HomeMy WebLinkAbout25G - AGMT - SMART METERSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 20, 2014
TITLE:
AGREEMENT WITH IPS GROUP, INC.
FOR THE PURCHASE AND INSTALLATION
OF CREDIT CARD ENABLED PARKING
METERS AND GROUND SENSORS
FOR DOWNTOWN
CITY MANA9kR
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2 n Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and the Clerk of the Council to execute an agreement with IPS
Group, Inc. for the purchase of smart parking meters, parking sensors, and data management to
replace regular on- street meters in Downtown Santa Ana, in an amount not to exceed $500,000,
subject to non- substantive changes approved by the City Manager and City Attorney.
Improving the experience of visitors to Downtown and the ability to access parking remains a
priority for Santa Ana. Upgrading the City's outdated parking technology is necessary to achieve
this goal and to meet the evolving needs of the City. The smart single -space meters provide
electronic payment options, such as credit card and pay -by -phone features to enhance the
overall parking experience. When paired with ground sensors, which detect the absence and
presence of a vehicle, the meters can be reset upon vehicle departure. The meters and ground
sensors use wireless communication to allow for remote management including the ability to
make changes to rates and hourly settings. Through this system, meters report their status and
activity, provide parking occupancy data, text alerts to instantly report jams to parking meter
technicians in the field, and a technological means to prevent feeding the meter beyond the
posted time limit, all of which improve the experience of Downtown motorists and parking meter
program efficiency.
As a result of the 2013 trial of 50 smart meters and ten ground sensors placed in high- demand
areas of Downtown, staff observed improvements in both customer service and parking meter
revenue. A reduction in violations /citations was also reported by the Police Department. Based
on the success of this trial program, the City Council approved the release of a Request for
Proposals (RFP) in March of 2014 to qualified companies to replace regular on- street meters in
Downtown Santa Ana.
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Agreement with IPS
May 20, 2014
Page 2
The RFP was posted on the city website and companies who were experienced in the
implementation of parking technology with credit card enabled meters were invited to participate.
The City received four proposals for consideration. The proposals were evaluated by a team
comprised of representatives from each of the following agencies: Police Department, Finance
and Management Services, Community Development Agency and County of Orange Parking
Administration. The evaluations were based on several criteria, including technical
specifications, cost to the City, approaches to purchase, innovation and schedule, methodology
to wireless communications and due diligence checks. All four firms were invited to the interview
phase of the evaluation process. The ratings for the four firms are identified in Table 1 below:
TABLE 1
TOTAL
RANK
PROPOSER
LOCATION
RATING
SCORE
1
IPS Group
San
793
2
Duncan
Milwaukee,
Solutions
WI
714
3
Streetline
Foster City,
461
CA
4
POM
Russellville,
401
AR
The evaluation committee determined that IPS Group, Inc. was the top proposer and received the
highest overall ranking as a result of their proposal and interview. IPS Group, Inc. presented a
quality proposal and diligently addressed their proposed equipment, approach and methodology.
In addition, to providing credit -card functionality, the IPS meters produce superior dynamic real -
time usage and revenue reports.
IPS Group, Inc. is a local San Diego based company and currently provides similar parking
technology to over 160 cities across the nation including the City of Santa Monica, City of
Huntington Beach, and the City of Los Angeles. IPS Group, Inc. provides innovative ideas
including the ability for their meters to display public alerts, graphics and advertising from local
businesses. IPS Group, Inc. has demonstrated the organizational credentials, resources and
staff experience necessary to meet Santa Ana's high customer service expectation and
effectively manage and operate the wireless communications between the proposed equipment,
back -end software and the City.
Based on the overall quality and thoroughness of the proposal, staff recommends the selection of
IPS Group, Inc. for the purchase smart parking meters, parking sensors, and data management
for the downtown. The City anticipates that with increased parking revenues of 20 to 40 percent,
it is anticipated that the cost of acquisition can be amortized within 18 months. Revenues may
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Agreement with IPS
May 20, 2014
Page 3
vary depending upon placement of the ground sensors and-vehicle parking al these locations. It
is anticipated by the funds for an estimated $75,000 in annual operating and maintenance costs
will be authorized by the City Council as part of the budget each fiscal year.
In addition, pursuant to the development agreement dated August 8, 1991 between the City and
County of Orange, the City will continue to provide support and maintenance of the parking
meters located at the Historic Court House parking lot. The County of Orange has indicated an
interest in the smart meters and will reimburse the City for the cost to acquire these meters.
FISCAL IMPACT
Funds are available in the Machinery & Equipment account (no. 02718860 - 66400) and in the
Maintenance & Repair account (no. 02718860- 62322.)
colt Kutner
District Manager
Community Development Agency
SKITE /kg
Exhibit: 1. Agreement
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
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EXHIBIT 7
AGREEMENT TO PURCHASE PARKING METER
EQUIPMENT AND RELATED SERVICES
This Agreement To Purchase Parking Meter Equipment And Related Services
( "Agreement ") is made effective May 2014 (the "Effective Date "), by and between the
City of Santa Ana, a municipal corporation (the "City'), and IPS GROUP, INC., a Pennsylvania
corporation ( "IPS "), with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of the
State of California with the power to carry on its business as it is now being conducted
under the statutes of the State of California and the Charter of the City.
