HomeMy WebLinkAboutReso 2014-2206RESOLUTION NO. 2014 -�U(
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING AN
AGREEMENT WITH HARRINGTON RESOURCES,
INC. /PARKER SYSTEMS FOR THE RENEWAL AND PAYMENT
OF EXTENDED HARDWARE AND SOFTWARE WARRANTIES
AND TIER II MAINTENANCE AND SUPPORT FOR SEVENTEEN
(17) "LUKE" MASTER METERS, IN AN AMOUNT NOT TO
EXCEED THIRTY THOUSAND DOLLARS (530,000.00),
ATTACHED HERETO AS EXHIBIT "A "; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach owns seventeen (17) Parker Citywide parking
pay stations of which eleven (11) are operational in municipal lots throughout the community,
and six (6) are being held in storage until the opening of the garage at Gateway Park; and
WHEREAS, the Warranty for the pay stations expire one (1) year after delivery and
require an annual renewal for the Extended Warranty on all 17 pay stations at a cost of $1,000.00
per machine, and the Tier II Support and Maintenance Contract provides on -site preventative
maintenance. and on -site support and technical assistance at a annual fee of $500.00 per pay
station and applies only to the eleven (11) machines currently in operation; and
WHEREAS, since payments are based on expiration dates, warranties and service
agreements for eleven (1 1) pay stations will be renewed this fiscal year (for Tier II Support and
Warranty) and six (6) for Warranty, in an amount not to exceed Thirty Thousand Dollars
($30,000.00); and
WHEREAS, the City wishes to enter into an Agreement with Harrington Resources,
Inc. /Parker Systems (sole source distributor) to provide Extended Warranties and Tier II
Maintenance and Support for the City's "Luke" Master Meters for the fiscal period ending
September 30, 2014, in an amount of Twenty -Four Thousand Two Hundred Forty -Six Dollars
and Fourteen Cents ($24.246.14), attached hereto as Exhibit "A ", plus a contingency amount of
Five Thousand Seven Hundred Fifty -Three Dollars and Eighty -Six Cents ($5,753.86), for a total
amount not to exceed Thirty Thousand Dollars ($30,000.00).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Agreement. The City Commission hereby approves the Agreement
with Harrington Resources, hic. /Parker Systems for extended hardware and software warranties
and Tier 11 Maintenance and Support for the City's seventeen (17) "Luke" Master Meters, in an
amount not to exceed Thirty Thousand Dollars ($30,000.00).
82014 Parker J%,tcros NhStcr Nlctcrs Y!igc I u( 2
Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution
Section 3. Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 20 °i day of February 2014.
ATTEST:
Jane A. Hines, MMC, City Clerk
APPROVED AS TO FORM
AND LV--OAL_SUFFICIENCY:
City Attorney
Vote: 5-0
L�
orman S. Edelcup,
Moved by:
Seconded by: Cb" ` C� ATT'(0
Mayor Edelcup
Yes)
(No)
Vice Lewis Aelion
(Yes)
(No)
Commissioner Gatto
(Yes)
(No)
Commissioner Levin
(Yes)
(No)
Commissioner Scholl
(Yes)
(No)
A2014- Parker Scstcros Mastcr %Icrcrs Pagc 2 of 2
SUNNY -�Sf
n
4' AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH
AND HARRINGTON RESOURCES, INCRARKER SYSTEMS
CONTRACT NO. C 1314 -026
THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made in duplicate.
this / Af day of February 2014, by and between the CITY OF SUNNY ISLES I31"'ACH,
(hereinafter referred to as '"City"), and HARRINGTON RESOURCES, INCJPARKER
SYSTEMS, a corporation authorized to do business in the State of Florida (hereinafter referred
to as "Contractor -) whose Federal I.D. 4 is 51--:3. 57504
RECITALS
WHEREAS, the City is in need of contractor to provide on -site preventative
maintenance, on -site support and technical assistance to pay stations within the City
(-Services")-, and
WHEREAS, Contractor has expressed the ability and desire to provide these Services
subject to the terms and conditions contained herein; and
WHEREAS, the City desires to contract with Contractor to provide the Services, as more
fully described in Attachment "A" which is attached hereto; and
WHEREAS, the City desires to enter into an Agreement with Contractor to provide the
Services in a total amount not to exceed Twenty- Four'I'housand 'l'wo llundred Forty -Six Dollars
and Fourteen Cents ($24,246.14), with a contingency fee of Dive 'Thousand Seven Ilundred
Fifty -Three Dollars and Eighty -Six Cents ($5,753.86) for a total contract 11110ullt not to CXCCed
'I'hirty Thousand Dollars ($30,000.00) fur the fiscal year ending September 30. 2014.
