parking meters and related software in the City of Tybee Island, Georgia, also identified as"Pay and Display Parking System and Meter Management System,"hereinafter eferred to as"Agreement", is made and entered into as of the R day of J awuAty , 2O1(the"Date Hereof"), by and between Amano McGann, Inc., whose agent and address for purposes of this agreement is Todd Townsend, 2915 Courtyards Drive Suite B Norcross, GA 30071, hereinafter referred to as"the Company," and THE CITY OF TYBEE ISLAND, a municipality, whose address for the purposes of this Agreement is 403 Butler Avenue, P. 0. Box 2749, Tybee Island, Georgia 31328, herein referred to as"the City." WITNESSETH THAT: WHEREAS, the City is a municipal corporation organized under Georgia law; and WHEREAS, the City desires replace existing pay and display parking meters throughout the island; and WHEREAS, the Company, in conjunction with other entities identified herein, operating under the laws of the State of Georgia, are engaged in supplying the products and services to replace the existing pay and display meters and meter management system; and WHEREAS, the City has solicited requests for proposals relating to the Work; and WHEREAS, the Company has submitted the attached proposal; and WHEREAS, the Company and City desire to document the terms and conditions of their Agreement. NOW, THEREFORE, for and consideration of the mutual covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: ARTICLE 1 BASIC AGREEMENT 1.1 The Company will perform the Scope of Work ("the Work") described in RFP No. 2014- 653 City of Tvbee Island, Georgia ("RFP"), attached hereto and incorporated by reference as if fully set forth herein (Exhibit "A"), and supply all materials in connection therewith for a total sum of four hundred and eighty six dollars ($486,000.00) ("the price") and will perform all preparatory and clean-up work associated therewith pursuant to the terms of the RFP and the Company's proposal, attached hereto and incorporated by reference as if fully set forth herein ad Exhibit"B". In addition, the Company has offered certain alternates that may be purchased by the City, more specifically described in Exhibit"C". Page 1 of 15 1.2 The Company will provide payment and performance bonds in the amount of the total agreement plus ten percent issued by an insurer or surety licensed and authorized in Georgia and provide proof of liability coverage with a minimum liability amount for comprehensive general liability and automobile liability of not less than $2,000000.00. The Company shall maintain worker's compensation insurance equal to the statutory requirements. The insurance certificates shall name the City of Tybee Island as additional insured. The bonds will be released upon acceptance of the meters after installation and upon a certification from the Company that all contractors have been paid. 1.3 The Company and all of its subcontractors will comply with the necessary requirements of all State and Federal law pertaining to the residency of its workers and will further comply with all reporting requirements required of City contractors pursuant to the grant under which proceeds are being made available to the City and expressly recognizes that any breach on its part of the reporting and other requirements under such grant will result in potential liabilities to the City and the Company will indemnify and hold harmless the City for any such damages in addition to all other indemnity obligations contained herein or the terms and conditions attached hereto. 1.4 The Company shall perform work in accordance with the following schedule: (1) Not later than fifteen (15) weeks from the date of the countersignature of the Agreement, purchase order and all hardware and software configuration forms provided, the Company shall commence with the Work; (2) The Work and all preparatory and clean up shall be completed not later than 21 weeks from the date of the countersignature on this Agreement. 1.5 In the event the Company fails to satisfy or complete the entire work contemplated and the City has not been cause of any delay and provided for under this agreement on or before the date of completion described herein, the City may elect to deduct one hundred dollars ($100.00) for each day past the completion date from the payment due the Company, which sum is agreed upon not as a penalty, but as fixed and liquidated damages for each day of such duration, to be paid in full and subject to no deduction. If the payments due the Company are less than the amount of such liquidated damages, said damages shall be deducted from any other monies due or to become due the Company, and in case damages shall exceed the amount o all monies due or to become due the Company, then the Company or its surety shall pay the balance due under. 1.6 After cleaning up the Work premises, adjacent property, streets, alleys, and other areas or structures in any way connected with the performance of the agreement, the Work as a whole shall be observed by a representative of the []b/. Any workmanship or materials found not meeting the requirements of the agreement shall be removed by and at the expense of the Company good and satisfactory workmanship or material substituted therefore. All settlement, defects, or damage upon any part of the Work shall be remedied and made good by the Company. 1.7 If the Company fails to complete the Work under this agreement within the time specified, or fails to perform the Work with sufficient workmen and equipment or with sufficient Page 2 of 15 materials to ensure the completion of said work within the specified time, or shall perform the Work unsuitably or shall neglect or refuse to remove material or perform new work, or shall discontinue the prosecution of the Work, or if the Company shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or shall make an assignment for the benefit of creditors, or from any other cause whatsoever shall not carry the Work in an acceptable manner or shall fail to maintain at all times the bonds and insurance herein required, the City shall give notice in writing to the Company and its surety by registered mail of such delays, neglect, or default, specifying the same, and if the Company, within a period of ten (10) days after such notice, shall not proceed in accordance therewith, then the City shall, upon written certificates from its Manager of the fact that such delays, neglect, or default of the Company's failure to comply with such notice, shall have full power and authority without violating the agreement, to take the prosecution of the Work out of the hands of the Company, to take and utilize any or all materials and equipment as may be suitable and acceptable and may enter into an agreement for the completion of said agreement according to the terms and provisions thereof or such other methods as, in its opinion, shall be required for the completion of said agreement in an acceptable manner. If costs and charges incurred by the City are less than the sum which would have been payable under the agreement, if it had been completed by said Company, then said Company shall be entitled to receive the difference. In case such expenses shall exceed the sum which would have been payable under the agreement, then the Company and the surety shall be liable and shall pay to the City the amount of such excess. ARTICLE 2 MATERIAL AND WORKMANSHIP 2.1 All equipment, material, and artides furnished under this agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. References in the Agreement to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Company may, at its option, use any ' �� equipment, material, article, or process that in the judgment of and as approved by the Contract Administrator, is equal to that named in the specifications, unless otherwise spedflcally provided in this agreement. 2.2 (a) The Company shall obtain the Contract Administrator's approval of the machinery and mechanical and other equipment to be incorporated into the Work. When requesting approval, the Company shall furnish to the Contract Administrator the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery, and mechanical and other equipment. When required by this agreement or by the Contract Administrator, the Company shall also obtain the Contract Administrator's approval of the material or articles which the Company contemplates incorporating into the Work. (b) When requesting approval, the Company shall provide full information concerning the material or articles. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) When required by the specifications or the Contract Administrator, the Company shall submit appropriately marked samples(and certificates related to them)for approval at the Page 3 of 15 (d) expense, with all shipping charges prepaid. The Company shall label, or otherwise properly mark on the container, the material or product represented, its place of origin, the name of the producer, the Company's name, and the identifIcation of the construction project for which the material or product is intended to be used. (e) Certificates shall be submitted in triplicate, describing each sample submitted for approval and certifying that the material, equipment or accessory complies with agreement requirements. The certificates shall include the name and brand of the product, name of manufacturer,and the location where produced. (0 Approval of a sample shall not constitute a waiver of the City's right to demand full compliance with agreement requirements. Materials, equipment and accessories may be rejected for cause even though samples have been approved. ARTICLE 3 WARRANTIES 3.1 In addition to any other warranties in this agreement, the Company warrants, except as provided in paragraph 3.9 of this agreement, that work performed under this agreement conforms to the agreement requirements and is free of any defect in equipment, material, or workmanship performed by the Company or any subcontractor or supplier at any tier. This warranty shall continue for a period of one year from the date of final acceptance of the Work. If the City takes possession of any part of the Work before final acceptance, this warranty shall continue for a period of oneyear from the date that the City takes possession. 3.2 The Company shall remedy, at the Company's expense, any failure to conform, or any defect. In addition, the Company shall remedy, at the Company's expense, any damage to City-owned or controlled real or personal property when the damage is the result of- (1) The Company's failure to conform to agreement requirements; or (2) Any defects of equipment, material, workmanship or design furnished by the Company. 3.3 The Company shall restore any work damaged in fulfilling the terms and conditions of this clause. The Company's warranty with respect to work repaired or replaced will run for (one year unless otherwise indicated) from the date of repair or replacement. 3.4 The Contract Administrator shall notify the Company, in writing, within a reasonable time after the discovery of any failure, defect or damage. If the Company fails to remedy any failure, defect, or damage within a reasonable time after receipt of notice, the City shall have the right to replace, repair or otherwise remedy the failure, defect, or damage at the Company's expense. 3.5 With respect to all warranties, express or implied, from subcontractors, manufacturers, or suppliers for work performed and materials furnished under this agreement, the Company shall: (1) Obtain all warranties that would be given in normal commercial practice; Page 4 nf35 (2) Require all warranties to be executed in writing, for the benefit of the City and, (3) Enforce all warranties for the benefit of the City. 3.6 In the event the Company's warranty under paragraph 3.1 has expired, the City may bring suit at its own expense to enforce a subcontractor's warranty, 3.7 Company shall not be liable for the repair of any defect of material or design furnished by the City or for the repair of any damage(s)that result(s)from any defect in City-furnished material or design. 3.8 Notwithstanding any provisions herein to the contrary, the establishment of the time periods in paragraphs 3.1 and 3.3 above relate only to the specific obligation of the Company to correct the Work, and have no relationship to the time within which its obligation to comply with the agreement may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Company's liability with respect to its obligation other than specifically to correct the Work. 3.9 This warranty shall not limit the City's rights with respect to latent defects gross mistakes or fraud. 3.10 The Company warrants good title to all materials, supplies and equipment incorporated in the Work and agrees to deliver the premises together with all improvements thereon free from any claims, liens or charges, and agrees further that neither it nor any other person, firm or corporation shall have any right to a lien upon the premises or anything appurtenant thereto. ARTICLE 4 COVENANTS AND REPRESENTATIONS 4.1 The Company shall perform professional services in accordance with the Company's Proposal and Terms and Conditions contained in the agreement and contained herein. 