E. IPS is a Pennsylvania corporation that is qualified to do business, and is doing business,
in the State of California. IPS markets and supports a certain web -based system and
operating system software known as the IPS Data Management System (the "DMS ").
C. City seeks to purchase a smart parking meters system for use by the City's Parking
Operations pursuant to the City s RFP and IPS response to the City RFP.
D. City and IPS desire to enter into this Agreement for IPS to deliver, install, and service its
single space parking meters and related equipment (i.e., such as vehicle detection
systems and other parking related equipment contemplated by this contract) in
conjunction with the DMS (collectively, "IPS Equipment and Software ") to the City upon
the terms and conditions set forth below.
Now, therefore, the parties agree as follows:
TERMS AND CONDITIONS
1. Term of Agreement.
1.1. Initial Term. The term of the Agreement means the period from the Effective
Date above and will be in effect for a period of five (5) years.
1.2. Option to Extend. City shall have the option to extend the term of the Agreement
for additional one (1) year increments, for a period not to exceed five (5) years.
City shall notify the Contractor of its intention to exercise the option to extend the
Agreement at least ninety (90) days prior to the end of each such term.
2. IPS Services.
2.1. Scope of Services. IPS agrees to diligently undertake, perform, and complete all
of the services ( "Services ") described in Attachment A.
2,2. Standard of Care. IPS agrees to faithfully perform the Services in accordance with
the standards of care, skill, training, diligence, and judgment provided by highly
competent individuals of IPS's profession currently practicing in the same locality
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under similar conditions, and in accordance with the terms of this Agreement
3. City Services & Responsibilities. The City agrees to:
3.1. Make available to IPS any currently existing documents, data or information
required for the performance of the Services, including any material updates
therein.
3.2. Designate a representative authorized to act on behalf of the City. City, at its own
cost and expense, shall keep the equipment in good repair, condition and working
order. The City will also notify IPS of any need for warranty repair work and will
coordinate the return process with IPS
3.3. Provide first line of preventative maintenance for all meter mechanisms for the
term of this Agreement.
3.4. Be solely responsible for meter posts and housings, including keeping meter
posts, keys locks and housings in good working order and in compliance with all
applicable laws
3.5. City shall use the parking meter equipment in the proper manner and shall
comply with and conform to all national, state, and local laws and regulations in
any way relating to the possession, use or maintenance of the equipment.
3.6. The City shall be fully responsible, at its own cost and expense, to provide and
maintain a merchant account and associated merchant account services using a
City designated third party provider.
4. Parking Meter Equipment Delivery and Installation.
41. IPS shall deliver new, fully - tested parking meter equipment. No used or
previously owned parking meter equipment will be allowed.
4.2. Coordinated installation of all parking meter equipment will take place according
to a pre - defined deployment plan created by City and IPS, during standard
business hours, and will be based on mutual agreement of staffing, dates, and
locations.
4.3. City staff, in conjunction with IPS staff, will inspect parking meter equipment
following installation to ensure proper installation and operation. Unless
otherwise notified in writing, system acceptance will take place at the time of
installation of the parking meter equipment, but no later than ten (10) business
days following completed installation or thirty (30) days following delivery,
whichever occurs first.
S. Compensation
5.1. The City will compensate IPS for the purchase of IPS Equipment and Software, as
set forth in Attachment A.
5.2. City further agrees to pay to IPS the amounts specified in Attachment A on a Net
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30 basis from the date of invoice.
_. _..._. 5.3. City agrees to promptly notify IPS in writing of any dispute with any invoice, and
that invoices for which no such notification is made within 10 business days shall
be deemed accepted by the City.
5.4. Notwithstanding anything stated herein or in any Attachment hereto, to the
contrary, the compensation shall not be increased without the approval of City in
writing.
6. Warranties.
6.1. IPS shall provide a full 12 -month warranty on all equipment as described in
Attachment A, IPS Limited Warranty, on all installed equipment. Extended
warranties are available for an additional fee.
6.2. IPS shall provide technical support via telephone Mondays through Fridays from
8:00 AM to 4:00 PM. IPS shall provide on -site technical support within 24 hours
Mondays through Fridays from 8:00 AM to 4:00 PM, IPS shall ensure the
availability of current manuals and shall provide all manuals for any future
upgraded or new services.
6.3. The Contractor shall bear risk of loss of the Parking Meter Equipment, including
any damage sustained during transportation to the delivery site. Transfer of title
to Parking Meter Equipment, and otherwise risk of loss, shall pass to City upon
delivery.