NOW THEREFORE, in consideration of the foregoing and for the mutual covenants.
representations and warranties and other good and valuable consideration, the receipt and
adequacy of which is hereby acknowledged, the parties agree as follows:
1. RECITALS. The Recitals set forth above are hereby incorporated into this agreement
and made a part hereof for reference.
2. SERVICES. Contractor shall provide on -site preventative support and maintenance
services to pay stations within the City, as more particularly described in Attachment "A"
attached hereto and made a part hereof:
3. "TERM AND RENEWAL TERM. Subject to the provisions relating to the terminatioll
of this Agreement as set forth in Section 7 below, this Agreement shall commence front the date
of CXCCUtion of this Agreement and shall terminate September 30, 2014. The city reserves the
right to extend the Services lilt lour (4) optional one year renewal terms at the discretion of the
City.
4. COMPENSATION. The Contractor agrees to provide the Services in a total amount not
to exceed Twenty -Four Thousand Two i iundred Forty -Six Dollars Fourteen Cents ($24,246.14),
with a contingency fee of Five Thousand Seven hundred Fifty -Three Dollars Eighty -Six Cents
($5,753.86) for a total contract amount not to exceed Thirty Thousand Dollars ($30,000.00) for
the perlbrmancc of the Services under this Agreement.
Contractor agrees that the prices for all charges and tasks under this Agreement, as more
particularly described in Attachment 'W', shall remain fixed during the first optional one year
renewal term. Prices are subject to revision by Contractor upon the City's exercise of its second
optional one year renewal term, and every two years thereafter, in an amount not to exceed 2%
(two percent) of the prices for all charges and tasks described in Attachment 'W'.
Payment to Contractor for all charges and tasks under this Agreement shall be in accordance
with this Agreement and the schedule of charges reflected under the following conditions:
a. Disbursements. There are no reimbursable expenses associated with this
contract.
b. Payment Schedule. Invoices received from the Contractor pursuant to this
Agreement will be reviewed by the initiating City Department. If services have
been rendered in conformity with the Agreement, the invoice will be sent to the
Finance Department Im payment. Invoices must reference the contract number
assigned hereto. Invoices will be paid in accordance with the State of Florida
Prompt Payment Act.
C. Availability of Funds. The City's perlormance and obligation to pay under this
Agreement is contingent upon an annual appropriation for its purpose by the City
Commission.
d. Final invoice. In order for both parties herein to close their books and records.
the Contractor will clearly state `'final invoice" on the C'ontractor's final/last
billing to the City. This certifies that all services have been properly performed
and all charges and costs have been invoiced to (lie City. Since this account will
thereupon be closed, any other additional charges, if not properly included on this
final invoice, are waived by the Contractor.
Contractor shall make no other charges to the City for supplies, labor, taxes. licenses, permits,
overhead or any other expenses or costs unless any such expense or cost is incurred by
Contractor Nvith the prior written approval of the City. 11' the City disputes any charges on the
invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor. Contractor shall not
pledge the City's credit or make it a guarantor of payment or surety for any contract, debt.
obligation, judgment, lien, or any form of indebtedness. The C'ontr'actor further warrants and
represents that it has no obligation or indebtedness that would impair its ability to liillill the
terms of this Agreement.
('1311-026 I';11ZMA SYS I FNIS rage 2 of'8
5. INDEPENDENT CONTRACTOR RELATIONSHIP. The Contractor is an
independent contractor and shall be treated as such for all purposes. Nothing contained in this
agreement or any action of the parties shall be construed to constitute or to render the Contractor
an employee, partner, agent, shareholder, officer or in any other capacity other than as an
independent contractor other than those obligations which have been or shall have been
undertaken by the City. Contractor shall be responsible for any and all of its own expenses in
performing its duties as contemplated under this agreement. The City shall not be responsible
for any expense incurred by the Contractor. The City shall have no duty to withhold any Federal
income taxes or pay Social Security services and that such obligations shall be that of the
Contractor, other than those set forth in this agreement. Contractor shall furnish its own
transportation, office and other supplies as it determines necessary in carrying out its duties
under this agreement.
6. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any
work being performed under this Agreement, procure and maintain the following minilllum
insurance coverages to protect the City and Contractor against all loss, claims, damage and
liabilities caused by Contractor, its agents, or employees, as indicated below:
❑ Comprehensive General Liability Insurance. Including broad form
contractual liability coverage for all operations, including, but not limited
to, contractual, products, and completed operations, personal injury and
property damage liability with minimum limits of One Million Dollars
($1,000,000) per occurrence and Two Million Dollars ($2,000.000.00)
aggregate.
rl Worker's Compensation. as required by law. but no less than
$1,000,000.00 for Employer's Liability.
