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Master Maintenance Agreement for Wayfinding Kiosk Devices with City of Miami Beach DocuSign Envelope ID:509B1 CE8-6C84-479B-A7AE-6927AAAB2DFB 2 0 23 ' 3 2 7 Sq STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION MASTER MAINTENANCE MEMORANDUM OF AGREEMENT FOR WAYFINDING KIOSK DEVICES WITH THE CITY OF MIAMI BEACH 06/05/2024 I 9:04 AM EDT This AGREEMENT,entered into on , 2024, by and between the State of Florida, Department of Transportation,an agency of the State of Florida,hereinafter called the DEPARTMENT,and the City of Miami Beach,a municipal corporation of the State of Florida,hereinafter called the CITY, and collectively referred to as the PARTY/PARTIES. RECITALS: A. The DEPARTMENT has jurisdiction over the following State Roads: Indian Creek Drive, Alton Road, Collins Avenue, 5`h Street, Harding Avenue, 715` Street, Normandy Drive, and 63rd Street; and, B. Pursuant to that certain IKE Agreement dated July 28,2023,attached hereto as Exhibit"A", between the CITY and IKE Smart City, LLC, a Delaware limited liability company, hereinafter called IKE,IKE intends to install,operate,and maintain wayfinding kiosks in and around the CITY, which wayfinding kiosks are powered by electricity, hereinafter called KIOSKS; and C The CITY, on behalf of IKE,desires to obtain approval from the DEPARTMENT to install, operate,and maintain KIOSKS on DEPARTMENT owned right-of-way(RW)for State Roads which the DEPARTMENT has jurisdiction over, collectively referred to as the PROJECT LIMITS as described in Exhibit"B", and D The DEPARTMENT will consider requests and may, but is not obligated to, grant approval to the CITY to install, operate, and maintain KIOSKS for the transportation purpose of providing wayfinding devices for pedestrians and bicyclists; and E The DEPARTMENT has determined that the KIOSKS are not"sign(s)"as that word is used in Section 337.407 of the Florida Statutes and, as a result, the KIOSKS are not subject to the prohibition set forth in Section 337.407(1) of the Florida Statutes; and F. DEPARTMENT approval is authorization to the CITY to install, operate. and maintain KIOSKS and does not transfer any property rights,to the CITY or IKE;and G The PARTIES to this AGREEMENT mutually recognize the need for entering into this agreement designating and setting forth the responsibilities of each PARTY with regards to the installation,operations,and maintenance of the KJOSKS installed within the PROJECT LIMITS and 'further the PARTIES acknowledge this AGREEMENT was drafted with equal participation by both PARTIES; therefore; no term or condition of this AGREEMENT shall be strictly interpreted in favor of or against either PARTY,; and Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(Master Kiosk Agreement) 1 of 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB H. The PARTIES agree that the execution of this AGREEMENT constitutes an assignment of all installation, operations, and maintenance responsibilities pertaining to all KIOSKS within the PROJECT LIMITS to the CITY. I The CITY, by Resolution No. 2023-32759, dated September 13, 2023, attached hereto as Exhibit"C", which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT,and authorizes its officers to do so. NOW,THEREFORE,for and in consideration of the mutual benefits contained herein and other good and valuable consideration,the PARTIES covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true and correct and are incorporated herein by reference and made a part hereof. 2. INSTALLATION a. The CITY will install all KIOSKS within the PROJECT LIMITS per the IKE Agreement dated July 28,2023,between the CITY and IKE and this AGREEMENT. In case of conflict, this AGREEMENT prevails. b. The CITY will install all KIOSKS within the PROJECT LIMITS in urban, high pedestrian volume areas along.areas of roadways where the speed limit does not exceed 35 miles per hour at the time of installation. c. The CITY will install all KIOSKS within the PROJECT LIMITS to provide a clear, unobstructed pedestrian path that is a minimum of six (6) feet in width. d. The CITY will install all KIOSKS within the PROJECT LIMITS.at the maximum practical distance from the face of curb. The CITY will provide'a minimum of four (4)feet from the face of curb to the KIOSK edge closest to the roadway within the PROJECT LIMITS and will increase this distance as needed to align the KIOSKS with existing features in the immediate vicinity of the KIOSKS such as utility poles, trees,etc. so that a pedestrian weaving pattern is not created. The DEPARTMENT will consider written requests from the CITY for distances less than four(4)feet if aligning the KIOSK edge closest, to the roadway with existing features in the immediate vicinity of the KIOSKS such as utility poles, trees, etc. eliminates a pedestrian weaving pattern; approval or denial of said requests by- the DEPARTMENT shall be in writing. A Design Variation must be submitted to the DEPARTMENT if the KIOSK is less than four(4)feet from the face of the curb. e. The CITY will install all KIOSKS within the PROJECT LIMITS a minimum distance. of 15 (fifteen) feet from any fire hydrant or accessible parking space. f The CITY will install all KIOSKS within the PROJECT LIMITS to not create any horizontal sight distance issues or other driver, bicyclist, or pedestrian sight obstructions. • Maintenance Memorandum of Agreement between Florida Department of Transportation and City ofMiami•Beach(Master Kiosk Agreement) 2of16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB g. The CITY will install all KIOSKS within the PROJECT LIMITS in accordance with the DEPARTMENT's Standard Specifications for Road and Bridge Construction applicable at the time of the installations. h. The CITY will install utilities for all KIOSKS within the PROJECT LIMITS without open cutting or trenching the sidewalk and pavement. The CITY will remove and replace sidewalks impacted by KIOSK installation from sidewalk joint to sidewalk joint. i. The CITY will install all KIOSKS within, the PROJECT LIMITS without creating horizontal walking surface gaps greater than a half (1/2) of an inch including gaps between the interface (perimeter) of the KIOSKS and the walking surface the KIOSKS reside on. If a separate 'pedestal' foundation is used, the interface of the foundation with the walking surface will be either flush or will extend a-minimum of six inches above the walking surface to function as a detectable curb delineating the walking surface from the foundation 'pedestal'. In no cases shall the foundation or level landing configuration impinge upon an unobstructed, clear side reach of ten inches from the edge of the level landing to the controls. j. The CITY will install all KIOSKS within the PROJECT LIMITS without creating vertical sidewalk differentials greater than a quarter (1/4) of an inch including differentials between the interface (perimeter) of the KIOSKS and the walking surface the KIOSKS reside upon. k. The CITY will install all KIOSKS securely to their foundations and will provide a clear opening between the KIOSKS and the sidewalks to facilitate cleaning of the sidewalks and preclude the accumulation of litter and debris. I. The CITY will install all KIOSKS with a minimum 30 inch x 48 inch level landing directly in front of the operational controls with the 48 inch dimension centered on the controls.A level landing is considered a 2%maximum surface slope in all directions. m.. The CITY will install all KIOSKS within the PROJECT LIMITS with screens that do not exceed 18 square feet in size and only provide messages on the front and back of the KIOSKS; further the KIOSKS themselves shall not be lit. n. The CITY will install all KIOSKS within the PROJECT LIMITS with light sensors allowing the screens to automatically dim brightness during nighttime hours. o. The CITY will install all KIOSKS within the PROJECT LIMITS with physical and cyber hacking security to prevent displays or messages which are not intended and approved by the CITY and IKE. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(Master Kiosk Agreement) 3 of 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB p. The CITY will install all KIOSKS within the PROJECT LIMITS with remote monitoring and control capability so any compromise in security can be shut down immediately. 3. OPERATIONS AND MAINTENANCE a. The CITY will operate and maintain all KIOSKS,as long as the KIOSKS remain in place,to ensure safety,aesthetics,and function. b. The CITY will operate and maintain all KIOSKS within the PROJECT LIMITS in accordance with the terms of the IKE Agreement dated July 28, 2023, between the CITY and IKE and this AGREEMENT. In case of conflict, this AGREEMENT prevails. c. The CITY will allow the DEPARTMENT to have input on and utilize the CITY's Directed Content for KIOSKS installed within the PROJECT LIMITS per the terms of the IKE Agreement dated July 28,2023, between the CITY and IKE.. d The CITY will operate and maintain all KIOSKS to ensure screens automatically dim brightness during nighttime hours. e. The CITY will operate and maintain all KIOSKS within the PROJECT LIMITS to ensure messages do not display chasing,flashing, or moving lighting. f. The CITY will operate all KIOSKS within the PROJECT LIMITS to provide message content that is of broad community interest and significance, approved by the CITY, and consistent with the IKE Agreement dated July 28, 2023, between the CITY and IKE. Message content will comply with the message content- related provisions of the DEPARTMENT'S "Sponsorship Program Policy" (dated February 6,2014)or any future message content policy that replaces it.The CITY will respond to and resolve all issues, comments, and questions relating to message content, regardless of source, to the satisfaction of the DEPARTMENT. The CITY will operate and maintain all KIOSKS within the PROJECT LIMITS to ensure they are secure from physical and cyber hacking resulting in displays or messages which are not intended and can be monitored and controlled remotely to immediately shut down any compromise in security. The CITY will immediately shut down any displays or messages not intended and approved by the CITY and IKE. li. The CITY will operate and maintain all KIOSKS within the PROJECT LIMITS to ensure all horizontal walking surface gaps in-the immediate vicinity of installed KIOSKS are not greater than a half(1/2) of an inch including gaps between the interfaces(perimeters)of the KIOSKS and the walking surface the KIOSKS reside on. Page 4 of 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB The CITY will operate and maintain all KIOSKS within the PROJECT LIMITS to ensure all walking surface vertical differentials are not greater than a quarter(1/4) of an inch in depth including vertical differentials between the interfaces (perimeters)of the KIOSKS and walking surface the KIOSKS reside on. j. The CITY will remove and dispose of litter within a 10-foot radius around each KIOSK within the PROJECT LIMITS during the daily visits to each KIOSK. I<. The CITY will submit Lane Closure Requests to the DEPARTMENT when maintenance activities require the closure of a traffic lane in the DEPARTMENT's right-of-way.Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager in accordance with the District Six Lane Closure Policy,as may be amended from time to time. The CITY will provide the DEPARTMENT a report every January with the total yearly (12=month period) usage for each of the KIOSKS.The report shall include the number of impressions gathered at each KIOSK installed within the PROJECT LIMITS, the number of hours the KIOSK is not operational, the number and duration of public service messages, and the total number of incidents/accidents recorded/reported that involves the KIOSK. m. The CITY will maintain a service log of all operations and maintenance activities within the PROJECT LIMITS that sets forth the date of the activity,the KIOSK that was maintained,and the work that was performed. n. The CITY is responsible for obtaining copies of all applicable rules, regulations, policies,procedures,guidelines,and manuals,as may be amended from time to time. 4. INSTALLATION',,OPERATIONS, AND MAINTENANCE DEFICIENCIES a. If at any time and for any reason it shall come to the attention of the DEPARTMENT that the CITY's contractual obligations as established herein are not being complied with pursuant to the terms of this AGREEMENT, the DEPARTMENT may. at its option, issue a written notice, delivered to the Office of the CITY MANAGER,to notify the CITY of the deficiencies.If the deficiencies are safety related or displayed messages related,the CITY shall immediately correct the cited deficiencies.The CITY shall correct cited deficiencies which are not safety related or displayed messages related in accordance with paragraph 13.a of the IKE Agreement dated July 28,2023, between the CITY and IKE. b. The CITY will provide the DEPARTMENT with an assessment of the cause of said deficiencies and provide written remedial measures that will be taken to prevent reoccurrence. If said deficiencies are not corrected to the satisfaction of the DEPARTMENT, the DEPARTMENT may,at its option, correct any deficiencies Page 5 of 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB or non-compliance and/or remove the KIOSKS at the DEPARTMENT's sole discretion and seek the costs of correcting the deficiencies or KIOSK removal from the CITY. 5. NOTICES All notices, requests,demands,consents,approvals,and other communication which are required to be served or given hereunder, shall be in writing and shall be sent by email or certified U.S. mail, return receipt requested, postage prepaid, addressed to the PARTY to receive such notices as follows: To the DEPARTMENT: Florida Department of Transportation 1000 Northwest III Avenue,Room 6205 Miami,Florida 33172-5800 Attn: District Maintenance Engineer Email: renato.marrero@dot.state.fl.us To the CITY: City of.Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attention: CITY Manager With a copy to: City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Attention: Assistant Director of the Public Works Department Notices sent by email will be deemed to have been received by the end of one(1) business day after being sent unless a reply of actual receipt is provided.Notices sent by.certified U.S. mail shall be deemed to have been received by the end of five(5)business days from the proper sending thereof unless proof of prior actual receipt is provided. 6. REMOVAL. RELOCATION OR ADJUSTMENT OF THE KIOSKS a. The CITY will remove,relocate,or adjust at any time in the future KIOSKS and restore the area of the. removed, relocated, or adjusted KIOSKS within the PROJECT LIMITS to a standard concrete sidewalk, in accordance with the DEPARTMENT's guidelines, standards, specifications, and procedures, at the CITY's expense, for the construction, repair,improvement,maintenance,safe and efficient operation,alteration, or relocation of all,or any part of a state road,at the DEPARTMENT's sole discretion and satisfaction. Page 6 of 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB b. The DEPARTMENT will notify the CITY a minimum of 60 calendar days prior to any DEPARTMENT-directed relocation, removal, or adjustment to allow the CITY time to coordinate the relocation,removal,or adjustment. If the KIOSKS are not relocated, removed, or adjusted in a timely manner as determined by the DEPARTMENT, then the DEPARTMENT will remove the KIOSKS at the CITY's expense. c. The CITY's operations and maintenance responsibilities will survive any relocation or adjustment,as long as the KIOSKS remain within the PROJECT LIMITS. 7. ,A.CTHORIZATION TO INSTALL.OPERATE. AND.MAINTAIN a. The CITY will submit draft KIOSK installation plans and details and schedules for each proposed location within the PROJECT LIMITS to the DEPARTMENT. The DEPARTMENT will review the draft KIOSK installation plans and details and schedules for compliance with the requirements of this AGREEMENT and review upcoming DEPARTMENT projects.The DEPARTMENT and CITY will discuss any comments,questions,and concerns within thirty(30)calendar days and meet on-site if requested by either the DEPARTMENT or CITY. b. After the on-site meeting, if requested, and resolution of any comments, questions, and concerns, the CITY will submit a General Use Permit application for each proposed KIOSK location or relocation to the DEPARTMENT. The General Use Permit application must include installation plans and details signed and sealed by a Professional Engineer registered in the State of Florida and installation schedules showing the requirements of this AGREEMENT are satisfied. c. The DEPARTMENT will review the General Use Permit application, and if all requirements of this AGREEMENT are satisfied, approve the General Use Permit application for a term of four(4)years. d. The CITY will install the KIOSK within 180 calendar days of DEPARTMENT approval of the General Use Permit. e. At the end of the four (4) year term, the CITY may submit another General Use Permit application for any proposed KIOSK locations to the DEPARTMENT.The DEPARTMENT will review the General Use Permit application, and if all requirements of this AGREEMENT have been satisfied and if the KIOSK continues to serve the transportation purpose of providing a wayfinding device for pedestrians and bicyclists as indicated by increasing or consistent impressions gathered at the KIOSK,approve the General Use Permit application for a term of four(4)years. In the event that impressions decrease at a KIOSK, the CITY and DEPARTMENT will work in good faith to determine if the KIOSK should be 7 of 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB removed,be relocated,or remain.The CITY may continue to submit for General Use Permits until the date this AGREEMENT ends. f. DEPARTMENT authorized KIOSK locations will be incorporated into this AGREEMENT by a supplemental agreement between the PARTIES, in the form attached hereto as Exhibit"D",to be executed by the authorized signatories of this AGREEMENT,or their designees. 8. TERM a. The effective date of this AGREEMENT will commence upon execution by the PARTIES. b. The term of this AGREEMENT consists of an initial term and two possible renewal terms. c. The initial term of this AGREEMENT will commence upon the effective date and continue for ten(10)years. d. At the end of the initial term, the first possiblerenewal term will commence and continue for five(5)years. The DEPARTMENT will notify the CITY in writing at least one hundred twenty (120)calendar days prior to the expiration of the initial term if the DEPARTMENT does not wish to renew this AGREEMENT.Within that one hundred twenty(120)calendar day period,the CITY and the DEPARTMENT will work in good faith to remedy any concerns causing the DEPARTMENT to consider. non-renewal. In the event that such considerations are not remedied, the DEPARTMENT may elect in its sole discretion to not renew the AGREEMENT. e. If applicable, at the end of the first renewal term, the second possible renewal term will commence and continue for five(5)years.The DEPARTMENT will notify the CITY in writing at least one hundred twenty (120) calendar days prior to the expiration of the initial term if the DEPARTMENT does not wish to renew. Within that one hundred twenty (120) calendar day period, the CITY and the DEPARTMENT will work in good faith to remedy any concerns that are causing the DEPARTMENT to consider non-renewal. In the event that such considerations are not remedied,the DEPARTMENT may elect in its sole discretion to not renew the AGREEMENT. f. No additional General Use Permits shall be approved when this AGREEMENT ends. General Use Permits approved prior to the end of this AGREEMENT will survive until the term of each .General Use Permit ends. Prior to the end of each General Use Permit,the CITY will,at its sole cost and expense,remove the KIOSK and restore the area to a standard concrete sidewalk, in accordance with the DEPARTMENT'S guidelines,standards,and procedures, and to the satisfaction of the.DEPARTMENT. Page 8 of 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB 9. FELtMINATION a. The DEPARTMENT may terminate this AGREEMENT upon sixty (60) calendar days written advance notice if the CITY fails to perform its duties under this AGREEMENT or fails to respond to and correct the reasons for the termination stated in the notice. b. Both PARTIES may mutually agree to terminate this AGREEMENT.An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. c. In accordance with Section 287.058(1)(c), Florida Statutes, the DEPARTMENT may unilaterally cancel this AGREEMENT if the CITY refuses to allow public access to any or all documents, papers, letters, or other materials made or received by the CITY pertinent to this AGREEMENT unless the records are exempt from Section 24(a)of Article I of the State Constitution and Section 119.07(1),of the Florida Statutes. d. Prior to the effective date of termination of the AGREEMENT pursuant to this Section, the CITY will, at its sole cost and expense, remove all KIOSKS and restore the area to a standard concrete sidewalk, in accordance with the DEPARTMENT'S guidelines, standards, and procedures; and to the satisfaction of the DEPARTMENT.Notwithstanding the foregoing,General Use Permits approved prior to the end of this AGREEMENT will survive until the term of each General Use Permit ends. 10. GENERAL TERMS a. E-Verify The CITY will: i. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract;and Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. (Executive Order Number 2011-02) The CITY will insert the E-Verify clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this AGREEMENT. Page 9 of 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB b. This writing embodies the entire AGREEMENT and understanding between the PARTIES hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. c. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. d. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable is severable and will not affect the validity of the remaining portions of the AGREEMENT. e. The venue for any and all actions arising out of or in connection with the interpretation, validity, performance or breach of this AGREEMENT lies exclusively in a state court of proper jurisdiction in Leon County,Florida. f. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. g. The section headings contained in this AGREEMENT are for reference purposes only and do not affect the meaning or interpretation hereof. h. No term or provision of this AGREEMENT.shall be interpreted for or against either PARTY because the PARTY or-its legal representative drafted the provision. i. The DEPARTMENT is a state agency,self-insured and subject to the provisions of Section 768 28, Florida Statutes, as may be amended from time to time.Nothing in. this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. j. This AGREEMENT shall not be construed as in.any way establishing a partnership, joint venture,express or implied agency,or employer employee relationship between the DEPARTMENT,the CITY,and IKE. 11.. JJ DEMNJF1CATLON a. Subject to Section 768.28,Florida Statutes,as may be amended from time to time,the CITY shall promptly indemnify, defend, save and hold harmless the DEPARTMENT,its officers,agents,representatives and employees from any and all losses,expenses,fines,fees,taxes,assessments,penalties,costs,damages,judgments, claims, demands, liabilities, attorney's fees (including regulatory and appellate fees),and suits of any nature or kind whatsoever caused by,arising out of, or related to the CITY's exercise or attempted exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any act, action, neglect or omission by the CITY, its officers, agents, Pug,: Il)cs{ 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB employees, contractors, or representatives in any way pertaining to this AGREEMENT,whether direct or indirect,except that neither the CITY nor any of its officers, agents, employees, contractors or representatives will be liable under this provision for damages arising out of injury or damages directly caused or resulting from the sole negligence of the DEPARTMENT. b. The CITY's obligation to indemnify, defend and pay for the defense of the DEPARTMENT,or at the DEPARTMENT's option,to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY's receipt of the DEPARTMENT's notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT's failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. c. The CITY shall pay all costs and reasonable attomey's fees related to this obligation and its enforcement by the DEPARTMENT.The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT,but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. d. The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the CITY's duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was solely negligent shall excuse performance of this provision by the CITY. 12. COUNTERPAR $ AND j•;I,I CTRQNIC SIcNATURP$ This AGREEMENT may be executed in counterparts,each of which shall be an original as against either PARTY whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument.An executed facsimile or electronic scanned copy of this AGREEMENT shall have the same force and effect as an original.The PARTIES shall be entitled to sign and transmit an electronic signature on this AGREEMENT (whether by facsimile, PDF or other email transmission),which signature shall be binding on the PARTY whose name is contained therein:Any PARTY providing an electronic signature agrees to promptly execute and deliver to the other PARTIES an original signed AGREEMENT upon request. I'ae,: 11 .11 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB IN WITNESS WHEREOF, the PARTIES hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: DocuSigned by: • BY: ��t g � BY: LO9FD9E547F. Rickelle Williams District Director of Interim City Manager Transportation Operations 7y.. MAY 2 8 202.4 rD000signedby: vis{itna G,u sfa ATTEST: ATTEST: 9B3E212210734D7... Rafael E. Granado Executive Secretary City Clerk _ r LEGAL REVIEW:. °INCORP OR TED .= c� ,,,,..OH.26,,. 635/ DocuSigned by: Edit -Nab BY: BY: 17C:aFnF1R1n aar. District Chief Counsel APPROVED AS TO FORM & LANGUAGE OR EXECUTION Pau, 12 of 16 . 4-h7 i 2.0 0(". City Attorney yM�.,, , Date DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB EXHIBIT "A" IKE AGREEMENT DATED JULY 28,2023 BETWEEN THE CITY OF MIAMI BEACH AND IKE SMART CITY,LLC [To be herein incorporated] Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(Master Kiosk Agreement) I'u<gL 13 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F816I AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND IKE SMART CITY, LLC TO DESIGN, MANUFACTURE, INSTALL,OPERATE AND MAINTAIN INTERACTIVE DIGITAL MEDIA KIOSKS, PURSUANTTO REQUESTS FOR 6 R3p OSALS NO. 2022-0404-KB /202EDT THIS AGREEMENT (this "Agreemen[') is made this day of , 2023 (the "Effective Dale"), by and between the CITY OF MIAMI BEACH, a Florida municipal corporation (the"City"), and IKE SMART CITY, LLC, a Delaware limited liability company(''Company"). BACKGROUND INFORMATION A. Company is engaged in the development, installation, operation and maintenance of interactive directory signs and wayfinding platforms, including IKE Kiosks (as hereinafter defined). B. The City desires to enhance the experience for the residents and visitors of the City through the use of IKE Kiosks. C. On December 14, 2022, the Mayor and City Commission adopted Resolution No. 2022- . 32422, authorizing the City administration to negotiate an agreement with Company, as the top-ranked proposer, for the Manufacturing, Installation,.Maintenance and Operation of Interactive Digital Media Kiosks pursuant to the REP, as defined in Section 2 (Definitions). D. The City and Company desire to coordinate efforts to discuss the deployment of IKE Kiosks within the City,and if successful, the City desires to grant Company certain rights to design, manufacture, install, operate, and maintain IKE Kiosks.at Company's sole cost and expense; and at no cost to the City, in and on the approved Locations(as hereinafter defined)all in accordance with the terms set forth in this Agreement. AGREEMENT .NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City.and Company hereby agree as follows: 1. Incorporation of Background 'Information. The foregoing background information is hereby incorporated and made a part of this Agreement. 2. Definitions. a. "Advertising Freestanding Kiosk"means a freestanding structure designed to sell advertising space. b. "City Directed Content" means any and.all content provided to Company by the City for display on IKE Kiosks or created by:the Company at the direction of the Page 1 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 City, including any content on which City logos, trademarks or other City marks may appear. c. "City Events" means any event, produced or approved by the City, that is held within the City. d. "City Event Period"means that period commencing fourteen(14)days prior to the date on which a City Event starts and ending two (2) days following the date on which the City Event ends. e. "City's Contract Manager" shall mean the individual appointed by the City Manager who shall be the City's authorized representative to coordinate, direct, and review on behalf of the City, all matters related to the administration of this Agreement (exclusive of those authorizations reserved to the City Manager or the City Commission). For purposes.of.this Agreement the City's Contract Manager shall be the Assistant Director of the Public Works Department. f. "City Manager"shall mean the Chief Administrative Officer of the City,who shall serve as the City's representative to whom administrative requests for approvals shall be made and who shall issue authorizations (exclusive of those authorizations reserved to the City Commission). The City Manager may appoint a designee to perform one or more of the City Manager's responsibilities including, without limitation, the City's Contract Manager or an auditor. "Auditor" refers to member(s) of the City's accounting staff, an inspector general retained or appointed by the City, or professionally.qualified consultants employed by the City to conduct an audit., • g. "Fiscal Quarter" means the periods between and'including (i),January 151 through March 31'',(ii)April'151 through June 30t1',(iii)July 15'through September 30th,and (iv)October 1"through December 3151. h. "Freedom of Information Law"or"Fat Law"means all applicable state and federal statues, laws, ordinances, rules, regulations, requirements and codes, related to any public request for information, requiring-Certain proceedings of government agencies to be open or available to the public, or otherwise known as a"Sunshine Law". i. "Gross_Revenues" means the total gross sales receipts earned by the Company in connection with the operation of the IKE Kiosks, as more particularly described in Exhibit A. j. "IKE.Kiosks" means the interactive directory signs and wa.yfinding kiosks operated by the Company for the purpose of providing a directory of businesses and other points of interest within the City and displaying digital content, and which may provide, without limitation,those services and applications as set forth on Exhibit B(the"Approved Uses"),and include various related Software,hardware and equipment components. The IKE Kiosks are referred to individually as an"IKE Kiosk". k. "Installed IKE Kiosk" means an IKE Kiosk that has been installed at a Location and has become operational. From the first date in which an IKE Kiosk becomes Page 2 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F • DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 operational (Initial Operational Date") forward, an IKE Kiosk shall be referred to as an • "Installed IKE Kiosk". I. "Installation Work"means all work performed by the Company to install an IKE Kiosk at a Location, including any and all work necessary to bring electrical service or fiber-optic cable to that Location. m. "Intellectual Property Rights" or "IPR" means the Company's patents, registered designs and trademarks, together with applications therefor and copyrights of •any kind: • • n, "Interactive.Mode"means the condition of an IKE Kiosk during any period in which a user is actively engaging the IKE Kiosk. o. "Kiosk Revenue" means the amount paid by the Company to City as set forth in Exhibit A. • • p. . "Locations" means those locations on which the IKE .Kiosks may be _installed by Company,and subject to change as set forth in this Agreement. The Locations are referred:to individually as a"Location". • . q. "Minimum Annual Guaranty" means the amount payable per IKE•Kiosk as set forth in Exhibit A. • r. "Operational Date"means the date on which an IKE Kiosk is installed and capable of carrying advertisements and performing the functions and services set forth in this Agreement. s.. "Passive Mode" means the condition of-an IKE Kiosk during any period in which no users are actively engaging the IKE Kiosk. • t. "Proposal Documents" means the City of Miami Beach Request for . Proposals (RFP) 2022-0404-KB for the Design, Manufacture, Install,• Operate and Maintain Interactive Digital Media-Kiosks,together with all amendments thereto,issued.by • - the City in contemplation of this Agreement (the "RFP"), and the Company's proposal in • response thereto ("Proposal"), all of.which are hereby incorporated. and made a part hereof; provided, however, that in the event of an express conflict between the Proposal • Documents.and this Agreement, the.following order of precedent shall prevail: this Agreement; the RFP;:and the Proposal. • u. "Required Approvals"means any and all required governmental approvals, permits and entitlements from all governmental authorities having jurisdiction over the IKE Kiosks in connection With the installation arid operation of the IKE Kiosks and any other required improvements to the Locations. v. "Software"means any and ail software used in.the operation of the IKE -Kiosks. • • • Page 3 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7•C070.4AA8-8E99-AC12050F8161 • w "spot" means a discrete unit of time during Passive Mode when content may he displayed on IKE Kiosk screens. x. "Term" means the period in which the Company may install and operate the IKE Kiosks,as set forth in Exhibit A. 3. Design/Permitting Period. Company shall provide, at its sole cost and expense, any and all design services including, but not limited to, architectural and engineering services, as reasonably required in connection with all the Required Approvals_ Company shall submit applications for the Required Approvals for the first IKE Kiosk within six (6) months from the Effective Date and shall submit applications for the Required Approvals fur all fifteen (15) IKE Kiosks within one (1) year following the Effective Date. Company shall pursue the Required Approvals in a diligent manner, and the City, in its proprietary capacity, shall cooperate with the Company as may be reasonably required in its efforts to obtain the same. 4, Non-Exclusive Grant of Rights, The.City has executed an agreement, dated October 22, 2021 (the "Bus Shelter Agreement"), with Outfront Media Group, LLC ("Outfront"). This Agreement, and in particular the possible Locations for the IKE Kiosks, shall be subject to the rights granted by the City to Outfront with respect to the Bus Shelter Zone (as defined in Section 5(b)). Without limiting the foregoing,the rights granted in'this Agreement to the Company -are non-exclusive; provided, however, that the City agrees not to install, or permit or allow the installation of, any other Advertising Freestanding Kiosk within 250 feet from the closest edge of any installed IKE Kiosk(the "IKE Kiosk Exclusivity Zone"). The foregoing limited exclusivity is intended to solely limit Advertising Freestanding Kiosk within the IKE Kiosk Exclusivity Zone. For the sake of clarity and without modifying the foregoing limited exclusivity, the City or a City's contractor shall not be prohibited from displaying advertising on any other type of temporary or permanent structure within the IKE Kiosk Exclusivity Zone'including, without limitation, water fountain; garbage cans;ashtrays; kiosks related to a rental sharing program for bicycles or other mobility devices; bicycles or any other mobility devices; special events related kiosks, tables, stands, etc.; or property owned or controlled by the City including, without limitation, parking facilities, buildings, Parks, or other similar facilities. 5. IKE Kiosks/Locations. a. An IKE Kiosk. The City, in its proprietary capacity, hereby approves the conceptual plan/design as to the type of IKE Kiosk which is attached as Exhibit B-t hereto. Any modifications to Exhibit B-1 must be approved, in writing, by the City Manager prior to such changes being implemented, Notwithstanding the foregoing, the City and Company hereby acknowledge and agree that the City's approval'as to the type of IKE Kiosk is given by the City solely in its proprietary capacity and not in its regulatory capacity. Notwithstanding such proprietary City approval, Company acknowledges and agrees that the type of IKE Kiosk and its installation at one of the proposed Locations may trigger and require review arid approval by one.(or more) of the City's land use boards. Accordingly,in such circumstances, Company shall be.required, at its sole cost and expense,to obtain any and all required final,non-appealable development approvals and/or orders for such IKE Kiosks, prior to implementation of said IKE Kiosks in those Locations. Within thirty (30) days following the Effective Date, Company shall provide the City with (i)a virtual demonstration of the content management system software for Page 4 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACO29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 . the IKE Kiosks, (ii)an on-site demonstration of an operational.IKE Kiosks located within the City of Miami,and(iii)three(3)paint samples to the City Manager.The City Manager shall have fifteen (15) days following receipt of the aforementioned paint samples in which to notify Company of the paint sample it approves for the color of the IKE Kiosks, subject to Company securing the requisite regulatory approvals for the selection. Upon receipt of the City Manager paint selection, Exhibit B-1 shall'be updated to incorporate the same. If the City fails to respond to Company's attempts to coordinate the virtual demonstration or the on-site demonstration and as a result thereof the demonstrations do not occur within the aforementioned 30-day period, the same shall not be deemed to be a default of this Agreement by Company. b. Number and Locations for IKE Kiosks. The City Manager will initially approve fifteen (15) IKE Kiosks, and the City Commission may approve, at the sole discretion of the City Commission, up to fifteen (15) additional IKE Kiosks during the Term, for a total number not to exceed thirty(30) IKE Kiosks during the Term(the"Operational Ceiling"). The Operational Ceiling amount may only exceed thirty(30)if approved by the City Commission. The City and Company shall work together in good faith to discuss the locations within the City for the installation of IKE Kiosks; however, the final proprietary approval of the Locations of the IKE Kiosks shall rest with the City Manager, in the City Manager's sole discretion. Within thirty (30)days from the Effective Date of the Agreement, the City Manager shall approve, in writing, a site plan containing.a list of the Locations, which will be incorporated herein and attached hereto as Exhibit B-2. Any change in the Locations shall be subject to the prior written approval of the City Manager, in the City Manager's sole and absolute discretion.Notwithstanding the foregoing,the City and Company acknowledge and agree that no IKE Kiosks shall be permitted within 250 feet from the closest edge of any existing or future bus shelter (the"Bus Shelter Zone"), except that IKE Kiosks may be installed along Lincoln Road, including any portions of Lincoln Road that are within a Bus Shelter Zone. In the event that the City and/or the County wish to install a new bus shelter or relocate an existing bus shelter for the sole purpose of serving the transportation needs within the City of Miami Beach ("New Bus Shelter Installation")and the New Bus Shelter Installation causes an existing IKE Kiosk to be in violation of the Bus Shelter Zone, .Company, at its sole cost, shall be required to remove the IKE Kiosk in violation of the Bias Shelter Zone within thirty (30)days from the date Company receives written notice from the City of the need to remove such IKE Kiosk. In the event that an FDOT, County, or City-initiated roadway construction project including,without limitation,harmonization, flood mitigation projects, or any other project required to protect.the public safety, health or general welfare, which impact an existing Location ("Public Roadway Project"), necessitating the temporary or permanent removal of an IKE Kiosk or any of its related components, Company, at its sole cost, shall be responsible for any required alteration, storage and/or removal of the existing IKE Kiosk, within thirty(30) days from the date Company receives written notice from the City of the need to temporarily or permanently remove such IKE Kiosk. Company shall be responsible for any relocation costs,including disconnecting and restoring the existing Location, in addition to all connection and site work required for the new Location (collectively,-"Relocation Costs")related to a request Page 5 of 45 • DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB • • DocuSign Envelope ID:FACD29F0-875E-B77-AE32-DFFFOFAD764F • DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 by Company,as well as a request by the City, to the extent the City's request relates to a New Bus Sheller Installation or Public Roadway Project. • - • Additionally, the City may require the Company to permanently-remove and relocate up to a maximum of three. (3) IKE Kiosks for any reason whatsoever ("Removal for Convenience"). In connection with a Removal for Convenience,the City shall reimburse - the Company for the reasonable Relocation Costs incurred by the Company to remove and relocate such IKE Kiosk,which.reimbursement shallbe made within thirty(30)days following the City's receipt of an Invoice or invoices for such costs. Notwithstanding anything to the contrary contained herein., in no event shall the City require the Company to permanently remove and relocate .more than three (3) IKE Kiosks pursuant to a Removal for Convenience..For the avoidance of doubt,-except as may be required in connection with a New-Bus Shelter Installation, in no.event shall the City require the permanent removal and relocation of an IKE Kiosk for the purpose of increasing the advertising revenue of a competitor of the Company. in.connection with a removal of-an IKE Kiosk pursuant to this Section 5.b., that exceeds sixty.(60)days in duration, the City shall cooperate with the Company in good faith to find a mutually acceptable alternative Location to relocate the removed IKE Kiosk-. • 6. Term. The Term of this Agreement, and the rights-and obligations of the parties set forth herein, shall begin on the Effective Date and continue'for the period 'set forth in the . attached Exhibit A. 7. Kiosk:Revenue. From and after the Operational Date for each IKE Kiosk and through the,end of the Term, the Company shall pay to City the Kiosk Revenue in-accordance with the-terms set forth in the attached Exhibit A. All payments of the Kiosk Revenue shall be. mailed to the City's Assistant Director for the Public Works Department, at the address set forth in Section 26 of this-Agreement,or at such other address as may be designated•by City in writing from time to time. 8. Project Schedule/Installation Work.- Within sixty (60) days from the Effective . Date, Company shall provide to:the City'a schedule for the fabrication, construction, permitting and installation of th.e IKE Kiosks. At a minimum, the schedule shall specify(and include specific milestones and timelines for) the permitting phases, fabrication time, commencement and completion of construction; commencement and completion of installation and implementation. and set-up date (from• Initial Operational Date through complete operational rollout of all-the • approved Locations and shall reflect the deadlines to apply for Required Approvals and to. - complete installation work set forth in this Agreement. All Installation Work shall be at Company's sole cost and expense. Company shall perform the Installation Work in a-good and workmanlike manner and in.compliance with all applicable laws,- regulations and rules and the Required Approvals. 