HomeMy WebLinkAboutReso 2025-3888RESOLUTION NO. 2025 -
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING AN AGREEMENT WITH ETA PHI SYSTEMS, INC., d/b/a ETA
TRANSIT SYSTEMS FOR TRANSIT ASSET MANAGEMENT AND INTELLIGENT
TRANSPORTATION SYSTEMS SOFTWARE, IN AN AMOUNT NOT TO EXCEED FOUR
HUNDRED SEVENTY-EIGHT THOUSAND ONE HUNDRED SEVEN DOLLARS AND NO
CENTS ($478,107.00); AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") is committed to enhancing the
efficiency, reliability, and responsiveness of its public transportation services; and
WHEREAS, Brevard County, FL, issued a Request for Proposal for In$elligent Transportation
System ("ITS") Software, and entered into an Agreement with ETA PHI stems, Inc., d/b/a ETA
Transit Systems (the "Vendor") was awarded the contract to provide 21 services; and
WHEREAS, the Vendor is a leading provider of fixed -route Computer -Aided Dispatch
("CAD") and Automatic Vehicle Location ("AVL") software, offering cloud -based ITS solutions that
enable real-time vehicle tracking, data analysis, and operational optimization (collectively the
"SPOT System"); and
WHEREAS, the Vendor's SPOT System integrates with existing onboard hardware on the
City's shuttle buses and will provide fixed base route system, GTFS-RT (Real-time GPS/Arrivals-
Departures), automatic voice announcements (AVA), infotainment LCD screens, digital vehicle
inspection records (DVIR), and onboard cellular routers; and
WHEREAS, the Vendor is a licensed and insured company who have expressed their ability
and desire to provide the SPOT System; and
WHEREAS, the SPOT System will be procured utilizing the same pricing and terms and
conditions under Brevard County's Contract No. RFP -519-15; and
WHEREAS, pursuant to Section 62-13 (C) of the City's Code of Ordinances, "Purchases made
under state general service administration contracts, federal, county or other governmental
contracts or competitive bids with other governmental agencies" are exempt for the competitive
bidding procedures; and
WHEREAS, the City Commission wishes to approve a five (5) year Agreement with the
Vendor for the SPOT System and recurring subscriptions, in an amount not to exceed Four
Hundred Seventy -Eight Thousand One Hundred Seven Dollars and No Cents ($478,107.00),
attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
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410
Section 1. Approval of Agreement. The City Commission hereby approves an Agreement with
with the Vendor for the SPOT System and recurring subscriptions, in an amount not to exceed Four
Hundred Seventy -Eight Thousand One Hundred Seven Dollars and No Cents ($478,107.00),
attached hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4. Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 18th day of p tuber, 2025.
Larisa Svechin, Mayor
ATTEST: APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
e
Mauri io Betancur, MC, City Clerk AI in E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
Moved by: VICS e 6WA' Seconded by:
Vote: /
Mayor Svechin ✓ (Yes)
Vice Mayor Lama • (Yes)
Commissioner Joseph (Yes)
Commissioner Stuyvesant (Yes)
Commissioner Viscarra (Yes)
(No)
(No)
(No)
(No)
(No)
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411
TRANSIT
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Table of contents
Table of contents .....................
Salesagreement............................................................................................................................................................................1
Parties..........................................................................................................................................................................................1
Overview.................................................................................................................................................................................:...1
Definitions....................................................................................................................................................................................1
Term, termination, and renewal................................................................................................................................................2
Term.................................................................................................................................................................................................
2
Annualrenewal and termination...................................................................................................................................................2
Termination.....................................................................................................................................................................................2
Suspensionof obligations.............................................................................................................................................................
3
Returnof software..........................................................................................................................................................................
3
Priceand payment.....................................................................................................................................................................
3
PiggybackProvision...................................................................................................................................................................3
Productsand services...............................................................................................................................................................3
ETAresponsibilities....................................................................................................................................................................4
Dutyto inform..................................................................................................................................................................................4
Informationrelease.........................................................................................................................................:...............................4
Responsibilities in attached agreements.....................................................................................................................................4
Customerresponsibilities..........................................................................................................................................................4
On-time payment............................................................................................................................................................................4
Dutyto inform..................................................................................................................................................................................4
Informationrelease.........................................................................................................................................................................5
Responsibilities in attached agreements.....................................................................................................................................5
Indemnificationand insurance.......................................:..........................................................................................................5
Indemnification................................................................................................................................................................................
5
Insurance.........................................................................................................................................................................................
5
Retention of ETA rights in hardware products............................................................................................................................6
Retention of ETA rights in software products..............................................................................................................................6
Independentcontractor..............................................................................................................................................................6
Generalprovisions.....................................................................................................................................................................7
Noticesand points of contact........................................................................................................................................................7
Noassignment...................................................:............................................................................................................................7
ii , Agreements D Table of contents > Parties Initials:
>,5
Priorityof agreements................................................................................................................................................................7
Partialinvalidity...........................................................................................................................................................................7
Governinglaw.............................................................................................................................................................................7
Authority.......................................................................................................................................................................................
7
Exhibitsand attachments..........................................................................................................................................................
8
Exhibit 1: ETA quotation or customer purchase order...............................................................................................................8
Exhibit 2: AddendumSystem subscription agreement...............................................................................................................8
Subscriptionagreement............................................................................................................................................................8
Subscription....................................................................................................................................................................................
8
Definitions........................................................................................................................................................................................
8
Term.................................................................................................................................................................................................
9
Quotation.........................................................................................................................................................................................9
Fees.................................................................................................................................................................................................
9
Services...........................................................................................................................................................................................
9
Customerobligations ................. ................................................... .....................................
............................................................. 9
Datastorage.................................................................................................................................................................................10
Wirelessdata policies..................................................................................................................................................................10
Ownership.....................................................................................................................................................................................11
Intellectualproperty......................................................................................................................................................................11
Remedies......................................................................................................................................................................................11
Waiver..........................................................:.................................................................................................................................12
Assignment...................................................................................................................................................................................12
Governinglaw..............................................................................................................................................................................12
Readand agreed by....................................................................................................................................................................12
Systemsupport agreement.........................................................................................................................................................13
Overview...................................................................................................................................................................................13
Hardwarewarranty and support.............................................................................................................................................13
Hardwarewarranty...................................................................................................................................................................13
Warrantyrepair policy..................................................................................................................................................................13
Exclusionsfrom warranty policy.................................................................................................................................................13
Warrantyservice...........................................................................................................................................................................14
Non -warranty repairs...................................................................................................................................................................15
Hardwaresupport rates...............................................................................................................................................................15
Customer hardware maintenance obligations..........................................................................................................................15
Initials: ETATransit , iii
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Software maintenance and support.......................................................................................................................................16
Softwareproducts........................................................................................................................................................................16
Software maintenance and support services............................................................................................................................16
Additionalsoftware services........................................................................................................................................................16
Softwareservice rates.................................................................................................................................................................16
Remotesoftware access.............................................................................................................................................................17
Systemwarranty and support.................................................................................................................................................17
System warranties (other than hardware and software product warranties)........................................................................17
Systemsupport process..............................................................................................................................................................18
Problem severity, response, and resolution..............................................................................................................................19
Servicelevel commitment and penalties...................................................................................................................................19
Customer system maintenance obligations..............................................................................................................................20
Generalprovisions...................................................................................................................................................................20
Intellectualproperty ......................................................................................................................................................................20
Authority.....................................................................................................................................................................................21
iv • Agreements 1 Table of contents D Parties Initials:
P
Sales agreement
Parties
This Sales Agreement ("Agreement") is made on this day of September, 2025 (the execution date) between
ETA Phi Systems, Inc. dba ETA Transit Systems ("ETA") having an office at 6420 Congress Ave., Suite 1850, Boca
Raton, FL, 33487 and the City of Sunny Isles Beach, Florida, a municipal corporation organized under the laws of the
State of Florida ("Customer") having its principal address at 18070 Collins Avenue, Sunny Isles Beach, FL 33160.
ETA contact:
Name: Nicole Castonguay
Title: COO
Telephone:
719-453-0251
Email: ncastonguay@etatransit.com
Customer contact:
Name:
Title:
Telephone:
Email:
Overview
WHEREAS Customer desires to obtain certain goods and services; and
WHEREAS ETA desires to provide such goods and services under terms and conditions set forth herein.
NOW, THEREFORE, the parties, for good and valuable consideration, agree to the following:
Definitions
The following definitions apply to this Agreement:
"Hardware Products" means the items labeled as "Products", "Hardware" or "Devices" on the Quotation or Purchase
Order attached as Exhibit 1.
"Software Products" means the items labeled as "Software", "Software Licenses", "Software Modules" or "SPOT' on
the Quotation or Purchase Order attached as Exhibit 1. Certain rights and obligations applicable specifically to Software
Products are included in the Software Subscription Agreement between the parties attached as System
subscription agreement (when applicable).
"ETA Services" means the items labeled as "NRE', "Maintenance", "Support', "Project Management', "Training",
"Education", "Travel", "Handling" of "Installation" on the Quotation or Purchase Order attached as Exhibit 1. Certain
Initials: ETA Transit • 1
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rights and obligations applicable specifically to some ETA Services are included in the System support agreement
between the parties.