❑ Business Automobile Liability which shall include coverage for all owned.
non-owned and hired vehicles for minimum limits of not less than One
Million Dollars ($1,000,000) per occurrence, One Million Dollars
($1,000.000) per accident for bodily injury and Dive Hundred Thousand
Dollars ($500,000) per accident for property damage.
insurance regUired of the Contractor Shall be primary to, and not contribute with, any insurance
or self- insurance maintained by the City. Such insurance shall not diminish Contractor's
indemnification and obligations hereunder. "i'lie insurance policy(ies) shall be issued by
companies authorized to do bliSilless under the laws of the State of Florida and acceptable to the
City with a minimum A.M. Best rating of A- Excellent. Before any work under this
Agreement is performed, and at any time upon request, Contractor shall furnish to the
City certificates of insurance evidencing the minimum required coverage and shall be
appropriately endorsed for contractual liability, with the City named as additional insured.
All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall
be in forms and issued by insurance companies acceptable to the City Manager or his designee.
All insurance policies and certificates of insurance shall provide that the policies may not be
canceled or altered without thirty (30) days prior written notice to the City. The City reserves the
C131-1-026 - PAl KER SY S 11AIS Page 3 ol,8
right From time to time to change the insurance coverage and limits of liability required to be
maintained by Contractor hereunder. Contractor shall also require and ensure that each of its
sub - contractors providing services hereunder (if any) procures and maintains, until the
completion of the services, insurance of the types and to the limits specified herein. ANY
EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE
APPROVED IN WRITING BY THE CITY.
7. TERMINATION AND REMEDIES FOR BREACH.
A. If, through any cause within reasonable control, the Contractor shall fail to fulfill
in a timely manner or otherwise violate any of the covenants, agreements or
stipulations material to this Agreement, the City shall have the right to terminate
the Services then remaining to be performed. Prior to the exercise of its option to
terminate for cause, the City shall notify the Contractor of its violation of the
particular terms of the Agreement and grant Contractor ten (10) days to cure such
default. If the default remains uncured after tell (10) days the City may terminate
this Agreement, and the City shall receive a refund from the Contractor in an
amount equal to the actual cost of a third party to cure such failure. if Contractor
fails, refuses or is unable to perform any term of this Agreement, City shall pay for
services rendered as of the date of termination.
(i.) In the event of termination, all finished and unfinished documents, data and
other work product prepared by Contractor (and sub Contractor (s)) shall be
delivered to the City and the City shall compensate the Contractor for all
Services satisfactorily performed prior to the date of termination, as provided
in Paragraph 4 herein.
(ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability
to the City for damages sustained by it by virtue of a breach of the Agreement
by Contractor and the City may reasonably withhold payment to Contractor
for the purposes of set -off until such time as the exact anloult of damages due
the City from the Contractor is determined.
B. Termination for Convenience of City. The City nnay, for its convenience and
without cause terminate the Services then remaining to he performed at any time
by giving Contractor ten (10) days written notice. "I'he terms of Paragraph A(i) and
A(ii) above shall be applicable hereunder.
C. Termination Im Insolvenev. The City also reserves the right to terminate the
remaining Services to be performed in the event the Contractor is placed either
in voluntary or involuntary bankruptcy or makes any assignment for the benefit
of creditors.
1). Refund. In the event of termination of this Agreement by the Cit}, either I'or cause
or for the City's own convenience, the City shall receive a pro -rata refund from the
Contractor in an amount equal to the then existing unexpired remaining term.
CI314-026 PARKERSYS11AIS Page'tot8
8. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute
or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in
accordance with the procedures, rules and regulations of the American Arbitration Association.
The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment
upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
Arbitration shall be held in Mianli -Dade County, Florida. All costs of arbitration and attorneys'
fees incurred by the parties shall be paid by the non- prevailing party or, if neither party prevails
on the whole, each party shall be responsible for a portion of the costs of arbitration and their
respective attorneys' fees as may be determined by the court on confirmation.
9. CONFIDENTIAL INFORMATION. 'The Contractor shall not, either during the term
of this Agreement or any time for it period of ten (10) years subsequent to that date upon which
the Contractor shall leave the employment of the City for any reason whatsoever. disclose to any
person or entity, other than in the discharge of the duties of the Contractor under this Agreement.
any llllormatlon which the City designates in writing as "confidential." As a violation by the
Contractor of the provisions of this Section could cause irreparable injury to the City and there is
no adequate remedy at law for such violation, the City shall have the right, in addition to any
other remedies available to it at law or in equity, to enjoin the Contractor from violating such
provisions.
10. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby
knowingly, voluntarily and intentionally, waive the right which any may have to a jury trial in
respect of any action, proceeding, litigation or counterclaim based hereon or arising out of.
under, on or in connection with this agreement or any course of conduct, course of dealing.
statements (whether verbal or written) or actions of either of party.