9. Utility Services-. a. Services. it shall be Corripany's responsibility,at Company's sole cost and . expense, to secure electrical and/or telecommunication services for each approved Location. If any Utility services or telecommunications'services are unavailable or unable Page 6 ui'45 - DocuSign Envelope ID:509B1 CE8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F6161 to be obtained by Company for a particular Location, Company shall have an opportunity to find a reasonably suitable substitute I ovation pursuant to Section 5(h), subject to the City Manager's approval. Additionally, where access is required across private property or property not owned or controlled by the City to bring electrical service and fiber optic cables to a Location,Company,at the Company's sole expense,may negotiate and obtain access rights across such property for the benefit of Company. If the Company is unable to negotiate access rights on terms and conditions reasonably satisfactory to the Company,the parties shall work together to find a reasonably suitable alternative location for the IKE Kiosk at issue pursuant to Section 5(b). Company shall be responsible for any Relocation Costs in accordance with Section 5(b). b. Cost. The Company shall pay all costs associated with bringing utility services and telecommunications services to each Location, including any and all costs • associated with negotiating and obtaining access rights across private property in connection with the same. Additionally, the Company shall pay the costs of all utility services and telecommunication services used or consumed by the Company on each Location directly to the suppliers of such services, including the installation of a separate meter for the usage at each approved Location.. Company shall be permitted to utilize smart meters for the IKE Kiosks in Company's discretion. c. Disruption of Services. Company hereby releases the City from any damages arising from the interruption or unavailability'of any utility services to one or more IKE Kiosks. 10. Maintenance and Examination of Records. a_ Company shall maintain current,accurate, and complete records of Gross Revenues ill accordance with generally accepted accounting principles. Systems and procedures used to maintain these records shall include a system of internal controls and all accounting records shall be maintained in accordance with generally accepted accounting principles and shall be open to inspection and audit by the City Manager or City Managers designee, upon reasonable prior notice, whether verbal or written. and during normal business hours. b. Company Maintenance Reports. Upon.the request of the City's Contract Manager; Company shall submit a-quarterly(or at such greater intervals, i.e. annually, as- requested by the City)a maintenance report reflecting routine maintenance performed on the IKE Kiosks, including any repairs performed on any of the IKE Kiosks. c. City Reports.Company shall provide the City Manager or designee with an API access or a dashboard for purposes of obtaining historical usage data from IKE Kiosks, IKE Kiosk application usage.survey information and air quality data. 11. Inspection and Audit of Financial Records. a. Company shall maintain its records of Gross Revenues,and other records pertaining to the operation and maintenance of the IKE Kiosks for a period of three(3) years after the expiration or other termination of this Agreement, and such records shall • • Page 7 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope 10:EEBF73A7-0070-4AA8-8E99-AC12050F8161 • • be open and available to the City Manager or his/her designee, as deemed necessary by them. Company shalt maintain all such records at its principal office and will transmit such records electronically to the City within ten (10) days; following receipt of written notice from the City requesting to audit such records. Additionally, at the City Manager's discretion,Company shall relocate the records to the City within twenty(20)days following • receipt of written notice from the City. The City Manager or designee shall be entitled to audit Company's records pertaining to its operations, as often•as he deems reasonably necessary throughout the Term of this Agreement, and three (3) times within the three (3) year.period_following termination of the Agreement (regardless of whether such termination results from the natural expiration of the Term or for any other reason). The City shall be responsible for paying all costs associated with such audits, unless the audit(s) reveals a deficiency of five (5%) percent or more in Company's statement of Gross Revenues receipts for any • year or years audited, in which case Company shall pay to the City,within thirty(30)days of the audit being deemed final by the City, the cost of the audit and a sum equal to the amount of-the deficiency revealed by the audit,plus interest. • b. Within thirty (30) days from the end of each Term Year (throughout the •Term), Company shall submit an annual statement of -Gross Revenues, in a form consistent with generally accepted accounting.principles- Additionally, such statement shall be accompanied by a report.from a Licensed independent CPA firm.: c. It is Company's intent to stay informed of comments and suggestions by the City regarding Company's performance under this Agreement.Within thirty(30)days- after the end of each Term Year, if requested by the City Manager, Company shalt meet with the City Manager or City Manager's designee to review Company's performance under this Agreement for the previous Term Year.At the.meeting, Company and City may • • discuss quality:, operational, maintenance and any other issues regarding Company's • performance under this Agreement. • 12. Taxes,Assessments. • a. - Company agrees and shall pay. before delinquency all taxes and assessments of any kind levied or assessed upon a'Location or the Locations, and/or on • - Company by reason of this Agreement,- or by reason of Company's business and/or operations within a Location. The Company will have the right,.at its own expense, to contest the amount or validity;in whole.or in part, of any tax by.appropriate proceedings diligently conducted in good faith.Company may refrain from paying a tax to the extent it. - is contesting the imposition of same in a manner that is in accordance with law. However, if,as-8 result of-such contest,additional.delinquency charges become due,Company shall be responsible for such delinquency charges, in addition to payment of the contested tax, if so ordered. b. Company shall also be solely responsible(at its sole cost and expense)for obtaining and maintaining current any applicable licenses or permits, as required for the operations contemplated in this Agreement including, without limitation, any business tax receipts required by law for the,Approved Uses for each Location (if required). • • • Pagc.8 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4877-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 c. Procedure If Ad Valorem Taxes Assessed. If ad valorem taxes are assessed against a Location or the Locations (or any portion thereof) by reason of Company's business and/or operations thereon, Company shall be solely responsible for prompt and timely payment of same. 13. Employees and Independent Contractors. Company's Employees. a. Company shall select, train and employ such number of employees or contractors as is necessary or appropriate for Company to satisfy its responsibilities hereunder. Company shall be the solo authority to hire,terminate and discipline any and all personnel employed by Company. b. Company shall designate a competent full-time employee to oversee the day-to-day operations,and who shall act as the contract administrator for this Agreement and serve as Company's primary point-person with the City. This individual shall have the requisite amount of experience in operating, managing, and maintaining the IKE Kiosks and operations contemplated herein.The employee shall be accessible to the City Manager or City Manager's designee at all reasonable times during normal business hours to discuss the management, operation and maintenance of the IKE Kiosks, and within a reasonable time frame during non-business hours in the event of emergency. Consistent failure by the employee to be accessible shall be reported to Company's principal(s),and if not rectified, shall he grounds for replacement of the employee. c. Company's employees and/or contractors shall wear identification badges during all hours when such employee or contractor is visiting a Location within the scope of Such employment or such contractor relationship. All employees and/or contractors shall comport themselves in a professional and courteous manner. The Company and any persons hired or otherwise retained by Company to perform work at a Location shall never have been convicted of a felony. 14. 'Maintenance, Repair and Operation a. The Company accepts the use of any. and all Locations provided in this Agreement "AS IS;" "WHERE IS," and "WITH ALL FAULTS," existing as of the Effective Date. b. Maintenance/Repair. 1. Company, at its sole cost and expense, shall be solely responsible for the day to day operation, maintenance and repair of all Locations and any equipment thereon including, without limitation, the IKE Kiosks. Company shall maintain the Locations and any equipment thereon including, without limitation, the IKE Kiosks in a good working order and condition and shall keep all IKE Kiosks free of graffiti and.like new condition. Many small/light maintenance items may be done on-site by Company and/or its subcontractors to eliminate or minimize Page 9 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29Fe-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 unit downtime, while moderate to heavy maintenance may require equipment to 'be removed from circulation and serviced at Company's repair center. 2. The Company shall employ standard operating procedures with respect to the IKE Kiosks that includes (i) one (1) visit to each IKE Kiosk per weekday and one (1)visit to each IKE Kiosk during weekends to inspect the IKE Kiosks, perform minor repairs and cleaning, perform system testing that cannot otherwise be done remotely, and otherwise ensure the IKE Kiosks are maintained in a clean and functional manner and to remove any vandalism thereon and (ii) electronic monitoring twenty-four (24) hours per day, seven (7) days per week to provide software updates, address any outages or software breaches, and otherwise troubleshoot any problems impacting the functionality of the IKE Kiosk software. 3. In addition to the foregoing, during City Events, the Company shall perform enhanced monitoring of the IKE Kiosks to ensure functionality and shall clean each IKE Kiosk two(2)times per day. Additionally, the Company shall have a regional technical supervisor and a director of operations for the Company present in the City during the City Event Period to provide twenty-four (24) hour per day,seven(7)day per week service to the IKE Kiosks.The City,upon request, will be provided the direct contact information forthe Company's regional technical supervisor and a director of operations who will be present in the City during a City Event. 4. All damage of any kind to a Location and any equipment thereon including, without limitation, the IKE Kiosks, shall be the sole obligation of • Company,and shall be repaired, restored or replaced promptly by Company,at its sole cost and expense, to the reasonable satisfaction of the City Manager or City Manager's designee In the event that an IKE Kiosk is damaged for any reason, Company shall, at a minimum,commence repairs within twenty four(24) hours, and, in any event, complete repairs within three (3) days from the date Company first becomes aware of the need for the repair or (if irreparable), or if Wien, replace the damaged or stolen IKE •Kiosk so that same is fully operational, no later than seven (7) days from the date Company first becomes aware of, the damage or theft. All of the aforesaid repairs, restorations and replacements shall.be in quality and class equal to or better than the original work (or equipment)and shall be done in good and workmanlike manner. 5. In the event Company fails to remove the graffiti from the IKE Kiosk or equipment at the Location, or make the necessary repairs no later than three (3) days from the date Company first becomes aware of the existence of the graffiti or need for the repair, or fails to replace the IKE Kiosk within seven (7)days from the date Company first becomes aware of the need for replacement, the City may, without:an obligation to do so, take necessary actions to remove the graffiti or make the necessary repair, or remove the IKE Kiosk, as applicable. Company shall be obligated to reimburse the City for actions taken under this provision. Notwithstanding the foregoing, depending upon the extent/content .of the • graffiti/damage, the City may request immediate covering of the IKE Kiosk and require the removal or repair work to be completed within 24 hours. Should • Page 10 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB • DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F • DocuSign Envelope ID:EEBF73A7-0070-4AAB-8E99-AC12050F8161 • Company fail to correct the damages in the event of incident within the specified time. frames, the City may repair and/or remove the IKE Kiosk and charge - Company all costs associated with the non-performance. The City shall not be • liable tor any damages.related to the foregoing sell-help remedies. 6. It shall be Company's sole obligation to ensure that any renovations,repairs and/or improvements made by Company to the Locations comply with all applicable building codes and life safety codes of governmental authorities having jurisdiction. 7. Company agrees, also at its sole cost and expense, to.pay for all garbage disposal generated by its operations. • c. Performance. by City in an Emergency. If the City Manager,'in the City Manager's sole discretion,deems that the City needs,to act immediately in order to protect • the public health, safety,and general welfare of its citizenry;the City reserves the right to . take any and all necessary.actions including, without limitation, interrupting, curtailing or suspending the provision of any utility service, securing the area surrounding the IKE Kiosk, or,temporarily removing an IKE Kiosk or parts thereof (collectively "Emergency Actions")..Prior to undertaking the.removal of an IKE Kiosk under this subsection, the City shall provide•IKE Kiosk with a minimum of twenty-four hours' notice in which to perform • the removal of an IKE Kiosk, and only if Company fails to remove the IKE Kiosk, will the City be entitled to use self-help measure. Company hereby waives all claims against the City for compensation for loss or damage sustained in connection with said Emergency Actions. d. Orderly Operation. Company shall conduct a.neat and orderly operation at all times and shall-be.solely responsible for'the necessary.housekeeping services • to properly maintain the Locations and any IKE Kiosk thereon. e No Dangerous Materials. 1. The Company agrees- not to use or permit the storage and/or .use of gasoline, fuel oils, diesel,- illuminating.oils, oil lamps, - combustibly powered electricity- producing generators, turpentine, • .benzene, naphtha, propane, natural gas, or other similar substances, combustible materials,or explosives-of any kind,or any substance or thing prohibited in the standard policies of fire insurance companies in the State of Florida.on or within any Of the Locations,oron-any City property and/or right of way. • 2.. Company shall indemnify. defend -and hold the City harmless from any loss, damage, cost, or expense.of the City, including, without limitation, reasonable attorney's fees,incurred as a result_of,ari1g - - from, or connected with the placement by.Company of any "hazare? rs z., substance"or"petroleum.products"on, under, in or upon the LocationSa5 those terms are defined by applicable Federal and State Statute, or any environmental rules .and environmental regulations promulgated • thereunder;provided,however,Company shall have no liability in the event Page, 11 of 45 . DocuSign Envelope ID:509B1 CE8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F811i1 of the willful misconduct or gross negligence of the City,its agents,servants or employees. fhe provisions of this subsection (e) shall survive the termination or earlier expiration of this Agreement. f.. Security. 1. Under no circumstances shall the City be responsible for any stolen or damaged equipment, nor shall City be responsible for any stolen or damaged personal property of Company's employees,contractors, agents, patrons, guests, • invitees, andlor other third parties. 2. Notwithstanding the preceding paragraph, Company shall not be obligated to provide security services (whether manned or automated) to patrons using the IKE Kiosks, as the IKE Kiosk services are contemplated as an unattended self-service and automated service.Except with respect to the camera housed in the approved IKE Kiosk type, Company shall not employ any recorded video surveillance without the prior written approval of the City Manager. g. Inspection. The Company-agrees that any Location (including, without limitation,any equipment and IKE Kiosk thereon)may inspected at any time by the City Manager or City Manager's designee,or by any other municipal, County, State officer, or officers of any other agency(ies)having responsibility and/or jurisdiction for inspections of such operations.The Company hereby waives all claims against the City for compensation for loss or damage sustained by reason of any interference with the operation as a result of inspection by any public agency(ies)or officials,(including,without limitation, by reason of any such public agency or official in enforcing any laws, ordinances, or regulations as a result thereof).Any such interference shall not relieve the Company from any obligation hereunder. h: Hours of Operation. All Locations and operations thereon shall be open • every day of the year,weather or events of force majeure permitting,and shall be open to the public 24 hours per day, 365 days per year. No IKE Kiosk shall be inoperable for more than fifteen (15)consecutive calendar days. i. No Improper Use.The Company will not use, nor suffer or permit any person to use in any manner whatsoever, any Locations or IKE Kiosks thereon, for any illegal, improper, immoral or offensive purpose, or for any other purpose•in violation of any Federal, State, County, or municipal ordinance, rule, order or regulation, or of any.governmental rule or regulation now in effect or hereafter enacted or adopted.• Company will protect, indemnify, defend and hold harmless the City, its officials, employees, contractors, and agents from and against damage, penalty, fine,judgment, expense or charge suffered,imposed,assessed'or incurred for any violation,or breach of any law, ordinance, rule, order or regulation occasioned'by•any act, neglect or omission of the Company,or any of its officials,directors,agents, contractors,or servants regarding Company's operations at the Locations. In the event of any violation by Company,or if the City or its authorized representative-shall deem any conduct on the part of Company to be objectionable or improper, the City shall have the right to suspend Company's operation should the Company fail to correct any such violation, conduct, or practice to the satisfaction of the. City Manager or City Manager's designee within two (2) business Page 12 of45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070.4AA8-8E99-AC12050F8161 days, following written notice of the nature and extent of such violation, conduct, or practice. Such suspension shall continue until the violation is cured to the satisfaction of the City Manager or City Manager's designee. j. Compliance with Laws. The Company shall comply with all federal, state, County and municipal ordinances, statutes, orders, rules and regulations (collectively, "laws") including, but not limited to, all applicable environmental laws and any laws applicable to the use of the IKE Kiosks.and the display of content thereon. k. City Content. 1. As and when requested by the City, Company shall meet with City to discuss the development of City Directed Content for the IKE Kiosks. City Directed Content shall appear on the IKE Kiosks during the Interactive Mode and Passive Mode in the frequencies and amounts as set forth on Exhibit A. Provided, however; during periods when advertising time on the IKE Kiosks is in high demand ("Peak.Sales'Periods", or individually, each'a "Peak Sales Period"), the Company may desire to sell to advertisers the Passive Mode time otherwise allocated to the City pursuant to Exhibit A. In such event, Company shall request the City's consent,which consent, if provided at all, shall be at the sole discretion of the City's Contract Manager,for the Company to sell to advertisers the Passive Mode time otherwise allocated to the City during a Peak Sales Period. The Company's request shall be made in writing and shall include the start and end dates of the Peak Sales Period at issue. The City shall respond to.such request within seven (7)business days following the date of the Company's request. If the City fails to respond within such 7-business day period, the City shall be deemed to have consented to the Company's request,and accordingly,the City shall have no right to display City Directed Content on the IKE Kiosks, which.are the subject of the request, during the Peak Sales Period at issue. 