Term, termination, and renewal
Term
The term of this agreement shall begin on the execution date and continue for five (5) years beyond the date on which
milestone ##6, "Customer witnessed testing" has been completed unless terminated or extended by agreement of the
parties.
Annual renewal and termination
This agreement shall renew automatically for one year upon expiration of the five (5) year initial term, and for one-year
renewal periods thereafter, unless written notice is provided 60 days prior to the expiration date. ETA will invoice the
renewal prior to the expiration date at an increase rate of no greater than 5 percent.
Termination
This agreement shall terminate in each of the following events:
a) at the option of either party if the other party materially defaults in the performance or observance of any of its
obligations hereunder and fails to remedy the default within 60 days after receiving written demand therefor, or
b) at the option of either party if the other party becomes insolvent or bankrupt or makes an assignment for the
benefit of creditors; or
c) at the option of ETA if Customer breaches any of its obligations under sections Price and Payment or
Intellectual Property of this Agreement; or
d) at the option of ETA if Customer uses ETA's software or updates for purposes other than the intended
application thereof as set out in this agreement.
e) Termination for Convenience — The City may terminate the Agreements, in whole or in part, at any time by
written notice to ETA. Upon notice of Termination, ETA shall provide a cost estimate to the City due to early
termination that will include the following: ETA shall be paid (i) for all work performed by ETA up to the date of
termination; (ii) the cost to terminate contracts that support ETA's provision of the work; (iii) Sunk Costs; and
(iv) any other unavoidable costs or expenses incurred by ETA as a result of termination. "Sunk Costs" means
all costs committed, incurred or expended by ETA (i.e. money that has already been spent or committed
costs) and supply chain costs which cannot be recovered and include, but are not limited to, the costs of
materials/products that can't be returned, sold or used for other contracts, and profit on work performed up to
the time of termination. ETA shall promptly submit its termination claim to the City for consideration. Upon
approval by the City, the termination process will commence and the amount due will be paid by the City. If
ETA has, any property inks possession belonging to the City, ETA will account for the same and dispose of it
in the manner the City directs.
2 • Agreements D Sales agreement > Term, termination, and renewal Initials:
Suspension of obligations
If either party should default in the performance or observance of any of its obligations hereunder, then, in addition to all
other rights and remedies available to the non -defaulting party, the non -defaulting party may suspend performance and
observance of any or all its obligations under this Agreement, without liability, until the other party's default is remedied.
Return of software
If Customer discontinues use of ETA's software or in the event of termination of this Agreement; Customer shall
immediately return to ETA all Software and any copies thereof and cerfrfy in writing to ETA that Customer has done so.
Price and payment
The amounts to be invoiced by ETA to the Customer shall be in accordance with the Quotation or Purchase Order
attached as Exhibit 1.
By executing this agreement, Customer agrees that invoices shall be accepted based on the Milestone Payment
Schedule included in the Quotation or Purchase Order attached as Exhibit 1, and shall be paid within 30 days of
invoice, in the amounts stated thereon. Invoices for additional services hereunder which are not included in the
Milestone Payment Schedule shall be invoiced upon completion of work, and shall be paid within 30 days of invoice.
Piggyback Provision
This contract is intended to allow for cooperative use by other government entities, facilitating 'piggybacking' of its terms
and conditions. While pricing shall strive to remain competitive, it is understood and agreed that adjustments may be
necessary to reflect fluctuations in the market, including but not limited to, increases due to inflation or higher prices
bome by the supplier. Any such price adjustments shall be reasonable and transparent, and the supplier shall provide
supporting documentation upon request to substantiate the need for said adjustments.
Products and services
The Hardware Products, Software Products and ETA Services covered by this agreement shall be as set forth in the
Quotation or Purchase Order attached as Exhibit 1.
All warranties and maintenance and support rights and obligations related to Hardware Products, Software Products
and ETA Services shall be as agreed and set forth in the System Support Agreement between the parties attached as
Software Support Agreement.
Initials: ETA Transit • 3
In all instances in which Software Products are included in the Quotation or Purchase Order attached as Exhibit 1,
certain rights, and obligations specific to those products shall be as agreed and set forth in the Software Subscription
Agreement between the parties attached as System Subscription Agreement.
ETA responsibilities
Duty to inform
If, at any time during the performance of this Agreement ETA becomes aware of actual or potential problems, faults, or
defects in the Products or Services, or of any nonconformance with federal, state, or local laws, rules, or regulations; or
if ETA has any objection to any decision or order made by the Customer with respect to such laws, rules, or
regulations, ETA shall give prompt written notice thereof to the Customer.
Information release
No information, news or press releases related to the subject of this Agreement shall be made without the written
consent of Customer.
To the extent permitted by law, including but not limited to Chapter 119, Florida Statutes, except for confidential
information designated as "not to be shared" by the Customer, ETA shall share project related information with, and
fully cooperate with those corporations, firms, contractors, public utilities, government entities and persons required for
completion of the project.
Responsibilities in attached agreements
ETA acknowledges that certain responsibilities related to Hardware Products, Software Products and ETA Services
applicable to this Agreement are contained in the System Support Agreement attached as System Subscription
Agreement and the Software Subscription Agreement attached as Software Support Agreement.
Customer responsibilities
On-time payment
Customer acknowledges that invoices shall be accepted based on the Milestone Payment Schedule included in the
Quotation or Purchase Order attached as Exhibit 1, and shall be paid within 30 days of invoice, in the amounts stated
thereon. Invoices for additional services hereunder which are not included on the Milestone Payment Schedule shall be
invoiced upon completion of work and shall be paid within 30 days of invoice.
Duty to inform
If, at any time during the performance of this Agreement Customer becomes aware of actual or potential problems,
faults, or defects in the Products or Services, or of any nonconformance with federal, state, or local laws, rules, or
4 . Agreements f Sales agreement D ETA responsibilities Initials:
regulations; or if Customer has any objection to any decision or order made by ETA with respect to such laws, rules, or
regulations, Customer shall give prompt written notice thereof to ETA.
Information release
No information, news or press releases related to the subject of this Agreement shall be made without the written
consent of ETA.
To the extent permitted by law, including but not limited to Chapter 119, Florida Statutes, except for confidential
information designated as "not to be shared" by the ETA, Customer shall share project related information with, and
fully cooperate with those corporations, firms, contractors, public utilities, government entities and persons required for
completion of the project.
Responsibilities in attached agreements
Customer acknowledges that certain responsibilities related to Hardware Products, Software Products and ETA
Services applicable to this Agreement are contained in the System Support Agreement attached as Software Support
Agreement and the Software Subscription Agreement attached as System Subscription Agreement.
Indemnification and insurance
Indemnification
ETA shall indemnify and hold the Customer harmless from liability in connection with any action resulting from ETA's
negligent acts, omissions, errors, willful misconduct, or violations of state or federal laws pursuant to this Agreement.
Insurance
ETA shall maintain insurances of the following types and minimum limits, as follows, for the term of this Agreement;
General Commercial Liability Insurance —covering bodily injury and property damage at the minimum amounts of
$1,000,000 per occurrence and $2,000,000 aggregate.
Professional Errors and Omissions Insurance—covering damages resulting from errors, omissions and negligent
acts at the minimum amount of $1,000,000 per claim.
Business Automobile Liability Insurance — automobile liability for owned, hired, and non -owned vehicles with a
combined single limit of $1,000,000 per occurrence.
Worker's Compensation Insurance — Worker's Compensation and employer's liability coverage, as required
pursuant to Florida law.
Initials: ETA Transit ^ 5
Insurance required of ETA shall be primary to, and not contribute with, any insurance or self-insurance maintained by
the Customer. Such insurance shall not diminish ETA's indemnification and obligations hereunder. The insurance
policy shall be issued by companies authorized to do business under the laws of the State of Florida and acceptable to
Customer with a minimum A.M. Best rating of A -Excellent. Before any work under this Agreement is performed, and
at any time upon request, ETA shall furnish to Customer certificates of insurance evidencing the minimum required
coverage and shall be appropriately endorsed for contractual liability, with Purchaser named as additional insured. All
policies, except Professional Liability, shall contain a waiver of subrogation endorsement. All insurance policies, except
for Professional Liability, and certificates of insurance shall provide that the policies may not be canceled or altered
without thirty (30) days prior written notice to Customer. ETA 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. Intellectual property
Retention of ETA rights in hardware products
All proprietary and intellectual property rights, including copyrights or trademarks in the Hardware Products, if any, and
any modifications thereto shall remain the sole and exclusive property of ETA.
Retention of ETA rights in software products
As between ETA and Customer, all proprietary and intellectual property rights, title and interest in the Software
Products and any Updates, Upgrades, and any other modification to the Software Products and associated
documentation shall be and remain the sole and exclusive property of ETA. The Customer has no proprietary or
intellectual property rights title or interest in the Software Products or any Updates, Upgrades, or any modification to the
Software Products or associated documentation. Unless ordered by a court ofjurisdiction, Customer shall not at any
time disclose, furnish or make available to anyone the source and executable code of the software or related
documentation or other confidential information of ETA. Customer's use of the Software Products and any Updates,
Upgrades, and any other modification to the Software Products and associated documentation shall be subject to the
terms and conditions of the Software Subscription Agreement attached as System Subscription Agreement.