7. Intellectual Property and Confidential Information.
7.1. The City exclusively and solely owns all City Data and the intellectual property
therein. IPS further agrees to execute any documents necessary for the City to
perfect, memorialize, or record the City's ownership rights in City Data. For
purposes of this Agreement, "City Data" means all intellectual property of the City,
including but not limited to occupancy data, financial records, programming
configurations of the parking meters, CIS location and rates, and other operational
data and tailored operational programming.
7.2. IPS may not provide or disclose any City Data to any third party without the City's
prior written consent.
7.3. Any subcontract entered into by IPS relating to this Agreement, to the extent
allowed hereunder, must include a like intellectual property provision to ensure
that the City's ownership rights in City Data are preserved and protected as
intended in this Agreement. Failure of IPS to comply with this requirement or to
obtain the compliance of its subcontractors with such obligations constitutes a
breach of this Agreement and will subject IPS to damages paid to the City and the
imposition of all sanctions allowed by law, including but not limited to
termination of this Agreement.
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7.4. IPS represents and warrants that it owns or has acquired all requisite rights and
licenses to use all intellectual property embodied, practiced or employed in IPS
Equipment and Software being used by the City.
7.5. IPS hereby grants the City, including its departments, commissioners, officials,
officers, employees, consultants, and agents (collectively, "City") all the rights and
licenses required to use IPS Equipment and Software. Such rights and licenses are
non - assignable, non - transferable and non - exclusive, and specific only to use
within the City.
7.6. All pre- existing and independently developed intellectual property, and any
derivation thereof, including but not limited to designs, models, inventions,
processes, methodologies, software, associated documentation, software
upgrades, modifications and customizations, copyrightable material and other
tangible and intangible materials authored, and combinations thereof, prepared,
created, made, delivered, conceived or reduced to practice, in whole or in part, by
the Contractor and provided to the City ( "Pre- Existing and Independently
Developed IP ") will at all times remain the sole and exclusive property of the
Contractor and /or its vendors. Nothing in this Section or elsewhere in this
Agreement shall be construed as assigning, selling, conveying, or otherwise
transferring any ownership rights or title in Contractor Pre - Existing and
Independently Developed IP.
7.7. The Contractor understands the nature of public information and the requirement
for the City to adhere to all rules and laws that apply to public information, such
as the Freedom of Information Act, Public Records Act, and the like. However, the
City also understands that the Contractor's equipment and software contain
intellectual property, copyrights, and trade secrets that do not exist in the public
domain. Therefore, the City agrees that it shall not knowingly agree, assist, or sell
any equipment or allow any third party to gain access to equipment, software, or
documentation provided by the Contractor for the purposes of reverse
engineering or evaluation without the prior written consent of the Contractor, or
as mandated by applicable law.
7.8. The provisions of this Section will survive expiration or termination of this
Agreement.
8. Dispute Resolution.
8.1. If any dispute arises out of or relates to this Agreement, or the breach thereof, the
parties agree to meet and confer and negotiate in good faith prior to initiating a
suit for damages. However, this Section does not prohibit the filing of a lawsuit to
toll the running of a statute of limitations or to seek injunctive relief. Either party
may make a written request for a meeting between representatives of each party
within 14 calendar days after receipt of the request or such later period as agreed
by the parties. Each party shall include, at a minimum and to the extent possible,
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one senior level individual with decision - malting authority regarding the dispute.
The purpose of this and any subsequent meeting is to attempt in good faith to
negotiate a resolution of the dispute. If, within 30 calendar days after such
meeting, the parties have not succeeded in negotiating a resolution of the dispute,
they will proceed directly to mediation via a mutually agreed third party, with the
cost of mediation equally shared between the City and IPS or as otherwise agreed
to between the parties. Negotiation may be waived by a written agreement signed
by both parties, in which event the parties may proceed directly to mediation as
described above. The terms and conditions of any mediation will be governed by a
separate, written agreement.
9. Termination of Agreement.
9.1. If either the City or IPS violates any material term or condition of this Agreement
or fails to fulfill in a timely and proper manner its obligations under this
Agreement, then the aggrieved party will give the other party (the "responsible
party") written notice of such failure or violation. The responsible party will
correct the violation or failure within 30 calendar days or as otherwise mutually
agreed. If the failure or violation is not corrected, this Agreement may be
terminated immediately by written notice from the aggrieved party. The option to
terminate will be at the sole discretion of the aggrieved party.
9.2. When it is in the best interest of the City, the City may terminate this Agreement,
in whole or in part, by providing 90 calendar days' written notice to IPS prior to
the effective date of termination. Upon termination, the City is liable for
outstanding, undisputed payments required by the terms of this Agreement for
Services received by the City. Upon termination, IPS shall have no liability
whatsoever, including but not limited to providing any ongoing services.