4.2 To induce the City to enter into this Agreement, the City she"! be entitled to rely upon the representations and certifications made by the Company in the Company's Proposal, without independent investigation and verification, and each such representation orced5fication shall be deemed to be material to this Agreement. The person negotiating and executing this Agreement on behalf of the Company has the full right, power, and authority to enter into, execute and perform this Agreement in accordance with the terms hereof, and when executed and � delivered, this Agreement will constitute a valid and binding obligation of the Company and will be enforceable in accordance with the terms thereof. ARTICLE 5 PAYMENT AND FEES 5.1 The City shall pay the Company the price as provided in this agreement. 5.2 The City shall make progress payments approximately every 30 days as the Work proceeds, on estimates of work accomplished which meets the standards of quality established under the Agreement, as approved by the Contract Administrator. Page 5 of 15 5.3 Before the first progress payment under this agreement, the Company shall furnish, in such detail as requested by the Contract Administrator, a breakdown of the total agreement price showing the amount included therein for each principal category of the Work, which shall substantiate the payment amount requested in order to provide a basis for determining progress payments. The breakdown shall be approved by the Contract Administrator and must be acceptable to the City. If the agreement covers more than one project, the Company shall furnish a separate breakdown for each. The values and quantities employed in making up this breakdown are for determining the amount of progress payments and shall not be construed as a basis for additions to or deductions from the agreement price. The Company shall prorate its overhead and profit over the construction period of the agreement. 5.4 The Company shall submit periodic estimates and pay applications showing the value of the Work performed during each period based upon the approved breakdown of the agreement price. Such estimates shall be submitted not later than 30 days in advance of the date set for payment and are subject to correction and revision as required. The estimates must be approved by the Contract Administrator. 5.5 Along with each request for progress payments and the required estimates, the Company shall furnish the following certification, or payment shall not be made: General Contractor Certification I hereby certify,to the best of my knowledge and belief,that: The amounts requested are only for performance in accordance with the specifications, terms,and conditions of the agreement; Payments to subcontractors and suppliers have been made from previous payments received under the agreement, and timely payments will be made from the proceeds of the payment covered by this certification, in accordance with subcontractor agreements; and, This request for progress payments does not include any amounts which the General Contractor intends to withhold or retain from a subcontractor or supplier. Name: Title: Date: Signataye: 5.6 The Contract Administrator may authorize material delivered on the site and preparatory work done to be taken into consideration when computing the progress payments. Material delivered to the Company at locations other than the site may also be taken into consideration if the Company furnishes satisfactory evidence that (1) it has acquired title to such material; (2) the material is properly stored in a bonded warehouse, storage yard, or similar suitable place as may be approved by the Contract Administrator; (3) the material is Page 6 of 15 insured to cover its full value; and (4) the material will be used to perform this agreement. Before any progress payment which includes delivered material is made, the Company shall furnish such documentation as the Contract Administrator may require to ensure the protection of the City's interest in such materials. The Company shall remain responsible for such stored material notwithstanding the transfer of title to the City. 5.7 All material and work covered by progress payments made shall, at the time of payment become the sole property of the City, but this shall not be construed as (1) relieving the Company from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or, (2) waiving the right of the City to require the fulfillment of all of the terms of the agreement. In the event the Work of the Company has been damaged by other subcontractors, or persons other than employees of the City in the course of their employment, the Company shall restore such damaged work without cost to the City and to seek redress for its damage only from those who directly caused it. 5.8 The City shall make the final payment due the Company under this agreement after; (1) completion and final acceptance of all work; and (2) presentation of release of all claims against the City arising by virtue of this agreement, other than claims, in stated amounts, that the Company has specifically excepted from the operation of the release. Each such exception shall embrace no more than one claim, the basis and scope of which shall be clearly defined. The amounts for such excepted claims shall not be included in the request for final payment. A release may also be required of the assignee if the Company's claim to amounts payable under this agreement has been assigned. 5.9 Prior to making any payment, the Contract Administrator may require the Company to furnish receipts or other evidence of payment from all persons performing work and supplying material to the Company, if the Contract Administrator determines such evidence is necessary to substantiate claimed costs. 5.10 The City shall not; (1) determine or adjust any claims for payment or disputes arising there under between the Company and its subcontractors or material suppliers; or, (2) withhold any moneys for the protection of the subcontractors or material suppliers. The failure or refusal of the City to withhold moneys from the Company shall in no way impair the obligations of any surety or sureties under any bonds furnished under this agreement. 5.11 Notwithstanding the other provisions related to Payment and payment terms contained herein, at the Owner's discretion, the Owner may enter into an Owner financing arrangement whereby the Owner will pay to the Company $8,998.00 per month for sixty (60) months and more specifically as follows: (a) Of the $8,998.00 payment, $8,100.00 shall be applied as principal and $898.00 as interest. (b)There shall be no penalty or interest should the City elect to pre-pay any outstanding balance. (c) In the event the City pays off the balance, the only payment authorized in addition to the principal agreed upon is the interest on previous invoiced amounts , and the Page 7 of 15 Company is entitled to retain that interest as interest and it shall not be applied to the principal ba|ance. ARTICLE 6 CONTINGENCIES 6.1 The obligations of the City are subject to the following conditions: (1) The ability of the City to carry out the terms of this Agreement in accordance with the laws and Constitution of the State of Georgia. (2) The timely performance by the Company of each and every covenant, agreement, and obligation imposed upon the Company in this Agreement. (3) The truth and accuracy as of the Date Hereof of each and every representation made by the Company. (4) This Agreement is expressly made subject to other laws affecting its subject matter. In the event of any conflict between such laws and this Agreement, such laws shall take precedence. 0.2 The obligations of the Company are subject to the following conditions: (1)The timely performance by the City of each and every covenant, agreement, and obligation imposed upon the City in this Agreement. ARTICLE 7 NOTICES 7.1 All notices, demands or requests required or permitted to be given pursuant to this Agreement shall be in writing and given or served either in person or by United States Mail, postpaid, registered or certified with Return Receipt Requested, showing the name of the recipient and the date of delivery. Notices shall be addressed to the party or parties identified and at the address as set forth in the introductory paragraph of this Agreement, and the date upon which such notice is delivered shall be deemed the effective date thereof. Either party may, from time to time, by five (5) days' prior written notice to the other party, specify a different agent or address to which notices can be delivered. Rejection or other refusal to accept a notice or inability to deliver a notice because of a changed agent or address of which no notice was given shall constitute receipt of the notice on the date when personal service is attempted or the date of the postmark, if mailed. ARTICLE 8 RIGHTS CUMULATIVE 8.1 Al} rights, powers, and privileges conferred hereunder shall be cumulative and not restrictive of those given by law. ARTICLE 9 NON-WAIVER 9.1 No failure of the City to exercise any right or power given to the City under this agreement, or to insist upon strict compliance by the Company with the provisions of this agreement, and no custom or practice of the City or the Company at variance with the terms and conditions of this Agreement, shall constitute a waiver of the City's right to demand exact and strict compliance with the terms and conditions of this Agreement. ARTICLE 10 Page 8 of 15 CONTINUITY 10.1 Each of the provisions of this agreement shall be binding upon and inure to the benefit and detriment of the Company and the City and the heirs, devisees, legatees, legal representatives, successors and assigns of the Company and the City. ARTICLE 11 CONTRACT MODIFICATIONS 11.1 (a) Only the Contract Administrator has authority to modify any term or condition of this contract. Any contract modification shall be authorized in writing (b) The Contract Administrator may modify the contract unilaterally (1) pucsuant to a specific authorization stated in a contract clause (e.g., Changes); or (2) ' ad0ninistrative matters which do not change the rights or responsibilities of the parties (e.g., change in the City's ' ^ signed by the Company and the Contract Administrator. (c) When a proposed modification requires the approval of the Tybee Island City Council prior to its issuance (e.g., a change order that exceeds the Contract Administrator's approved threshold), such modification shall not be effective until the required approval is given by the Tybee Island City Council. ARTICLE 12 CHANGE ORDERS 12.1 (a) The Contract Administrator may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the contract including changes: (1) In the specifications (including drawings and designs); and (2) In the method or manner of performance of the work. (b) Any other written order or oral order (which, as used in this paragraph (b), includes direction, instruction, interpretation, or determination) from the Contract Administrator that causes a change shall be treated as a change order under this clause; provided, that the Company gives the Contract Administrator written notice stating (1) the date, circumstances and source of the order and (2) that the Company regards the order as a change order. (c) Except as provided in this clause, no order, statement or conduct of the Contract Administrator shall be treated as a change under this clause or entitle the Company to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the Company's cost of, or the time required for the performance of any part of the work under this Agreement, whether or not changed by any such order, the Contract Administrator shall make an equitable adjustment and modify the Agreement in writing. However, except for an adjustment based on defective specifications, no proposal for any change under paragraph (b) above shall be allowed for any costs incurred more than 30 days (5 days for oral orders) before the Company gives written notice as required. In the case of defective specifications for which the City is responsible, the equitable adjusl.iiient shall include any increased cost reasonably incurred by the Company in attempting to comply with the defective specifications. (e)The Company must assert its right to an adjustment under this clause within 30 days after (1) receipt of a written change order under paragraph (a) of this clause, or (2) the furnishing of a written notice under paragraph (b) of this clause, by submitting a written statement describing the general nature and the amount of the proposal. If the facts justify it, the Contract Administrator may extend the period for submission. The proposal may be included Page 9 of 15 in the notice required under paragraph (b) above No proposal by the Company for an equitable adjustment shall be allowed if asserted after fiDa| payment under this contract. (f) The Company's written proposal for equitable adjustment shall be submitted in the form of a lump sum proposal supported with an itemized breakdown of all increases and decreases in the contract in at least the following details: (1) Direct Costs. Materials (list individual items, the quantity and unit cost of each, and the aggregate cost); Transportation and delivery costs associated with materials; Labor breakdowns by hours or unit costs (identified with specific work to be performed); Construction equipment exclusively necessary for the change; Costs of preparation and/ or revision to drawings or plans resulting from the change; Worker's Compensation and Public Liability Insurance; Employment taxes under FICA and FUTA; and, Bond Costs when size of change warrants revision; (2) Indirect Costs. Indirect costs may include overhead, general and administrative expenses, and fringe benefits not normally treated as direct costs; and (3) Profit. The amount of profit shall be negotiated and may vary according to the nature, extent, and complexity of the work required by the change. The Company shall not be allowed a profit on the profit received by any sVbcontractor. Equitable adjustments for deleted work shall include a credit for profit and may include a credit for indirect costs. On proposals covering both increases and decreases in the amount of the contract, the application of indirect costs and profit shall be on the net-change in direct costs for the Company or subcontractor performing the work. (g) The Company shall include in the proposal its request for time extension (if any), and shall include sufficient information and dates to demonstrate whether and to what extent the change will delay the completion of the contract in its entirety. (h) The Contract Administrator shall act on proposals within 30 days after their receipt, or notify the Company of the date when such action will be taken. (j) Except in an emergency endangering life or property, no change shall be made by the Company without a prior order from the Contract Administrator. ARTICLE 13 TIME OF THE ESSENCE 13.1 All time limits stated herein are of the essence of this Agreement. ARTICLE 14 CAPTIONS 14.1 The brief headings or titles preceding each provision hereof are for purposes of identification and convenience only and should be completely disregarded in construing this Agreement. ARTICLE 15 THIRD PARTY BENEFICIARIESMILZGORS 15.1 Although this personal retention of Company an independent . Company, the Company and the City agree that there will be other third party obligors subcontractors performing work on the project. The Company, however, agrees to be responsible for ensuring that all agreement terms are complied with, regardless of the entity performing the actual work. Page 10 of 15 ARTICLE 16 DRUG FREE WORK PLACE 16.1 It is the policy of the City of Tybee Island that its work place shall be a drug free workplace in compliance with the Drug Free Work Place Act, 41 U.S.C.S. 701et.seq. ARTICLE 17 APPLICABLE LAWS 17.1 The Company agrees that it and all of its subcontractors will comply with all applicable legal requirements whether imposed by Local, State or Federal law and, further, will comply with State"SAVE" and"E-Verify" requirements. ARTICLE 18 JURISDICTION AND VENUE 18.1 The Company agrees that any civil action, arbitration or mediation of any dispute arising under this Agreement shall take place only in Tybee Island or Savannah, Chatham County, Georgia. City and Company further agree and stipulate to the jurisdiction and venue of the United States District Court for the Southern District of Georgia, Savannah Division, the Superior Court of Chatham County or the State Court of Chatham County over them and over any civil action arising under this Agreement. IN WITNESS WHEREOF, the Company and the City have caused these presents to be duly signed, sealed and delivered on the day, month, and year first above written. AMANO MCGANN, INC. CITY OF TYBEE ISLAND By: Name: Todd Townsend son Bue terman, Mayor Titiag %lice ces: edr+, AvAit'qa-1 -244/5- Date :50..Nurri 8124/5 Date C rk of Council APPROV,AS TO FOFM: r /i)ate 9??L '44- - ) Edward M. Hughes, City ieritorney Date Page 11 of 15 My of Tybee Island C3ty of Tybee Island TERMS AND CONDITIONS DEFINITIONS. As used herein, the following terms shall have the meanings set forth below, whether or not capitalized. (a) "Purchase Order"or"Order"means this purchase order. (b) "Buyer"means The City of Tybee Island. (c) "Seller"or"Vendor"means the party furnishing the supplies under this order. (d) "Supplies" means what the Seller furnishes the Buyer under this order and includes with limitation, the following; (1) the work; materials; articles; deliverable Items, items, data and services, whether tangible or intangible or any combination thereof; and (2) what is leased or licensed, pursuant to the lease(s) or license(s) signed by both the Buyer and the lessor or licensor if attached to and made a �o of order. this nmer. (e) "Loss" means any or all the following: claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys'fees and expenses and other legal costs). ACCEPTANCE. This order constit tes an offer which shall become a binding contract upon the terms and conditions herein set forth upon acceptance by Seller either by acknowledgement of this order or commencement of performance. Buyer objects to any difference, conflicting or additional terms proposed by Seller In the acceptance of this order, and no such terms shall be effective unless expressly accepted by Buyer in writing. Each shipment received by Buyer from Seller shall be deemed to be only upon the terms and conditions contained in this order, except by such written instrument modifying the order, signed by Buyer, notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice, or other form issued by Seller and notwithstanding Buyer's act of accepting or paying for any shipment, or similar act by Buyer. PRICES. Seller represents that the prices, terms, warranties, and benefits contained in this order are comparable to or better than those offered to any other customer of Seller for items which are the same or substantially similar in both the characteristics of the community, quantity of units and actual scope of work implemented. Buyer shall receive the benefit prospectively or retrospectively if Seller offers any item or service included in this order to any other customer at a lower price, more favorable terms, more favorable warranties,or more favorable benefits up to one year after completion of this order. DELIVERY. Any delivery schedule made a part of this order is an important, material condition; time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall not make material commitments or production arrangements in excess of the amount or In advance of the time necessary to meet Buyer's delivery achedu|e It is Seller's responsibility to comply with this schedule, but not to schedule. ' anticipate Buyer's requirements. In addition to any other rights or remedies, Buyer may cancel all or any part of this order for Seller's failure to deliver in strict accordance with the delivery terms set forth herein. Seller shall promptly notify Buyer of any anticipated delay in the delivery date and Buyer may require Seller to ship by alternate means in order to expedite delivery. Any additional costs shall be paid by Seller and Seller shall be liable for all resulting damages to Buyer occasioned by the delay. Delivery shall not be deemed to be complete until the items have been received and accepted by Buyer. Advance and excess shipments may at Buyer's option be rejected and returned to Seller at Seller's expense. TRANSPORTATION. Except as otherwise provided on the face of this order, transportation charges on equipment shall be f.o.b. destination, at Seller's sole cost and expense. Risk of loss from any casualty to supplies ordered hereunder, regardless of cause, shall be Seller's responsibility until goods have been delivered to Buyer's designated delivery post. No insurance or premium transportation costs beyond the price listed in this order will be allowed unless authorized by Buyer in writing. If Seller does not comply with Buyer's delivery schedule, Buyer may, in addition to any other rights that Buyer may have under this Page 12 of 15 order, require delivery by fastest way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. WARRANTY. Seller warrants that all supplies delivered pursuant tothisorderahaU strictly conform to the applicable specifications (including without limitation information or functional performance, material content, size, appearance, response time, etc.), shall be free from all defects and workmanship in materials including latent defects, shall be free from defects in design and suitable for their intended purpose, and shall be free from all claims, encumbrances, and liens. This warranty shall survive inspection, delivery and payments shall run to Buyer, Its successors, assigns and the users of the items and shall not be deemed to be exclusive. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent, harmless from all damages, including consequential and incidental damages, incurred or sustained by Buyer by reason of any breach of any warranty with respect to the supplies purchased. Buyer shall be promptly reimbursed for all expenses incurred in the handling, inspection and return of defective items, and Seller shall bear the risk of loss on all such Items. If any of the supplies are found at any time prior to acceptance to be defective in material or workmanship, or otherwise not In conformity with the requirements of this order, Buyer(in addition to any other rights which it may have under warranties or otherwise) may at its option (1) correct or have corrected the nonconformity at Seller's expense, or (2) reject and return such supplies or other deliverable items at Seller's expense, such supplies or other deliverable items not to be replaced without suitable written authorization from Buyer. CHANGES. Buyer may at any time request in writing changes to this order in the specifications, packing, shipment, quantities, delivery schedules, and other matters. If any such change causes an Increase or decrease in the costs of or the time required for performance, Seller shall immediately notify Buyer. Any request for an equitable adjustment must be made in writing with 30 days from the date of the written request for the change. No additional charge or change in the specifications, packing, shipment, quantities, delivery schedules,and other matters will be allowed unless authorized by Buyer in writing. TAXES. The Buyer, a municipality in the State of Georgia, is exempt from Georgia Sales Tax under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased by the city for installation by the seller under thIs contract are the responsibility of the contractor. ASSIGNMENT. Neither this order nor any interest herein may be assigned, in whole or in part, by Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may assign any monies due or to become due to him hereunder, provided that such assignment shall not be binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged and approved by Buyer in writing. SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order outside of sellers proposal, including completed or substantially completed items or major components thereof, without Buyer's written consent. Nothing in this order shall be seen as prohibiting Seller's purchase of standard commercial articles, raw materials, or other supplies specified in this order if these are typically purchased by Seller in the normal course of business. TERMINATION. Buyer may terminate or suspend performance under this order in whole or in part from time to time by sending written notice to Seller. Upon receiving notice of such action by Buyer, Seller shall immediately comply with Its terms and take all reasonable steps to avoid incurring any additional costs under this order. Buyer's sole liability to Seller shall be for items completed and delivered to Buyer in accordance with this order and for Seller's reasonable costs to the date of termination, such costs being solely attributable to this order and not being recoverable from other sources. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent harmless from (1) any and all claims and liabilities for injuries or death of persons or damages to or destruction of property; (2)any other Loss caused by or resulting from the Page 13 of 15 acts or omissions of Selle its agents, subcontractors suppliers or employees in the performance of this order; (3)any Loss caused by or resulting from the supplies purchased under this order, (4)any intended use of products or materials provided by Seller; (5) any defective products or materials provided by Seller, including without limitation the use or disposal of hazardous and/or toxic materials, such materials to include at minimum all materials recognized by the Environmental Protection Agency as hazardous; or (6) any breach by Seller of any express or implied warranties. If Seller's work hereunder involves operations by Seller's agents, subcontractors, suppliers or employees on Buyer's premises or any place where Buyer conducts operations, Seller shall take all necessary precautions to prevent the occurrence of any injury or damage to persons or property during the progress of such work. Further, Seller shall indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as acent harmless for any injuries occurring to Seller's agents, subcontractors, suppliers or employees and Seller shall maintain public liability, property damage and employee's liability and compensation insurance sufficient to protect Buyer from any claims under any applicable law, statute, or regulation. MODIFICATION; WAIVER. No waiver or modification of this order shall be effective unless in writing and signed by both of the parties hereto. Failure of either party to enforce Its rights under this order shalT not constitute a waiver of such rights or any other rights. ENTIRE AGREEMENT. This order is intended by the parties as a final expression of their agreement and also as a complete and exclusive statement of the terms thereof, any prior or contemporaneous oral or written agreements as to the same subject matter notwithstanding. INVALIDITY. In the event that any provision of this order Is declared invalid, illegal, or otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall be valid and shall be enforced to the fullest extent permitted by law. DRUG FREE WORKPLACE. By accepting this order, the Seller certifies that he shall provide a drug free workplace for his employees in accordance with the laws of the State of Georgia. SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the basis for this order shall include the plans and specifications and bld documents as attached hereto, together with any other documents so listed and enumerated, if any, and it is expressly understood that any special conditions listed and attached hereto are specifically made a part of this contract. APPLICABLE LAW. The provisions and performance of this purchase order shall be governed by the laws of the State of Georgia and applicable federal law. Seller agrees to bring any and all actions relating to this purchase order only in the state and federal courts located within Chatham County in the State of Georgia. APPROPRIATION. Notwithstanding, any other provision hereof, this agreement shall terminate at the end of each calendar year without liability or obligation on the part of the city in any calendar year where the City has not appropriated funds for the obligations hereunder for the next calendar year. [.p,94- eo,c/ No 'Aye Page 14 of 15 \` � t EXHIBIT 41.00 Ili is (---- rry 1 f lCU,A°R' 0 OCfo, RFP#2014-653 CITY OF TYBEE ISLAND TYBEE ISLAND,GEORGIA IS ISSUING THIS REQUEST FOR BID FOR THE FOLLOWING DESCRIBED HEREIN: MULTI-SPACE PARKING METERS AND RELATED SOFTWARE The City of Tybee Island is requesting bids for PAY AND DISPLAY PARKING METERS AND A METER MANAGEMENT SYSTEM. Bidders shall offer services and materials which may be upgraded with optional services and materials which may not be purchased at time of bid award.Bidder shall specify in the bid the delivery schedule for the products and services from time of notification of award of bid. BIDS ARE TO BE RETURNED NO LATER THAN: OCTOBER 28,2014 AT 10:00AM BIDS WILL BE OPENED ON OCTOBER 28,2014 AT 11:00AM AT CITY HALL. ALL RESPONDENTS ARE INVITI:I)TO ATTEND. A PREBID MEETING WILL BE HELD OCTOBER 14,2014 AT 10:30am AT CITY HALL,403 BUTLER AVE,TYBEE ISLAND The City is seeking a total bid package for service/materials equal to or exceeding specifications set forth on the attached pages.Those not meeting these standards will be rejected.The attached material specifications become and remain a part of this request for bid All responses, inquiries, or correspondence relating to, or in reference to, this request for bids, and all reports, charts, displays, schedules, exhibits and other documentation by the bidders shall become the property of the City when received.The City retains the right to use any or all ideas presented in any bid to the invitation to bid,whether amended or not. Selection or rejection of the bid does not affect this right. Mail bid to: BID NUMBER 2014-653 PARKING METERS MELISSA FREEMAN 403 BUTLER AVE PO BOX 2749 TYBEE ISLAND,GA.31328 Inquiries or other need for clarification in this document should be submitted no later than October 23,2014. Page 1 of 13 Questions to: Diane Schleicher 912-472-5070 Cell(912)704-4963 Email: dschleicher @cityoftybee.org METHOD OF AWARD: Contracts shall be awarded to the lowest, responsive, and responsible bidder. Bidders must respond completely by filling in all applicable blanks. Bids are subject to the terms and conditions of this Request for Bid. Signature of bidder indicates that bidder understands and will comply with attached terms and conditions and all other specifications made a part of this invitation for bid and any subsequent award or contract.All terms, conditions and representations made in this invitation will become an integral part of the contract. Nothing contained within this RFP is indicative of intent by the City of Tybee Island to reimburse the bidder, in whole or in part, for any costs associated with preparation, submission, or presentation of bids. WAIVER: The City of Tybee Island reserves the right to reject,any or all bids received. The City reserves the right to waive any variances from original bid specifications in cases where the variances are considered to be in the best interest of the City. I. Scope of Work The City is seeking Proposals from qualified vendors to supply,deliver and install multi- space parking meters and related software system. The tentative plan calls for installation of up to 80 units by March 1S`,2015. Proposals shall include lease-to-own options,with technological upgrades addressed,and-a separate line item for any ongoing monthly meter costs,and a separate line item for removal and disposal of 78 Duncan MX meters located in the City of Tybee Island Minimum Qualifications to Propose a. Minimum 5 years of experience manufacturing,installing and supporting multi- space meters in the US. b. Minimum of 3 comparably-sized or larger installations of similar projects,at least one(1) of the projects must be pay and display. c. Service technician and parts warehouse available within 24 hours. d. Minimum 3 years experience and EMV certification. e. Must have demonstrated 7-day patron and technical support line for comparably-sized or larger communities. f. Must provide evidence of both Payment Application(PA-DSS)compliance and PCI-DSS Level 1 certifications,and be listed as a valid service provider for the Visa Cardholder Information Security Program (CISP)and the MasterCard Site Data Protection(SDP)programs. Minimum Technical Specifications for Pay Stations a. ADA compliant. b. Equipped with 3G+wireless data modem and EMV-ready. c. Straight-eject printer for receipts. d. Purchase process must begin with insertion of credit card,debit card, or coins. e. Vandal resistant,non-moveable,piezo-style buttons. Page 2 of 13 f. Cabinet must be stainless steel and powder coated for graffiti resistance. g. Meter shall be warranted to operate within a temperature range of-20 degrees to +140 degrees Fahrenheit. h. Meter shall use solar panel and rechargeable battery for ongoing power and backup power;battery life to be 24-36 month or longer. i. Allow pre-pay for visitors to pay for parking prior to the beginning of enforcement hours. j. Ability to operate in pay and display mode with no additional hardware or upgrade costs to the City. k. Must be wirelessly networked and connected to a web-based management system,with meter fault notifications and payment status being sent real-time. Management System a. No additional software other and an Internet browser shall be required to access the management system. b. Allow for rate changes,time limits,and enforcement hours to be programmed remotely through a web-based management system. c. System shall provide reports to include financial,technical and administrative functions. II. Submission Requirements A. All submissions must be accompanied by copies of the necessary licenses of the parties making the proposals. B. Bids and all required or requested supplemental materials in compliance with the attached specifications shall be submitted to the above address. Supplemental materials will not be accepted after the bids have been opened, unless requested by the City. All responses, inquiries, or correspondence relating to, or in reference to, this request for bids, and all reports, charts,displays,schedules,exhibits and other documentation by the bidders shall become the property of the City when received. All bids submitted in response to this invitation for bid shall become the property of the City. The City retains the right to use any or all ideas presented in any bid to the invitation to bid, whether amended or not. Selection or rejection of the bid does not affect this right C.Required Information: Please submit the following information in the order requested. 1. Name, address,phone number, fax number, and e-mail address of the person or film submitting the proposal. Provide the name of the contact person and person authorized to contract for the firm. 2. The proposer's qualifications to meet the City's objectives and perform tasks listed in the proposal. This shall include the size of the firm, office location from which the service is being performed and nature of staff and equipment to be employed. Job descriptions and pay classifications of the proposer's positions and employees shall also be included. Page 3 of 13 Please include a bid sheet,W-9,vendor application,affidavit verifying status,and contractor affidavit which can be found at the end of this request. IV. Limitations A. This Request does not commit the City to the award of a contract or to pay any costs incurred in the preparation for a response to this Request. B. The City may or may not require the prospective proposer to participate in negotiations and to submit additional technical information or other revisions to their Proposal as may result from the negotiations. C. The City reserves the right to reject any or all Proposals, to waive informalities, to request additional information, and to award a contract deemed most advantageous for the City. V. Minimum Requirements for a Proposer A. Proposals shall be considered only from firms normally engaged in performing the type of work specified with the Request for Proposal. In the determination of the evidence of responsibility and ability to perform the required services by the proposer, the representatives of the City shall determine whether the evidence of responsibility and ability to perform is satisfactory. The representatives of the City reserve the right to reject any or all proposals. B. Previous experience in the performance of projects of a similar nature to ensure timely and efficient completion. C. The individual/firm warrants that he/she is fully qualified, with adequate personnel and experience to undertake the services required within a reasonable time. D. The proposer shall be an equal employment opportunity employer and shall adhere to any applicable local,state, or federal affirmative action requirements. Proposer of winning bid must be a registered contractor with the City of Tybee Island. E. The proposer shall provide bonds which shall remain in effect for the full term of the subsequent contract. Upon activation of the contract, the successful contractor shall provide Performance and Payment Bonds. VI. Criteria for Evaluation and Award The successful Proposer will be selected based upon the best response offered to the City. Proposers may be requested to give an oral presentation after submission of responses should the City find it necessary to determine which is best received. Evaluation Criteria: Submitted proposals will be evaluated and scored based upon the following criteria: Page 4 of 13 Criteria Points Assigned Understanding of Proj ect 25 Ability to Meet Time Frame 15 Past Experience 35 Pricing 25 VII. Incurred Expenses The City is not responsible for any expenses which proposers may incur in the preparation and submittal of proposals requested by this RFP, including but not limited to, costs with travel,accommodations, interviews,or presentation of proposals. City of Tybee Island TERMS AND CONDITIONS DEFINITIONS. As used herein, the following terms shall have the meanings set forth below, whether or not capitalized. (a) "Purchase Order"or"Order"means this purchase order: (b) "Buyer"means The City of Tybee Island. (c) "Seller"or"Vendor"means the party furnishing the supplies under this order. (d) "Supplies" means what the Seller furnishes the Buyer under this order and includes with limitation, the following; (1) the work; materials; articles; deliverable items, items, data and services, whether tangible or intangible or any combination thereof; and (2) what is leased or licensed, pursuant to the lease(s) or license(s) signed by both the Buyer and the lessor or licensor if attached to and made a part of this order. (e) "Loss" means any or all the following: claims, liabilities, damages, losses, costs, or expenses(including reasonable attorneys' fees and expenses and other legal costs). ACCEPTANCE. This order constitutes an offer which shall become a binding contract upon the terms and conditions herein set forth upon acceptance by Seller either by acknowledgement of this order or commencement of performance. Buyer objects to any difference, conflicting or additional terms proposed by Seller in the acceptance of this order, and no such terms shall be effective unless expressly accepted by Buyer in writing. Each shipment received by Buyer from Seller shall be deemed to be only upon the terms and conditions contained in this order, except by such written instrument modifying the order, signed by Buyer, notwithstanding any terms and conditions that may be contained in any acknowledgment, invoice, or other form issued by Seller and notwithstanding Buyer's act of accepting or paying for any shipment,or similar act by Buyer. PRICES. Seller represents that the prices,terms, warranties, and benefits contained in this order are comparable to or better than those offered to any other customer of Seller for items which are the same or substantially similar.Buyer shall receive the benefit prospectively or retrospectively if Seller offers any item or service included in this order to any other customer at a lower price,more favorable terms, more favorable warranties, or more favorable benefits up to one year after completion of this order. DELIVERY. Any delivery schedule made a part of this order is an important,material condition; time is of the essence of the order. Unless otherwise agreed to in writing. Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer's delivery schedule. It is Seller's responsibility to comply with this Page 5 of 13 schedule, but not to anticipate Buyer's requirements. In addition to any other rights or remedies, Buyer may cancel all or any part of this order for Seller's failure to deliver in strict accordance with the delivery terms set forth herein. Seller shall promptly notify Buyer of any anticipated delay in the delivery date and Buyer may require Seller to ship by alternate means in order to expedite delivery. Any additional costs shall be paid by Seller and Seller shall be liable for all resulting damages to Buyer occasioned by the delay. Delivery shall not be deemed to be complete until the items have been received and accepted by Buyer. Advance and excess shipments may at Buyer's option be rejected and returned to Seller at Seller's expense. TRANSPORTATION. Except as otherwise provided on the face of this order, transportation charges on Supplies shall be f.o.b. destination, at Seller's sole cost and expense. Risk of loss from any casualty to supplies ordered hereunder, regardless of cause, shall be Seller's responsibility until goods have been delivered to Buyer's designated delivery post. No insurance or premium transportation costs beyond the price listed in this order will be allowed unless authorized by Buyer in writing. If Seller does not comply with Buyer's delivery schedule,Buyer may, in addition to any other rights that Buyer may have under this order, require delivery by fastest way, and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. WARRANTY. Seller warrants that all supplies delivered pursuant to this order shall strictly conform to the applicable specifications (including without limitation information or functional performance, material content, size, appearance,response time, etc.),shall be free from all defects and workmanship in materials including latent defects, shall be free from defects in design and suitable for their intended purpose, and shall be free from all claims,encumbrances,and liens. This warranty shall survive inspection, delivery and payments shall run to Buyer,its successors, assigns and the users of the items and shall not be deemed to be exclusive. Seller agrees to indemnify, defend and hold Buyer,Buyer's employees, and those for whom Buyer may act as agent,harmless from all damages, including consequential and incidental damages,incurred or sustained by Buyer by reason of any breach of any warranty with respect to the supplies purchased. Buyer shall be promptly reimbursed for all expenses incurred in the handling,inspection and return of defective items,and Seller shall bear the risk of loss on all such items.If any of the supplies are found at any time prior to acceptance to be defective in material or workmanship, or otherwise not in conformity with the requirements of this order,Buyer(in addition to any other rights which it may have under warranties or otherwise) may at its option (I) correct or have corrected the nonconformity at Seller's expense, or(2) reject and return such supplies or other deliverable items at Seller's expense, such supplies or other deliverable items not to be replaced without suitable written authorization from Buyer. CHANGES. Buyer may at any time request in writing changes to this order in the specifications, packing,shipment, quantities, delivery schedules, and other matters. If any such change causes an increase or decrease in the costs of or the time required for performance, Seller shall immediately notify Buyer. Any request for an equitable adjustment must be made in writing with 30 days from the date of the written request for the change.No additional charge or change in the specifications, packing, shipment, quantities, delivery schedules, and other matters will be allowed unless authorized by Buyer in writing. TAXES. The Buyer, a municipality in the State of Georgia, is exempt from Georgia Sales Tax under the Sales and Use Tax ID # 302 526 178. All sales and use tax due on materials purchased by the city for installation by the seller under this contract are the responsibility of the contractor. Page 6 of 13 ASSIGNMENT.Neither this order nor any interest herein may be assigned,in whole or in part,by Seller without the prior written consent of Buyer. Notwithstanding the above, Seller may assign any monies due or to become due to him hereunder, provided that such assignment shall not be binding upon Buyer until receipt of a copy of the assignment agreement is acknowledged and approved by Buyer in writing. SUBCONTRACTING. Seller shall not enter into a subcontract for any part of this order, including completed or substantially completed items or major components thereof, without Buyer's written consent. Nothing in this order shall be seen as prohibiting Seller's purchase of standard commercial articles, raw materials, or other supplies specified in this order if these are typically purchased by Seller in the normal course of business. TERMINATION. Buyer may terminate or suspend performance under this order in whole or in part from time to time by sending written notice to Seller. Upon receiving notice of such action by Buyer, Seller shall immediately comply with its terms and take all reasonable steps to avoid incurring any additional costs under this order. Buyer's sole liability to Seller shall be for items completed and delivered to Buyer in accordance with this order and for Seller's reasonable costs to the date of termination, such costs being solely attributable to this order and not being recoverable from other sources. INDEMNIFICATION. Seller agrees to indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent harmless from(1)any and all claims and liabilities for injuries or death of persons or damages to or destruction of property; (2) any other Loss caused by or resulting from the acts or omissions of Seller, its agents, subcontractors, suppliers or employees in the performance of this order•, (3) any Loss caused by or resulting from the supplies purchased under this order,(4)any intended use of products or materials provided by Seller;(5)any defective products or materials provided by Seller, including without limitation the use or disposal of hazardous and/or toxic materials, such materials to include at minimum all materials recognized by the Environmental Protection Agency as hazardous; or (6) any breach by Seller of any express or implied warranties. If Seller's work hereunder involves operations by Seller's agents, subcontractors, suppliers or employees on Buyer's premises or any place where Buyer conducts operations, Seller shall take all necessary precautions to prevent the occurrence of any injury or damage to persons or property during the progress of such work. Further, Seller shall indemnify, defend and hold Buyer, Buyer's employees, and those for whom Buyer may act as agent harmless for any injuries occurring to Seller's agents, subcontractors, suppliers or employees and Seller shall maintain public liability, property damage and employee's liability and compensation insurance sufficient to protect Buyer from any claims under any applicable law, statute, or regulation. MODIFICATION; WAIVER. No waiver or modification of this order shall be effective unless in writing and signed by both of the parties hereto.Failure of either party to enforce its rights under this order shall not constitute a waiver of such rights or any other rights. ENTIRE AGREEMENT. This order is intended by the parties as a final expression of their agreement and also as a complete and exclusive statement of the terms thereof, any prior or contemporaneous oral or written agreements as to the same subject matter notwithstanding. INVALIDITY. In the event that any provision of this order is declared invalid, illegal, or otherwise unenforceable by any tribunal or law, the remainder of the provisions shall not be Page 7 of 13 " 4 affected thereby, and each term and provision not declared invalid, illegal or unenforceable shall be valid and shall be enforced to the fullest extent permitted by law. DRUG FREE WORKPLACE. By accepting this order,the Seller certifies that he shall provide a drug free workplace for his employees in accordance with the laws of the State of Georgia. SPECIFICATIONS, PROPOSALS, BID DOCUMENTS. The documents which form the basis for this order shall include the plans and specifications and bid documents as attached hereto, together with any other documents so listed and enumerated, if any, and it is expressly understood that any special conditions listed and attached hereto are specifically made a part of this contract. APPLICABLE LAW. The provisions and performance of this purchase order shall be governed by the laws of the State of Georgia and applicable federal law. Seller agrees to bring any and all actions relating to this purchase order only in the state and federal courts located within Chatham County in the State of Georgia. APPROPRIATION.Notwithstanding, any other provision hereof, this agreement shall terminate at the end of each calendar year without liability or obligation on the part of the city in any calendar year where the City has not appropriated funds for the obligations hereunder for the next calendar year. PROTEST POLICY Any offeror who is aggrieved in connection with a solicitation or award of a contract may protest to the Purchasing Agent.The protest shall be made to the purchasing office having responsibility for initiating the solicitation. The protest must be submitted in writing within 7 calendar days after knowledge of the facts and occurrences giving rise to the protest.The protest shall: include the name and address of the protestant;include the solicitation number, contain a statement of the grounds for protest;and specify the ruling requested from the purchasing office. Awards will be held at bay until the protests are resolved. PAYMENT The bidder shall specify terms of payment.The City of Tybee IsIand's preferred method of payment is by purchasing credit card. INSURANCE REQUIREMENTS Contractor shall provide a Certificate of Insurance naming the City of Tybee Island as also insured,a 30 day cancellation notice,indicating the following minimum coverage: Comprehensive General Liability $2,000,000.00 Automobile Public Liability $2,000,000.00 Workman's Compensation Insurance equal to the statutory requirements. TAXES The City of Tybee Island,Georgia is not subject to any State or Federal taxes.Documentation will be provided with the invoice at the time of payment,if requested. DELIVERY: F.O.B.DESTINATION 403 Butler Ave,Tybee Island,Georgia 31328 unless otherwise stated. TERIVIINATION OF CONTRACT The City reserves the right to terminate the contract for reasons of violations by the successful bidder of any term or condition of the contract by giving thirty(30)days written notice,unless otherwise stated herein,stating the reasons therefore and giving the party ample time Page 8 of 13 to remedy the deficiency. Page 9 of 13 QUOTATION SHEET A. Description: TOTAL.COST: $ Quotation Expiration date: Pate 10 of 13 Form 1■ Request for Taxpayer Give form to the (Rev.October 2004) Identification Number and Certification requester.Do not Deportment of theTunelxy send to the IRS. Internet Revenue Service ry Name(as reported on your Income tax return) m 0. Businono name,If different from above 0 as Individuals r°'l Exempt from backup � Check appropriate box: ❑ Cole proprietor ❑ Corporation ❑ Partnership LI Other► ❑withholding o Address(number,street,and apt.or suite no.) Requeotefo name and addreco(optional) • c City,state.and ZIP code rn List account number(o)hero(optional) do Part I Taxpayer Identification Number(TIN) Enter your TiN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid social security number backup withholding.For individuals,this is your social security number(SSN).However,for a resident I I -E I 4 i alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other entities,it Is your employer Identification number(EIN).if you do not have a number,see How to get a TIN on page 3. or Note.if the account is in more than one name,see the chart on page 4 for guidelines on whose number Employer Identification number to e n t e r. It 1 1 1 1 1 1 Part II Certification Under penalties of perjury,I certify that: 1. The number shown on this form Is my correct taxpayer Identification number(or I am waiting for a number to be Issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding,and 3. I am a U.S.person(including a U.S.resident alien). Certification instructions.You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN.(See the instructions on page 4) Sign signature of Here U.S.person Is Date IS City of Tybee Island,PO Box 2749,Tybee Island, GA 31328 912-786-4573 1 (fax)912786-9465 What products/services do you provide to the City of Tybee Island: To whom shall we direct the Purchase Order? Sales Contact: Email: Phone# Fax# Location: To whom shall we direct Payment? A/R Contact: Email: Phone# Fax# Remittance Address: Our terms are Net 30. • f Page 11 of 13 +fi !l 41, ,,,,,.:; Affidavit Verifying Status for City Public Benefit Application By executing this affidavit under oath, as an applicant for a City of Tybee Island, Georgia, Business License or Occupation Tax Certificate,Alcohol License,Taxi Permit,Contract,or other public benefit as referenced in O.C.G.A. Section 50-36-1,1 am stating the following with respect to my application of a City of Tybee Island: • Business License or Occupational Tax Certificate, • Alcohol License, (circle all that apply) • Taxi Permit, • Contract • Other public benefit for (printed name of natural person applying on behalf of individual, business, corporation,partnership or other private entiit)). 1) 1 and a United States citizen. OR 2) I am a legal permanent resident 18 years of age or older or I am an otherwise qualified alien or non- immigrant under the Federal Immigration and Nationality Act, 18 years of age or older and lawfully present in the United States. In making the above representation under oath, I understand that any person who knowingly and willfully makes a false,fictitious,or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Official Code of Georgia. Signature of Applicant Date Printed Name *Alien Registration Number for Non-citizens SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF 20 Notary Public My Commission Expires: Note:O.C.G.A. §50-36-1(0(2)requires that aliens wider the federal Immigration and Nationality Act, Title 8 U.S.C., as amended,provide their alien registration number. Because legal permanent residents are included in the federal definition of"alien'', legal permanent residents must also provide there alien registration number: Quaked aliens that do not have an alien registration number may supply another ident jing number below: Page 12 of13 CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A 13-10-91, stating affirmatively that the individual,firm,or corporation which is contracting with(State Recipient/Sub- recipient), under the Community HOME Investment Program (CHIP), has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the Department of Homeland Security to verify information of newly hired employees,pursuant to the Immigration Reform and Control Act of 1986 (IRCA),P.L. 99- 603],in accordance with the applicability provisions and deadlines established in O.C.G.A 13-10-91. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this CHIP-funded contract with(State Recipient/Sub- recipient),contractor will secure from such subcontractor(s)similar verification of compliance with O.C.G. A. 13-10-91 on Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the (State Recipient/Sub-recipient) at time the subcontractor(s) is retained to perform such service. Federal Work Authorization User Identification Number Date of Authorization Authorized Officer or Agent of Contractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on 20 in (city) (state) Signature of Authorized Officer or Agent Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF ,20 Notary Public: My Commission Expires: Page 13 of 13 \\ k i EXHIBIT. z, cc:f I 0 - +r:r,c1O - AMANO MSM powered by IMIETRIC RFP#2014-653 CITY OF TYBEE ISLAND TYBEE ISLAND,GEORGIA OCTOBER 28,2014 AT 10:00AM Mail bid to: BID NUMBER 2014-653 PARKING METERS MELISSA FREEMAN 403 BUTLER AVE PO BOX 2749 TYBEE ISLAND,GA. 31328 Submitted by Amano McGann GA Todd Townsend Vice President, Municipal 2915 Courtyards Drive Suite B Norcross,GA 30071 Cell:615-636-3456 AMANO MSM powered by FIETRIC AMANO MSM powered by METRIC Executive Summary Amano McGann Inc. (AMI) is pleased to provide you with our qualifications and products proposal to furnish and install Amano's MSM the Elite LS Paystations. Amano has designed a parking meter for ease of use for the day-to-day city parker with powerful management tools for the city staff to monitor revenue and activity. Amano provides the most advanced and proven parking equipment technology available in the industry, all installed and supported by our Local Service Technicians. This combination will result in maximum parker satisfaction and improvements throughout the city that will be heralded throughout the US! The Amano Elite Large Screen (LS) Multi-Space Meter (MSM) Solution powered by Metric offers an enhanced high resolution, large screen display. The centered display has four customizable LED lit soft keys prompting the user for an intuitive user experience. The seamless integration of MSM and OPUSuite®improves revenue collection and streamlines audit trails for.a comprehensive view of business operations. The Elite LS MSM Solution provides a variety of options including Pay & Display, Pay-by-Space and Pay-by-Plate. Patrons enjoy the convenience of paying by phone, cash, credit, contactless credit card, debit, city card, or contactless smart card —with instructions from an easy to read screen. Operators gain superior audit control with consolidated reporting, transaction details, statistical data, and rate management. LS Multi-Space Parking Meter The Elite LS is our newest Multi-Space Meter offering cutting edge features and enhanced value for users and the city/municipality. Cutting Edge Features • User is guided by step-by-step instructions on the 5.7" mono or color QVGA high- resolution display • LED lights throughout the fascia of the unit and at customer interaction points • Optional dual printer is an industry first • 11" (16:9) advertising screen for local merchants, city, or information messages • Enforcement integration • Pay and/or add time at any machine in the area • Real-time clock on face of meter AMANOMSM powered by IPIETRIC Customer Conveniences • Payment by coins, bills, credit or debit card, phone, city card or contactless • Full Alpha/Numeric Keypad for Pay-by-Plate • LED lights throughout face of meter for increased visibility • Pay by Cell integration-offering full integration to the city's requirements • Citation payment at meter City Staff Benefits • Real-time status and operator alerts • Integration with Google Earth and Google Maps • Largest coin canister—4,800 coin capacity • Largest bill vault-$1,000 note capacity • E-locks for the ultimate in security with separate maintenance and cash compartments • Maintenance and alarm alerts in real time • Electronic coin shutter to prevent vandalism and water ingress • Water management design • Vault and locking door-more resistant to drilling due to armor plating • Test token — program up to three service functions to allow maintenance or enforcement staff to perform routine maintenance without opening the door or requiring keys Relevant Experience Superior Local Service Amano McGann's office is the regional service organization partner on this project to provide technical support, project management, and maintain valuable spare parts. Being "right in your backyard" results in prompt response times and our local warehouse is stocked with needed replacement parts. Our repeat clients choose Amano McGann Inc. because they have found that the capabilities of our service team ensure the highest percentage of system up-time. Our branch offices and distribution partners are dedicated to providing service for all of our accounts. No other parking control system provider is solely dedicated to servicing and maintaining your parking equipment like Amano can. We employ experienced Service Technicians around the country, including some that have been with the company for more than 20 years. Additionally, our Service Technicians are supported by a national network of Technical Support Associates. Our support staff has a combined level of experience in the parking industry that exceeds 25 years. AMANO MSM powered by PIETRIC Key Differentiators Amano brings several key differentiators the most significant being local expertise in managing and deploying Multi-Space Meters. Our VP of Municipal Markets is located in GA and has implemented parking meter upgrades and installations to a multitude of cities including Tybee Island, GA and several other East Coast Cities; New York, NY, Boston, MA, Miami, FL, Charlotte, NC, Washington, DC, Atlanta, GA, Wilmington, NC, Mobile, AL, Toledo, OH and others. This consultant type of resource is provided at no additional expense. We understand the complexities or more importantly the specialization required for cities/municipalities and how to coordinate and implement to your unique schedules and requirements. Decades of experience of our team members in various facets of the parking industry provides you with the expertise for the successful installation and cohesive launching of your parking technology improvements. We are confident that if given the opportunity, we will provide you with a system and supporting services that will exceed your expectations. We look forward to the possibility of becoming a Partner with the City of Tybee Island. Sincerely, Todd Townsend Vice President- Municipal Amano McGann, Inc. 615-636-3456 Mobile AMANOMSM powered by METRIC C C. Required Information: Please submit the following information in the order requested. 1. Name, address, phone number, fax number, and e-mail address of the person or firm submitting the proposal. Provide the name of the contact person and person authorized to contract for the firm. Todd Townsend Vice President, Municipal AMANO McGANN, INC. 2915 Courtyards Drive Suite B Norcross, GA 30071 Cell: 615-636-3456 todd.townsend(camanomcgann.com AMANO MSM powered by METRIC Please include a bid sheet, W-9, vendor application, affidavit verifying status, and contractor affidavit which can be found at the end of this request. 1 1 2. The proposer's qualifications to meet the City's objectives and perform tasks listed in the proposal. This shall include the size of the firm, office location from which the service is being performed and nature of staff and equipment to be employed. Job descriptions and pay classifications of the proposer's positions and employees shall also be included. Minimum Qualifications to Propose Amano McGann and the Metric MSM Meet and Agree to all specification's and Requirements a. Minimum 5 years of experience manufacturing, installing and supporting multi-space meters in the US. Amano and Metric have over 15 years'experience with manufacturing,installing and supporting multi- space meters in the US. Metric has company roots dating back to 1878.With an installed base of more than 70,000 machines in over 45 countries,Metric's multi-space parking systems control more than one million car parking spaces. Metric first became involved in the multi-space parking control equipment business in 1965 when we developed our first pay-and-display machine.Metric also developed its first pay-by-space system in 1985. A philosophy of direct involvement in the markets that we serve has enabled our customers to benefit from dealing directly with the equipment manufacturer.The Metric, Inc. US facilities are based in Mount Laurel,New Jersey.This facility consists of a 15,000 square foot warehouse complete with equipment and spare parts to support our US clients. In addition our facility provides for service,training,and software development applications for the US market. Amano McGann,Inc.is a subsidiary of Arnano USA Holdings, Inc. (AUH) of the Amano Group and receives the support of a worldwide organization in excess of$700 million in annual revenues and 2,900 employees worldwide. Amano McGann is a world leader in the manufacturing and distribution of hardware and software solutions for the parking industry. Since Amano's incorporation in 1982,they have become one of the largest teams of software engineers,system analysts,technical writers, and support specialists. They have over 4,000 installations worldwide.Amano McGann is a distributor partner and service provider for Metric Parking for the Pay and Display, Pay-by-Space and Pay-by- License Plate MSM equipment. Amano McGann has factory trained technicians to provide preventive maintenance and various service agreements. We service what we sell. Amano McGann's Capabilities Include: Installation and maintenance of Parking Access and Revenue Control Systems Installation and maintenance of Pay and Display, Pay-by-Space and Pay-by-License Plate systems Turnkey installation of equipment Preventive Maintenance of various parking equipment Metric is a world leader in on-and off-street parking solutions. Metric is a wholly-owned subsidiary of Hoft&Wessel AG,a publically traded company,located in Hannover,Germany and specializes in the development,manufacture and distribution of technology-based solutions.On the average every year 10%of the financial turnover flows into the research and development field. A good third of the 500 employees is working in the field of research and development and engineering in multi-space meter technology,transit and retail. 