Independent contractor
ETA is an independent contractor for all purposes and shall be entitled to no compensation other than that provided for
under Section "Price and Payment' above. ETA will be solely responsible for determining the manner and means of
accomplishing its obligations hereunder. The Customer does not have the right to control or interfere with the manner
or method of accomplishing ETA's obligations.
6 4 Agreements D Sales agreement > Independent contractor Initials:
General provisions
Notices and points of contact
All changes hereto shall be in written form, and by mutual consent by the designated Points of Contact:
No assignment
Neither ETA nor Customer may assign the Agreement, nor the performance of any obligations hereunder, unless
agreed to in advance by the other party.
Priority of agreements
Should any provision of this Agreement conflict with provisions of the System Support Agreement attached as
Software Support Agreement, the provisions of the System Support Agreement shall govern.
Should any provision of this Agreement conflict with provisions of the Software Subscription Agreement attached as
System Subscription Agreement, the provisions of the Software Subscription Agreement shall govern.
Partial invalidity
If any term, covenant, condition, or provision of the Agreement is held by a court of competent jurisdiction to be invalid,
void, or unenforceable, the remainder of the provision and/or provisions shall remain in full force and effect and shall be
in no way affected, impaired or invalidated.
Governing law
The validity, interpretation and performance of the Agreement shall be controlled and construed under the laws of the
State of Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this
Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought
exclusively in Miami Dade County, Florida,
Authority
The parties to this Agreement warrant and represent that they have the power and authority to enter into this
Agreement in the names and capacities stated herein.
Initials: ETA Transit a 7
ETA and Customer hereby agree to the provisions of this Agreement:
ETA Transit Systems, c.
Customer:
By-�- ':-o U- ' _ ii
By:
Nicole Castonguay
Name:
Name:
CEO 9/19/2025
Title:
Title:
Exhibits and attachments
Exhibit 1: ETA quotation or customer purchase order
Exhibit 2: Addendum System subscription agreement
Subscription agreement
Subscription
ETA grants Customer a limited right to access and use its SPOT 0 Intelligent Transit Systems (ITS) application and
related software as detailed in the referenced ETA Quotation during the Term and at the Location(s) set forth above
exclusively for the Hardware and Software Products and associated services listed on the referenced ETA Quotation.
All rights not expressly granted to Customer are reserved to ETA Transit Systems.
Definitions
Hardware Products - means the ETA components and other devices comprising the system identified in the
referenced ETA Quotation.
Software Products - means the modules of ETA's SPOT'"" Intelligent Transit Systems (ITS) application identified in the
referenced ETA Quotation.
Intellectual Property - means software source code, software updates and upgrades, copyrights, trademarks, and
service marks (whether registered or unregistered), trade secrets, patents, patent applications, contract rights, know-
how and other proprietary rights.
Data - means all data stored in the database for Customer.
Customer Materials - means the materials designated as such and provided by ETA to Customer regarding use of the
system.
8 v Agreements D Exhibit 2: Addendum System subscription agreement � Exhibits and attachments Initials:
Subscription Fee - means the annual service fee for the right to access and use the System set forth in the referenced
ETA Quotation or Purchase Order.
Term
The term of this agreement shall begin on the execution date and continue for five (5 ears beyond the date on which
milestone #6, "Customer witnessed testing" has been completed unless terminated or extended by agreement of the
parties.
Quotation
The attached Quotation with Milestone Payment schedule sets forth the Hardware Products, Software Products, and
Services to be delivered to Customer under this Agreement or under a separately executed Sales Agreement, along
with the prices, and delivery terms and any additional terms applicable thereto. The Quotation shall be valid for 60
days, and upon execution of this Subscription Agreement or separately executed Sales Agreement by Customer shall
constitute a binding purchase order.
Fees
All fees and charges (including the Subscription Fee) are "net' and are not subject to set off or reduction. The initial
Subscription Fee is due upon execution of this Agreement and all other fees and charges are due as provided in the
referenced Quotation. By executing this agreement, Customer agrees that invoices shall be submitted based on the
Milestone Payment Schedule included in the referenced quotation.
Services
ETA will provide Customer with activation of, and 24/7 access to ETA's SPOTTY" Intelligent Transit Systems (ITS)
application, provided Customer is not in breach of any obligation under this agreement. Ongoing support services shall
be provided in accordance with the System Support Agreement between the parties.
Customer obligations
Customer is responsible for maintaining Internet access to ETA's SPOT Server via an Internet Service Provider;
Hardware and software to enable such connection; and any permission or authorizations required for such a
connection.
Customer is responsible for ensuring that only authorized people have access to the System and for the security of
Customer's computer system and the connection to the SPOT Server, without limitation
Customer is responsible for ensuring that Customer's password and all other means and methods of access to the
System are kept absolutely confidential and that all Users and Drivers comply with the terms of the ID Agreements;
Initials: ETA Transit , 9
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ensuring that any telephone numbers or any information relating to the System, the security of the System, the
encryption methods used and all or any other security features are kept absolutely confidential; ensuring that the use of
the System by Customer is under the control and authority of a proper and adequately trained employee.
Customer will install, use, maintain, and remove the Hardware according to ETA's specifications, will safeguard the
Hardware from loss or damage of any kind, and will not permit anyone other than an authorized representative of ETA
to perform any work on the hardware. Customer agrees and understands that tampering with Hardware shall void all
warranties. Except for ordinary wear and tear covered by the limited warranty, Customer is responsible for all Hardware
damaged, destroyed, lost, or stolen while in Customer's possession and shall be liable for the cost of repair or
replacement of the Hardware and remain responsible for the Subscription Fee during any such repair or replacement
period.
If Customer is not the owner of the property upon which Hardware and Software are to be installed, Customer shall
obtain the written consent of the owner of the premises and/or property for ETA personnel and/or its agents to enter the
premises for the purposes of installing, maintaining, and retrieving the same.
Data storage
a) Customer understands that unless Customer purchases data retention services, ETA will have the right to
purge detailed packet data submitted by Customer on a 90 -day rolling schedule. ETA will retain summary
data for the fife of the Contract.
b) Unless Customer has made other arrangements in writing with ETA, all data submitted using the System may
be purged as provided above. The Customer must reaffirm this request annually during the renewal process.
c) Customer shall be solely responsible for printing data and inspection reports for vehicles involved in an
accident. Customer understands and agrees that ETA is not required to retain records except as provided in a
separate agreement.
Wireless data policies
a) Customer understands and agrees that Customer has no contractual relationship with a wireless carrier and
Customer is not a third -party beneficiary of any agreement between ETA or an ETA Agent and a wireless
carrier.
b) Customer understands and agrees that the underlying wireless carrier shall have no legal, equitable or other
liability of any kind to Customer.
c) Subject to FCC Number portability rules, Customer has no property or other rights in any Number assigned to
it and Customer understands that any such Number can be changed from time to time.
d) Customer agrees that ETA and/or wireless carrier shall not be responsible for interruption of service for any
reason or the inability to use the service caused by force majeure.
e) Customer understands and agrees that the liability and obligation of ETA to Customer for services may be
controlled and limited by a wireless carrier's tariff, if any, and the laws, rules and regulations of the Federal
10 • Agreements � Exhibit 2: Addendum System subscription agreement > Subscription agreement Initials:
fi<
Communications Commission and other United States or foreign governmental authorities which from time to
time have jurisdiction.
In no event shall ETA and/orwireless carrier be liable for the failure or incompatibility of any equipment utilized
by Customer in connection with Service.
Ownership
a) Customer grants ETA the right to use all data submitted to the System for any and all purposes, including to
purge such data as provided in Section "Data Storage" and to create compilations of such data as long as
ETA will not identify the data source as being from the Customer nor portray the data in such a manner as to
identify the Customer. Customer agrees that ETA shall own all compilations of the data created by or for ETA.
b) The System and the components provided by ETA for the Customer's use are protected by patent, copyright,
trade secret, trademark, international treaties, and other laws. Customer agrees that ETA owns all proprietary
rights in the System and any corrections, enhancements, updates, or other modifications, including custom
modifications, thereto, whether made by ETA or any third party.
c) To the extent permitted by law, at all times during and after the termination or expiration of this Agreement,
Customer and it employees and agents shall maintain the confidentially of trade secret information. Customer
shall not disclose any such proprietary information concerning the System, including any flow charts, logic
diagrams, user manuals, and screens, to persons not an employee of Customer without the prior written
consent of ETA.
Intellectual property
Customer acknowledges and agrees that Customer's rights with respect to Hardware Products, are limited to the right
to use the same with the System. The Hardware and Software Products contain trade secrets, know-how and other
intellectual property belonging to ETA Transit Systems. Under no circumstances shall Customer sell or transfer any
purchased Hardware or Software Products, reconstruct or repair such Hardware or Software Products, or reverse
engineer or otherwise attempt to learn the trade secrets, know how or other intellectual property embodied therein.
Remedies
Customer agrees that its remedies as a Customer are limited to those provided for under the System Support
Agreement between the parties. ETA shall not be liable to Customer or any third party for any general, special, punitive,
incidental, indirect, or consequential damages, or any lost profits or business, arising out of this agreement.