10. Insurance.
10.1 Prior to undertaking performance of work under this Agreement, Consultant
shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance
as described below:
10.1.1 Commercial General Liability Insurance. IPS shall maintain commercial
general liability insurance which shall include, but not be limited to
protection against claims arising from bodily and personal injury, including
death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of IPS's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The
amounts of insurance shall be not less than the following; single limit
coverage applying to bodily and personal injury, including death resulting
therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, and in the aggregate, Such insurance shall (a) name the City,
its officers, employees, agents, volunteers and representatives as additional
insured(s); (b) be primary and not contributory with respect to insurance
25G -9
or self - insurance programs maintained by the City; and (c) contain standard
separation of insureds provisions.
10.1.2 Business automobile liability insurance, or equivalent form, with a
combined single limit of not less than $1,000,000 per occurrence. Such
insurance shall include coverage for owned, hired and non -owned
automobiles.
10.1.3 Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Consultant, if IPS is required to be insured
against liability for worker's compensation or to undertake self - insurance.
Prior to commencing the performance of the work under this Agreement,
IPS agrees to obtain and maintain any employer's liability insurance with
limits not less than $1,000,000 per accident.
10.1.4 Professional liability (errors and omissions) insurance, with a combined
single limit of not less than $1,000,000 per claim.
10.1.5 The following requirements apply to the insurance to be provided by IPS
pursuantto this section:
(i) IPS shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved in form by the
City Attorney.
(iii) Certificates and policies shall state that the policies shall not be
canceled or reduced in coverage or changed in any other material
aspect without thirty (30) days prior written notice to the City.
10.1.6 If IPS fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that
insurance has been procured and is in force and paid for, the City shall have
the right, at the City's election, to forthwith terminate this Agreement. Such
termination shall not affect Consultant's right to be paid for its time and
materials expended prior to notification of termination. Consultant waives
the right to receive compensation and agrees to indemnify the City for any
work performed prior to approval of insurance by the City.
11. Defense and Indemnification.
11.1. IPS agrees to defend and indemnify City, its City Council, boards and commissions,
officers, agents, and employees, from and against any or all loss, damages, liability,
claims, suits, costs, expenses, and judgments, whatsoever, including reasonable
attorney's fees, arising from the negligent or willful acts, errors or omissions of
IPS or IPS's officers, agents, employees or subcontractors, in the performance of
services, activities or work conducted pursuant to this Agreement. IPS shall not
be required to indemnify the City in any form as a result of negligent or willful
acts, errors or omissions of the City.
11.2. Limits of Liability: Any damages claimed for any reason under this contract shall
not exceed the value of the contract itself.
12. Liens and Taxes.
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12.1. City shall keep the parking meter equipment free and clear of all levies, liens, and
encumbrances, except those created by this Agreement. City shall pay, when due,
all charges and taxes (local, state, and federal), which may now or hereafter be
imposed in conjunction with this Agreement.
13. Notices.
13.1. All notices under this Agreement must be in writing, shall refer to the title and
effective date of this Agreement, and shall be sufficient if given personally, sent
and confirmed electronically, or mailed certified, return receipt requested,
postage prepaid, and at the address hereinafter set forth or to such address as
such party may provide in writing from time to time. Any such notice will be
deemed to have been received five days subsequent to mailing. Notices shall be
sent to the following addresses:
IPS:
IPS Group, Inc.
5601 Oberlin Dr, Suite 100
San Diego, CA 92121
Attn: Chad Randall
chad.randall@ipsgroupinc.com
tel: 858. 4040 -0607
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City:
City of Santa Ana
- -- - - 20 Civic Center Plaza, M29
Santa Ana, CA 92702
Attn: City Cleric
Maria.Nu izar0santa- ana.org
tel:714- 647.5235
14. Relationship of the Parties.
14.1. This Agreement shall not be construed as creating an agency, partnership, joint
venture or any other form of association between the parties, and both parties
shall be and remain independent entities. Neither party has the right or authority,
express or implied, to assume or create any obligation of any kind, or to make any
representation or warranty, on behalf of the other party or to bind the other party
in any respect whatsoever, except as otherwise provided in this Agreement.
15. Assignment.
15.1. Should the City enter into an agreement with a third party for parking operations
during the term of this Agreement, IPS shall provide that operator the same rights,
terms, and conditions as included in this Agreement. Such assignment shall not be
effective unless and until the City has provided notice to the IPS of such
assignment, and any such third party will be required to adhere to all terms and
conditions contained herein.
15.2. IPS may not assign, hypothecate or transfer this Agreement or any interest therein
directly or indirectly, by operation of law or otherwise without the prior written
consent of City. Any attempt to do so without the Cit,/s consent will be null and
void, and any assignee, hypothecatee or transferee acquires no right or interest by
reason of such attempted assignment, hypothecation or transfer.
16. General Provisions.
16.1. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver
of any subsequent breach of the same or any other term, covenant or condition
of this Agreement. No delay or failure on the part of either party to insist on
compliance with any provision of this Agreement shall constitute a waiver of
such party's right to enforce such provision, no matter the length of the delay.