2. City Content. City shall work with the Company in good faith to create City Directed Content for the IKE Kiosks. City shall promptly provide information requested by, and answer any and all questions from, the Company regarding the development of any City Directed Content. City shall prornptIy respond to any requests for approval of City Directed Content and shall communicate any objections to such content clearly and in writing.Notwithstanding the foregoing, the absence of an objection shall not be interpreted as an'approval to disseminate the City Directed Content. The City Directed Content shall require the prior written approval of the City's Contract Manager • before being disseminated. • 3. Advertising ContenUStandards. i. While the City understands the need to maximize advertising revenue, the City is also interested in.maintaining a.pleasant and aesthetic image and ensure the quality-of-life of its residents.The City Manager may request removal of any advertisement displayed or placed on an IKE Kiosk that is otherwise prohibited by this subpart3. Page 13 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070.4AA8-8Ei 9-AC12050F8161 ii. Company is solely responsible for all design, development, production, redesign, removal,and installation of advertising. ill. Company'shall provide, install, and maintain high quality, professionally designed commercial advertising displays on the IKE Kiosks. Company shall adhere to generally accepted principles of advertising in relation to good taste and truth in advertising. No advertising which is considered objectionable and offensive in its content or method of presentation shall be displayed. Whenever a question arises as to the propriety of an advertisement, prior to its installation, Company is required to submit the advertisement work to the City's Contract Manager for review and approval. iv. Company shall comply with the City's Advertising Guidelines, which guidelines are set forth in this subpart. Company shall neither accept for display, install, display nor maintain any advertisement that falls within one or more of the following categories; a. Has a strobing effect or visually replicates a traffic sign in colors and words, including but not limited.to a red sign with the words "Stop", or a yellow sign with the words "LOOK";with the intent of falsely presenting themselves as emergency or official governmental signs. The City understands that words like"look"and"stop"may be used casually in advertisements, but should not be incorporated as the main call out message, paired with full color backgrounds of traditional traffic or safety colors(red, yellow, orange).; b. false or misleading; c. material that is immoral, lascivious, or obscene as defined in Section 847.001, Florida Statutes; d. no advertising shall be for businesses engaged in any activity that requires the exclusion of minors pursuant to Chapter 847, Florida Statutes; e. promotes unlawful,or illegal goods, services or activities; f tobacco or tobacco related products including electronic cigarettes; g. firearms; h. sexual'services, programs or products; i. political candidates or political issues, campaigns; and j. competitive products included in any citywide exclusive sponsorship agreement.with non-alcoholic pouring rights providers, as notified in writing to Company at least 90 days prior to the date on which the sponsorship begins; provided, however, Company shall not be obligated to comply with this restriction with respect to more than (A)one (1) citywide exclusive pouring rights sponsor for non-alcoholic beverages categories other than energy drinks,and one(1)citywide exclusive pouring rights sponsor for non-alcoholic energy drinks at any given time during the Term and(B)two(2)citywide exclusive sponsorship agreements with non- alcoholic pouring rights providers 'per Term Year of the Term. As of the - Effective Date of this Agreement the City has executed an exclusive pouring rights agreement with PepsiCo for all non-alcoholic beverage Page 14 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F DocuSign Envelope ID:.EEBF73A7-007D-4AA8-8E99-AC1205DF8161 categories, including but not limited soda, water,juice, iced tea, isotonics, and an exclusive pouring rights agreement with Red Bull for the non- alcoholic energy drink beverage category, as such, advertising of any competing products is prohibited;and k. Advertisement relating to medical marijuana;and I. any such additional category of advertising that may be added by the Mayor and City Commission, as notified in writing to Company. 4. Advertising of alcoholic beverages, as defined by Section 561.01, Florida Statutes, shall be permitted with the following restrictions: No advertising for alcoholic beverages shall be within 250 feet of any type of public or private school, including pre-schools, elementary schools, middle schools, high schools, colleges, and universities; ii. No advertising for alcoholic beverages shall be within 250 feet of houses of worship, including churches. synagogues, temples, and . mosques; No advertising for alcoholic beverages shall be within 250 feet of Hospitals or addiction treatment centers; iv. No ad shall be allowed that promotes over consumption or boisterous/party behaviors. Additionally, all alcohol advertisements must be followed with an advertisement that speaks to safe consumption of alcohol, example"Drink Responsibly Miami Beach";. v. All advertising for alcoholic beverages must include the disclaimer below as mandated by the Alcoholic Beverage Labeling Act ("ABLA")of 1988.Government warning disclaimer must be equal to at.least 10% of the size of the ad: "GOVERNMENT WARNING: (1) According to the Surgeon General,women should not drink alcoholic beverages during pregnancy because of the.risk of birth defects.(2)Consumption of alcoholic beverages impairs your ability to drive a car or operate machinery,and may cause health problems." 5. Advertising Removal. Any prohibited material, in violation of this section,or unacceptable material, as determined by the City Manager, in the City . Manager's sole discretion, which is displayed or placed, shall be removed immediately upon written notice to Company to remove said advertising, which notice may be sent via e-mail at: realestate@orangebarrelmedia.com, from the City Manager or City's Contract Manager. 'In the event Company fails to remove the advertising within 24 hours of receipt of the.City's written notice, the City may take necessary actions to remove the advertisement. Company is obligated to reimburse the City for actions taken under this provision. The City is not liable for any damages in connection therewith. Page 15 of'45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4877-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 15. Property Ownership. The City acknowledges that the IKE Kiosks, the Software, including any enhancements thereto regardless which party generated the enhancements, the 1PR and any intellectual property rights in and to any.of the content created by the Company and displayed thereon,with the exception of the City Directed Content, shall belong to the Company and no part thereof shall become or be deemed the property of the City. Company represents and warrants that it has the right, power and authority to use the IKE Kiosks, the Software, including any enhancements thereto, the IPR and any intellectual property rights in and to the content to be displayed on the IKE Kiosks, with the exception of the City Directed Content. Company agrees, at its sole cost and expense, to take all actions necessary to maintain ownership of its logos,trademarks and other marks during the Term. Company further represents and warrants that it has the right, power and authority to use its.logos, trademarks and other marks of the Company. Company shall promptly notify the City of any infringement or unauthorized use of the IKE Kiosks, the Software, any IPR or any content created for the IKE Kiosks, including City Directed Content,of which it becomes aware and will cooperate fully to take all actions necessary to terminate such infringing or unauthorized use. Additionally, Company acknowledges that the City Directed Content ,all logos, trademarks and other marks of the City, or any portion thereof, belong to City and no part thereof.shall become or be deemed to be the property of the Company, regardless of whether the same are incorporated into City Directed Content("City's Property"). City agrees,at its sole cost and expense, take all actions necessary to maintain ownership of its logos,trademarks and other marks during the Term. City represents and warrants that it has the right, power and authority to use the logos, trademarks and other marks of the City in any City Directed Content. 16. insurance and Indemnification. a. The Company shall maintain and require that their subcontractors maintain the below required insurance in effect for the duration of the Agreement. The maintenance of proper insurance coverage is a material element of the Agreement and failure to maintain or renew coverage may be treated as a material breach of the Agreement,which could result in termination of the Agreement. Following the expiration of the tenth (10'h) Term Year, the City may elect to re-evaluate the coverage limits set forth in this Section 16 and request an increase in the coverage limits if deemed reasonably necessary based upon the economic conditions existing at the time of such request. 1. Workers' Compensation Insurance for all employees of Company, as required by Florida Statute Chapter 440,.and Employer Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Should Company be exempt from this Statute, Company and each employee shall hold-the City harmless from any injury incurred during performance of the Agreement. If Company is exempt, Company shall also submit(i)a written statement detailing the number of employees and that they are not required to carry Workers'Compensation insurance and do not anticipate hiring any additional employees during the term of this Agreement or (ii) a copy of a Certificate of Exemption. 2. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less .than $1,000,000 per occurrence. If a general Page 16 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall he twice the required occurrence limit. 3. Automobile Liability Insurance covering any automobile, if Company has no owned automobiles,then coverage for hired and non-owned automobiles,with limit no less than $2,000,000 combined per accident for bodily injury and property damage. 4. Professional Liability (Errors & Omissions) Insurance with limits no less than $1,000,000 per occurrence or claim, and$2,000,000 policy aggregate, 5. Installation Floater Insurance against damage or destruction of the materials or equipment in transit to, or stored on or off the. Locations, which is to be used in connection with the services. (City of Miami Beach shall be Named as a Loss Payee on this policy, as its interest may appear. This policy shall remain in force until all of the IKE Kiosks have been installed and are operational) 6. Umbrella Liability Insurance in an amount no less than $5,000,000 per occurrence. The umbrella coverage must be as broad as the primary General Liability coverage. Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Company including materials, parts, or equipment furnished in connection with such?>1?' r, or operations and automobiles owned, leased, hired or borrowed in the form e4. ,,n endorsement to the Company's insurance. Notice of Cancellation -Each insurance policy required above shall provide that coverage shall not be cancelled,except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation —Company agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of insurers—Insurance must be placed with insurers With a current A.M. Bost rating of A:Vtl or higher. If not rated, exceptions may made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage — Company shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Company's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Page 17 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAA132DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F81 6 1 CERTIFICATE HOLDER MUST READ: CITY OF MIAMI BEACH do EXIGIS Insurance Compliance Services P.O. Box 4.668—ECM#35050 New York, NY 10163-4668 Kindly submit all certificates of insurance, endorsements,exemption letters to our servicing agent, EXIGIS, at: Certificates-miamlbeach(c riskworks.com • Compliance with the foregoing requirements shall not relieve the Company.of its liability and obligation under this section or under any other section of this Agreement. b. In consideration of a separate and specific consideration of Ten ($10.00) Dollars and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Company shall indemnify, hold harmless and defend the City, its officials, directors, members, employees, contractors, agents, and servants from and against any and all actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from:(1)wholly or in part from the negligent acts, errors, omissions or other misconduct of Company, its officers, director, members, employees, agents, contractors., subcontractors, or any other person or entity acting under Company's control or supervision; (2) Company's breach of the • terms of this Agreement or its representations and.warranties herein; (3) Company's operation of the IKE Kiosks; (4) Company's use of the Locations; or (5) Company's, or any of its officers, agents, employees or contractors actual or alleged failure to obtain any and all necessary licenses, permission, copyrights, and authorization associated with the work or services to.be performed under this Agreement or any advertisements displayed on the IKE Kiosks. To that extent, company shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay'all costs and attorneys' fees expended by the City in the defense of such claims and losses, • including appeals. c. In addition, in consideration of a separate and specific consideration of Ten ($10.00) Dollars and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, Company shall indemnify, hold harmless and defend the City, its officials,directors, employees, contractors,agents,and servants from and against any claim,demand or cause of action of whatever kind or nature arising out of any misconduct of Company, its officials, directors, employees, contractors, agents,and servants not included in the paragraph in the subsection above and for which the City, its officials,directors,employees,contractors,agents,and servants are alleged to'be liable. Page IS of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 17. Representations and Warranties of the Parties. The City and the Company represent and warrant to the other the following: a. Requisite Authority. City and Company each has the requisite power and authority to enter into this Agreement, to grant the rights herein granted with respect to the Locations subject to City approval as may be required, to perform its obligations hereunder and to consummate the transactions contemplated hereby; and no further action on the part of the City or Company is necessary to authorize the execution and delivery by it, and the performance of its obligations under this Agreement. Neither the City nor Company is aware of any action, waiver or consent by any governmental entity that is necessary to make this Agreement a valid instrument binding upon the City and Company in accordance with its terms. b. Execution and Delivery. The authorized representative of each of the parties has duly executed and delivered this Agreement and this Agreement constitutes • the legal, valid and binding obligation of each party, enforceable in accordance with its terms. c. No Violation; Absence of Defaults. Neither the execution and delivery, by the City or Company of this Agreement, nor the consummation of the transactions contemplated hereby, will (i) violate any agreement or other instrument to which the City or Company is a party, or result in a breach of, or constitute (with due notice.or lapse of time or both) a default under any such agreement or other instrument, or (ii) violate any law, administrative regulation or rule or court order,judgment or decree applicable to the City or Company by which the City or Company is bound. • 18. Default and Remedies; Bond; Surrender. a. Subsections 1 through 5 shall constitute. events of default under this Agreement. An event of default by Company shall entitle the City to exercise any and all remedies described as City's remedies under this Agreement, including but not limited to those set forth in Subsection 6. 1. Bankruptcy. If either the City or Company shall be ,adjudged bankrupt or insolvent, or if any receiver or trustee of all or any part of the business property of either party shall be appointed, or if any receiver of all or any,part of the business property shall be appointed and shall not be discharged within sixty (60) days after appointment, or if either party shall make an assignment of its property for the benefit Of creditors, or shall file a voluntary petition in bankruptcy, or insolvency, or shall apply for reorganization or arrangement with its creditors under the bankruptcy or insolvency laws now- in force or hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be filed against either-party and shall not be dismissed within sixty (60) days after such filing, then the other party may immediately, or at any tirr a thereafter, and without further demand or notice, terminate this Agreement without.being prejudiced as to any remedies which maybe available to it for breach of contract. l'age 19 of 45 - DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8756-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-007D-4AA8-8E99-AC12050F8I6I . 2. Default in Payment: In the event Company fails to submit any payment within five (5)days of its due date,there shall.be a late charge of five percent(5%)of the payment amount due, In addition to, and not in lieu of, the interest at the rate of eighteen percent(18%) per annum or the highest rate allowable by law,whichever is less. If any payment and accumulated penalties are not 'received within fifteen (15) days following receipt of written'notice from the City of such failure, then the City may, without further demand or notice,terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract; and may begin procedures to collect the Performance Bond required in Section (b)herein. 3. Non-Monetary Default. In the event that Company or the City fails to reasonably perform or observe the non-monetary covenants,terms or provisions under this Agreement(excluding.Subsection 18(a)(4)), and such failure continues thirty(30)days after written notice thereof from the other party hereto, such non- defaulting party may immediately or at any time thereafter, and without further .demand or notice, terminate this Agreement without being prejudiced as to any remedies which may be available to it for breach of contract. In the event that a default is not reasonably susceptible to being cured within such period, the defaulting party shall not be considered in default if it shall, within such period, commence with,due diligence and dispatch to cure such default and thereafter completes with dispatch and due diligence the curing of such default, but in no event shall such extended cure period exceed ninety (90) days from the date of written notice thereof. .In the event Company cures any default.pursuant to this subsection, it shall promptly provide the City Manager with written notice of same. 4. Continuous Operation. The failure of any IKE Kiosk to be operational for a period of time exceeding fifteen (15) continuous calendar days, after written notice from the City, shall constitute a default under this Agreement. No additional cure period shall apply to a default under this Subsection 18(a)(3). Notwithstanding the foregoing, Company shall not be in default under this Section 18(a)(3) in connection with any downtime resulting from the City's action, a utility company's action or a force majeure event. 5. Florida Public Records Law. The failure of Company to comply with the requirements of:Section 20, if such failure continues for more than thirty (30) days after Company's receipt of written notice thereof from the City. 6. City's Remedies for Company's Default. If any of the events of -default,as forth in this Section,shall occur,the-City may,after expiration.of the cure periods, as provided above, at its sole option and discretion, institute such proceedings as in its opinion are necessary to cure such defaults and to compensate City for damages resulting from such defaults, including but not .limited to the right to give to Company a notice of termination of this Agreement. If such notice is given, the term of this Agreement shall terminate upon the date specified in such notice from City to Company.On the date so specified,Company shall then quit and surrender the Location(s)to City pursuant to the provisions of Subsection 18(c). Upon the-termination of this Agreement, all rights and interest of 'Company in and to the Location(s)and to this Agreement, and every part thereof, Page 20 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 shall cease and terminate and the City may, in addition to any other rights and remedies it may have, retain all sums paid to it by Company under this Agreement, including but not limited to, the Performance Bond in Section 18(b)herein. • In addition to the rights set forth above,the City shall have the rights to pursue any and all of the following: a. the right to injunction or other similar relief available to it under Florida law against Company; and or b. the right to maintain any and all actions at.law or suits in equity or other proper proceedings to obtain damages resulting from Company's default. 7. If an event of default by the City shall occur, the Company may, after expiration of the cure periods, as provided above, terminate this Agreement upon written notice to the City. Said termination shall become effective upon receipt of a written notice of termination by the City, but in no event shall Company specify a termination date that is less than sixty (60).days from the date of the written termination notice.On the date specified in the notice, Company shall quit and surrender the Location(s) to City pursuant to the provisions of Subsection 18(c). b. Performance Bond or Alternate Security. Upon execution of the Agreement, Company shall furnish to the City Manager or his designee a Performance Bond In the penal sum stated below for the payment of which Company shall bind itself for the faithful performance of the terms and conditions of this Agreement. A Performance Bond, in the amount of One Hundred Thousand ($100,000.00) Dollars, shall be provided by the Company in faithful observance of this Agreement. A cash deposit, irrevocable letter of credit,or certificate of deposit may also suffice, as determined by the City Manager or his designee, in his.sole:and reasonable discretion. The form of the Performance Bond or alternate security shall be approved by the City's Chief Financial Officer. In the event that a Certificate of Deposit is approved, it shall be a One Hundred Thousand ($100,000.00) Dollar one=year Certificate of Deposit in favor of the City, which shall be automatically renewed, the original of which shall be held'by the City's Chief Financial Officer. Company • shall be so required to maintain said-Performance Bond or alternate security In full force and effect throughout the.Term of this Agreement.Company shall have an affirmative duty to notify the City Manager or his designee, in writing, in the event said Performance Bond or alternate security lapses or otherwise expires.. All interest that accrues in connection with any financial instrument or sum of money referenced above shall be the property of Company, except in an event of default, in which case the City shall be entitled to all • interest that accrues after the date of default. • c. Surrender. 