If Customer fails to make any payment due or otherwise violates any term or condition of this Agreement, Customer
may be declared in default upon notice and failure to cure for 60 days. If ETA violates any term or condition of this
Agreement, ETA may be declared in default upon notice and failure to cure for 60 days. Upon declaration of default by
Customer, all amounts due under this Agreement during the entire term hereof shall become immediately due and
payable including, without limitation, the cost to repair or replace damaged equipment, interest and costs and expenses
of collection. Upon default and failure to cure, ETA and Customer shall have the right to terminate this Agreement and
recover any other remedy permitted by law. Customer shall defend, indemnify and hold ETA harmless from and
Initials: ETA Transit , 11
against any claim, cause of action, demand, cost, expense (including attomeys' fees), loss suit, proceeding, damage
and liability of any kind arising out of or relating to Customer's use or inability to use the System or unauthorized us of
the System, including, without limitation, any use by the owner of the premises and/or property on which the System is
installed; any use by the owner, operator, or insurer of any vehicle or equipment for which the System is used; and any
use by any person claiming injuries arising from the use of any vehicle or equipment for which the System is used.
Nothing herein is intended to waive or modify Customer's sovereign immunity protections, pursuant but not limited to,
Section 768.28, Florida Statutes.
Waiver
Failure by ETA or Customer to enforce any of its rights hereunder shall not constitute a waiver of any such rights. No
waiver by either party of any breach or default shall be deemed to be a waiver of any preceding or subsequent breach
or default.
Assignment
Neither party may assign, directly or indirectly, all or part of its rights or obligations under the Agreement without the
prior written consent of the other party.
Governing law
The parties agree that this Agreement shall be interpreted under the laws of the State of Florida, and that jurisdiction
and venue shall be only in Miami -Dade County, Florida.
Read and agreed by
The parties to this Agreement warrant and represent that they have the power and authority to enter into this
Agreement in the names and capacities stated herein.
ETA and Customer hereby agree to the provisions of this Agreement:
ETNA Transit t>s
�sMs, Inc.
By.-��
a_ Jv
Customer:
By:
Name: Nicole Castonguay Name:
COO 9/19/2025
Title:
12 • Agreements D Exhibit 2: Addendum System subscription agreement > Subscription agreement Initials:
System support agreement
Overview
WHEREAS Customer and ETA entered into an agreement for the purchase of hardware, software and related
services on the execution date; and
WHEREAS Customer desires to obtain support services for said hardware and software (collectively "System"); and
WHEREAS ETA desires to provide such support services.
Now therefore, the parties, for good and valuable consideration, agree to the following:
Hardware warranty and support
The hardware products covered by this agreement shall be as set forth on the included in the Quotation or Purchase
Order attached as Exhibit 1. If the quantity of products changes during the term of this agreement, a corresponding
adjustment to fees hereunder will apply for the remaining term of the agreement.
Consumable Items such as batteries, cables, wiring harnesses, GPS, WILAN and RF antennas, etc. are not covered
under this agreement. Replacements for such items may be ordered from ETA and will be subject to the supplier's
warranty policy.
Hardware warranty
ETA affirms that each hardware product is free of defects in material and workmanship. ETA further affirms that
hardware products will perform for the intended purpose for a period of two (2) years from delivery of equipment.
Thereafter, the provisions under Non -Warranty Repairs shall apply. For Contracts that are shorter than two (2) years in
length, the hardware warranty shall not exceed the term of the Contract. Extended warranties can be quoted upon
request for up to a total of five (5) years of warranty.
Warranty repair policy
If a hardware product fails to operate as specified, and no exclusions from warranty policy apply, ETA or its authorized
service agents will have the option to repair or replace the defective product at no cost to the Customer.
Exclusions from warranty policy
Instances to which the Warranty Repair Policy shall not apply include, but are not limited to; a) warranty returns
classified as No Problem Detected (determined to be fully functional with no need for repair), b) product failures
resulting from improper use, c) damage resulting from accident, abuse or improper maintenance, d) damage caused
Initials: ETA Transit , 13
by operation outside ETA specifications, e) damage resulting from vandalism, fire, or other uncovered peril, e) product
modified without ETA's consultation, and f) Consumable Items.
In such instances, the provisions under Non -Warranty Repairs, including applicable fees, shall apply.
Warranty service
Spare parts inventory —The Customer shall maintain an inventory of ETA hardware products at the recommended
level for use during completion of repairs. The Customer is responsible to; remove defective products, replace them
with spare products, request Return Material Authorization ("RMA") number, and to send defective products to ETA for
Failure Analysis.
Return materials authorization — No product received for repair by ETA will be accepted without an ETA -assigned RMA
number. RMA numbers may be obtained by:
Phone: 561-288-1932
Email: support@etatransit.com
RMA requests shall include product description, ETA part number, serial number (if applicable), quantity, reason for
return, and vehicle number (if applicable). The Customer is responsible to ensure secure packaging of products for
shipping. Shipping material is available for purchase, at cost, from ETA. ETA is not responsible for damage to, or loss
of, products in transit. Shipping costs for the return to ETA of products to which the Warranty Repair Policy applies will
be bome by ETA. Shipping costs for the return to ETA of products deemed Exclusions of Warranty Policy will be bome
by the Customer. Customer agrees to ship RMAs using an ETA -supplied shipping label. RMA shipments are to be
labeled as follows:
ETA Transit Systems, Inc.
Attn: Customer Service, RMA #
6420 Congress Ave, Suite 1850
Boca Raton, FL 33487
Failure analysis and repair/replace — Upon receipt of a returned product, an ETA technician will complete a failure
analysis to decide of whether the product is subject to the Warranty Policy or the Exclusions of Warranty Policy, and
whether to product is repairable. If the product is subject to the Warranty Policy ETA will either repair or replace the
product at ETA's discretion. If the product is subject to the Exclusions of Warranty Policy ETA will provide the Customer
a quotation and subsequent invoice for the repair or replacement of the product.
14 • Agreements > System support agreement b Hardware warranty Initials:
Return — ETA will make its best effort to return the repaired or replaced product to the Customer within thirty (30) days.
Shipping costs for the return to Customer of repaired or replaced products to which the Warranty Repair Policy applies
will be bome by ETA. Shipping costs for the return to Customer of repaired or replaced products deemed Exclusions of
Warranty Policy will be bome by the Customer.
Non -warranty repairs
Repairs of products performed by ETA which are Exclusions of Warranty Policy, or otherwise not covered by the
Warranty Repair Policy, will be invoiced to the Customer at the applicable Bench Rate, for repairs performed at ETA
facilities, and/or Field Service Rate below, along with other time and material costs incurred by ETA. The Warranty
Repair Policy will apply to non -warranty repairs for a period of ninety (90) days from shipment to Customer.
Hardware support rates
ETA quotations and/or invoices for Non -Warranty Repairs shall include any combination of the following that may
apply:
Bench rate: Hourly rates will be billed in accordance with an approved quotation
Field service rate: Hourly rates will be billed in accordance with an approved quotation
Travel & miscellaneous: Hourly rates will be billed in accordance with an approved quotation
Mileage: Current IRS allowance ratelmile
Meals: Current federal government regional per -diem rate
Customer hardware maintenance obligations
In addition to the responsibilities identified in this Section, the Customer shall;
• Provide access to vehicles and maintenance staff at time of installation
• Review and accept agency -specific design documentation and acceptance test procedures
• Participate in scheduled project status and customer satisfaction calls
■ Pay all invoices according to the applicable payment terms
■ Provide reasonable access to the Customer's facilities, vehicles and systems required for ETA to perform
required tasks (subject to Customer's security requirements)
■ Provide technical and administrative support to ETA's on-site personnel (office supplies, photocopying,
network access, etc.)
■ Faithfully execute the required maintenance and troubleshooting procedures as prescribed by ETA.
Initials: ETA Transit - 15
Software maintenance and support
Software products
The software products covered by this agreement shall be as set forth in included in the Quotation or Purchase Order
attached as Exhibit 1. If the quantity of products changes during the term of this agreement, a corresponding
adjustment to fees hereunder will apply for the remaining term of the agreement. Provisions hereunder are subject to
the Software Subscription Agreement attached as System Subscription Agreement, and no provision hereunder will
apply to software not licensed by the Customer under a Software Subscription Agreement with ETA.
Software maintenance and support services
During the term ETA agrees to provide certain services in support of the Customer's use of the licensed software
products. Services shall consist of:
■ Provide technical support help desk — see System Warranty and Support
• Provide software updates — Modifications or additions to software product that bring the product into
conformity with stated specifications, including correction of errors or bugs.
■ Provide software maintenance —Activities performed to ensure software product performs in conformity with
stated specifications.
■ Provide software upgrades — Improvements, feature additions or other enhancements which are in addition to
stated specifications.