11. NOTICES. All notices and other con1111Utilcatlons required or permitted to be given
under this Agreement by either party to the other shall be in writing and shall be sent (except as
otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return
receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier
service, or (iii) by facsimile with confirnlafion receipt (with a copy simultaneously sent by
certified or registered mail, first class postage prepaid, return receipt requested or by overnight
delivery by traditionally recognized courier service), addressed to such party as follows:
If to the City:
Christopher .I, Russo
With a cope to:
City Manager
I Tans Ottillot
City of Sunny isles Beach
City Attorney
18070 Collins Ave. Fourth Floor
City of Sunny Isles Beach
Sunny Isles Beach, Florida 3 3160
18070 Collins Ave. Fourth floor
Tel: (305) 792 -1701
Sunny Isles Beach, Florida 33160
Tel: (305) 792 -1702
If to the
Lynda i larrington
Contractor:
ilarrington Resources inc. /Parke►
Systems
974 Cherry Valley Way
Orlando, FI. 32828
_
C1114-020 PARKER SYS ] I A1S Page 5 oP8
7)432-0869
12. GOVERNING LAW. "['his Agreement
accordance with the laws of the State of Florida.
Florida.
shall be governed by and construed in
Venue shall be in Miami -Dade County,
13. AUDIT. The Contractor shall make available to the City or its representative all required
financial records associated with the Agreement for a period of Tlu•ee (3) years.
14. NON - DISCRIMINATION. The Contractor agrees to comply with all local and state
civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII
of the Civil Rights Act of' 1968 as amended, Title i of the Mousing and Community
Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order
1 106 3, and with Executive Order 1 1248 as amended by Executive Orders 11375 and 12086.
The Contractor will not discriminate against any employee or applicant for employment because
of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age.
marital /familial status, or status with regard to public assistance. The Contractor will take
affirmative action to insure that all employment practices are free from such discrimination.
Such employment practices include but are not limited to the following: hiring, upgrading,
demotion, transfer, recruitment or recruitment advertising, layoff, termination. rates of pay or
other forms of compensation, and selection for training, including apprenticeship. 'the
Contractor agrees to post in conspicuous places, available to employees and applicants for
employment, notices to be provided by the City setting forth the provisions of this non-
discrimination clause. The Contractor agrees to comply with any Federal regulations issued
pursuant to compliance with Section 504 of the Rehabilitation Act of' 1973 (29 U.S.C. 708),
which prohibits discrimination against the handicapped in any Federally assisted program.
15. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by
the Mitimi -Dade County Conflict of Interest Ordinance Section 2 -1 1.1, as amended, and by the
City of Sunny Isles Beach Ordinance No. 99 -82, which are incorporated by reference herein as if
Fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
which should conflict in any manner or degree with the performance of the Services. "I he
Contractor further covenants that in the performance of this Agreement, no person having any
such Interest shall knowingly are employed by the Contractor. Tile Contractor guarantees that
he /she has not offered or given to any member of, delegate to the Congress of the United States.
any or part of this contract or to any benefit arising therefrom.
16. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
the Fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents.
representatives, officers, directors, officials and employees from and against claims. damages,
losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of
appellate proceedings) relating to, arising Out Ot or resulting 11'0111 the Contractor's negligent acts,
errors, mistakes or omissions relating to professional services in the performance of this
01314 -026 PARKI`.RS }'SI1AIS 11age6of'K
Agreement. the Contractor's duty to defend, hold harmless and indemnify the City. its agents.
representatives, officers, directors, officials and employees shall arise in connection with any
claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or
injury to impairment, or destruction of tangible property Including loss of use resulting
therefi•onl, caused by any negligent acts, errors, mistakes or omissions related to professional
services in the performance of this Agreement including any person for whose acts, errors,
mistakes or omissions the Contractor may be legally liable. The parties agree that One I lundred
Dollars ($100.00) represents specific consideration to the Contractor liar the indemnification set
forth in this Agreement.
17. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
ordinances of any federal, state, or local governmental authority having jurisdiction with respect
to this Agreement ( "Applicable Laws") and shall obtain and maintain any and all material
permits, licenses, approvals and consents necessary for the lawful conduct of the activities
contemplated under this Agreement.
18. CONFLICTING PROViSIONS. if there is a conflict or inconsistency between any
term, statement, requirement, or provision of any exhibit attached hereto, any document or
events referred to herein, or any document incorporated herein by reference, and a term,
statement, requirement or provision of this Agreement, the terms and conditions in this
Agreement shall supersede and take priority over any other conflicting provisions that are
contained in any other document, including but not limited to the Contractor's proposal
contained in Attachment "A ".
