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u 3NY l,( <br /> uI;_ Yom= iZ . <br /> F <br /> 5AGREEMENT BETWEEN THE CITY OF SUNNY ISLES BEACH <br /> 10� <br /> OF <br /> _°" AND PAYBYPHONE TECHNOLOGIES, INC. <br /> CONTRACT NO. C6399-1617-031 <br /> THIS AGREEMENT (hereinafter referred to as the "Agreement") is made in duplicate, <br /> this day of , 2017, by and between the CITY OF SUNNY ISLES <br /> BEACH, Florida, (hereinafter referred to as "City"), and PAYBYPHONE TECHNOLOGIES, <br /> INC., a corporation authorized to do business in the State of Florida (hereinafter referred to as <br /> "Contractor") whose Federal I.D. # is 98-0623595. <br /> RECITALS <br /> WHEREAS, the City of Sunny Isles Beach (the "City") is in need of a Contractor to <br /> provide a mobile payment program for parking services ("Services"); and <br /> WHEREAS, the City of Miami; Florida entered into an Agreement with Contractor on <br /> November 30, 2014 via Request for Production ("RFP") No. 14-06 to provide a mobile payment <br /> program for parking services, as more particularly described in Attachment "B"; a copy of which <br /> is attached hereto and incorporated herein by reference; and <br /> WHEREAS, Contractor has agreed to offer the same pricing terms to the City of Sunny <br /> Isles Beach as that offered to the City of Miami, Florida, as more particularly described in <br /> Attachment "A", attached hereto and made a part hereof; and <br /> WHEREAS, pursuant to the City's procurement code provisions, purchases made under <br /> state, county or other governmental contracts, or competitive bids with other governmental <br /> agencies are exempt from the City's competitive bidding procedures; and <br /> WHEREAS, the City wishes to enter into this Agreement with Contractor to provide the <br /> Services to the City for Twenty Seven Cents ($0.27) per parking transaction, in accordance with <br /> the pricing terms offered to the City of Miami, Florida via RFP No. 14-06; and <br /> NOW THEREFORE, in consideration of the promises and the mutual covenants herein <br /> name, the parties agree as follows: <br /> 1. SERVICES. Contractor agrees to perform the Services as more particularly described <br /> in Attachment "B", a copy of which is attached hereto and incorporated herein by reference. The <br /> Services shall be performed by Contractor to the full satisfaction of the City. Contractor agrees to <br /> have a qualified representative to audit and inspect the Services provided on a regular basis to <br /> ensure all Services are being performed in accordance with the City's needs and pursuant to the <br /> terms of this Agreement, and shall report to the City accordingly. Contractor agrees to <br /> immediately inform the City via telephone and in writing of any problems that could cause damage <br /> to the City's property, improvements and persons. Contractor will require its employees to <br /> perform their work in a manner befitting the type and scope of work to be performed. <br /> B <br /> C6399-1617-031 -PAYBYPHONE TECHNOLOGIES, INC. <br />