3 { b. Minimum of 3 comparably-sized or larger installations of similar projects,at least one(1)of the projects must be pay and display. The City of Madison Department of Transportation&Parking Utility Tom Woznick Madison Municipal Building Madison,WI 53701 608-267-1158 Email:TWoznick @cityofmadison.com 100 Meters installed from 20 Madison presently has 100 spay stations on street with installation starting in February 2010 and finishing in 2012.They accept coins,cards,tokens. The City of Hoboken Department of Transportation&Parking John Morgan 101 First Street Hoboken, NJ 07030 (201)931-6506 Email:jmorgan @hobokennj.org The City of Hoboken has installed 160 Metric solar pay stations throughout the City. Installation started in September 2010 through 2013.They accept coins,cards,bills,and smart cards. The Philadelphia Parking Authority Mr.Jeff Fisher Parking Meter Operations Manager Philadelphia Parking Authority The Lits Building 701 Market Street Philadelphia, PA 19106 jfisher@philapark.org The Philadelphia Parking Authority has installed over 1,022 Metric solar pay stations on the streets of downtown Philadelphia,the meters accept payment using coins, bills,credit cards, PPA smartcards, and contactless cards.They have been a customer for over four years. Installations started in July 2009 through 2012, c.Service technician and parts warehouse available within 24 hours. Office Overview Amano McGann delivers superior local service through our existing and long standing local presence. Repeat clients choose us because they have found that the capabilities of the Atlanta team ensure the highest percentage of system up-time. No other parking control system provider in the greater Atlanta area can match our employee resources.While several competitors have left the market in recent years, we continue to grow.We have increased our number of employees in the last 2 years by adding a sales/account representative and creating new positions to include Project and Technical Services Managers. In terms of ensuring that a local service organization will be available to provide on-going service throughout the lifespan of the new system—Amano McGann is the least risk choice. • 35+years of company experience installing/servicing parking control systems in Atlanta •Typical service call response time between 1 and 3 hours • Factory-direct support • Branch to headquarters relationship with software developers •All service technicians are Amano Cincinnati factory trained and certified • Local office/warehouse stocked with replacement parts kti °ti �g11 I Prrm ,r Ate • Amano McGann's Atlanta office/warehouse d. Minimum 3 years experience and EMV certification. Metric UK has demonstrated EMV experience in the UK market and with Credit Call the gateway provider Tybee will be utilizing as their gateway for credit card payments. e. Must have demonstrated 7-day patron and technical support line for comparably-sized or larger communities. Agreed,Amano and Carolina Time will provide local support for this contract, Company Information Carolina Time and Parking Group was founded in 1959 in Charlotte, North Carolina. Through exceptional growth of product lines and services,Carolina Time has established itself as a leader in sales and service of Amano McGann Parking/Revenue Control Solutions.Our solutions have been successfully installed in municipalities,airports, hospitals, hotels, manufacturers,universities and throughout the Southeast. All of our systems are configured to satisfy our customers'required solutions,which helps to maximize operational performance and minimize downtime. We employ factory certified technicians to install and service our line of products.This allows us to provide superior support and service for the life of the systems we install. We offer on-site support to be able to respond with hands-on service when required and have qualified support representatives available 24/7 to discuss and respond to service issues. Carolina Time's history of fulfilling our service commitments has always been a major advantage to our clients throughout the Southeast. Carolina Time's corporate headquarter is located in Charlotte,North Carolina,We maintain offices in Savannah,GA,Greensboro, NC,Charlotte, NC,,Greenville,SC,Columbia,SC,Charleston,SC, Myrtle Beach,and Virginia Beach,VA,and employ over 50 employees including 22 technicians. The Tybee Island Multi-Space Parking Meters and Related Software project will be serviced by both the local Savannah and Charleston offices and our Amano McGann certified technicians from our Charlotte HQ office offices. Carolina Time&Parking Group, Project Team We have established a team of professionals who have the appropriate experience and expertise to perform the system installation for the Tybee Island Multi-Space Parking Meters and Related Software Project and who have worked on similar installations in the recent past.The project team will also be responsible for service and support throughout the lifetime of the parking control system. The role of each team member is described below. Clint Joy—Vice President Operations Clint has over 20 years of experience working in the parking and transportation industry and will oversee the entire project team and the overall performance for the Tybee Island Multi-Space Parking Meters and Related Software Project.Clint began his parking career as a cashier for the State of Colorado in 1991 and through the years was promoted numerous times and ultimately became the Transportation Manager for the Auraria Campus in Denver,Colorado. As the Tr nsportation Manager at Auraria,Clint was responsible for the oversight of all transportation and parking operations on a campus that that included numerous multi-space and single space meters. Prior to joining Carolina Time, Clint was a Senior Vice President for Standard Parking with responsibility of over 30 airports and 2000 employees in the western U.S. In his 14 years with Standard Parking,Clint served many roles including Senior Manager and Regional Vice President. During his tenure at Standard Parking Clint had direct responsibility for the installation,maintenance and operation of metered operations that included the City of Great Falls, Montana,the City of Palm Springs and beach operations from San Diego to Marin County in Southern California. As Vice President of Operations,Clint was in a position of authorizing the purchase and use of nearly every parking revenue control system manufacturer in the industry. We are fortunate that his new role with th Carolina Time&Pa rkin�Group affords him the opportunity to work with Amano McGann, his preferred RCS solution. He is extremely knowledgeable of its applications and strengths. Aaron Davis, Project Manager.Aaron has the overall responsibility for the successful planning and execution of the project. This includes deployment and management of technical services personnel throughout the installation. Aaron schedules equipment delivery and installation,coordinates with the Project Coordinator and Technicians, and performs end-user training sessions. Responsibilities also include installation, programming,training, and support of Amano McGann facility managament software Aaron's role as a Corporate Project Manager insures all projects are installed to the highest of standards his experience in both local and regional markets allows for consistent project approach for ease of service and enhanced operations, he is proficient in Microsoft operating systems, IP Networking hardware and software and proficient in Microsoft Project. Aaron has the overall responsibility for the successful planning and execution of the project. This includes deployment and management of technical services personnel throughout the installation. Aaron schedules equipment delivery and installation,coordinates with the Project Coordinator and Technicians,and performs end-user training sessions. Responsibilities also include installation, programming,training,and support of Amano McGann facility management software. Vince Jacoby,General Manager,Vince has been with Carolina Time&Parking Group for 12 years and is responsible for the daily operations of our Savannah locations.Vince oversees more than 40 parking and access control systems in Savannah and surrounding areas.Vince will oversee and be involved in all aspects of the installation for the Tybee Island Multi-Space Parking Meters and Related Software Project including project Installation,project management,service and support.Vince is factory certified by Amano McGann and has completed training programs in revenue control equipment and software applications. Chris Nagle, IT Director&Software Support,Chris has 20 Years Parking Industry and directs all facets of IT infrastructure, planning,development,installation,support,maintenance,budgeting, procurement, and vendor coordination.Chris's certifications include Cisco, Microsoft,VMware,Magnetic Automation and Amano McGann, MCSE-Server Infrastructure 2012(finalizing),MCP, Net+,A+,Security+,VCP and CCNA.Chris has extensive experience with the following hardware products,Cisco and HP Switches, Cisco and Adtran Routers.Dell, HP, IBM Blade and rack servers.WLAN devices(various manufactures). SonicWall NSA firewall.IP Telephony.Chris also has extensive experience with the following software products,All Microsoft OS(server/desktop)since Windows NT 3.5,VMware Vsphere 5.5,Windows 2012 Hyper-V, MS-SQL, MS-Access,Active Directory,Amano McGann Iparc, Dell OpenManage,MS System Center,VNC,All versions of MS Office.Also with LAN/WAN network design and administration, virtualization technologies and Active Directory implementation.Chris coordinates installations with all clients IT departments. Frank Claud,General Manager Charleston,SC., Frank has been with Carolina Time& Parking Controls for 37 years and has been involved with all aspects of parking payment systems,from the planning and designing full systems to the implementation. Frank takes pride in providing complete functioning and reliable parking revenue control systems for his customers. Frank oversees our Charleston,SC branch, which is a fully stocked office that includes a staff of five service technicians and office support personnel.The Charleston office offers an additional layer of support to compliment the Savannah office for the Tybee Island project. Kyle Micko,Lead Technician,Charleston,SC. Kyle has been with Carolina Time&Parking Controls for 8 years and has been involved with all aspects of the installation,programming, initialization and training of PARCS,ACS,multi-space payment systems. Lisa Balkunas-Kelly,Account Executive,Special Projects. Lisa will be the liaison for Carolina Time& Parking Group with Amano McGann for this project. Lisa has over 16 years of experience working in the transportation industry and will be responsible for the overall performance and contract compliance for Carolina Time& Parking Group for the Multi-Space Parking Meters and Related Software Project at Tybee Island,Georgia. f. Must provide evidence of both Payment Application (PA-DSS)compliance and PCI-DSS Level 1 certifications,and be listed as a valid service provider for the Visa Cardholder Information Security Program (CISP)and the MasterCard Site Data Protection(SDP) programs. Company Validation Notes Deployment Notes Revalidation Date Expiry Date Validated by PA-QSA Metric Group Ltd Metric Payment Application Version#:3.0.0 App Type:POS Kiosk Target Market: Parking Operators Reference#:14-07.00479.002 Tested Platforms/Operating Systems: Nucleus Plus RTOS Service Pack/Build/Version: Version 1.14.2 Validated According to PA-DSS(PA-DSS v2.0) Acceptable for New Deployments 14 May 2012 28 Oct 2016 Foregenix Link to PCI Standards Metric Certification https://www.pcisecuritystandards.org/approved companies providers/validated payment application s.php?agree=true 7 Minimum Technical Specifications for Pay Stations Amano McGann and the Metric MSM Meet and Agree to all specification's and Requirements a.ADA compliant. The pay station shall meet ADA standards for front and side reach as well as height above ground for lowest access and highest access. b. Equipped with 3G-i-wireless data modem and EMV-ready. 