19. AVAiLABILYIN OF FUNDS. This Agreement is executor only to the extent of City
funds approved and appropriated for this specific purpose by the City Commission. Ill Is
Agreement shall be subject annually to the availability and appropriation of funds. If the City
should not appropriate or otherwise make available funds sufficient to purchase, lease, operate or
maintain the Services procured pursuant to this Agreement, either during the initial terns or any
optional renewal term, the City may unilaterally terminate any and all contractual or other
obligations herein without any further liability or penalty upon twenty (20) days notice to
Contractor. Any obligation for payment under this Agreement shall be made solely from
appropriated funds. The City shall have no legal or equitable obligation to approve any funds in
the future and in the event of the City's decision not to approve and appropriate any additional
funds the City shall have no further liability to Contractor.
20. MISCELLANEOUS.
A. In the event any provision of this Agreement is found to be void and
unenforceable by a court of cornlpetent jurisdiction, the remaining provisions of this Agreement
shall nevertheless be binding upon the parties with the same effect as though the void or
unenforceable provisions had been severed and deleted.
B. This Agreement may be executed in multiple identical counterparts, each of
which shall be deemed an original for all purposes.
('13 14-026 I'ARKI 'I R SYS I FAIIIN Page 7 of 8
C. No waiver of any provision of this Agreement shall be valid or enforceable unless
such waiver is in writing and signed by the party granting such waiver.
1). This Agreement contains the entire agreement of the parties, and may be
amended, waived, changed, modified, extended or rescinded only by in writing signed by the
party against whom any such amendment, waiver, change, modification, extension and /or
rescission is sought.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate on the day and year first written above.
WITNESS:
J
Signature
Print Name
AT
13Y
MC, City Clerk
('13 14-026 - PARKER SYS II:NIS Pngr 8 of 8
HARRINGTON RESOURCES,
INC. /PARKER SYSTEMS
ICY:_:- --
Lynda l larrington, resident
CITY OF SUNNY ISLES 13EACH
N -man S. I ;dcicup, Mayor
APPROVED AS TO FORM AND
LEGAL SU�V191ENCV
// I
x itino—
t, City Attorney
I larrington Resources, Inc. / Parker Systems
974 Cherry Valley Way
ORLANDO, FL 32828
(407)482 -8006
lynda(rr>parkersystemsplace.com
http:; parkersystentsplace.coin
7:;� -1
City ol, Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Invoice
Date j Invoice No.
1113!2013 2013 -0457
[_ Terms [ Due Date .
Net 30 12/13 2013
j Amount Due ! Enclosed
$24,124.87
• Partial Tier 11 Support and Maintenance for 2013: 4 pay stations 13 41.66
(a 5500.00 /year /machine for total of' 13 numths = S41.66 per month -
Heritage (4 months - expired 517/13 = $166.64), Heritage 2nd floor 0 months -
expired 5!7/13 = $166.64), North Bay Road (1 Month - installed 9.113 = 541.64). Pier
Park (4 months - Installed 6/1!13 S166.64) Total for partial on these four = 13
months x S41.66.
• Annual Tier 11 Support and Maintenance - Fiscal 2013 -2014; 11 Pay Stations x 1 1 500.00
5500 /year:
(Idlen Wynn ft300009230085, heritage SW Corner # 3000113 10274, I leritage Ist
Floor # 300011 150018, Heritage 2nd Floor #30001 1150017, Bella Vista #
300011310272, Municipal # 1000091 10057, William Lehman West tr
300009340020 , William Lehman East #300009230086, William Lehman Ramp #
3000113 10277, North Bay Road # 3000113 10279, Pier Park # 3000113 10278 ).
Support period 10/ 1 i 1 3 through 9/30,,2014.
• Partial Extended Hardware and Software Warranty for 2013: 13 83.33
4 pay stations (ii, S 1000.00 /year /machine for total of' 13 months — S83.33 per month -
let itage (4 months - expired 5/7'13 = S333.31 I leritage 2nd Floor (4 months -
expired 5/7/13 5333.32), North Bay Road (1 Month - installed 9`13 — $83.33), Pier
Park (4 months - Installed 6/1 /13 = $333.32) Total for partial on these lint — 13
months x 583.33 = S1083.29.
• Extended Hardware and Software Warranty - Fiscal 2013 -2014 ( 17) Pay Stations 17 1,000.00
(a S1000.00 each per year - Warranty period 10!1'13 through 9/30/2014
Helena,
Here is revised Invoice with details.