Additional software services
Services performed by ETA in response to the following, are excluded from Software Maintenance and Support
Services and will be quoted and invoiced to the Customer at the applicable Software Developer Rate, for activities
performed at ETA facilities, and/or Field Service Rate below, along with other time and material costs incurred by ETA:
■ Customer request for Update or Upgrade Installation Labor
■ Customer request for Enhancements
■ Customer request for Integration with third party software or hardware that are not included in the Quotation or
Purchase Order attached as Exhibit 1
■ Problems resulting from the hardware on which the software product is installed, or problems resulting from
hardware devices connected to the hardware on which the software product is installed
• Problems resulting from the misuse, alteration, or damage of the software product
■ Problems resulting from Customer use of versions of the software product other than the most recent update
delivered by ETA
Software service rates
ETA quotations and/or invoices for Additional Software Services shall include any combination of the following that may
apply:
16 o Agreements D System support agreement > Software maintenance and support Initials:
Software developer rate: Hourly rates will be billed in accordance with an approved quotation
Senior software developer rate: Hourly rates will be billed in accordance with an approved quotation
Systems architect rate: Hourly rates will be billed in accordance with an approved quotation
Field service rate: Hourly rates will be billed in accordance with an approved quotation
Travel & miscellaneous: Hourly rates will be billed in accordance with an approved quotation
Mileage: Current IRS allowance rate/mile
Meals: Current federal government regional per -diem rate
Remote software access
As the software products, as well as relevant Customer data, are hosted by ETA in an intemet-accessible environment,
both Customer and ETA access is critical to the performance of Software Maintenance and Support Services and
Additional Software Services hereunder. Both parties agree to:
■ Take all reasonable steps to facilitate timely access to required software instances and data by the other party
■ Take all reasonable steps to avoid disruption of other operations of the other party
■ Abide by the other party's IT security policies
■ Refrain from accessing any internal or intemet-based networks of the other party for purposes other than
performance hereunder.
System warranty and support
System warranties (other than hardware and software product warranties)
Installation
ETA guarantees the installation of its Hardware and Software products for a period of 60 days commencing at the
Installation Milestone. Should any defects be discovered, ETA will assume the cost to remedy the installation
issue. This guarantee excludes any alterations or modifications to the initial installation made by the Customer.
Security
ETA hosted systems are protected by firewall Access Control Lists. Open ports shall be limited to those required
for Customer operation, and a quarterly rotation of login credentials deployed for secure operations. Please refer to
the ETA Transit Systems Information Technology Security Policy for further details.
Initials: ETA Transit - 17
Privacy
Customer data and other confidential information of Customer shall be maintained in such a manner as to prevent
access by any party other than ETA and Customer -designated personnel.
Disaster recovery
ETA shall perform daily backups of Customer data to regional cloud -based servers. Restorations of backups will
be performed at no incremental cost to Customer and will be completed within 8 hours of request.
Annual maintenance
At ETA's discretion, ETA may execute an annual onsite visit to Customer premises to perform visual inspections.
Repairs deemed critical to the operation of the system may be performed at ETA's discretion. Recommendations
and associated quotations for replacements, upgrades or improvements will be provided within 30 days after such
annual maintenance onsite visit.
Ongoing system support
ETA provides System Support 7 days per week, 365 days per year (24x7x365), via; online helpdesMicket
monitoring system, and dedicated email addresses. Live chat is available between the hours of 8AM and 5 PM
Monday through Friday, Eastern Standard Time. Telephone support outside of ETA's normal business hours,
8AM and 5 PM Monday through Friday, Eastern Standard Time is reserved for emergencies.
ETA shall maintain technical personnel qualified to perform the tasks of; logging support tickets, responding to
Customer RMA requests, severity determination, issue resolution, onsite issue resolution. ETA has sole discretion
over the deployment of resources required to perform these tasks, whether a task is required, and whether a task
is covered by warranty.
System support process
The parties acknowledge their respective obligations associated with the following steps associated with submitting,
acknowledging, researching and resolving problems and requests. The timelines for these steps are dictated by the
Problem Severity and Resolution framework under Section 5.3.
■ Stage 1— Customer notifies ETA of an issue via one of the three accepted methods, ETA logs support ticket
and acknowledges receipt to Customer
• Stage 2 — ETA reviews issues, Customer provides timely response to any requested clarifications, ETA
determines severity, ETA informs Customer of severity level
■ Stage 3 — ETA researches the issue resolution and estimates resolution time estimate, ETA consults with
Customer on resolution and time estimate, Customer responds in a timely manner, ETA implements
resolution and informs Customer of issue -closure
18 • Agreements 6 System support agreement 9 System warranty and support Initials:
Problem severity, response, and resolution
Pursuant to ETA's System Support Process, ETA personnel shall decide of the severity of all issues received by
Customer. While response times are committed for each severity, the issue resolution time shall be on a case -specific
basis, independent of severity level. Once resolution times are estimated, the penalty to ETA of exceeding the
estimated resolution time shall vary based on severity. Severity definitions, response times and penalties for exceeding
resolution times are as follows:
Service level commitment and penalties
The parties acknowledge that the System is a complex technical solution, the effective operational uptime of which is
dependent on the interaction between hardware, software, vehicles, and various user and support personnel of both
ETA and the Customer. The parties agree to make all reasonable efforts to minimize downtime of the overall System,
the functionality of the System and any vehicles on which the System is installed. Accordingly, ETA shall incur penalties
for operational downtime, according to the severity of the issues defined under this Section. This instance may trigger
penalties; Cumulative downtime for a severity level for a month exceeds the allowable levels below.
Initials: ETA Transit , 19
t a:
Penalties shall take the form of credits which the Customer may apply against existing and future ETA invoices. A
cumulative maximum of 25% of total monthly fees shall apply.
Customer system maintenance obligations
In addition to the responsibilities identified in this Section 5, the Customer shall:
• Answer questions regarding custom¢ation, such as route configuration, schedules, and standard operating
procedures
■ Provide a meeting facility to train staff
■ Provide custom graphics for traveler information systems (i.e. corporate colors, logos, etc.)
■ Review and accept agency -speck design documentation and acceptance test procedures
■ Participate in scheduled project status and customer satisfaction calls
■ Pay all invoices according to the applicable payment terms
■ Provide 24-hour access to the Customer's facilities, vehicles and systems required for ETA to perforin
required tasks (subject to Customer's security requirements)
■ Provide technical and administrative support to ETA's on-site personnel (office supplies, photocopying,
network access, etc.)
General provisions
Intellectual property
Retention of ETA rights in hardware products
All proprietary and intellectual property rights, including copyrights or trademarks in the Hardware Products, if any,
and any modifications thereto shall remain the sole and exclusive property of ETA.
Retention of ETA rights in software products
As between ETA and Licensee, all proprietary and intellectual property rights, title and interest in the Software
Products and any Updates, Upgrades, and any other modification to the Software Products and associated
documentation shall be and remain the sole and exclusive property of ETA. The Licensee has no proprietary or
intellectual property rights title or interest in the Software Products or any Updates, Upgrades, or any modification
to the Software Products or associated documentation. Unless ordered by a court ofjudsdiction, or if required by
law, Licensee not at any time disclose, furnish, or make available to anyone the source and executable code of the
software or related documentation or other confidential information of ETA. Licensee's use of the Software
Products and any Updates, Upgrades, and any other modification to the Software Products and associated
documentation shall be subject to the terms and conditions of the Software Subscription Agreement.
20 • Agreements ® System support agreement > General provisions Initials:
Authority
ETA Transit Systems, Inc.
Customer:
By:
Name: Nicole Castonguay Name:
COO 9/19/2025 Title:
Initials: ETA Transit a 21
Quotation #
Date
20250515
05.15.2025
oily OR
y \SLE'S
2
Date:
Vehicle logic unit (VLU) hardware
• GPS
• Cellular communications 1 8 $ 1,732 $ - $ 13,856 1
• Vehicle 1/0 for 1708, DIO
VLU SPOT"m software modules
• Location services
• Guaranteed delivery services 2 8 $ 250 $ 2,000 1
• Route awareness services
Rugged mobile data terminal (MDT) hardware
• 7" viewable screen 3 8 $ 309 $ - $ 2,472 1
* 10" option available
MDT mounting kit 4 8 $ 252 $ - $ 2,016 1
• RAM® mount
MDT SPOT TM software modules
• Driver login module
• Route selection module
• 2 -way messaging module 5 8 $ 250 $ 2,000 1
• System status module
• Electronic passenger counting module
* Options available for additional modules
Master disconnect switch 6 8 $ 53 $ - $ 424 1
• to allow system to gracefully shut down
El
Agency: Sunnylsles
TRANSIT
Name: Fabricio Volpi
Email: fvolpi@sibfl.net
Payment terms: See milestone payment schedule, Software as a
Service escalates at 5% annually.