1. Within thirty (30) days following the conclusion of the Term, (or from the date of earlier termination of this Agreement), Company, at its sole cost and expense,shall remove the IKE Kiosks from the Locations(as well as any other permanent or fixed improvements) and restore. the Locations as close as reasonably practical to their original conditions, subject to reasonable wear and tear. Company shall do such work as is reasonably necessary to promptly and Page 21 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-41377-AE32-DFFF0FAD764F DocuSign Envelope ID:EEBF73A7-0070.4AA8-8E99-AC12050F8161 diligently cap-off and otherwise return all utility access points that were created. installed, or modified at the Locations by Company in connection with its performance under this Agreement to their original condition,subject to reasonable wear and tear. Company shall ensure that all such•utility access points are left in a safe and secure condition, and that any necessary permits or approvals are obtained for any such work. Company shall further indemnify and hold harmless the City from any claims, damages, or expenses arising out of or related to Company's failure to comply with this Section 18(c). 2. Company's obligation to observe or perform this covenant shall survive the expiration or other termination of this Agreement.Continued occupancy of any Locations after termination or expiration of this Agreement shall constitute trespass by the Company, and may be prosecuted as such. In addition, should Company fail to remove all of the equipment from the Locations, including any permanent or fixed improvements, and remediate the Locations to the condition it was prior to the Effective Date, reasonable wear and tear excepted, within thirty (30)days after the conclusion of the Term(or the date of earlier termination of this Agreement), Company shall pay to the City One Thousand($1,000.00)Dollars per day per Location as liquidated damages for such trespass and holding over 3. Substitute Performance. In the event that Company fails to properly perform the removal of any IKE Kiosk and restoration of the Locations to their original condition in accordance with the terms of this Agreement, then the City shall have the right to undertake any actions and/or purchase,as the City.Manager deems appropriate, any such supplies, materials, services; etc., necessary to remove the IKE-Kiosks and restore the Locations to the condition required by this Section 18 and to charge Company for all actual costs thereby incurred by the City. Company shall be responsible for paying all of said costs within ten (10) days following receipt of the invoice. • 19. Assignment. Except as otherwise provided herein, neither this Agreement nor any rights or obligations hereunder may be assigned by Company without the prior consent of the City Manager, which consent shall not be unreasonably withheld or delayed. Company shall notify the City of any proposed assignment in writing, at least ninety (90) days prior to the proposed effective date of such assignment and the City shall respond within ninety (90) days. Failure to respond within the ninety(90)day period shall not be interpreted as an approval of the assignment by the City. In the event that.the assignment is approved•by the City, the assignee shall agree to be bound by all of the covenants of this Agreement required of Company. Notwithstanding anything contained in this Agreement to the contrary, the consent of City'shall not be required in connection with the Company's entering into any•equipment financing or . equipment!easing with respect to,or the granting of a security interest in and to,the IKE Kiosks; provided,however,that Company shall not be authorized to encumber the City's interest/property, - including the Location, which is City-owned property. 20. Florida Public Records Law. • a. Company shall comply with Florida Public Records law under Chapter 119, Florida Statutes,as may be amended from time to time. Page 22 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29FO-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 b. The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of-official business of the City. c. Pursuant to Section 119.0701 of the Florida Statutes, if the Company meets the definition of'Contractor" as defined in Section 119.0701(1)(a), the Company shall. 1. Keep and maintain public records required by the City to perform the service; 2. . Upon request from the City's custodian of public records, 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 in Chapter 119, Florida Statutes or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except es authorized by law,for the duration of the contract term and following completion of the Agreement if the Company does not transfer the records to the City; 4. Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Company or keep and maintain public records required by the City to perform the service. If the Company transfers all public records to the City upon completion of the Agreement, the Company shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Company keeps and maintains public records upon completion of the Agreement, the Company shall meet all applicable -requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. - d. Request For Records;Noncompliance. 1. A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Company of the request,and the Company must provide.the records to the City or allow the records to be inspected or copied within a reasonable time 2. Company's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City,at its sole discretion, may: (1) avail itself of the remedies set forth under the Agreement; and/or(3)avail itself of any available remedies at law or in equity. - 3. If Company fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10.. Page 23 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-SE99-AC12050F8161 • e. Civil Action. 1. If a civil action is filed against a'Company to compel production of - public records relating to the City's contract for services,the court shall assess and - award against the•Company the reasonable costs of.enforcement, including reasonable attorneys'fees, if; a. The court determines that the Company unlawfully refused to comply with the public records request within a reasonable time; and b.. At least 8 business days before.filing the action, the plaintiff provided written notice of the public records request, including a _statement that the .Company.has not complied with the request;to the City and to the Company. 2.. A notice complies with subparagraph (1)(b)if it is sent to the City's custodian of public records and to the Company at the Company's address listed on its,contract with the City or to the Company's registered agent. Such notices 'must be sent by common carrier delivery service or by registered, Global Express Guaranteed,or certified mail,with postage or shipping'paid by the sender and with evidence of delivery,which may be in an electronic format. 3. If Company. complies with a public records request within 8 business days after the notice is sent; Company will not liable for the reasonable costs of enforcement. f. Section 119.0701, Florida Statutes, Required Statement. IF THE • COMPANY . HAS QUESTIONS REGARDING THE • APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS' TO THE COMPANY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC.RECORDS AT: CITY OF MIAMI BEACH - ATTENTION: RAFAEL E. GRANADO, CITY CLERK - 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO ac MIAMIB.EACHFL.G OV PHONE: 305-673-7411 • 21. - Confidentiality and Sunshine Laws. • a. The parties understand that City is a governmental'entity required to comply with the Florida Public Records law under Chapter 119 of the Florida Statutes(the "Act'") when responding to records requests made under the Act, Pursuant to Section 11-9.0715, Florida Statutes, trade secret information, as defined in .Section•812.081, • - Page 24 of 45 DocuSign'Envelope ID:509B1 CE8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:.FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 Florida Statutes, and Section 688,002, Florida Statutes are confidential and exempt from Section 119.07(1.),Florida Statutes and s.24(a),Art. 1 of the Florida Constitution. It is the responsibility of Company to conspicuously mark materials that constitute trade secrets under Florida law prior to the submission of such materials to the City. If City receives a request for information which the Company has marked as being a trade secret, the City wilt notify Company of its receipt of the request and may request that Company execute an Affidavit•of Trade Secret Certification in the form attached to this Agreement as Exhibit "C", setting forth the basis for the exemption. If the requester of the public record objects to the exemption, the City will promptly provide Company with notice of the objection, so as to provide Company the opportunity to file an action with a court of competent jurisdiction within thirty(30)calendar days, seeking an order barring public disclosure of the document. If Company fails to file a lawsuit within such time period, the City shall produce the public records requested in accordance with Florida law. If the requester of a public record, which is in the possession of Company, objects to the trade secret exemption set forth in the Trade Secret Affidavit and files a lawsuit against the City seeking to compel the City to produce the record that is in the possession of Company, the City will promptly provide Company with written notice of the lawsuit,se as to provide Company the opportunity to intervene in the lawsuit and defend the City. Company agrees to • indemnify, defend and hold harmless the City with respect to all expenses, including any court costs and attorney's fees, which may be incurred by the.City in connection with any administrative or court proceeding,including any appellate action,arising out of any public records request relating to any information asserted to be a-trade secret by.Company. Nothing in this Agreement shall require the City to institute or participate in any litigation relating to an open records request for information that the Company considers to be a trade secret.• Notwithstanding any other provision contained in this Agreement, this Agreement, including its terms, and any other records that the City keeps in connection with this Agreement, as part of its transaction of official business including, without limitation, payment records, and financial statements shall not be considered a trade secret. Notwithstanding any other provision of this Agreement, the provisions of this.Section 21 shall survive the termination of this Agreement 22. . Force Majeure. a. A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Company or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party unable to perform the obligation,, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv)could net have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria,,Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent performance. Force Majeure shall not include technological impossibility., or failure to secure any of the required permits pursuant to the.Agreement b. If the City or Company's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall Page 25 o t.45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope.ID:EEBF73A7-0070.4AA8-8E99-AC12O50F8161 immediately,upon learning of the occurrence of the event or of the commencement of any such delay,but in any case within fifteen(15)business days thereof,provide notice: (i)of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the Agreement, (iv) of the anticipated period of the delay,and(v)of what course of action such party plans to take in order to mitigate the detrimental effects of the event The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance of any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is'in fact Force Majeure, and the burden of proof of the occurrence of a Force Majeure event shall be on the requesting party. c. • No party hereto shall be liable for its failure to carry out its obligations under the Agreement during a period when such party is rendered unable,in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this Agreement due to a Force Majeure event shall be of no greater scope and no longer duration than is required.The party shall use its reasonable best efforts to continue to perform its obligationss-hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perform is the direct result of the Force Majeure event with all reasonable dispatch. d. Obligations pursuant to the Agreement that arose before the occurrence-of a Force Majeure event, causing.the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obligation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force'Majeure event shall not be subject to the Force Majeure provisions. e.. Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the Agreement. and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than one (1) year, either party may terminate the Agreement on a given date, by giving written notice to,the other of such termination, following which the parties shall be discharged from any and all liabilities,duties,and terms arising out of, or by virtue of, this Agreement, except for those obligations intended to survive the expiration or termination of the Agreement. In no event will any condition of Force-Majeure extend this Agreement beyond its stated term. • f. Waiver of. Loss from Hazards. Company 'hereby expressly waives all claims against the City for loss or damage sustained by Company resulting from any Force Majeure.contemplated in this Section, and Company hereby expressly waives all rights, claims, and demands against the City and forever releases and discharges the City, from • all demands,claims,actions and causes of action arising from any of the aforesaid causes • • Page 26 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AAS-8E99-AC12050F8161 23. E-Verifv. a. To the extent that Company provides labor,supplies,or services under this Agreement,'Company shall comply with Section 448.095, Florida Statutes, "Employment Eligibility"("E-Verify Statute"), as may be amended from time to time. Pursuant to the E- Verity Statute, commencing on January 1, 2021, Company shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Company shall expressly require any subcontractor performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility Of all new employees hired by the subcontractor during the contract Term. If Company enters into a contract with an approved subcontractor, the subcontractor must provide the Company with an affidavit stating that the subcontractor dues not employ,contract with,or subcontract with an unauthorized alien Company shall maintain a copy of such affidavit for the duration of the contract or such other extended period as may be required under this Agreement. b. TERMINATION RIGHTS. 1. If the City has a good faith belief that Company has knowingly violated Section 448.09(1), Florida Statutes, which prohibits any person from knowingly employing, hiring, recruiting, or referring an alien who is not duly: authorized to work by the immigration laws or the Attorney.General of the United • States, the City shall terminate this Agreement with Company for cause, and the City shall thereafter have or owe no further obligation or liability to Company. 2. If the City has a good faith.belief that a subcontractor has knowingly violated the foregoing Subsection (a), but the Company otherwise complied with such subsection,.the City will promptly notify the Company and order the Company to immediately terminate the contract with the subcontractor. Company's failure to terminate a subcontractor shall be an event of default under this Agreement, entitling City to terminate this Agreement for cause. 3. A contract terminated under the foregoing Subsection (b)(1) or (b)(2)is not in breach of contract and may not be considered as such. 4. The City or Company or a subcontractor may.file an action with the• Circuit or County Court to challenge.a termination-under the.foregoing.Subsection (b)(1)or(b)(2) no later than 20 calendar days after the date on which the contract was terminated. 5. If the City terminates the. Agreement with Company under the foregoing Subsection (b)(1), Company may not.be awarded a public contract for at least 1 year after the date of termination of this Agreement. 6. Company is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 23. Page 27 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EESF73A7-0070-4AA8.8E99-AC120S0F8161 24. Inspector General Audit Rights. a. Pursuant to Section 2-256 of the Code of the City of Miami Beach,the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit-performed by or on behalf of the City. b. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses,administer oaths,require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General,shall have the power to audit,investigate,.monitor,oversee,inspect and review operations,activities,performance . and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Company, its officers, agents and employees, lobbyists,City staff and elected officials to ensure compliance with the contract documents -and to detect fraud and-corruption. Pursuant to Section.2-378 of the City Code, the City is allocating a percentage of its overall annual contract-expenditures to fund the activities .and operations of the Office of Inspector.General. c. Upon ten (10) days written notice to the Company, the Company shall make all requested records and documents available to the inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Company its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents acid to detect fraud and corruption. • d. The Inspector General shall have the right to inspect and copy all documents and records in the Company's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals • and agreements from and with successful subcontractors and suppliers,all project-related correspondence,memoranda,instructions,financial documents, construction documents, (bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds,'rebates,.or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. e. The Company shall make available at its office at all reasonable times the • records, materials, and other evidence regarding the acquisition (bid preparation) and . performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any-longer period required by statute or by other clauses of this Agreement. In addition: Page 28 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB • DocuSign Envelope ID:FACD29F0-8758-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID.EEBF73A7-0070-4AA8-8E99-AC12050F8161 • 1. If this Agreement is completely or partially terminated,the Company shall make available records relating to the work terminated until three.(3)years after any resulting final termination settlement;and • 2. The Company shall make available records relating to appeals or • to litigation or the settlement of claims arising under or relating'to this Agreement until such appeals, litigation, or claims are finally resolved. . f. The provisions in this section shall apply to the Company, its officers, agents, employees, subcontractors and suppliers. The Company shall incorporate the provisions in•this section in all subcontracts and all other agreements executed by the Company in connection with the performance of this Agreement. • g: . Nothing in this section shall impair any independent.right to the City to • conduct audits or investigative activities. The provisions of' this section are neither intended nor shall they be construed to impose any liability on the City by the Company or third parties. 25. Casualty. Company shall have the responsibility, at its own cost and expense, of maintaining . property insurance to cover the IKE Kiosks under this Agreement. • Notwithstanding the foregoing, if during the Term all or more-than fifty percent (50%) of the IKE Kiosks are damaged by a casualty, the Company shall have the option to terminate this Agreement in its entirety by written notice given to the City promptly after the occurrence of • .the casualty.Alt insurance proceeds or other compensation for any.such casualty shall belong to the Company. • 26: Notice. All notices, demands, requests or other communications given under this . Agreement shall be in writing and be given by (a)personal delivery, (b) certified mail, return receipt requested, or (c) nationally recognized overnight courier service,to the address set forth below or as otherwise designated in writing by the parties. All notices delivered pursuant to the terms of this section shall be deemed delivered on receipt or refusal of receipt. . • If to the City: City Manager City of Miami Beach. 1700 Convention Center Drive Miami Beach, FL 33139 With copy to: City of Miami Beach • 1700 Convention Center Drive • Miami Beach, FL 33139 • Attn: Assistant.Director of the Public Works Department • If to the Company: - IKE SMART CITY, LLC • 250 N. Hartford Avenue • Columbus, Ohio 43222 Attn: Chief'Financial Officer • • Page 29 of45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:-FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 With a copy to: Underhill&Hodge, LLC 8000 Walton Parkway, #260 New Albany, OH 43054 Attn: Lesley Armour, Esq. 27. Limitation Of Liability. The City desires to enter into this Agreement placing the operation and management of the Locations in the hands of a private management entity only if 'so doing the City can place a limit on its liability for any cause of action for breach of this Agreement, so.that its liability for any such breach never exceeds the sum of One Hundred Thousand ($100,000.00) Dollars. Company hereby expresses its willingness to enter into this Agreement with a One Hundred Thousand ($100,000.00) Dollars (imitation on recovery for any action for breach of contract. Accordingly, and in consideration of the separate consideration of One Hundred Thousand ($100,000.00) Dollars, the receipt of which is hereby acknowledged, the City shall not be liable to Company for damages to Company in an amount in excess of One Hundred Thousand($100,000.00) Dollars,for any action for breach of contract arising out of the performance or on-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is.in any way intended to be a waiver of limitation placed upon the City's liability as set forth in Florida Statutes, Section 768.28. 