L
EXHIBIT "A"
Amount
. 541.58
5,500.0(1
1.083.29
17,000.00
Total] $24,124.87
PARKER SYSTEMS
Support and Maintenance Agreement
For Digital Payment Technologies' Pay Stations
PARKER SYSTEMS ( "DISTRIBUTOR" for Digital Payment Teclinologics) agrees to
provide the Support, Maintenance, and Preventative Maintenance Services specified
herein for City of Sunny Isles Beach ( "CUSTOMER ") who hereby subscribes to such
services, pursuant to the charges, terms and conditions as set forth herein.
GFNFRAL 7'ERNIS AND CONDITIONS
This agreement shall be in effect for one (1) year. This contract will be automatically
renewed for SUCCeSS1Ve periods of one year each at the prevailing rate, subject, however,
to the right of either party to terminate the contract at the end of the original, or any
renewal term by written notice to that elfeet, to the last known principal office of the
other party at least thirty days prior to the designated termination date.
PARKER SYSTEMS inay terminate this agreement upon fifteen (15) days notice for
CUSTOMER'S failure to remit timely payments as set forth Below.
In these TERMS and CONDITIONS. the following words have the following meanings:
"DPT" means Digital Payment Technologies, the manufacturer of the Payment Stations
who is located at 4105 Grandview Highway, Burnaby, BC Canada V5C 0134.
"CUSTOMER" means a person or entity who purchased Payment Stations and/or
Software directly from the DISTRIBUTOR and who wishes to subscribe to these
services.
"DISTRIBUTOR" nlcans the DPT Authorized Reseller and Support Agency from which
the DPT Equipment was purchased. For the purposes ofthis Agreement, the
DISTRIBUTOR referred to is PARKER SYSTEMS, a Florida Corporation located at
12938 Mallory Circle, 4102, Orlando FL 32828.
"PAY STATION" means a DPT Payment Station for which the DISTRIBUTOR will
provide maintenance and support services as outhnc herein.
"SOFTWARE" nlcans the I)PT software to be installed on a CUSTOMER PC for use
with one or more Payment Stations.
SERVICES PROVIDED
Hardware
All DPT Pay Stations come with it one year parts and labor warranty. Warranty
commences (7) days from date of shipment. All malfunctioning parts will be either
repaired or replaced by the DISTRIBUTOR, either through assistance via telephone or
on -site. Defective part replacements will be shipped within (2) business days Monday
through Friday from Canada, and /or within (1) day fi-om Orlando.
Repairs or replacement parts required as a result of rust or corrosion, damage due to
accident, improper handling or operation, shipping damage, abuse, misuse, unauthorized
repairs or attempted repairs, vandalism or "Acts of cod" are not included.
if an electrical or mechanical repair becomes necessary, the C'UST'OMER must obtain a
RETURNING MATERiALS AUTHROZATION (RMA) number prior to returning any
parts. This number must be included with any returns.
If the CUSTOMER experiences hardware performance problems with the DIGITAL
PAYMENT TECHNOLOGIES ( "DPT) Pay Station, the CUSI'OMER must notify the
DISTRIBUTOR by telephone or email for verification ofthe problem(s) and to arrange
for service /trouble shooting of the equipment. Should remote diagnosis of the problem
not be successful, DISTRIBUTOR will make a site visit to remedy the issue, make
repairs, or determine replacement parts required.
To obtain warranty service for DPT Pay Stations, the DISTRIBUTOR must be contacted.
The DISTRIBUTOR must contirm ifthe equipment is experiencing a problem covered
Under Warranty, and will repair, or at its discretion, exchange equipment which does not
conform to the warranty. Warranty services may be performed at the CUSTOMER'S
location, at a service center, or via other means.
Standard terns for malfunctioning equipment hardware under warranty are Return to
Depot, where CUSTOMER is liable for one way shipping costs, and DISTRIBUTOR is
liable for all parts and labor. When possible, arrangements may be made to ship
replacement parts and installation instructions to the CUSTOMER. II'a trip to the
CUSTOMER site is required after trouble shooting via telephone or email, the
CUSTOMER will incur no additional expenses for this trip.
Routine functions typically perlbrmed by the Customer include:
• EMS Monitoring of Pay Stations for Alerts or Alarms
• Reloading paper
• Fixing paper jams, coin jams and /or bill Janis
• Revenuc collection
• Uploading pay station configurations
• C'oniiguration changes, ail(l adillinistratve maltltenance of BOSS (Back Office
System Software)
• Distribution of (leslccant (as required) in moisture rich environments
• Routine Maintenance functions as outline in attached "Appendix A" -
Maintenance Schedule
Sof fare Updates
The DISTRIBUTOR may periodically provide sollware updates at no additional cost to
the CUSTOMER. The software updates may include modifications, program
enhancements, de- bugging, and /or new features.
This section will not be interpreted to require the DISTRIBUTOR to either develop and
release updates or customize the updates to satisfy CUSTOMER'S particular
requirements unless agreed nl)On in the Initial purchase
Updates will not include any new products which DISTRIBUTOR or DP"f decides to
slake generally available as it separately priced option.