In the case of any granted waiver by the consenting Party, which must be
provided in writing, such waiver shall not constitute a waiver of the same
obligation or any other obligation under this Agreement.
16.2. Modification; Amendment No oral modifications shall be effective and nothing
shall be deemed as a modification of this Agreement unless provided in writing
by both Parties.
16.3.Entire Agreement. This Agreement sets forth the entire agreement between the
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parties with respect to the subject matter hereof. Understandings, agreements,
representations or warranties not contained in this Agreement, or as written
amendment hereto, shall not be binding on either party. Except as provided
herein, no alteration of any terms, conditions, delivery, price, quality or
specifications of this Agreement shall be binding on either party without the
written consent of both parties.
16A.Integration. This Agreement may be executed in two (2) counterparts each of
which shall be deemed an original, but all of such taken together shall con-
stitute only one Agreement, superseding all prior understandings, oral or
written; and it is expressly understood and that this Agreement does not
obligate either party to enter into any other or further agreements.
16.5. Governing Law. This Agreement shall be construed and enforced according to
the laws of the State of California, without regards to conflict -of -laws
principles, and all local laws, ordinances, rules, and regulations.
16.6. Venue and jurisdiction. The City and IPS agree that the Services will take place
in Los Angeles County. Any litigation arising out of this Agreement may only be
brought in either the United States District Court, Central District of California,
or the Superior Court of California, County of San Diego, as appropriate. The
parties agree that venue exists in either court, and each parry expressly waives
any right to transfer to another venue. The parties further agree that either
court will have personal jurisdiction over the parties to this Agreement.
16.7. Force Majeure. If any party is prevented from performing its obligation stated
in this Agreement by any event not within the reasonable control of that party,
including, but not limited to, an act of God, public enemy, war, fire, an act or
failure to act of a government entity (except on the part of the City),
unavailability of materials, or actions by or against labor unions, it shall not be
in default in the performance of its obligations stated in this Agreement.
Provided, however, any party delayed by such an event shall request an
extension of time to perform its obligations stated in this Agreement by
notifying the party to which it is obligated within ten days following the event.
If the notified party agrees that the event was the cause of the delay, the time to
perform the obligations stated in this Agreement shall be extended by the
number of days of delay caused by the event. If the required notice is not given
by the delayed party, no time extension shall be granted.
16.8.Severability. If any provision in this Agreement subsequently is determined to
be invalid, illegal or unenforceable, that determination shall not affect the
validity, legality or enforceability of the remaining provisions stated in any
section or sub - section of this Agreement unless that effect is made impossible
by the absence of the omitted provision.
16,9.Authorization. Roth Parties represent and warrant that the person executing
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..... _ ....
this Agreement on behalf of each Party is an authorized agent who has actual
authority to bind each Party to each and every term, condition, and obligation
of this Agreement and that all requirements of each Party have been fulfilled to
provide such actual authority.
16.10. Binding Document. The City and IPS each binds itself, its partners,
successors, assigns, and legal representatives to the other party hereto in
respect to all covenants, conditions, and obligations contained in the
Agreement.
16.11. Section Headings. All section headings in this Agreement are for the
convenience of reference and are not intended to define or limit the scope of
any provision of this Agreement.
16.12. Survival of Provisions and Obligations. Any provision of this Agreement,
which by its nature must be exercised after termination of this Agreement, will
survive termination and remain effective for a reasonable time. Any obligation
that accrued prior to termination of this Agreement will survive termination of
this Agreement.
SIGNATURE PAGE FOLLOWS
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In witness whereof, the parties have caused this Agreement to be executed the day and year
first above written.
ATTEST:
Maria Huizar
City Clerk
APPROVED AS TO FORM:
Sonia R. Carvalho
City Attorney
CITY
a municipal corporation
David Cavazos
City Manager
CONTRACTOR:
IPS GROUP, INC.,
a Pennsylvania corporation
am
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CHAD P. RANDALL
Chief Operating Officer
TO BE INCLUDED IN PROPOSAL
EXHIBIT A
PRICING PROPOSAL
VENDOR NAME IPS Group, Inc: DATE April 18, 2014
1. PARKING SENSOR PURCHASE AND INSTALLATION PRICING
Parking sensor and installation pricing should assume and include all associated network hardware and software.
Item Description u tit Unit Price Extended Price
Meters /Installation per space 450 -500 $. 495,00 $222;750.00- $247,500,00
Sensor /Installation per space 200 -500 $ 295:00 $_59,000.00- $147,600.00
Other $_
*Prices quoted above Include shipping.