28. No Discrimination. In connection with the performance of the Services,the Company shall not.exclude from participation in, deny the benefits-of, or subject to discrimination anyone on- the grounds of race, color, national origin, sex, age, disability, religion, income or family status. - • Additionally,Company shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in .employment (including independent contractors), housing, public accommodations,public services,and in connection with its membership or policies because of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability,- ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership,- familial. situation, or political affiliation. 29. Governing_LawNenue. This Agreement shall be-governed by and construed by the laws of the State of-Florida, and exclusive jurisdiction over any legal-action arising out Of or in connection with this Agreement shall be brought only in a court of competent jurisdiction located in Miami-Dade County, Florida. 30. Counterparts and Electronic Signatures. This-Agreement may be executed by the parties hereto in two-or more counterparts and each executed counterpart shall be considered an original. This Agreement may be executed and delivered by electronic signature; any original signatures that_are initially delivered electronically shall be physically delivered with reasonable promptness thereafter. 31. Drafting. This Agreement has been negotiated between the parties and, for construction purposes, shall not-be deemed the drafting of any one party. Page 30 of 45 • DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 32. Complete Agreement. This Agreement, together with all exhihits incorporated hereto, constitutes all the understandings and Agreements of whatsoever nature or kind existing between the parties with respect to Company's operations, as contemplated herein. 33. Amendments; Invalidity. This Agreement may not be modified •except by an instrument in writing executed by the parties. The invalidity of any one of the covenants, agreements,conditions or provisions of this Agreement or any portion thereof shall,not affect the remaining portions thereof or any part hereof and this Agreement shall be amended to substitute a valid provision which reflects the intent of the parties as was set forth in the invalid provision. 34. .Bindinq Effect, This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. 35. Not a Lease or License. It is expressly understood and agreed that no part, parcel, building, facility, equipment or space is leased or licensed to the Company; that the Company's right to operate shall continue only so long as this Agreement remains in effect. 36. Signage. City shall be responsible to provide, at its sole cost and expense, and as (or if) it deems necessary in its sole and reasonable judgment and discretion, any traffic, regulatory or public safety signs, whether related directly or indirectly to the operation of the IKE Kiosks. 37. The City Manager shall have authority provide any approvals on behalf of the City under this Agreement, unless the authority is specifically granted to the "Mayor and City Commission". 38. Liens. In the event any notice of claim of lien shall be asserted against the interest of the City'on account of or arising from any work done by or for Company, or any'person claiming by, through or under Company, or for improvements or work, the cost of which is the responsibility of Company, Company agrees to have such notice or claim of lien cancelled and discharged within thirty (30) days after notice to Company by City. In the event Company fails to do so, the City may terminate this Agreement for cause without liability to the City. 39, •No Third Party Beneficiary. Nothing in this Agreement shall confer upon any person or entity, including, but not limited to subcontractors, other than the parties hereto and their respective successors and permitted assigns, any rights or remedies by reason of this Agreement. 40. Exhibits. All exhibits referred to in this Agreement are incorporated in this Agreement by reference and will be deemed part of this Agreement for all purposes as if set forth at length herein, • 41. No Joint Venture, Partnership, Agency. This Agreement will not be construed as in any way establishing a partnership,joint venture, express or implied agency, or employer employee relationship between City and the Company. 42. No Waiver. The failure of any party to exercise any right hereunder, or to insist upon strict compliance by the other party, shall not constitute a waiver of either party's right to demand strict compliance with the terms and conditions of this Agreement Page 31 of 45 DocuSign Envelope ID:509B1 CE8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID•EEBF73A7-0070-4AA8-8E99-AC12050F8161 43. • Survival. The provisions of.this Agreement which, by their reasonable terms, are intended to survive termination of this Agreement shall survive.termination. In the event that this • Agreement is terminated or expires by its terms, such expiration or terrnination shall not affect • any liability or other obligation which shall have accrued prior to'such termination. • • . 44. Section Headings.The section headings herein are inserted only for convenience . .and reference•and shall in no way define, limit, or prescribe the scope or intent of any provisions of this Agreement. • . • 45. • Usage Of Terms.When the context in which words are used herein indicates that such is the intent, words in the singular number•shall include the plural and vice versa. All pronouns and any variations thereof shall be deemed to refer to all genders. 46. Attorneys' Fees and Costs. In the event of any claim, controversy or.dispute regarding this Agreement; its interpretation or.the performance or enforcement of the parties' rights,duties,remedies and obligations hereunder,each party shall bear their own costs and fees. 47. JURY TRIAL WAIVER.CITY- AND COMPANY HEREBY KNOWINGLY AND .INTENTIONALLY WAIVE THE RIGHT TO.TRIAL BY JURY-IN ANY ACTION OR PROCEEDING THAT CITY AND COMPANY MAY HEREINAFTER INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE LOCATION. [the remainder of.this page intentionally left blank] • • • • • Page32 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-1E77-AE32-DFFFOFAD764F DocuSign Envelope ID:EE8F73A7-0070-4AA8-8E99-AC12050F8151 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first written above. City: CITY OF MIAMI BEACH, a Florida municipal corporation By: Print: t--.1-7 • na T.Hudak, City Manager ATTEST: Do uSigned by: brZ4'fat • Graana ,0 F tse yrH c.r.. Rafael E, Grariaao,Bityt1erk Date: 7/28/2023 16:03 EDT COMPANY: IKE SMART CITY, LLC, a Delaware.Iimited lia ility company By. V Pete Scantland,Chief Executive Officer Date: 7/10/23 APPROVED AS 70 M G•1 AN\.1/nr.l ! ;1�`SJ',r 1N II -1 • Page 33 of 45 DocuSign Envelope.ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 • EXHIBIT A DEAL TERMS 1. Term. The term of this Agreement shall be for a period commencing upon the Effective Date.'and expiring on the tenth (10th) year immediately following the date that is the earlier of(a)the Operational Date for the fifteenth (15th) IKE Kiosk to be installed, or(b)the date that is one (1)year from the Effective Date(the "Initial Term"). In the event that the applications for.the Required Approvals and installation permits for the installation of the first IKE Kiosk are net submitted to the City within -six (6) months from 'the Effective Date of the Agreement or applications for the Required Approvals and installation permits for the installation of the first fifteen (15) IKE Kiosks are'not submitted to the City within one (1) year from the Effective Date, either party may terminate the Agreement, and the Non-Refundable Advance Payment received by the City up to that point shall be considered earned and non-refundable. The Agreement shall - automatically renew for'one (1) additional renewal term of ten (10)years (the"Renewal Term," and together with the Initial Term, the "Term"); provided that Company satisfied the Renewal Criteria, as defined below, as of the end of the Initial Term. Additionally,Company may elect to • terminate this Agreement at the expiration of the Initial Term if Company notifies the City in at feast ninety(90)days prior to the expiration of the Initial Term that=Company does not clOre; • to extend the Term. All terms, conditions and requirements of this.Agreement, except foerihe. Company's obligation to pay Kiosk Revenue, shall commence as of the Effective Date, which payment shall be as more particularly set forth in Section 3 below. The term ''Renewal Criteria as used herein, means during the last twelve (12) consecutive full month period of the Initial Term (a) Company shall have deployed .monthly • updates to the.Software for the IKE Kiosks, (b) Company shall not have been in default beyond any'applicable notice and cure period with.'respect to its maintenance, repair, and replacement obligations required by the Agreement, including satisfying monitoring obligations, obligations to replace the IKE Kiosks or their component parts to ensure functionality,and obligations to ensure the Software is.functional for its purposes, (c) Company has electronic monitoring for each-IKE kiosk 24 hours per day/7 days per week, to ensure that all software is operable and shall have remedied any interruptions or malfunctions in the software as soon as reasonably practicable, ensuring that the IKE Kiosks are operation in accordance.with the.terfis of this Agreement, (d) .Company hasreplaced any hardware components.or internal networking components as needed, ensuring that the IKE Kiosks are operation in accordance with the terms of this.Agreement (e) Company shall not be-in default beyond any applicable notice and cure period with respect to its obligations to pay the Kiosk:Revenue, (f) Company has kept the applications and features and other content on the IKE Kiosks up to:'date and otherwise in compliance with the content - management plan developed by Company and City and pursuant to the terms of this Agreement, and.(g)at during the Initial Term, Company will have maintained all of the IKE Kiosks in the IKE Kiosk network in like new condition. - 2. TERMINATION FOR CONVENIENCE OF THE CITY. COMMENCING AS-OF THE EXPIRATION OF THE SIXTEENTH(16.T") YEAR FOLLOWING THE EFFECTIVE-DATE OF THE AGREEMENT,..THE CITY MAY ALSO, THROUGH ITS CITY,MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THIS AGREEMENT IN WHOLE, OR IN PART; BY TERMINATING ONE OR MORE, INSTALLED IKE KIOSKS (EACH A • "TERMINATED INSTALLED-IKE KIOSK"), BY GIVING WRITTEN NOTICE TO COMPANY OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS- • Page 34 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID'EEBF73A7-0070-4AA8-8E99-AC12050F8161 • FOLLOWING RECEIPT BY THE COMPANY OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY UNDER THIS SECTION, COMPANY SHALL PAY THE CITY FOR ANY SUMS DUE UP TO THE DATE OF TERMINATION; FOLLOWING WHICH- THE CITY SHALL BE DISCHARGED FROM ANY AND ALL. LIABILITIES, DUTIES, AND. TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 3. Kiosk Revenue. a. •Non-Refundable Prepayment. Within five (5) calendar days from the Effective Date,Company will provide a$1,000,000.00 non-refundable advance payment ("Non-Refundable Advance Payment").to the City, to be used as a credit towards future Kiosk Revenue payments.The City shalt deposit the Non-Refundable Advance Payment into a segregated account,to be applied by the City toward the Kiosk Revenue payments as they come due, until completely exhausted. • b. Minimum Annual Guaranty Payment (MG), The term "Minimum Annual Guaranty"means an amount equal to$20,000.00 annually per Installed IKE Kiosk,during -the first Term Year(as defined herein), commencing from the-first date in which an IKE Kiosk becomes operational ("Initial Operational Date"). Company shall provide the City with written notice of the Operational Date for each Installed IKE Kiosk. The Minimum Annual Guaranty payment per Installed IKE Kiosk shall increase oh the first day of each Term Year thereafter by an amount equal to two percent(2%)over the Minimum Annual Guaranty payable in the.immediately preceding Term Year.The term"Term Year"means each year of the-Term, with the first Term Year commencing on the Operational Date of the first Installed IKE Kiosk and expiring twelve (12) months thereafter. The Minimum Annual Guaranty payable per Installed IKE Kiosk shall be paid in equal quarterly installments and due and paid on a quarterly basis ("Quarterly Minimum Guaranty"),on or before the fifteenth(1501)day following the end of each Fiscal Quarter during the Term. If the Initial Operational Date of a given IKE Kiosk occurred during a partial Fiscal Quarter, the Quarterly Minimum Guaranty payment shall be prorated.based'upon the total number of days of a given Fiscal Quarter.As such,the Quarterly.Minimum Guaranty payment per Installed IKE Kiosk for the first Term Year will be.$5,000.00 per Fiscal Quarter,subject-to.a 2%increase thereafter, effective upon the commencement of each subsequent Term Year. c, Revenue Share. Company shall pay to the City an amount equal to the greater of the(a)Revenue Share(as defined herein)applicable to a given Term Year and (b.) the Minimum Annual Guaranty applicable to such Term Year, paid quarterly as set forth in subpart b, above (the "Kiosk Revenue"). The term "Revenue Share" means an amount equal to forty percent(40%) of the annual Gross Revenues earned by Company • with respect to the operation of all the Installed IKE Kiosks during each Term Year. The term "Gross Revenues" is understood to mean all gross safes receipts earned by Company-from the operation of the IKE Kiosks including,without limitation,the sale and/or display of advertising on the IKE Kiosks. Gross Revenues shall not include passthrough amounts relating to the payment of Federal, State, or City sales tax, use tax or other tax, governmental imposition, assessment, charge. or expense of any kind collected by Page 35 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-BE99-AC12O50F8161 Company from customers and required by.law to be remitted to the taxing or other governmental authority. Other than in connection •with the sale or display of advertisements, Company shall not charge for the use of the other services provided by the IKE Kiosks("Additional Charges"). Any such Additional.Charges shall require the prior written approval of the City Manager, which approval, if given.at all, may be'conditioned upon the City and Company reaching an agreement with -respect to the payment of • additional Revenue to the City. Within thirty(30)days following end of each Term Year, the Company shall submit, together with the Company's annual statement of Grosse • Revenues for the immediately preceding Term Year, Company shall provide the City with a reconciliation statement reflecting the difference between the Minimum Annual Guaranty and the annual Revenue Share ("Reconciliation.Statement-'),along with.the payment due • to the City. If a Reconciliation Statement shows that the amount of the Revenue Share payable during a Term Year exceeded the Minimum Annual Guaranty applicable to such Term Year, then the Company shall also remit to the City the difference between the Minimum Annual Guaranty paid during such Term Year and the Revenue Share applicable to such Term Year,subject to any audit findings. If a Reconciliation Statement shows that the amount of Revenue Share payable during a Term Year is less than the Minimum Annual Guaranty applicable to such Term Year; then Company shall be deemed to have satisfied its obligation to pay the Kiosk Revenue for such Term Year, subject tb any audit findings. . 4.. . Sales and.Use Taic. It is understood that any required Florida State Sales and Use Tax shall be added to any,payments due to'the City from Company and forwarded to the City as:part of said payments. It is the City's intent that it is to receive all payments due from Company • as net of such Florida State Sales and.Use Tax,and that the City will remit to the State of Florida Department of Revenue the Florida States Sales .and Use Tax received from the -Company. Notwithstanding the foregoing, upon Company preparing a petition for a Technical Assistance Advisement ("TAA"), in the form and substance.that is acceptable to the City, requesting an opinion'specific to this Agreement, the City will submit such petition to the Florida Department of Revenue. If-the TM.received from'the Florida Department of Revenue provides that Sales and Use Tax is not required to be collected by the City in connection with the,payments it.receives from Company, Company will no longer be required to remit such Florida State Sales and Use Tax. 5. City Content. City Directed Content will be shown on the IKE Kiosks in - accordance with the following schedule: • - a. During Interactive-Mode, City Directed Content will occupy a minimum of sixty-six percent(66%)of the screen area on each of the IKE Kiosks. - • b. During Passive Mode, at least one (1) Spot out of every eight (8) Spots shown on an IKE Kiosk screen will contain City Directed Content. All Spots shall be of equal duration. City Directed Content may also be displayed during any unsold Spots, as s available. • 6. Additionef A,dvertisincf Opportunities. The Campnny'shall provide the City with $550,000.00 in free-advertising time annually on its network.of IKE Kiosks and large-format signs -installed across the continental United States. The City shall provide the copy for the Page 36 of45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29FO-875B 4B77-AE32-DFFFOFAD764F DocuSign Envelope ID'EEBF73A7-0070-4AA8-8E99-AC12050F8161 advertisements to the Company in a format capable of being displayed on the IKE Kiosks and large-format signs, and the content of such advertisements shall be limited to conveying information about the City for the purpose of attracting visitors to Miami Beach The Company shall have discretion in determining when and where to display the advertising.provided by the City. [the remainder of page intentionally left blank) • • Page 37 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AAS-8E99-AC12050F8161 EXHIBIT B IKE KIOSK SERVICES AND APPLICATIONS 1. The IKE Kiosks may display the following applications: (i) Wayfinding, including multimodal mapping to destinations (including real time arrival and departure information), businesses and other points of interest (sorted into freestanding apps such as Eat, Play, Shop, Stay): (ii) Getting Around,.including real-time arrival and departure information for public transit; bike share and car share services all accessed from an interactive map; (iii) Question of the Week, allowing for City to survey the public on its opinions and ideas; (iv) City Content at No Cost to City, including, without limitation, Public Service Announcements, Events (including a comprehensive event and activity listing for City), community, art, commercial messaging and other messaging for City programs; (v) Jobs,including career and internship postings within City,arranged geographically to encourage workforce development; (vi) Photobooth;-including customized City-themed background postcards and social media integration; • (vii) Emergency Communication, including a protocol for real-time posting•of essential City communication such as,without limitation, storm warnings, amber alerts and road closures. These alerts shall be posted by Company immediately upon receipt of the information from the City; • . (viii) Pedestrian Counting, including wireless-based measurement of pedestrians within range of the IKE unit, and a web-based dashboard containing analytics for City's use; (ix) Air Quality Monitoring,including relaying data to City on a regular basis; (x) Arcodc, including video games and other applications used to encourage uscr engagement, employing the unique touch-screen capabilities of the IKE Kiosks; (xi) Directory signs, including the listing of businesses and other points of interest within the City; and (xii) Security Camera,each IKE Kiosk shall be equipped with a security camera having digital video recorder technology, with the footage being maintained a minimum of fourteen (14) days and will be made available to the City pursuant to a dashboard access or upon the City's request. The footage shall be available in a format that is accessible-and playable as a video by the City's integration system. Page 38 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 2. The IKE Kiosk shall have the.appearance, dimensions and features, as more particularly described in Exhibit "8-1", attached hereto. The IKE Kiosks shall at minimum be designed to include the following features: a. Custom design of exterior of IKE Kiosks to create design unique to Miami Beach, h. While passive, the display size shall be 56.2"(H)x 31.6"(W); c. While engaged, the City, community, art and commercial messaging shall be displayed in the size of: 16:9(18"(H)x 31.6"(W); d. Capability to resist-graffiti or allow for easy removal of graffiti and application of touch-up paint; e. Weatherproof, ability to operate at high heat and humidity without breakdown; and resistant to hurricane force winds; { f. Touch.screen technology shall be the primary interface of the device, with display of advertising, as permitted under this Agreement, when passive, but upon engagement by a user:the advertising must be minimized or eliminated to take secondary position to interactive content; with filtering to search by category of activity; g. directory shall be equipped with the ability to connect with smart phones that.can direct user to a web based information; customized mapping and way finding to points of interest; real time public transit; integration of social media; and other Smart City technologies; h. Fully American with Disabilities Act(ADA)compliant, including adjusting height of content and interactive features for users in wheelchairs. Each IKE Kiosk must meet ADA regulations including approach height/reach requirements and accessibility for visually impaired; i. The directory shall allow for opportunities to incorporate accessible technologies for the visually impaired; j. ability to switch between English and Spanish with support for other languages if required at a later date; k. include procedure for ensuring the contacts are up to date, accurate and relevant; software to provide for remote, easy and efficient additions and deletions of data and content,including graphics and photographs; and I. Company shall be responsible for daily management of content, some of which may be static, some will change periodically and some will change constantly, such as promotions and events; and integrate. the City's existing graphical palette into the program/software;Company shall provide the all of the.content for the Kiosk including,' without limitation, photographs, images, narratives, business and building 'names and addresses,goods and services provided by businesses,as well as attractions and events. Page 39 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070.4AA8-8E99-AC12050F8161 3. The Locations the IKE Kiosks, which have been administratively approved by the City Manager are depicted in Exhibit"B-2",attached hereto. 