3G GPRS or 3G CDMA for either the ATT or Verizon networks and EMV-Ready c.Straight-eject printer for receipts. Industry unique Dual Printer Option means an unprecedented 8,000 ticket capacity! Alternative ticket stocks,enhances visual enforcement-Use for Special event rates d. Purchase process must begin with insertion of credit card,debit card,or coins. Agreed, user can initiate transaction with payment first in Pay and Display mode e.Vandal resistant, non-moveable, piezo-style buttons. The ELITE LS is outfitted with a military grade,tactile feel mechanical keypad.When the mechanical key is depressed an option is available for audible feedback.The visible indication of a key entry is on the large display whenever a key is pressed for space or license plate entry.The ELITE LS is outfitted with 40-way keypads. Softkeys As part of the display(QVGA Monochrome or QVGA Color)the ELITE LS is equipped with four(4) softkeys that are a II programmable from Tybee's perspective.These keys can be used for"max" pay, incremental pay,event Rates,etc.A softkey is also used to select language type.With the display a large red cancel button and a large green select(approve/receipt/next) button are included. pLME EMU' SPACE N8U8[P. Programmable , ,. ,.` � Soft Keys .. ~��� Cancel Cancel -°- , - Red Green Print/ 1111[ Accept/Next & | J � ( � f.Cabinet must be stainless steel and powder coated for graffiti resistance. HOUSING Height:73.54"(186.8 cm)Width:15.75"(40.0 cm) Depth:11.81"(30.0 cm)Weight:Approximately 215 lbs.(97.6 kg) Construction:Welded reinforced stainless steel with hardened sections of composite security materials, powder coated paint with a 10 year warranty. g. Meter shall be warranted to operate within a temperature range of-20 degrees to+140 degrees Fahrenheit. Meter is warranted for Operating Temperature-20°F to+140°F h. Meter shall use solar panel and rechargeable battery for ongoing power and backup power;battery life to be 24-36 month or longer. ELECTRICAL Solar Power:Solar charged model supplied with 55Ah battery.Guaranteed battery life for 48 months or Amano will replace battery's at no cost to Tybee Island. j i.Allow pre-pay for visitors to pay for parking prior to the beginning of enforcement hours. Pre-Pay is a standard option j.Ability to operate in pay and display,pay by plate and pay by space modes with no additional hardware or upgrade costs to the City. All 3 parking modes are able to be operated in the Elite LS delivered to the City. k. Must be wirelessly networked and connected to a web-based management system,with meter fault notifications and payment status being sent real-time. Communications Metric pioneered the concept of centralized parking management.Communications networking— webASLAN-links pay stations via GSM/GPRS,CDMA,LAN or Wi-Fi. Real time reporting technology provides management information vital to maximizing revenue and controlling costs. The provision of a two way communication link between the pay station and the parking/management office is required.This allows real time information to be passed over a GSM/GRPS,COMA, LAN or Wi-Fi network giving the parking operator complete management of the machine stock. Information is passed on all warnings including low tickets,coin box status,machine alarms plus a comprehensive log of all transactions data for auditing and statistical analysis.The two way communication allows Rates, configurations and clock synchronization to be carried out remotely at the touch of a button or automated for complete piece of mind.Complete autonomous operation can be utilized by using the text/email message facility to inform enforcement or maintenance personnel of the machine alerts directly to their mobile phone/device.The software is 100%web-based and can be utilized by as many clients as desired by the operators on web enabled devices.Metric has the capacity to provide the modem type as well as providing the air time.Clients still have the ability though to enter into contracts with providers such as Verizon and AT&T. The ELITE LS can be outfitted with several types of connections to a network as described below: CDMA The pay station can be outfitted with a COMA modem.This type of cellular connectivity is on the Verizon network.This type of connection does not require a SIM card. GSM The pay station can be outfitted with a 3G modern.This type of cellular connectivity is on the AT&T network and requires a SIM (Subscriber Identity Module)card to be installed in the meter. LAN A Local Area Network(LAN)connection allows direct connection to the Internet without any cellular fees. Using this option requires a direct Ethernet connection to the meter.This is a good solution for pay stations installed in garage or ramp environments where cellular signal strength is low or unavailable. Wi-Fi A Wi-FI modern solution is available but always depends on each circumstance and the security of the system. Management System a. No additional software other and an Internet browser shall be required to access the management system. Web: The features of the webASLAN alarms/events/space alerts and statistics are incorporated into one single web application.The user can find everything in one single interface without the need to switch applications.To access the applications it is not necessary to install client software at each location where a user wants to perform their duties on webASLAN.The only requirement is that Internet Explorer or another compatible browser is available.Clients do not have to be PC-based to view information. Mobile devices can be used as well to access the Internet and the webASLAN interface. b.Allow for rate changes,time limits,and enforcement hours to be programmed remotely through a web-based management system. Rates and RATE EDITOR Software The ELITE LS Rate system is designed to support a wide range of fixed rate and/or proportional rate calculations. The main features of this Rate System include: - Support for timed activation of the Rate file allowing Rate changes to be preloaded into the system(Pending.files). - Support for multiple Rates to allow for different charging structures during the year(e.g. Summer/Winter or Peak/Off Peak Rates)without needing to manually change the active Rate. This is automatic and does not require a setup procedure at the machine. - Support for two types of special days known as'Holidays'and'Special Days'that can be used within rules to automatically alter the charging structure for those days.An example of this may be free on bank holidays and higher Rates on special event days. - Support for combinations of fixed rate and/or proportional rate rules allowing complex Rate structures to be created. - Options for controlling the action on overpayment. - Rate structures can be configured according to the minute of the hour, hour of the day,day of the week etc. During periods when the operating hours are closed the machine can be configured to reject all coins inserted into it(or other forms of payment). c.System shall provide reports to include financial,technical and administrative functions. Reports 3 The webASLAN system reports on all revenue collections,alarms/events status,operational status and all file transfers. Desktop tools(e.g.Microsoft Excel)can be used to perform automated reconciliation from transaction lists. Data can also be transferred to external databases.The webASLAN software supports export of financial and activity data to EXCEL, PDF,CSV,XML or HTML formats as well as to external databases.WebASLAN includes over 25 standard reports.The City can easily format its own reports. The webASLAN system can be accessed using the Explorer browser on Windows XP or Windows 7 operating systems,or on a Chrome browser or a Mozilla browser.The database is Windows 7 and Windows XP compliant.The software compiles reports for all transactions by revenue,events(including maintenance events)and space usage. The webASLAN system is able to create ad hoc reports by types of revenue,by location,by zone or by meter.Status reports can be generated by unit or by location.All operational data is time and date stamped including failures,resets, low battery,etc.All transaction data is time and date stamped with the amount and type of payment used. Reports are available in an easy to use format with over 25 standard reports to choose from. Reports can also be generated on an ad hoc basis—that is,a user can build reports as they see fit. Reports can also be generated automatically and emailed to users as needed on a timed basis(daily/weekly/etc.) without a need to generate reports manually. The types of reports are as follows: Card Cash Report,Card Transaction Daily Summary Report,Card Transaction Report Cash box report Coin&Note Box Report Event analysis report, Event Count Report,Event log report File Download Report Key Usage Report Machine Configuration History Report,Machine Configuration Report, Machine Key List Upload Report No Comms Report Out of Service Report Payment summary report Price band report PSU Info Report PSU Statistics Report Timeband Cash by Machine Cash by Tariff Tickets by Machine,Tickets by Tariff Total sales report Transaction report,Transaction report with Mobile Numbers, Registrations Unauthorized Key Usage Report Amano is happy to provide and work with City staff on the public relations release of the transition from the old equipment to the new. Marketing Plan Based on other cities'experience and successful installations of new meter systems,the following list provides examples of communications activities prior,during,and after installation: • 1. Three to six months prior to installing the new equipment,issue press release announcing plans for new system,with a focus on the positives of added customer convenience. 2. Conduct community outreach meetings with the stakeholders in advance of the meter change. 3. Deploy a website with project updates,meter directions,and an electronic survey form. 4. Display a"sample"meter in a public area for people to see,touch,and feel prior to beginning the installation. 5. Develop and provide instruction cards and on the website, illustrating how to use the new meters. 6. Develop a directional video for municipal television and or YouTube. 7. Train"ambassadors"to assist patrons with the proper use of the meters. 8. Issue a progress press release a few weeks prior to the initial installation. 9. Install meters and signage with covers with"Coming Soon"signage so that patrons can see where the new equipment is installed. 10. Conduct a ribbon cutting and first use ceremony to officially welcome the new meters. 11. Post parking ambassadors around the new meters to assist patrons with their use. 12. Start the deployment of meters slowly so that any issues can be identified early and quickly as opposed to a mass-installation where the maximum number of meters are replaced at one time. 13. Conduct a press release to showcase the new meters and utilize ambassadors to educate patrons. Installation can proceed on a quicker pace once any initial issues are corrected. 14. Issue a press release of the deployment of the new meters and areas scheduled for deployment. 15. Rotate ambassadors to new areas as meters are deployed. 16. Provide citation warning for short period of time following meter deployment. The full report describes the various meter options and other considerations in greater detail. EXAMPLE PRESS RELEASE April 15,2015 PAYING FOR PARKING TO BECOME EASIER New electronic parking meters will be installed beachfront. Initially,the transition will include posting new signs and multi-space pay boxes that accept credit cards will be installed. We will transition by removing older meters and converting to the paystations over a 30 day period. To find out more information on the exciting new parking program see our YouTube video and a demonstration at City Hall. www.tybeeparkingjustgoteasier.com The new meters are state-of-the-art and will accept credit cards,coins and payments by cell phone. The new meters are as easy to operate as 1-2-3: 1.Check the display on the meter for instructions 2. Insert coins or swipe your credit card,and then press to add time 3. Display your receipt on your dashboard p(E Exhibit C Spare Parts Price List-(you can attach the one I emailed APM'11O3DPR Dual Printer $500.00 APM'11155CV Coin Vault $250.00 APM'1127CMUCDMA Modem Upgrade from GPR5(3Q). $1O0.0O APM'2005MA webASLAN Software Change-application, configuration, rate, key file $575.00 APM'311OTPDBiteLSllcketRo|b' PayandDisplay4,OOOTicketsperroU (non-custom). $6S.DO APM'2003MA Pay by Phone Integration One time setup charge, not a per meter fee. $750.00 Model/Index Description MSRP APM'2001MA ASLAN Set Up License Fee $700.00 Includes 1 WEBMIS login for credit card. Additional login accounts$50 each. Monthly Softw re Service-Amano McGann Hosted Required for Communication,Alarms and Credit Card Processing APM-2030MA webASLAN Hosting SaaS $17.00 Merchant Gateway Service Required for Credit Card Processing APM-2035MA Credit CaU Merchant Fee $18.00 Required for Communication,Alarms and Credit Card Processing Pay and Display APM'5051 KORE GPRS/GSM 5mb $15'00 GPRS/GSM AT&T Pay and Display. APM'2050 KORE CDMA 5mb $15.00 CDMA Verizon Airtime Pay and Display. Page P.5 of 25