2. ON -GOING COMMUNICATION AND MANAGEMENT PEES
List all applicable recurring monthly fees associated with the system, Including communication fees, management fees,
connection and transaction fees, etc. Narrative to be attached describ[ng each item in detail,
Item Description Interval Unit Unit Price QUantItY Extended Price
",carraple °,
nruagiiait' a s'ts f es? i?tl >> q :i^ e t.{l {i
ON
DMS and License fee Monthly Space $5,75 500 $2,875.00
Secure gateway fee N/A Per transaction $0.13 Varies
Base data fee (sensor) Monthly Space $3.50 200.500 $700.00- $1,750:00
Real -time reporting" Monthly Space $2.75 200 -500 $550.00-$1,375.00
"Optional. This fee Is not required to be paid again if already using rear -time data fee option on IPS meters,
3, REPLACEMENT PARTS PRICING
Item Description Unit Price
Please see supplemental pricing info for replacement parts pricing..
Please see the Supplemental Pricing Info following this page for additional information, including lease pricing.
25G -16
City of Santa Ana, CA
'i leAldD { /f>
IJf4'`4.11 2 ,b1u i'ub'c;livni
CHAPTER j TOTAL COST TO CITY
SUPPLEMENTAL PRICING INFORMATiON
IPS is pleased to provide an elaboration of pricing detalls for our credit card - enabled single -
space meter for the City, We believe that IPS provides the very best, most proven credit card -
enabled single -space meter technology solution, which equates to the best possible value for
the City. We also believe in transparency which is whywe outline all costs up front so that you
will not be surprised, This Is especially true when it comes to credif card costs. if is not enough to
say that the customer will be responsible to set up a third -parfy credit card gateway service or
that additional fees associated with that service will apply. Instead, IPS discloses all of these fees
up front, very clearly, so that our customers can make a fully informed decision, It is this
transparency and sense of partnership that sets IPS apart from the competition.
Below are the costs associated with the purchase of ZOO meter mechanisms and 500 sensors,
These prices do not include costs associated with meter housings, poles, keys /locks and are
designed to be a retrofit using current meter housings.
[City of Santa Ana
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. •. W. . ty Optains
Product _
"NuMbsrofUnits
Lthli Price
IPS Credit Card - enabled Single -Space Meter - MSrM
$60.00
Pay as ou qo for each additional 12 monthq_ _
(Includes 12 month warranty, RFIt7 tag, meter fop, FOB
500
$485.00
Santa Ana,_CA}_
$100.00
warranty of 36 manthsJ
Optional extended Meter Warranty
Shipping (permefer)
Soo----
included
instaliatlon µ�
500
$10;O0
[City of Santa Ana
25G -17
. •. W. . ty Optains
Product
Unit Price
Optional extended Meier Warranty
$60.00
Pay as ou qo for each additional 12 monthq_ _
Optional extended Meter Warranty
(Pay up front for an additional 24 months, for a total product
$100.00
warranty of 36 manthsJ
Optional extended Meter Warranty
(Pay up front for an additional 48 months, for a total product
$170,00
[City of Santa Ana
25G -17
City of Santa Ana, CIA
STANDARD ONGrDING IPS DATA AND MANAGEMENT SYSTEM FEES
In order to facilitate credit card transaction growth, iPS Is offering the City a BEST RATE
GUARANTEE, In order to provide the most economical plan available for the customer, upon
customer request, IPS will move customer to least -cost plan shown below at no additional cost- if
another fee structure offered would be more beneficial to the customer,
o .. Data & Management
Feed e Option 1 Option 2
Secure Wireless Gateway /Data Fee and Meter Management
$5 75
$8 00
Systerri Software License Feo
500 meters
$4,000.00
fJianerrrenstem Software License FeFee
_
_
Secure Credit Card Payment Gateway Fee (per transaction)
$0.13
$0.06
Based on the City's anticipated projection of 19 credit 'transactions per month, IPS has
calculated the following ongoing monthly fees for 500 meters.
rJptton 1 Fee unit Ext, Cost
Secure Wireless Gateway /Data Fee and Meter $7,875.00
Mona ement System Software License f-e $5.75/month 500 meters
Secure Credit Card Payment Gateway Pee {per $0.13 19 rc x 500 $1,235.00
meters _._. ---
Total: $4,770.00
c7 ftu0 2
Fee
unit
Ext, Cost
Secure Wireless Gateway /Data Fee and Meter
$8.00/month
500 meters
$4,000.00
fJianerrrenstem Software License FeFee
_
_
Secure Credit Card Payment Gateway Fee {per
$0.06
19 cc x 500
$570,00
meters__
Total: $4,570.00
NOTE: Additional ongoing costs associated with wireless services, management system access,
and credit card fees are ongoing and outlined above: All pricing does not Include any
applicable state or local taxes that are required to be paid by the City currently or in the future.
Ongoing fees are subject to annual adjustment due to increases in Inflation as published by the
US Bureau of Labor Statistics for All Items Consumer Price index for All Urban Consumers (CPI -U)
for the US City Average, and wlif not exceed 3% annually,
71 City of Santa Ana
25G -18
City of Santa Ana, CA
b7? a- 1.11: ?fM nh<:.dv;inL`�tN..n 91IDIy n i 'wl Pulk,in<I W.'Ic"
METER AND MANAGEMENT SYSTEM CUSTOMIZATIONS & UPGRADES
• IPS customizations will be evaluated and quoted at time of request, Standard hourly fees
for customlzatlons are $150 per hour.