Operating System Support
DISTRIBUTOR will provide the first level of assistance lur routine questions about
system administration and other operating system issues. Where first level assistance is
not sufficient in resolving sollwarc issues, the DISTRIBUTOR will facilitate third party
assistance front DPT via telephone, email or PC Charge.
Telephone and On -Site Support
Phone assistance and sUPPOrt to evalUatC and diagnose hardware or software issues will
be available horn 9:00 a.m. to 6:00 p.m. EST Monday through Friday, excluding
holidays. Request for support and /or assistance calls shall be made to: PARKER
SYSTEMS at 407- 432 -0869, or 407 - 482 -8006, or by enlail to
lynch(u;lrukeitiyst insplacc.con� oi- ph,ilia Iru�k��i ystemshlac��.e(>u� .
Every cltbrt will be made to return emergency /critical Phone calls within ( I ) hour. All
non - critical calls will be returned within (4) hours, and on site visits Tilt repair or
assistance made within a reasonable anulunt oftinlc (generally 24 hours) after initial call.
As a course of immediate resolution, and at the C'LJSTOMER'S discretion, actions to
include detailed instructions via the phone may be requested to resolve specific issues.
On -site visits shall be scheduled Monday through Friday, 9ANl to 6 PM, unless otherwise
mutually agreed in emergency situations.
Charges
CUSTOMER shall pay a one time annual fee of 5500.00 Per pay station, Per year, for
services Pursuant to this agreement. Payment is due and payable one year in advance.
Prices are subject to revision by DISTRIBUTOR upon renewals of this agreement outside
of the first (2) year period.
Liability
The DISTRIBUTOR shall not be liable for lailurc to perform its obligations hereunder,
and such failure to perform shall not constitute a breach of this agreement, when repair of
the equipment is required as a result of accident, misuse, abuse, unauthorized repairs or
attempted repairs, vandalism or "Acts of God". Additionally, tic DISTRIBUTOR shall
not be liable for delays or failure to perform under this agreement for causes beyond its
reasonable control during the period of time that such causes are existent.
Indemnification
The CUSTOMER agrees to indemnify and hold the DIS`rRIBU fOR, its directors,
officers, employees and agents from, and against, any and all liability, claims, expenses,
damages, causes of action, SUItS Or It►dgI11Cnts arising out ofany actions ol'Subscriber's
employees or agents.
Unauthorized Repair
CUSTOMEIZ hereby agrees that no unauthorized repairs or attempted repairs of the
equipment shall be made by C'USTOMER'S employees, agents, or by third parties. In the
event that such unauthorized repair or attempts to repair result in service being performed
by the DISTRIBUTOR which would not have been required in the absence of such
tlnaUtI101 "1zed repairs or attempted repairs, the DIS rRIBU TOR Shall charge the
CUSTOMER fOr such additional required service, and CUSTOMER hereby agrees to
pay such additional service charges.
Repair Parts
All parts which are removed from the equipment and replaced shall become the property
ofthe DISTRIBUTOR.
Entire Agreement, Applicable Law
This agreement constitutes the entire agreement between the DISTRIBUTOR and the
CUSTOMIIZ, and there are no promises or representations other than set lorlh herein.
This agreement may only be modified or amended upon written agreement by both
parties, and executed by duly authorized officers or agents thereof.
This agreement is made and entered into this day of 2014,
by and between City of Sunny Isles Beach (hereinafter referred to as
the "CUSTOMER ") and PARKER SYSTEMS (hereinafter referred to as the DISTRIBUTOR ").
Contract Period and Details:
Annual Tier 11 Support and Maintenance - Fiscal 2013 - 2014; 11 Pay Stations K 5500 /year (Ellen
Wynn 41300009230085, Heritage SW Corner # 30001 1310274, 1leritage 1s( Floor it
30001 1 150018, 1 leritage 2nd Floor #300011150017, Bella Vista # 30001 1310272, Municipal #
1000091 10057, William Lehman West # 300009340020 , William Lehman Fast #300009230086.
William Lehman Ramp # 300011310277, North Bay Road # 300011310279, Pier Park 0
300011310278 ) Renews through 9/30/2014).
Should additional unis be installed/added to system, they will be prorated to fall under same
contract period as above.
WITNFSSETII
Lynda Harrington, President
PARKER SYSTEMS
City of Sunny Isles Beach
Date
Date
APPENDIX A
Maintenance Schedule
Regular maintenance and preventative maintenance of the LUKE II Payment
Station is required to keep the Payment Station operating efficiently and trouble -
free. Maintenance kits with the appropriate cleaners and lubricants are available
from the DISTRIBUTOR.