etatransit.com
Received by:
20250515
05.15.2025
oily OR
y \SLE'S
2
Date:
Vehicle logic unit (VLU) hardware
• GPS
• Cellular communications 1 8 $ 1,732 $ - $ 13,856 1
• Vehicle 1/0 for 1708, DIO
VLU SPOT"m software modules
• Location services
• Guaranteed delivery services 2 8 $ 250 $ 2,000 1
• Route awareness services
Rugged mobile data terminal (MDT) hardware
• 7" viewable screen 3 8 $ 309 $ - $ 2,472 1
* 10" option available
MDT mounting kit 4 8 $ 252 $ - $ 2,016 1
• RAM® mount
MDT SPOT TM software modules
• Driver login module
• Route selection module
• 2 -way messaging module 5 8 $ 250 $ 2,000 1
• System status module
• Electronic passenger counting module
* Options available for additional modules
Master disconnect switch 6 8 $ 53 $ - $ 424 1
• to allow system to gracefully shut down
Bus equipment and cable kits
• Power harness
• Antennas
7
8
$ 306 $ -
$
2,448 1
• *Roof mount antennas available as an Option
(extension cable required)
Hardware installation
• Professional system installation
8
8
$ 600 $ -
$
4,800 3
• Vehicle testing and commissioning
Single sign -on integrated with existing digital signage
OPTIONAL
• Integration of head signs with ITS
9
0
$ 250
$
- 3
* Options for fare collection single sign -on
** Options for MVS single sign -on
Implementation
• System setup
• Project management
• Manufacturing
• Training
10
1
$ 25,000
$
25,000 3
• Testing
• Documentation
• Travel
Software license: Public website
• Real-time arrival predictions
• Service messages
• Rider feedback
• Sponsored links
• Station/stop details
11
1
$ -
$
- 5
• Trip planner
• Local attractions
• Rider alerts
• Favorite route selection
etatransit.com
Software license: Native phone apps
• Customized to local experience
• Real-time bus tracking
• Color -coded routes
• Display user GPS location
• Real-time arrival predictions
• Trip planning
• Rider feedback
• Sponsored links
• Local attractions
• GTFS-RT rider alerts via push notifications
Software license: ETA SPOT TM API
• JSON API
• GTFS import/export
Annual SaaS and Maintenance: SPOTTM ITS
• Unlimited user accounts
• Data retention for the life of the contract
• Real-time arrival predictions
• Web -based dispatch module
• Reports module
• Route planner module
• User administration module
• Service announcements module
• Cellular data
• Hosting
• Maintenance
• 24/7/365 technical support
• Daily backups
(Qty. equals number of vehicles X 12 months)
Tax exempt certificate required for sales tax to be waived.
12 1 $ - $ - 5
13 1 $ -
14 96 $
etatransit.com
$ - 5
75 $ 7,200 6
SUBTOTAL $62,216
SALES TAX INCLUDED
TEM • $62,216
e ` ' $7,200
Public address amplifier OPTIONAL
• Support automatic onboard announcements
• Options for ambient noise sensing;
automatic gain control 1 8 $ 281 $ - $ 2,248 1
ETA will attempt to reuse existing PA amplifiers if
possible
Public address amplifier installation
• Professional system installation 2 8 $ 300 $ - $ 2,400 3
• Vehicle testing and commissioning
New monochromatic interior digital sign OPTIONAL
• Synchronize text with automatic onboard 3 8 $ 1,073 $ - $ 8,580 1
announcements audio
Interior sign installation OPTIONAL
• Professional system installation 4 8 $ 300 $ - $ 2,400 3
• Vehicle testing and commissioning
Implementation
• System setup
• Professional voice recordings
• Project management
• Manufacturing
• Training
• Testing
• Documentation
* recordings in additional languages shall be quoted
separately as requested
5 1 $ 7,000
Implementation- Spanish and Russian
-Sunny Isles to provide Professional voice recordings • 6
recordings in MP3 format-Labled in English -RU
2 $ 2,500
$ 7,000 3
$ 5,000 3
Software option: Stop request integration OPTIONAL 7 1 $ 4,400 $ 4,400 3
• Provides integration to an existing stop request system
Annual SaaS and Maintenance: SPOTTm AVA
• Audio recording as a service 8 96 $ 10 $ 960 6
• System support
Tax exempt certificate required for sales tax to be waived.
SUBTOTAL
$32,988
SALES TAX
INCLUDED
' •
$32,988
• Vehicle testing and commissioning
$960
Stereoscopic automatic passenger counter (APC)
• Priced per bus/door 1 g $ 1,600 $ - $ 12,800 1
APC installation
• Professional installation
2 8 $ 400 $ - $
3,200 3
• Vehicle testing and commissioning
Implementation
• System setup
• Project management
• Manufacturing
• Training
3 1 $ 10,000 $
10,000 3
• Testing
• Documentation
• Travel
Annual SaaS and Maintenance:APC SaaS
• Priced per bus, per month
• Hosting
• System maintenance and upgrades
4 96 $ 25 $
2,400 6
Tax exempt certificate required for sales tax to be waived.
SUBTOTAL
$28,400
SALES TAX
INCLUDED
IIIAPC TOTAL$28,400
(BEYONDANNUAL SaaS
$2,400
etatransit.com
etatransit.com
27 inch LCD screen
1
8
$
1,750
$ -
$
14,000
1
LCD mounting bracket
2
8
$
125
$ -
$
1,000
1
Power harness
3
8
$
22
$ -
$
176
1
40' HDMI cable
4
8
$
99
$ -
$
792
1
Infotainment system installation
• Professional installation; system integration
5
g
$
500
$
$
4,000
3
Implementation
• System setup
• Project management
• Manufacturing
• Training
6
1
$
10,000
$
10,000
3
• Testing
• Documentation
• Travel
Annual SaaS and maintenance SPOTT"" Infotainment
• Priced per screen
• Hosting
• CMS SaaS
7
96
$
83
$
7,968
6
• Maintenance & support
Annual infotainment cellular data
• ETA suggests an unlimited dataplan between
8
96
$
69
$
6,624
6
Customer may provide cellular data plan.
Tax exempt certificate required for sales tax to be waived.
SUBTOTAL
$44,560
SALES TAX
INCLUDED
1 INFOTAINMENT
TOTAL
$44,560
•
$14,592
etatransit.com
Broadband cellular router
• Cellular communications 1 8 $ 1,991 $ - $ 15,928 1
• Vehicle 1/0 for 1708, DIO
Bus equipment and cable kits
• Power harness
2
8
$
625 $ -
$
5,000
1
• Antennas
Hardware installation
• Professional system installation
3
8
$
600 $ -
$
4,800
3
• Vehicle testing and commissioning
Implementation
• System setup
• Project management
• Manufacturing
4
8
$
800
$
6,400
3
• Testing
• Documentation
Annual NetCloudTM SaaS plus ETA
maintenance/support
• QOS
• Black lists
• Network monitoring
5
8
$
405
$
3,240
6
• Maintenance
• Technical support
Fiscal Year ends 9.30 (year 2-5)
Annual SaaS and maintenance SPOTTM onboard
router
• Real-time data feed
• Maintenance
7
96
$
20
$
1,920
6
• Technical support
(Qty. equals number of vehicles X 12 months)
Annual SPOT TM onboard router cellular data plan
• Priced per bus/month
• 12 months of cellular data
(Qty. equals number of vehicles X 12 months)
6
ETA recommends an unlimited data plan for
passenger Internet access.
Customer may provide cellular data plan.
Tax exempt certificate required for sales tax to be waived.
96 $ 69 $ 6,624 6
SUBTOTAL
SALES TAX
$43,912
INCLUDED
$43,912
$11,784
Implementation
• System setup
• Project management
• Testing
• Documentation
Annual SaaS and Maintenance: SPOT TM GTFS-RT
• Real-time data feed
• Maintenance
• Technical support
(Qty. equals number of vehicles X 12 months)
Tax exempt certificate required for sales tax to be waived.
1 1 $ 5,000 $ - $ 5,000 3
2 1 $ 5,000 $ - $ 5,000 6
etatransit.com
SUBTOTAL
SALES TAX
$10,000
INCLUDED
$10,000
$5,000
$30,000
5 Channel Wi-Fi DVR 1 8 $ 2,857 $ - $ 22,859 1
MVS system installation 2 8 $ 1,000 $ - $ 8,000 3
Implementation
• System setup
• Project management
• Manufacturing 3 1 $ 5,000 $ 5,000 3
• Training
• Testing
• Documentation
Tax exempt certificate required for sales tax to be waived.
SUBTOTAL $35,859
SALES TAX INCLUDED
MVS TOTAL III $35,859
ANNUAL$0
Spare parts
•VLU- Active Spare 1 1 $ 10,562 $ - $ 10,562 3
•7 in MDT
Extended warranty on hardware (Year 3)
Beyond year 2 (up to 5 years maximum)
Escalates at 3.5% per year
Does not include consumables
Governed by ETA's system support/warranty
agreement
• Provided as quoted, upon request
2 1 $ 5,430 $ - $ 5,430 3
Extended warranty on hardware (Year 4)
Beyond year 2 (up to 5 years maximum)
Escalates at 3.5% per year
Does not include consumables
Governed by ETA's system support/warranty
agreement
• Provided as quoted, upon request
3 1 $ 5,620 $ - $ 5,620 3
Extended warranty on hardware yr 5
Beyond year 2 (up to 5 years maximum)
Escalates at 3.5% per year
Does not include consumables 4 1 $ 5,817 $ - $ 5,817 3
Governed by ETA's system support/warranty
agreement
• Provided as quoted, upon request
Additional site visits (beginning beginning after
acceptance)
On-site vehicle check up
Additional training
5 0 $ 5,000 $ - $ - 1
One analyst 2 days
Price per trip, as requested by customer
Time and material for change orders
Hourly labor rate
Applies to out of warrant repairs, custom
software development, route manager changes.