• Client may, from time to time, wish to Implement available upgrades In meter hardware and
software. Additional hardware costs will be paid by the Client as provided for in a quote by
IPS separate from or by mutual written amendment to any agreement, The Client maintains
the sole right to determine when and where such upgrades will. be implemented.
• IPS will make available software upgrades of no additional charge to the City. However, arty
data costs associated with downloading such software upgrades to parking meters will
apply, Additional charges may apply for new software that requires new or upgraded
hardware. A meter firmware change will cost $2.50 data charge per meter If based on a
customer driven customization.
• Add $2.75 per meter per month for additional real -time data reporting features, such as real
time coin transactions. This fee Is not typically required for efficient visual enforcement of IPS
meters; however, if real time coin payment is a requirement, then this additional data fee will
apply.
IPS Group software customer support is included our monthly fees for meter management,
software and communications.
Meter Installation B Training
Initial Installation, commissioning, and testing services costs are included in the pricing
submitted.
Additional costs associated with permitting will be added at cost fo this proposal.
Future fees will be quoted on an as- needed basis. Reimbursement for future travel
expenses (food, transportation, hotel and flight accommodation) will also be included
for all on -sife personnel and will be submitted in fine with the GSA Domestic Per Diem
Rates along with additional labor rotes based on $75 per hour.
Delivery Terms
• Delivery- Standard lead time is 60 days from order placement.
• Freight- See pricing
Payment Terms
• Net 90
• IPS will offer a 1 % discount based on Net 7 payment
• A service charge of 1.5% per month or the lawful prevailing rate, whichever is lower, will
be applied to all Invoices which are past due
) City of Santa Ana
25G -19
.? City of Santa Ana, CA
0 GpAdFY_.V+'
Frr" 14 k!i l` i+,n hli rd;:xnin7m,m ,:; C;rnwnP �wn Pr.n'kinq M', I'm
OPTIONAL PAY- BY -CCLL
IPS is pleased to provide pricing details for our optional Integration with pay -by -cell phone
systems, which will be seamlessly Integrated Into the IPS management system via the wirelessly
enabled single space meter system. No applicable taxes are Included in any pricing below, IPS
is currently Integrated with multiple pay -by -cell vendors,. Including Parkmobile, PayByPhone, and
MobiieNow and will partner with any pay -by -cell vendor the City chooses, Below you will find
the pricing to allow the City to push time directly to the meter, which will ensure enforcement will
not be Impacted in any way,
I City of Santa Ana
25G -20
u nwcos ,r
SENSOR PRICING
City of Santa Ana, CA
f411 f'l 0 2 h)� Po odP - ;Iwlolkw of rlowrdovvr� fArA w'
IPS is pleased to provide pricing details for our optional vehicle detection system, which will be
seamlessly integrated Info the iPS management system via the wlrelessly enabled single space
meter system. This system is not designed to monitor unmetered locations. System costs do not
Include any additional permitting costs that may be required and will be added to any Invoice
submitted.
NOTE. Price per sensor (per unit) is the total fixed price for the equipment, Additional ongoing
costs associated with wireless services, management system access are ongoing and outlined
below. All pricing does not include any applicable stone or local taxes that are required to be
paid by the city now or in the future. All costs of permits will be added to customer invoice,
i a ♦ •
Item,
Cost'Pdr Month per Space
> Iterri`
CostperSpace..-
Vehicle L7ofection Sensate
$250.00
(12-month warranty, FOB Santa Ana, CA,
$6.25
installation
$45.00
OPTIONAL: Extended Sensor Warranty (each
$35,00
additiona€ 12 months)
NOTE. Price per sensor (per unit) is the total fixed price for the equipment, Additional ongoing
costs associated with wireless services, management system access are ongoing and outlined
below. All pricing does not include any applicable stone or local taxes that are required to be
paid by the city now or in the future. All costs of permits will be added to customer invoice,
i a ♦ •
Item,
Cost'Pdr Month per Space
Management System / Base Data Fee
$3.50
Optional: Real Time Reporting Fee*
$2.75
Total {including optional real time feel
$6.25
* Real Time Reporting Fee Is not required to be paid again If already using real time data fee
option on iPS metes. Real time data fee covers the real time reporting of vehicle presence for
the purpose of real time maps or real time enforcement,
NOTE: Ongoing fees are subject to annual adjustment due to Increases In Inflation as published
by the U5 Bureau of Labor Statistics for All Items Consumer Price Index for All Urban Consumers
{CPI -U) for the US, City Average, and will not exceed 3% annually. Root time reporting fee not
required if already using real time reporting fee on the IPS meter,
( City of Santa Ana
25G -21
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA AND COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR THE MODERNIZATION OF
DOWNTOWN PARKING METERS
PROPOSAL & CONTRACT AGREEMENT - PROPOSER'S STATEMENT
Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the
City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has
been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting here on
the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City
Attorney, denoting her approval of the form for this document, and its execution, and when it or an exact copy of it and be
either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with
the correct postage affixed thereto.