A routine maintenance schedule is also recommended. Following is the
minimum maintenance and preventative maintenance program recommended.
Once or More a Week — To be performed by the Customer
• Inspect unit for damage
• Inspect coin acceptor pathway
• Inspect bill validator pathway
• Clean bill validator with presoaked cleaning pad
• Purchase credit card test ticket
• Check battery voltage ( >12v)
• Ensure chargers have power
• Check paper roll length
Every Six to Eight Weeks — To be performed by Distributor
• Clean printer with pre- soaked cleaning pad
• Lubricate hinges and locks if Payment Station is located near salt water
• Clear printer of paper dust
• Clean credit card reader
• Clean bill validator
• Clean sensors and coin tracks
• Clean Solar panel, and check connections
• Inspect coin bag for wear
• Blow out bill stacker with compressed air
• Wipe coin acceptor pathway with wipes
• Perform EMS connectivity tests
• Filed test all components
Every Three Months - To be performed by Distributor
• Lubricate hinges and locks
• Lubricate coin acceptor return bar
• Clean and wax cabinet exterior
Every Six Months - To be performed by Distributor
• Change access passwords (or with staff change)
• Confirm programming is correct and assist with necessary changes
• Check cable tie paths
• Check alarm module
• Check for loosened nuts
• Inspect wear on plastic parts
This agreement is made and entered into this day of 2014,
by and between City of Sunny Isles Beach (hereinafter referred to as
the "CUSTOMER ") and PARKER SYSTEMS (hereinafter referred to as the DISTRIBUTOR ").
Contract Period and Details:
Annual Tier II Support and Maintenance - Fiscal 2013 -2014; 11 Pay Stations x $500 /year (Ellen
Wynn #300009230085, Heritage SW Corner # 300011310274, Heritage Ist Floor #
300011150018, Heritage 2nd Floor #300011150017, Bella Vista # 300011310272, Municipal #
100009110057, William Lehman West # 300009340020, William Lehman East #300009230086,
William Lehman Ramp # 300011310277, North Bay Road # 300011310279, Pier Park #
300011310278 ) Renews through 9/30/2014).
Should additional unis be installed/added to system, they will be prorated to fall under same
contract period as above.
WITNESSETH
Lynda Harrington, resident
PARKER SYSTEMS
City of Sunny Isles Beach
Date
vzi�z //Z/
ate
TO:
VIA:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949 -3113 Fax
MEMORANDUM
The Honorable Mayor and City Commission
Christopher J. Russo, City Manager
Stan Morris, Deputy City Manager
2/20/2014
Renewal and Payment of the Extended Warranty and Maintenance
for Citywide Parking Pay Stations
RECOMMENDATION:
It is recommended that the City Commission approve the renewal and payment
of the extended warranty and maintenance contract with Harrington Resources
Inc. /Parker Systems (sole source distributor) for seventeen (17) parking pay
stations in an amount not to exceed Thirty Thousand Dollars ($30,000.00).
REASONS:
Presently, the City owns seventeen (17) Parker pay stations of which eleven (11)
are operational in municipal lots throughout the community, and six (6) are being
held in storage until the opening of the garage at Gateway Park. The warranty for
the pay stations expires one (1) year after delivery and requires an annual
renewal for the extended warranty on all seventeen (17) pay stations at a cost of
$1,000.00 per machine. The extended warranty covers the hardware (e.g.
components of the pay station except for locks, paint, batteries, vandalism,
mistreatment, and /or natural disaster, etc.) and software upgrades.
The Tier II Support and Maintenance Contract provides on -site preventative
maintenance, and on -site support and technical assistance for those issues that
cannot be resolved by City staff (e.g. parking enforcement officer). If there is a
problem with a machine that the parking enforcement officer is unable to fix, then
unlimited on -site service is provided at no additional charge. The annual fee for
the service agreement is $500.00 per pay station and applies only to the eleven
Agenda Item No. I OX
Date 2120/2014
397
(11) machines that are currently in operation.
This fiscal year, the initial renewal of the warranty and service agreement is
divided between FY2012/2013 and FY2013/2014. Since the payments are based
on expiration dates, eleven (11) pay stations will be renewed this fiscal year (for
Tier II Support and Warranty) and six (6) for Warranty. However, the renewal of
the extended warranty and the service contract will be entirely funded in
subsequent years, which will cover all seventeen (17) pay stations.
Approval of this resolution will extend the life of the pay stations, which will be
regularly maintained and serviced by Parker Systems.
FUNDING SOURCE:
Funding is available in the current fiscal year's budget account #10- 525 -5394
and is proposed in next fiscal year's budget.
ATTACHMENTS:
• Resolution
• Agreement
Agenda Item No. IOX
Date 2/20/2014
398