Tax exempt certificate required for sales tax to be waived.
6 0 $ 200 $ - $ - 6
etatransit.com
SUBTOTAL $27,428
SALES TAX INCLUDED
II TOTAL�1 $27,428
(BEYOND YEAR $0
Sunny Isles Beach: White Label Native phone app
OPTIONAL
• Customized to local experience
• Real-time bus tracking
• Color -coded routes
• Display user GPS location
• Real-time arrival predictions
• Trip planning
• Rider feedback
• Sponsored links
• Local attractions
• GTFS-RT rider alerts via push notifications
Tax exempt certificate required for sales tax to be waived.
1 1 $ 25,000
$ 25,000 5
SUBTOTAL $25,000
SALES TAX INCLUDED
TOTAL(YEAR $25,000
Fixed route base package
1
$
62,216
Onboard announcements package
1
$
32,988
Automatic passenger counting package
1
$
28,400
GTFS-RT package
1
$
10,000
In -vehicle infotainment package
1
$
44,560
Mobile video surveillance package
1
$
35,859
Onboard cellular router package
1
$
43,912
Spare Hardware and Extended Warranty
1
$
27,428
Additional Options
1
$
25,000
i
PROJECT TOTAL
Fixed route base package annual subscription and maintenance 1 $7,200
Onboard announcements package annual subscription and maintenance 1 $960
Automatic passenger counting package annual subscription and maintenance 1 $2,400
GTFS-RT package annual subscription and maintenance 1 $5,000
In -vehicle infotainment package annual subscription and maintenance 1 $14,592
Mobile video surveillance package annual subscription and maintenance 1 $0
Onboard cellular router package annual subscription and maintenance 1 $11,784
ANNUALCHARGES III $41,936
TOTALGRAND ' ' ' $478,107
System design Pre -installation site visit and documentation
1 (50% Implementation costs) $ 67,414 Invoiced at Notice to Proceed.
NTP+5 days
2
Software licenses
$
25,000
Delivery of SPOT Console portal
3
Hardware components
$
108,599
Hardware delivery to customer location.
NTP +6 weeks
Installation and vehicle static test
Hardware installation on first vehicle (by bus
4
(25% Implementation costs)
$
33,707
type) and static test report
NTP +6 weeks
Dynamic testing and training
Dynamic test procedure report, training and
5
(25% implementation)
$
33,707
manuals
NTP +8 weeks
After 2 week burn -in (from customer -witnessed
6
Recurring items: Year 1
$
41,936
test) warranty; SaaS anniversary begins.
NTP +8 weeks, Invoiced Annually
6
Recurring items: 2-5
$
167,744
SaaS anniversary
Invoiced Annually
GRAND•
YEARS $478,107
PREPARED BY:
NAME: Jose Mostajo
TITLE: Senior Sales Representative Central Region
ADDRESS: 6420 Congress Avenue, Suite 1850
Boca Raton, FL 33487
PHONE: (561) 288-1930
EMAIL: jmostajo@etatransit.com
Rugged, Andriod DVIR portable device
• Purpose-built, locked device capable of running the
Whip Around DVIR app only 1
NOTE: no other apps can be run on the DVIR device
Annual Software as a Service and support
• DVIR app (for digital vehicle inspections)
• DVIR portal (for configuration and reporting)
• Technical support and software maintenance
(Qty. equals number of vehicles X 12 months)
8 $ 400 $ - $ 3,200 1
2 96 $
Annual SaaS - Maintenance notifications
• DVIR integration into SPOT notifications module
• Hosting, technical support and software maintenance 3
(Qty. equals number of vehicles X 12 months)
Tax exempt certificate required for sales tax to be waived.
96 $
6 $ - $ 605 6
5 $ - $ 480 6
SUBTOTAL
SALES TAX
$4,285
INCLUDED
$4,285
$1,085
$8,624
Unit prices are valid only for the total number of units quoted. Lesser quantities (or years) may require a higher price per unit cost
because of certain fixed costs.
Prices in this quotation are valid for ninety (90) days from the date of quotation or proposal and are applicable to the quantities
herein. Changes to packages and/or quantities may require a revised quotation.
No refund shall be provided for returned parts without written authorization from authorized ETA representatives.
Estimated lead time for delivery is 13 weeks. A formal lead time estimate shall be provided by ETA ARO.
Delivery is F.O.B. ETA Transit Systems, Inc. 6420 Congress Avenue #1850 Boca Raton, FL 33487
ETA TRANSIT SYSTEMS (ETA) WARRANTY POLICY
ETA guarantees that each product is free from defects in material and workmanship. ETA's warranty is in effect for two (2) years
from the original ship date from ETA. ETA will furnish to customer its Warranty and Support agreement ARO or upon request
REVIEWED BY:
09/19/2025
Nicole M Castonguay, CEO Date:
ETA Transit Systems
ACCEPTED BY:
Signature:
Name and title:
Date: q s U.- -1, 5
ADDENDUM TO SALES, SYSTEM SUBSCRIPTION, AND SYSTEM
SUPPORT AGREEMENTS WITH ETA PHI SYSTEMS, INC.,
d/b/a ETA TRANSIT SYSTEMS
QUOTE NO. 20250515
THIS ADDENDUM between the CITY OF SUNNY ISLES BEACH (hereinafter
"CITY" or "Customer") and ETA PHI SYSTEMS, INC., d/b/a ETA TRANSIT SYSTEMS, a
Florida corporation, and whose Federal Employer Identification (FEI) Number is 73-1689659
(hereinafter "ETA"), executed this 19 day of September, 2025, is made a part of the Sales,
System Subscription, and System Support Agreements between CITY and ETA, dated September
19 , 2025 (hereinafter "Agreements"). CITY and ETA hereby agree as follows:
1. The following sections are added to the Agreements:
PUBLIC RECORDS. ETA shall be required to comply with the following requirements
under Florida's Public Records Law:
A. ETA shall keep and maintain public records required by the CITY to perform the service.
B. Upon written request from the CITY, ETA shall provide the CITY with a copy of the
requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as
otherwise provided by law.
C. ETA shall ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if ETA does not
transfer the records to CITY.
D. Upon written request, ETA shall, upon completion of the contract, transfer, at no cost, to
the CITY all public records in possession of ETA or keep and maintain public records
required by CITY to perform the service. If ETA transfers all public records to CITY upon
completion of the contract, ETA shall destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If ETA keeps and
maintains public records upon completion of the contract, ETA shall meet all applicable
requirements for retaining public records. All records stored electronically must be
provided by ETA to CITY, upon written request from CITY in a format that is compatible
with the information technology systems of CITY. Notwithstanding the above, neither
party shall be required to erase, delete, alter or destroy back-up media made in the ordinary
course of business.
IF ETA HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO ETA'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CITY'S CUSTODIAN OF
PUBLIC RECORDS AT (305) 792-1703, CityClerk ,CITYfl.net, 18070 Collins Avenue,
4th Floor, Sunny Isles Beach, Florida 33160.
SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting
with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that is
ADDENDUM TO ETA AGREEMENTS Page 1 of 7
engaged in the boycott of Israel is prohibited. ETA herein certifies, under penalty of perjury,
that ETA is not participating in a boycott of Israel. Any contract for goods or services of One
Million Dollars ($1,000,000) or more shall be terminated at the CITY's option if it is
discovered that the entity submitted false documents of certification, is listed on the Scrutinized
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran
Terrorism Sectors List, created pursuant to Florida Statute, Section 215.473, or has been
engaged in business operations in Cuba or Syria after July 1, 2018.
Any contract entered into or renewed after July 1, 2018 shall be terminated at CITY's option
if ETA is listed on the Scrutinized Companies that Boycott Israel List or engaged in the boycott
of Israel. ETA must submit the certification that is attached to this Addendum as Attachment
"A." Submitting a false certification shall be deemed a material breach of contract. CITY shall
provide notice, in writing, to ETA of CITY's determination concerning the false certification.
ETA shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination was in error. If ETA does not demonstrate that CITY's
reasonable determination of false certification was made in error, then CITY shall have the
right to terminate the contract and seek civil remedies pursuant to Florida Statute Section
287.135.
E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal
governments, to verify the employment eligibility of all new public employees through the
U.S. Department of Homeland Security's E -Verify System, and further provides that a public
employer may not enter into a contract unless each party to the contract registers with and uses
the E -Verify system. Florida Statute 448.095 further provides that if ETA enters into a contract
with a subcontractor, the subcontractor must provide ETA with an affidavit stating that the
subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In
accordance with Florida Statute 448.095, ETA is required to verify employee eligibility using
the E -Verify system for all existing and new employees hired by ETA during the contract term.
Further, ETA must also require and maintain the statutorily required affidavit of its
subcontractors. It is the responsibility of ETA to ensure compliance with E -Verify
requirements (as applicable). To enroll in E -Verify, employers should visit the E -Verify
website (https://www.e-verif v/employers/enrolling-in-e-verify) and follow the
instructions. ETA must retain the I-9 Forms for inspection, and provide the attached E -Verify
Affidavit, attached hereto as Attachment `B."
HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human
Trafficking," a governmental entity cannot execute, renew, or extend a contract with a
nongovernmental entity that uses coercion for labor or services, as defined in Section
786.06(2), Florida Statutes. ETA must submit the affidavit that is attached to this Addendum
as Attachment "C," signed by an officer or an authorized representative of ETA, under penalty
of perjury, attesting that ETA does not use coercion for labor or services as defined in Section
786.06(2), Florida Statutes. Submitting a false certification shall be deemed a material breach
of contract.
ADDENDUM TO ETA AGREEMENTS Page 2 of 7
IN WITNESS WHEREOF, ETA and CITY hereto have executed this Addendum on the
day and year first written above.
ETA PHI SYSTEMS, INC., d/b/a ETA
TRANSIT SYSTEMS
BY: csaC2 C�?�
Nicole Castonguay, CEO
STATE OF FLORIDA:
COUNTY OF PALM BEACH:
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this 19 day of September 2025, by Nicole Castonguay, as CEO of ETA Phi
Systems, Inc., d/b/a ETA Transit Systems.
(SEAL)
6011;'111 , BESSY PRAGER
P Notary Public - State of Florida
Commission k HH 381875
a�osrti�' My Comm. Expires Apr 2, 2027
Bonded through National Rotary Assn.
Personally Known X or Produced Identification
Type of Identification Produced:
'41 r
Notat Public, State of Florida
(Signature of Notary Public)
Bessy Prager
(Print, Type, or Stamp Commissioned Name
of Notary Public)
[ADDITIONAL SIGNATURE PAGE TO FOLLOW]
ADDENDUM TO ETA AGREEMENTS Page 3 of 7
ATTEST: CITY OF SU Y SLES BEACH
BY: BY:
Mauric o Bet ncur, f
MC, City Clerk Larisa Svechi Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
r
BY: BY: &�- V�
Department Head AAin E. Boileau for Nabors, Giblin
& Nickerson, P.A., City Attorney
ADDENDUM TO ETA AGREEMENTS Page 4 of 7
OSUNNP /r(FS@
F
9fl
U
CONTRACTOR ANTI-BOYCOTT CERTIFICATION
IOP�Q y¢
°N �� [PURSUANT TO FLORIDA STATUTE § 287.1351
L Nicole Castonguay , on behalf of ETA Transit Systems
Print Name Company Name
ETA Transit Systems
certifies that does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel list; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Terrorism
Sectors List; and
5. Has not engaged in business operations in Cuba or Syria.
Signature
COO
Title
09/19/2025
Date
E -Verify Affidavit
Florida Statute 448.095 directs all public employers, including municipal governments, to verify the
employment eligibility of all new public employees through the U.S. Department of Homeland Security's E -
Verify System, and further provides that a public employer may not enter into a contract unless each party
to the contract registers with and uses the E -Verify system.
Florida Statute 448.095 further provides that if a contractor enters into a contract with a subcontractor, the
subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ,
contract with, or subcontract with an unauthorized alien.
In accordance with Florida Statute 448.095, all contractors doing business with the City of Sunny Isles
Beach are required to verify employee eligibility using the E -Verify system for all existing and new
employees hired by the contractor during the contract term. Further, the contractor must also require and
maintain the statutorily required affidavit of its subcontractors. It is the responsibility of the awarded vendor to
ensure compliance with E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit
the E -Verify website (https://www.a-verify.gov/emplovers/enrolling-in-e-verify) and follow the
instructions. The contractor must, as usual, retain the 1-9 Forms for inspection.
By affixing your signature below you hereby affirm that you will comply with E -Verify requirements.
ETA Transit Systems
Company Name
09/19/2025
Offeror Signature Date
Nicole Castonguay COO
Print Name Title
73-1689659
Federal Employer Identification Number (FEIN)
Sworn to and subscribed before me on this this 19 day of September
® Is personally known to me
❑ Has produced identification (type of identification produced:
V Sign re f Notary Public
1101MGER
Natary 4 --State e1 FIE.
[amm4dw / HN ]d1S]S
,,,—t,., MyCamm.f.plre,Apr3,3077 April 2, 2027
eonded Mwph Wllonal Hetuylsm.
Print or Stamp of Notary Public Expiration Date
2025.
O� SUNNY +S`�SB
F
U , I
r
hF 9�� FI.OP�O yW
oP SUN PND Affidavit of Compliance with Anti -Human Trafficking Laws
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 947-0606
The undersigned, on behalf of the entity listed below ("Entity"), hereby attests, under penalty of
perjury, as follows:
1. Entity does not use coercion for labor or services as defined in Section 787.06, Florida
Statutes. (Source: § 787.06 (13), Florida Statutes — Human Trafficking).
2. The undersigned is authorized to execute this affidavit on behalf of Entity.
Date: September 19 20 25
Entity: ETA Phi Systems, Inc
STATE OF Florida
COUNTY OF Palm Beach
Signed:
Name: Nicole Castonguay
Title: COO
The foregoing instrument was acknowledged before me, by rgeans o�❑ physical presence ori(
online n rization, this 19 day of eptem er 20 25 by
La-111v�as Coo for
ETA Phi Systems, enc I , who is personally known to
me or who has produced FL Drivers License as identification.
Notary Public Signature:✓�'
Print Name: Bessy Prager
BESSYPMGER
Notary mlWa - Sub of Florida
' q Comm Explr HUMUS
2,2S
My Comm. Eaplre+Apr 2, IOi7
Bonded lNoo9h Natlonal Notary ban.
State of Florida at Large (Seal)
April 2, 2027
My commission expires:
.I k 4F SUE+ 1.
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Fabricio Volpi, Public Works Director
DATE: September 18, 2025
RE: Approval of an Agreement with ETA Phi Systems, Inc. for the Purchase of an
Intelligent Transportation System
RECOMMENDATION:
Staff recommends approval of this resolution.
REASONS:
The city operated shuttle bus service utilizes software for vehicle tracking and a mobile application for
bus route information for use by the public. There is also software used for the required security
cameras on the buses and automatic passenger counters. The current software is inadequate and many
complaints have been received by the public.
This fiscal year, Transportation budgeted to replace this system with a more advanced and reliable
service. Over the course of many months, a team of employees have field reviewed several vendor
options to determine the one that will be best suited for our operation.
The City Project Manager's recommend ETA Phi Systems Inc. to meet our transportation needs. This
new software system for the Shuttle Buses provides a user-friendly mobile application that features
multiple languages to better inform our residents on arrival and departures times as well as prompts for
Item Number: 91
407
any unusual delays. In addition to this, the new software will help the Transportation Department have
a better tracking system of the routes, as well as the passenger counter for reporting ridership as
required by Miami -Dade County. The proposed system will include updated cameras, fixed base route
system, an automatic passenger count (APC), Real-time GPS/Arrivals-Departures (GTFS-RT) package,
automatic voice announcements (AVA), infotainment LCD screens, digital vehicle inspection record
(DVIR) and onboard cellular router. The city is requesting approval to award ETA Phi Systems, Inc., a
contract amount Not -To -Exceed $478,107.00 across a five (5) year period.
ADDITIONAL INFORMATION:
Lead Time:
With a targeted Notice -To -Proceed date of October 6, 2025, a System Burn -In Period Ending November
6, 2025, and the phasing out of the existing system, ETA's system should be fully deployed by December
30, 2025.
Procurement Method:
Pursuant to Sunny Isles Beach Code of Ordinances § 62-13. Purchases made under state general service
administration contracts, federal, county or other governmental contracts or competitive bids with
other governmental agencies, the City is authorized to piggyback and enter into contracts without
competitive bidding by utilizing existing local, state or other governmental authorities that followed a
competitive bidding procedure leading to the award of a contract.
On June 20, 2019, Brevard County issued a Request for Proposal contract #RFP -5-19-15 Intelligent
Transportation System Software. ETA Phi Systems, Inc. was awarded the contract to provide such
services, the contract remains active.
References:
The City's Public Works Director and IT visited the Cities of Hialeah and Coral Gables on several
occasions and were satisfied with the software and app performance. Additionally, four agencies
provided references for ETA Phi Systems, Inc. The agencies were The Cities of Hialeah and Coral
Gables, Brevard County Government, and Florida Atlantic University. All four (4) agencies provided
favorable references.
Summary of Events:
In summary, due to repeated service and passenger safety equipment failures with the current vendor
—posing significant operational and safety risks—the City conducted a thorough evaluation process,
including field reviews and reference checks. ETA Phi Systems, Inc. was selected for offering a full -
Item Number: 91
408
package solution, and being available through a piggyback contract method via Brevard County's
competitively bid contract.
FUNDING SOURCE:
Funds have been appropriated as follows: New Hardware and Software: Accounts 110-5-5440-434050-
00000 (Software), 110-5-5440-446002-00000 (Annual Maintenance and Warranty), 110-5-5440-
464150-00000 (Hardware), and Account 110-5-5440-434050-00000 (ETA Solar Powered Trackers). This
system purchase amount is $310,363.00 for Year (1). Years (2) through (5) will be budgeted each year for
the annual subscription service in the amount of $41,936.00 each year.
ATTACHMENTS:
Resolution
Agreement
Item Number: 91
409