Proposer further agrees that upon delivery (as defined above) of the accepted agreement he /she will furnish City all
required bonds and certificates of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal
holidays), or the funds, check drafts, or proposer,'s bond substituted in lieu thereof accompanying this proposal shall
become the property of the City and shall be considered as payment of damagers due to the delay and other causes
suffered by City because of failure to enter into an Agreement and /or furnish necessary bonds and because it is distinctly
agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or
proposer's bond substituted in lieu thereof shall be returned to the undersigned.
Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP
:hedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based
upon the actual quantities of work satisfactorily completed.
All terms contained in the Specifications, the Certification of Non - Discrimination by Contractors, and the Workers'
Compensation Insurance Certificate are to be incorporated by reference into this Agreement and are made specifically as
part of this RFP.
IPS Group, Inc.
FIRM
Chad Randall
SIGNED AND PRINTED NAME"
Chief Operating Officer April 14, 2014
TITLE DATE
25G -22
TO BE INCLUDED IN PROPOSAL
CITY OF SANTA ANA COMMUNITY DEVELOPMENT AGENCY
REQUEST FOR PROPOSALS FOR THE MODERNIZATION OF
DOWNTOWN PARKING METERS
PROPOSAL AND CONTRACT AGREEMENT
CERTIFICATION OF NONDISCRIMINATION BY CONTRACTOR
The undersigned Contractor or corporate officer, during the performance of this contract, certifies as follows:
1. The Contractor shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that
applicants are employed, and that employees are treated during employment without, regard to their
race, color, religion, sex, or national origin. Such action shall include, but not limited to, the following:
employment, upgrading, demotions, or transfer; recruitment advertising; layoff ortermination; rates of
pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices
to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the
Contractor, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Contractor shall send to each labor union or representative of workers with which he has a
collective bargaining agreements or other contract or understanding, a notice to be provided advising
the said labor union or workers' representative of the Contractor's commitments under this section, and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Contractor complies with all provisions of Executive Order 11246 of September 24, 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Contractor shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and order of the Secretary of Labor, or pursuant
thereto, and will permit access to his/ her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event the Contractor's non - compliance with the non - discrimination clauses of this contract or with
any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for further Government contracts or
federally assisted construction/ services contracts in accordance with procedures authorized in
Executive Orders 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations,
or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
25G -23
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or
purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction
by the administering agency, the Contractor may request that the United States enter such litigation to
protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1039, and as
amended, no discrimination shall be made in the employment of persons because of race, religious
creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of
such persons, except as provided in Section 1420, and any Contractor violating this Section is subject
to all the penalties imposed for a violation of the Chapter.
IPS Group, Inc.
Chief Operating Officer April 14, 2014
TITLE DATE
TO BE INCLUDED IN PROPOSAL
25G -24
CITY OF SANTA ANA COMMUNITY DEVELOPMENT
REQUEST FOR PROPOSALS FOR MODERNIZATION TO DOWNTOWN PARKING METERS
NON- COLLUSION AFFIDAVIT
-- CITY OF SANTA ANA
PROPOSAL AND CONTRACT AGREEMENT
NON- COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
To the City of SANTA ANA COMMUNITY DEVELOPMENT AGENCY
In accordance with Title 23 United State Code Section 112 and Public Contract Code 7106 the PROPOSER
declares that this bid is not made in the interest of, or on behalf of, any undisclosed person, partnership,
company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the
PROPOSER has not directly or indirectly induced or solicited any other PROPOSER to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived or agreed with any PROPOSER or anyone
else to put in a sham bid, or that anyone shall refrain from bidding; that the PROPOSER has not in any
manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid
price of the PROPOSER or any PROPOSER, or to fix any overhead, profit, or cost element of the bid price, or
of that of any other PROPOSER, or to secure any advantage against the public body awarding the contract of
anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that
,a contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any
corporation, partnership, company associations, organization, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note; The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion thereof shall also constitute signature of this Non - collusion Affidavit. PROPOSERS are
cautioned that making a false certification may subject the certifier to criminal prosecution.
State of California
Countyof y. fir, gel L
Subscribed and sworn to (or affirmed) before me on this 7 day of A 1- l { , 20 / � , by
lti eLe- P- eul' -. -' (I // , proved to me on the basis of satisfactory evidence to the person(s)
who appeared before me.
c
Notary Pu liclic Signature Notary Public Seal
QW, N S. Y6ARRA
Gc^�^ Ssor. No. 20391St N 'AR. PJ13LIC-CALIFORWA
SAN DIEGO COUNTY
My Comm EXPIISSAUGUST01,2017
25G -25
25G -26