4. The Privacy Policy for Company and the User_Privacy Protections related to the use of the IKE Kiosks is set forth in-Exhibit"B-3", attached hereto. (Remainder of Page Intentionally Left Blank) Page 40 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope.ID:FACD29F0-8758-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 EXHIBIT B-1 IKE KIOSK TYPE • Page 4 I of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F Dou.Sipr Envelope ID EEBF73A7.0076-4AA&8E99-AC12050Fe16, 10001111 A, �1 �.W„p.....• ., - r wily , �• R'�� tift4 T stii DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927WB2DFB DocuSign Envelope ID:FACD29F0-875B-4677-AE32-DFFFOFAD764F boatSign Envelope ID.EESF73A7-0070.4AA8-8E99-AC170.50F8161 PHYSICAL • Sqe 7k14'•Di 99 5 4 375 x11 5 • Vic rgn:832 It, • Rectuffecf soemal.area 14'a .6' • 7,e 36 ewe a.ea HAea r kAsk _ • A•r• leirg,Cole, o O: TOJCHSCREEN DISPLAYS • Screer S,2e 65• • yaw ng angia x 75x • Svc,evsc,f.1S 0 2e6c1..EID back. • aesc.....tco".9 20 ,38C • ancntness 400: ase-6.actuslee • Aspect sto 16 9 t,01,1 sensors • A,..leve ea Su 2 w 16 • Supco aoIar./P-' STANDARD OPTIONAL . ,c,•49,.•-atorr Tor".ceeg,efeo eesec raw•••a.PH, CAMERAS PnaIC 80011 azsl Paton • Opi.cS lecrro•,gs 0-•c r,crge 4.4 •:••-a,Ar rr a DVP=ecofPfno systeer VOL sys`v.., ADA COMPLfANCE sceee.r'ea,!ADA ecatlea '5,e—es • max o-..cn scree,ne.gm(ADA enabiecE 46 . s 4404cr mayn.IT 1 r fonsnweast.,Por 8stnce t ores • _esoevg ecyfe of o.c,ustoo,ess me,27 rthes DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID. FACD29F0-875B-4877-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 EXHIBIT 8-2 LOCATIONS Page 42 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSgn Envelope ID.EEBF73A7-0070-4AAB.8E99-AC12050F8161 -, t • a / • • lb • • M Y • ' • • • i• • •Mail 1 • tMAN• wI:IKC k44 o.orone ere seated a SAIRos:esnoCO:Cue C'Oen[e s so•':ele/bi'KE 1 MO' e'C.nte,7M nc udes Oenutvsnc c COner sot.,e a`nlulrnt CIOI J•' OCC':OoI Ore Cred ter ADA,-C,p'',oece Cc.%.v.M Op,O,GPI Cie rt•tec t1 Irs ':re.t•'S O,Oche:OJ,2Ct,N:ne ngnl'CI,noy cod cunttm.eq mot Mere.Or^,U cctelgcsufC CHI•tils A WE 1,050 ceocons w,:i Oc or eJ1t 250"om fne 1:,1e,t edge o,Ony 0v1'here,•rill,Inc eecept On CI IRE soes•,,nsese.cOOnl:.n C,"Ci a Rood DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4677-AE32-DFFFOFAD764F UaeuSgn tnve(ope ID EE8F 73A7-0070-4AA8-8E99-AC12050F8161 p ♦ f O M f �}i ♦' ♦ w •4 1 . ♦ e f • a • S oconans are svotert(0 snra os'ecnn,a0.Cve C tgecce s aornp,e:eo 0e IX's eco Cl„e-i v eec 1..s acres NnVy:ng o acre.r::Ovap mwr^q coat ati .i.c,.»c a....�'a ADa i,D.v,,.e u•U r., oVF+.>G,etc,a.....c�a.ro.-,. e��,L�,c.-e, .,.,!,nr .y+n�� ..oe.�/ic.w,-•,.• ,q:no',i r r I.r ,,.,..eig,Ou:,0 conn,c:; -t:Kf.k.osw.oconons at'Cost 25C frt•'n Ire croseSt cage 0101/0.:c stele,.vtn me ercepr.Gn 0s r0F k.010:nst0P00000 0n t ncom A000 DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4677-AE32-DFFFOFAD764F UOcuSgn tnvelope U tE f3A/.CC/u-4AA1Wt99-AC12050F8161 • 1111 • .. .4 • • • • • w411 • •n1.1! ! ••aMAJf -.kyr-, l t.Y^:JY:rc'Oy .••.'.,• ..L.r- .,,r ..:.•. ;,r y c.z.. .. rCC fo.AD.MR+^r.No:::eow.,b-opprpo4t, o!, ,c5t the-•yV C'..Cr JR'o'r✓mrS we Bµoc ooe-o-.,•.rr».:'.' 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JCA .el;e 1 00ny 6...'wnsu ..r,,,,e•. �';iC yin<..,,..er < r,.,gyp-w• DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F OocuSgn Envelope 10 EEBF73A7-CO70-4AA8.8E99-AC12050f8161 • sm s R ! !• • b++d$.,es,,aCcnenS ate SuOpect to sem as tetOotCei Cut c;pence f Ce,np@ee0 by ME S'a'm p.a engineer Ines,00..-oes Centrl}snq o power solfte.erlsu.✓0•nor u.1 oco:.ar:s ore step en,404 corrpnesnce cop rote,opprOpnete Seroacres Oct",the curb or o:ne"DOAK75 re,!ie'pit.Ce,,oy,err con.ntm.nq Not there are co unoe*;rou-e wF s os4 O<0100r.cJr e•at tpsf 25O'horn'S•dozer oay•cr a-*-o,,,rher•e..,,kr+tea..xyptca or reE.ms.oc:e,otrorrc o,r.,ccuan Cool DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID EEBF73A7-0070-4AA8-8E99-AC12050F8161 EXHIBIT B-3 PRIVACY POLICY AND USER PRIVACY PROTECTIONS Page 43 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID.FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 • , . . . _ . .,„ ... ,.,..... . „....... „... . ..... „ ; " • „.... .„., . . ... ,. . „ . . , „. ....... .. . . . • • . • . „ .., . _ , • "'"": " •""...... " ' . „.. . . • : : ' ,• .• ,„ „ • .. DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID: FACD29F0-8756-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 EXHIBIT C AFFIDAVIT OF TRADE SECRET CERTIFICATION STATE OF COUNTY OF I.the undersigned, being first duly sworr. do hereby state under oath and under penalty of perjury that the following facts are true- 1 I am over the age of eighteen and am a resident of the State of I have personal knowledge of the facts herein, and, if called as a witness, could testify competently thereto. 2 I am the of a Delaware whose principal address is ("My Company") 3. My Company considers the document(s)listed here a trade secret under applicable law. FOR EACH DOCUMENT. PLEASE PROVIDE THE FOLLOWING (DOCUMENT TITLE) (DOCUMENT DESCRIPTION) (EXPLANATION JUSTIFYING TRADE SECRET STATUS( (SI-EPS TAKEN 10 ENSURE CONFIDENTIALITY OF LISTED DOCUMENTS) Pursuant to Florida Statutes §119.0715, trade secret information held by an agency is confidential and exempt from disclosure pursuant to Florida Statutes § 119.07(1)and Section 24(a), Article 1 of the State Constitution. Its our position that all documents eoted in Paragraph 3 are protected as a trade secret, as defined in Florida Statutes Section 812 081,which defines'trade secrets' n relevant part as"the whole or any portion or phase of any formula, pattern,device,combination of devices,or compilation of information which is for use, or is used, in the operation of a business and which provides the business an advantage, or an opportunity to obtain an advantage,over those who do not know or use it The term includes any scientific, technical, or commercial information, including financial information, and includes any design, process, procedure, list of suppliers, list of customers, business code, or improvement thereof whether tangible or intangible, and regardless of whether or how it is stored. compiled, or memorialized physically, electronically,graphically,photographically,or in writing Irrespective of novelty,invention,patentability, the state of the prior art, and the level of skill in the business.art,or field to which the subject matter pertains, a trade secret is considered to be 1 Secret; 2. Of value; 3. I-or use or in use by the business.and 4 Of advantage to the business,or providing an opportunity to obtain an advantage, over those who do not know or use it, when the owner thereof takes measures to prevent it from becoming available to persons other than those selectee by the owner to have access thereto for limited purposes." Please explain in detail the specific element(s) or provision(s) of Florida Statutes that render the document(s) at issue a trade secret, particularly in view of (1) prior disclosures; (2) potential disclosures to other third-parties that may routinely require this information (i.e.if it's a company's financial statements, such as rating agencies, sureties, lenders and others, and (3) whether any Florida case has directly addressed this issue. Page 44 of 45 DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID EEBF73A7.0070-4AA8-8E99-AC12050F8'61 All documents noted in Paragraph 3 contain data or information that is considered by to be both, a trade secret and confidential financial and commercial information, disclosure of which would result in substantial competitive harm to . etc. 4 My Company has taken measures to prevent the disclosure of the information contained in all documents noted in Paragraph 3 to anyone other than those who have been selected to have access for limited purposes, and My Company intends to continue to take such measures. 5. My Company considers the information contained in all documents noted in Paragraph 3 to have value and provides an advantage or an opportunity to obtain an advantage over those who do not know or use it 6. All of the information contained in in the documents noted in Paragraph 3 is not publicly available elsewhere and/or has not been reasonably obtainable without My Company's consent by other persons by use of legitimate means 7 I am the person for the City of Miami Beach.Florida to contact in the event a challenge to any information contained in this Affidavit is received. 8. _ agrees to defend. indemnify and hold harmless the City of Miami Beach, Florida (the "City")with respect to all claims, demands, losses and expenses, including any costs ano attorney's fees.which may be incurred by the City in connection with any administrative or court processing.including any appellate action, arising out of,or related to the City's failure to disclose all of the documents noted in Paragraph 3, based upon the City's reliance upon this Affidavit of Trade Secret Certification. Executed on this day of in County. Affiant-Full Name Address telephone E-mail' Affiant Signature: STATE OF COUNTY OF Sworn to or affirmed and signed before me on (date)by (Affiant). NOTARY PUBLIC Personally Known Produced identification(Type of ID) Page 45 of 45 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F ATTACHMENT A RESOLUTION& COMMISSION AWARD MEMO DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID EEBF73A7-0070-4AA8-8E99•AC12050F8161 —` Agenda item CzA MIAMI BEACH Date l2-1U City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139 I www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the ity Commission FROM: Alina T. Hudak, City Manage DATE: December 14, 2022 • SUBJECT:.A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2022-040-KB FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF INTERACTIVE DIGITAL MEDIA KIOSKS, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE WITH IKE SMART CITY, LLC, THE TOP-RANKED PROPOSER, AND, IF UNSUCCESSFUL, NEGOTIATE WITH SMART CITY MEDIA, THE SECOND-RANKED BIDDER; FURTHER, REQUIRING THAT THE FINAL AGREEMENT BE SUBJECT TO CITY COMMISSION APPROVAL. RECOMMENDATION It is recommended that the Mayor and City Commission approve the Resolution authorizing the Administration to negotiate a revenue-sharing agreement to install, maintain and operate digital kiosks with IKE Smart City, LLC, the top-ranked proposer, and, if unsuccessful in negotiating an agreement, negotiate with Smart City Media,the second-ranked bidder. The final agreement will require City Commission approval. The solicitation is currently under the cone of silence. BACKGROUND/HISTORY On August 25, 2021, the Administration received an unsolicited proposal from IKE Smart City, a sister company to Orange Barrel Media,to manufacture, install, maintain,and operate interactive digital media kiosks at certain sites throughout the City.The proposal included a revenue-sharing agreement with the City. Unsolicited proposals are subject to Section 255.065, Florida Statutes. The City has previously solicited proposals for digital kiosks. A summary of previous actions is included in Attachment A. The Administration conducted a preliminary analysis of the unsolicited proposal, including the proposed equipment, functionality, and potential revenue, and recommended initiating a competitive process, based on state law, to allow other parties to submit competing proposals for the project. On January 20, 2022, the Mayor and City Commission approved Resolution 2022-31989 accepting an unsolicited proposal pursuant to section 255.065 of the Florida Statutes and authorized the Administration to issue Request for Proposals (RFP) No. 2022-040-KB seeking alternative proposals for the same project purpose as the unsolicited proposal. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID EEBF73A7-0070-4AA8-8E99-AC12050F8161 2 ( Award Recommendation RFP 2022-040-KB Digital Kiosks(December 14,2022) ANALYSIS On April 12, 2022, the RFP was issued. The Procurement Department issued bid notices to approximately 12,000 companies utilizing the City's e-procurement system, with 73 prospective bidders accessing the solicitation. RFP responses were received on July 15, 2022, from the following three(3)firms: HootBoard LLC, IKE Smart City, LLC, and Smart City Media. On August 10, 2022, the Evaluation Committee appointed by the City Manager convened to consider the proposals received.The Committee was comprised of: Kamal de'Shong,Operations Manager, Facilities and Fleet Department; Jose Gonzalez, Director, Transportation Department; Matt Kenny, Assistant Director, Marketing and Communications Department; Valeria Mejia, ADA Coordinator, Public Works Department; John Sandbrook, Chief Information Security Officer, Information Technology Department; and James Seiberling, Principal Planner, Planning Department. The Committee was provided an overview of the project and information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided general information on the scope of services and a copy of each proposal. The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP. The RFP established evaluation criteria for qualifications, technology and scope of services, and revenue.As documented in Attachment B,the evaluation process resulted in the proposers being ranked by the Evaluation Committee in the following order: 151 ranked— IKE Smart City 2"d ranked—Smart City Media 31d ranked— HootBoard The following are brief summaries of the firms based on the information each firm has provided. IKE Smart City, LLC IKE Smart City has significant prior experience working with municipalities, including permitting, installing, and operating interactive kiosks in the right-of-way. IKE Smart City has installed over 250 interactive kiosks in 15 cities across the country. It has also developed and deployed a kiosk model specifically engineered to comply with hurricane-force winds, which has been operating successfully in Miami, FL, for over a year. IKE Smart City has also conducted extensive community outreach in every launch market so that the IKE program is embraced by residents, local businesses, and other key stakeholders alike. Some of the cities IKE Smart City has deployed kiosks include Atlanta, GA; Berkeley, CA; Coral Gables, FL; Miami, FL; Denver, CO; Houston, TX; San Antonio, TX; Tampa, FL. IKE Smart City has a vertically integrated team versed in all phases of kiosk deployment and operation, including project management, design, software development, manufacturing, construction/installation, content management, operations/maintenance, and advertising sales. Importantly, IKE Smart City has an in-house sales team that is singularly focused on securing premium advertisers for IKE kiosks. IKE Smart City also has an in-house product and software team 100% dedicated to keeping IKE on the cutting edge of technology and adapting the platform to meet the diverse needs of city partners. IKE Smart City is well capitalized and able to invest in the success of the program in Miami Beach and nationwide, with significant cash on its balance sheet, far in excess of what is required to execute and operate an IKE network in the City of Miami Beach while continuing to evolve the platform with new innovations. Additionally, IKE Smart City is supported by an 18-year-old media DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID.FACD29F0-875B-4877-AE32-DFFFOFA0764F DocuSign Envelope ID EEBF73A7-0070-4AA8-8E99-AC12050F8161 3 Award Recommendation RFP 2022-040-KB Digital Kiosks(December 14,2022) company with decades of the collective experience and strong relationships with blue-chip advertisers. Lastly, IKE Smart City has extremely positive relationships with all IKE network city partners, never defaulting on a contractual commitment. Smart City Media Smart City Media has put together a best-in-class team for Miami Beach with more experience globally and better results than any competitor. Sology Solutions (a minority-owned enterprise), Nanov Display (a female-owned enterprise and locally based), Ubicquia, Global Reach, and Enersys are all long-standing'Smart City'partnerships years in the making that have been tested in high-profile deployments. Smart City Media aoes this because its experience shows that extensive technical competence is needed for success. Smart City Media are pioneers in the digital infrastructure revolution, having designed, built, and operated the pilot program with Mayor Bloomberg that became Link-NYC. Since its founding in 2015, Smart City Media has emerged with awards, contracts, and a powerful, transformative business model that is the center of the smart city market. The company has long-term kiosk concession contracts, including Kansas City, Dallas Area Rapid Transit(DART), the Washington DC area, and Jersey City, as well as the entire Hudson County, Milwaukee, the Chicago area, Louisville, Little Rock, and Fort Lauderdale. Smart City Media's Civic Engagement Officer Bob Bennett, who will help lead this program, is a foremost expert in the challenges and opportunities ahead-having served as Kansas City, MO's Chief Innovation Officer. KCMO was SCM's first of many substantial long-term concession contracts. Hootboard LLC HootBoard brings their state-of-the-art digital kiosk software platform,along with their experience in deploying kiosks for similar travel and tourism use across the country.The champion family of companies is comprised of three outdoor advertising companies, which bring the financial resources that make this project possible,along with 34 years of proven advertising sales that will be needed to support the kiosk network and provide a financial benefit to the City of Miami Beach. Hootboard is very aware of the differing aesthetics of the neighborhoods of Miami Beach. Some lean heavily toward historic architecture and the arts,while others may take on a more commercial vibe. Hootboard is prepared to customize its kiosk presentation to match the surroundings with the guidance and approval of the appropriate Review Board. The HootBoard platform gets information to people, where they are, whether it be via kiosk interaction, mobile device, or via the web. Hootboards units will allow people to obtain information in the manner that most fits their needs and expands the community's ability to engage with residents and visitors. FINANCIAL INFORMATION The resulting agreement for this project will be revenue generating for the City. While revenue considerations are important, revenue is only one factor considered by the Evaluation Committee. The other factors are the proposer's qualifications and the technology and services proposed. For an initial 10-year term, IKE Smart City has proposed an upfront payment of$1,000,000 and the greater of$3,284,916.30(minimum guarantee)or 40% of gross revenues for 15 units,which the firm is estimating at$9,806,741.56 based on its ad sales projections. IKE Smart City has also proposed a 10-year renewal based on performance. For the full 20-year term, IKE Smart City has proposed the greater of $7,289,210.94 (minimum guarantee) or 40% of gross revenues for 15 units, which the firm is estimating at$25,711,569.08 based on its ad sales projections. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope 10 EE8F73A7-0070-4AAB-8E90-AC12050F8161 4 I Award Recommendation RFP 2022-040-KB Digital Kiosks(December 14,2022) Smart City Media has proposed a 20-year term with revenue being the greater of$17,580,442.00 (minimum guarantee) or 45% of net revenues for 15 units, which the firm is estimating at $39,555,988.00 based on its ad sales projections.Smart City Media has also proposed additional revenue based on additional technologies. However, details of those technologies have been redacted from Attachment D at the request of the proposer. HootBoard has proposed total revenue of$792,000 for 10 years for 22 units. It is important to note that the amount of gross or net revenues to be shared with the City are based on sales projections provided by the proposers. The final financial deal is subject to negotiations. CONCLUSION After review of the submissions and the Evaluation Committee process, the Administration concludes as follows. IKE Smart City has nearly unanimously been deemed by the Evaluation Committee to have offered the best overall proposal (five out of six committee members ranked IKE Smart City as the top proposer). IKE Smart City has proposed 15 initial units at mutually agreed-upon locations, with a possible increase in units up to 50 as allowed by the City. IKE Smart City has the proven experience and vetted technology necessary for a successful implementation. The design of their kiosks provides a customizable and interchangeable cover that can be modified to create a unique look based on desired aesthetics, and the kiosk casing is aluminum, an important factor given the proximity to salt water. IKE Smart City kiosks are designed to withstand hurricanes. A benefit of IKE Smart City's proposal is that they have units installed and operational in the City of Miami,for which the municipal staff has provided positive feedback. Despite the positive aspects of IKE Smart City's proposal, I do believe there may be an opportunity for the firm to improve its revenue to the City, particularly in comparison to the revenue proposal submitted by Smart City Media. IKE Smart City's technical and revenue proposals are included in Attachment C. Smart City Media, the second-ranked proposer,_is well qualified and should be considered if negotiations with IKE Smart City are not successful. While Smart City Media did propose a stronger revenue proposal to the City, it is important to note that revenue was only one factor considered by the Evaluation Committee (the others were qualifications and technical/scope proposal),and the Evaluation Committee did overwhelmingly rank IKE Smart City as the proposer submitting the best combination of experience, equipment, technology, and revenue. Further, where IKE Smart City proposed a 10-year term with a 10-year renewal option, Smart City Media proposed a 20-year term, and several Evaluation Committee members expressed concerns with a 20-year term. Smart City Media's technical and revenue proposals are included in Attachment D. At this time, the Administration does not believe it is in the City's best interest to move forward with the proposal submitted by HootBoard based on the results of the Evaluation Committee ,process, including the low revenue proposal it submitted. For the reasons stated herein, I recommend that the Mayor and City Commission approve the Resolution authorizing the Administration to negotiate a revenue-sharing agreement to install, maintain and operate digital kiosks with IKE Smart City, LLC, the top-ranked proposer, and, if unsuccessful in negotiating an agreement, negotiate with Smart.City Media, the second-ranked bidder. The final agreement will require City Commission approval.. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 5 I Award Recommendation RFP 2022-040-KB Digital Kiosks(December 14,2022) Upon the City Commission's approval of this award recommendation, contract negotiations will commence. Details relative to locations, quantities, compliance with existing agreements (e.g., bus shelter agreement), design, regulatory approvals, and revenue will be finalized and included in the final agreement presented to the City Commission. Applicable Area Citywide Is this a"Residents Right to Know" item, pursuant to City Code Section 2-14? NO Does this item utilize G.O. Bond Funds? NO Legi ,,; Ive Track'. Marketing and Communications/Public Works/Procurement ► MT / /I(B ATTACHMENTS: A— Prior Actions Relating to Digital Kiosks B— Evaluation Committee Rankings C—Technical and Revenue Proposal Sections—IKE Smart City D—Technical and Revenue Proposal Sections—Smart City Media DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID EEBF73A7-0070-4AA8-8E99-AC12050FB161 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,APPROVING THE ESSENTIAL BUSINESS TERMS OF THE AGREEMENT WITH IKE SMART CITY, LLC (IKE), AS MORE PARTICULARLY SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2022-040-KB TO DESIGN, MANUFACTURE, INSTALL, OPERATE AND MAINTAIN INTERACTIVE DIGITAL MEDIA KIOSKS; AND FURTHER AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT WITH IKE CONSISTENT WITH THE APPROVED TERMS. WHEREAS, on August 25, 2021, the Administration received an unsolicited proposal from IKE Smart City, LLC("IKE"), pursuant to Section 255.065, Florida Statutes, to Design, Manufacture, Install, Operate and Maintain Interactive Digital Media Kiosks at certain sites throughout the City; and WHEREAS, on January 20, 2022, the Mayor and City Commission approved Resolution 2022-31989, accepting the unsolicited proposal pursuant to Section 255.065, Florida Statutes and authorizing the Administration to issue Request for Proposals (RFP) No. 2022-040-KB, seeking proposals from other interested parties for the same project purpose as the unsolicited proposal; and WHEREAS, on December 14, 2022, via Resolution 2022-32422, the Mayor and City Commission authorized the Administration to enter into negotiations with IKE, the top-ranked proposer, and if unsuccessful, to negotiate with Smart City Media, the second-ranked proposer, with the final negotiated agreement being subject to the prior approval of the Mayor and City Commission; and WHEREAS, as directed by the City Commission, staff has negotiated an agreement with IKE, the material terms of which are contained in the Term Sheet, attached to the City Commission Memorandum accompanying this Resolution as Attachment A; however, the most significant terms are highlighted below: Locations. The initial installation will include 15 kiosks, currently being considered for installation at the proposed locations, identified in Attachment B to the City Commission Memorandum accompanying this Resolution, subject to the City Manager's final approval. The City Manager may approve, at her sole discretion, up to an additional 15 kiosks during the term, for an operational ceiling not to exceed 30 locations. Term. The Agreement shall have an initial term of ten (10) years, commencing upon the earlier of (1) the installation of the 151h kiosks or (2) one (1) year from the Effective Date of the Agreement. The Agreement will renew automatically for an additional ten (10)years, subject to IKE meeting certain renewal Criteria, as outlined in the term sheet attached to the City Commission Memorandum accompanying this Resolution. A Term Year is defined as each successive twelve (12) month period of the Term, with the first Term Year commencing on the operational date of the first installed IKE kiosk. Termination For Convenience Of The City. Commencing at the expiration of 16 years from the Agreement's Effective Date,the City may also, through its City Manager, and for its convenience and without cause, terminate the Agreement. Termination shall become effective within thirty (30) days following receipt by IKE of such notice. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID EEBF73A7-0070.4AAB-8E99-AC12050F8161 Kiosk Revenue. a. Non-Refundable Prepayment (Escrow). Within five (5) calendar days from the Effective Date, IKE will provide the City with a $1,000,000.00 non-refundable advance payment ("Non- Refundable Prepayment"),to be placed in a City segregated account, for the City to use as a credit towards future Kiosk Revenue payments owed to the City. Future payments owed to the City will be deducted from the Non-Refundable Prepayment is exhausted. b. Minimum Annual Guaranty Payment (MG1. IKE will pay the City a Minimum Guaranty payment of $20,000.00 annually (paid quarterly) per kiosk during the first Term Year ("MG"), commencing as of the date each kiosk becomes operational. Each Term Year thereafter, the MG payment will increase by two percent(2%)over the annual MG amount payable in the immediately preceding Term Year. c. Revenue Share (PG). Annually, IKE shall pay to the City 40%of gross revenues earned by IKE for each Term Year with respect to the operation of all the kiosks ("PG"), less the total amount of MG payments the City received for the respective Term Year. d. Reconciliation Statement. At the end of each Term Year, IKE will provide the City with a reconciliation. If the PG amount for the Term Year is more than the MG payments received by the City during the given Term Year, then IKE will pay the City the amount in excess of the total amount of MG payments received for the Term Year. If the annual PG amount was less than the total MG payments received by the City during the given term year, then IKE will not have to remit any additional sums to the City for that respective Term Year. Advertising Restrictions. The Agreement contains the following prohibitions on advertisements. a. strobing effect or visuals that replicate a traffic sign in colors and words, including but not limited to a red sign with the words "Stop"or a yellow sign with the words "LOOK"; b. false or misleading; c. material that is immoral, lascivious, or obscene as defined in Section 847.001, Florida Statutes; d. no advertising shall be for businesses engaged in any activity that requires the exclusion of minors pursuant to Chapter 847, Florida Statutes; e. promotes unlawful or illegal goods, services, or activities; f. tobacco or tobacco-related products, including electronic cigarettes; g. firearms; h. sexual services, programs, or products; i. political candidates or political issues, campaigns; j. competitive products included in the current Citywide exclusive sponsorship agreements with Red Bull and Pepsi; provided, however, IKE shall not be obligated to comply with this restriction with respect to(A)more than (1)Citywide exclusive pouring rights sponsor for non-alcoholic beverages categories other than energy drinks, and one (1) Citywide exclusive pouring rights sponsor for non-alcoholic energy drinks at any given time during the Term or (B) two (2) Citywide exclusive sponsorship agreements with non-alcoholic pouring rights providers per term year; k. advertisement relating to medical marijuana; and I. any such additional category of advertising that may be added by the Mayor and City Commission, as notified in writing to IKE. Alcohol Advertising. Advertising of alcoholic beverages, as defined by Section 561.01, Florida Statutes, shall be permitted with the following restrictions: DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8756-4877-AE32-DFFFOFAD764F DocuSign Envelope ID EEBF73A7-0070-4AA8-8E99-AC12050F8161 a. No advertising for alcoholic beverages shall be within 250 feet of any type of public or private school, including pre-schools, elementary schools, middle schools, high schools, colleges, and universities; b. No advertising for alcoholic beverages shall be within 250 feet of houses of worship, including churches, synagogues, temples, and mosques; c. No advertising for alcoholic beverages shall be within 250 feet of Hospitals or addiction treatment centers; d. No ad shall be allowed that promotes overconsumption or boisterous/party behaviors. Additionally, all alcohol advertisements must be followed with an advertisement that speaks to the safe consumption of alcohol, for example, 'Drink Responsibly Miami Beach"; and e. All advertising for alcoholic beverages must include the disclaimer below as mandated by the Alcoholic Beverage Labeling Act('ABLA")of 1988. Advertising Removal. Any prohibited material, in violation of this section, or unacceptable material, as determined by the City Manager, in the City Manager's sole discretion, which is displayed or placed. shall be removed immediately upon written notice to IKE to remove said advertising. Performance Bond or Alternate Security. A Performance Bond, in the amount of One Hundred Thousand ($100,000.00) Dollars, shall be provided by IKE in faithful observance of the Agreement. City Advertising Rights. City-directed content will occupy at least sixty-six percent(66%)of the screen area on each of the kiosks during the interactive mode. During Passive Mode, at least one (1)spot out of every eight (8)spots shown on a kiosk screen will contain City-directed content. All spots shall be of equal duration. City-directed content may also be displayed during any unsold spots, as available. Additionally, IKE will provide the City with $550,000.00 in free advertising time annually on its network of kiosks and large-format signs installed across the continental United States; and WHEREAS, the Administration recommends that the Mayor and City Commission approve the essential negotiated business terms for the Agreement with IKE, a copy of which are attached to the City Commission Memorandum accompanying this Resolution as Attachment A, pursuant to Request For Proposals (RFP) No. 2022-040-KB, to Design, Manufacture, Install, Maintain, and Operate Interactive Digital Media Kiosks; and further authorize the City Manager and City Clerk to execute an agreement with IKE consistent with the approved terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the essential business terms for the Agreement with IKE Smart City, LLC ("IKE"), pursuant to Request For Proposals (RFP) No. 2022-040-KB, to Design, Manufacture, Install, Maintain, and Operate Interactive Digital Media Kiosks; and further authorize the City Manager and City Clerk to execute an agreement with IKE consistent with the approved terms. PASSED and ADOPTED this 28th day of June, 2023. ATTEST: Dan Gelber, Mayor APPROVED AS TO Rafael E. Granado, City Clerk FORM&LANGUAGE &FOR EXECUTION t City Attorney Attorney 2i; � Dote DocuSign Envelope ID:509810E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-87513-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F8161 RESOLUTION NO. 2022-32422 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2022-040-KB FOR THE INSTALLATION, MAINTENANCE, AND OPERATION OF INTERACTIVE DIGITAL MEDIA KIOSKS; AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT FOR THE MANUFACTURING, INSTALLATION, MAINTENANCE, AND OPERATION OF INTERACTIVE DIGIT KIOSKS WITH IKE SMART CITY, LLC, THE TOP- RANKED PROPOSER; AND, IF UNSUCCESSFUL, AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AN AGREEMENT WITH SMART CITY MEDIA, THE SECOND-RANKED PROPOSER; AND FURTHER REQUIRING THAT THE FINAL AGREEMENT BE SUBJECT TO PRIOR APPROVAL OF THE MAYOR AND CITY COMMISSION. WHEREAS, on August 25, 2021, the Administration received an unsolicited proposal from IKE Smart City, a sister company to Orange Barrel Media, to manufacture, install, maintain, and operate interactive digital media kiosks at certain locations throughout the City; and WHEREAS, on January 20, 2022, the Mayor and City Commission approved Resolution 2022-31989 accepting an unsolicited proposal pursuant to section 255.065 of the Florida Statutes and authorized the Administration to issue Request for Proposals(RFP) No. 2022-040- KB seeking alternative proposals to the unsolicited proposal; and WHEREAS, on April 12, 2022, the RFP was issued to approximately 12,000 companies, with 73 prospective bidders accessing the solicitation; and WHEREAS, RFP responses were received on July 15, 2022, from the following three (3)firms: HootBoard LLC, IKE Smart City, LLC,and Smart City Media; and WHEREAS, on August 10, 2022, the Evaluation Committee appointed by the City Manager convened to consider the proposals received, the Committee was comprised of: Kamal de'Shong, Operations Manager, Facilities and Fleet Department; Jose Gonzalez, Director, Transportation Department; Matt Kenny, Assistant Director, Marketing and Communications Department; Valeria Mejia, ADA Coordinator, Public Works Department; John Sandbrook, Chief Information Security Officer, Information Technology Department; and James Seiberling, Principal Planner, Planning Department; and WHEREAS, the Committee received an overview of the project, information relevant to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, and a copy of each proposal before being instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP; and WHEREAS, the Evaluation Committee ranked the proposers in the following order: 15t IKE Smart City 2nd Smart City Media 3rd HootBoard DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F DocuSign Envelope ID:EEBF73A7-0070-4AA8-8E99-AC12050F816' WHEREAS, after reviewing the submissions and the Evaluation Committee findings, which led to five out of six of committee members ranking IKE Smart City as the top ranked proposer, the City Manager concurs with the Evaluation Committee in finding IKE Smart City to have the best overall proposal; and WHEREAS, despite the strengths of the IKE Smart City proposal, there may be additional opportunities for the firm to improve the revenue-share offered to the City; and WHEREAS, Smart City Media, the second-ranked proposer, is well qualified and should be considered if the negotiations with IKE Smart City are unsuccessful; and WHEREAS, at this time, the Administration finds it in the City's best interest to reject the proposal submitted by HootBoard based on the results of the Evaluation Committee process and the low revenue proposal submitted; and WHEREAS, for the reasons stated herein, the City Manager recommends that the Mayor and City Commission approve this resolution authorizing the Administration to negotiate a revenue-sharing agreement to install, maintain and operate digital kiosks with IKE Smart City, LLC, the top-ranked proposer, and, if unsuccessful in negotiating an agreement, to negotiate with Smart City Media, the second-ranked bidder;and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager, pursuant to Request For Proposals (RFP) No. 2022-040-KB for the Installation, Maintenance, and Operation of Interactive Digital Media Kiosks; authorize the Administration to negotiate an agreement with IKE Smart City, LLC, for the Manufacturing, Installation, Maintenance, and Operation of Interactive Digit Kiosks, the top-ranked proposer; and, if unsuccessful, authorizing the Administration to negotiate with Smart City Media, the second-ranked proposer; and further require that the final agreement be subject to prior approval of the Mayor and City Commission. PASSED AND ADOPTED this /y day of DQCe"tkr- 2022. 7...v ATTEST: DEC 1 6 2022 1 ,32-ze-_______ RAFAEL E. GRANADO, CITY CLERK DAN GELBER, MAYOR APPROVED AS TO :`4PD?'';, . ,.C',y, FORM &LANGUAGE ``:'-R-•ca &FOR EXECUTION ' ,,04'`'' �J • ':111(DRP oRATED) City Attorney .gfer Date ,• DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4877-AE32-DFFFOFAD764F ATTACHMENT B ADDENDUM AND RFP SOLICITATION DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B- 677-AE32-DFFFOFAD764F MIAMI BEACH Request for Proposals (RFP) 2022-040-KB Design, Manufacture, Install, Operate, and Maintain Interactive Digital Media Kiosks TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO PROPOSERS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A GENERAL SPECIFICATIONS DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFI3 DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F MIAMI BEACH SECTION 0100 INSTRUCTIONS TO PROPOSERS 1. GENERAL. This Request for Proposals (RFP) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and revenue proposals(the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein.All documents released in connection with this solicitation,including all appendixes and addenda,whether included herein or released under separate cover,comprise the solicitation,and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently,the successful Proposer(s) (the"contractor[s]")if this RFP results in an award. The City utilizes Periscope S2G (formally known as BidSync) (www.periscopeholdings:com or www.bidsync.com)for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFP. Any prospective Proposer who has received this RFP by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal submitted. 2. BACKGROUND & PURPOSE: On August 24, 2021, the City received an unsolicited proposal to Florida Statute 255.065 for Interactive Digital Kioks.On January 20,2022,via Resolution 2022-31989,the City Commission accepted the unsolicited proposal for futher consideration and directed the Administration to seek alternative proposals for the same project purpose as the unsolicited proposal for the manufacturing, installation, maintenance, and operation of interactive digital kiosks. The purpose of this RFP to allow interested parties to submit competing proposals to the unsolicited proposal received by the City. Proposals submitted pursuant to this RFP should carefully consider and incorporate the specifications included in Appendix A. The City will not permit the installation of an advertising freestanding kiosk within any area of the Public Right- of-Way located within 250 feet from the closest edge of any Bus Shelter Proposals must be submitted in accordance with Section 0300.Only proposals that meet the minimum eligibility criteria established in Section 0300 will be considered. Proposals that do not meet the minimum eligibility requirements will be deemed non-responsive. Responsive proposals will be evaluated in accordance with the criteria established in Section 0400. 3.ANTICIPATED RFP TIMETABLE.The tentative schedule for this solicitation is as follows: • RFP Issued April 12,2022 Pre-Proposal Meeting April 28,2022 at 11:00 am ET Join on your computer or mobile app Click here to loin the meeting Or call in(audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 298 015 349# Deadline for Receipt of Questions June 13,2021 at 5:00 pm ET Responses Due July 11,2022 at 3:00 pm ET Join on your computer or mobile app Click here to loin the meeting Or call in(audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 824 636 36# DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F MIAMI.BEAC H Evaluation Committee Review TBD Tentative Commission Approval TBD Contract Negotiations Following Commission Approval 4 PROCUREMENT CONTACT:Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: - Telephone: Email: Kris Bada,Contractiri. Officer III .305-673-7490 kris bada• miamibeachfl..ov dditionally, the City Clerk is to be co•ied on all communications via email at: RafaelGranado@miamibeachfl. ov; or via facsimile: 786-394-4188. The Bid Title/number shall be referenced on all correspondence. All questions or requests for,clarification must be received no later than 30 calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. 5. PRE-PROPOSAL MEETING OR.SITE VISIT(S). A pre-proposal meeting or site visit(s) may be scheduled. Attendance for the pre-proposal meeting shall be via web conference and recommended as a source of information but is not mandatory. Proposers interested in participating in the Pre-Proposal Meeting must follow these steps: Join on your computer or mobile app Click here to join the meeting Or call in(audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 298 015 349# Proposers who are participating should send an email to the contact person listed in this RFP expressing their intent to participate. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City, by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions.Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation:Addendum will be released through Periscope S2G. Any prospective proposer who has received this RFP by any means other than through Periscope S2G must register immediately with Periscope S2G to assure it receives any addendum issued to this RFP. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFP Timetable section. 7.CONE OF SILENCE.This RFP is subject to,and all proposers are expected to be or become familiar with,the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non- compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk atrafaelgranado@miamibeachfl.gov 8.ADDITIONAL INFORMATION OR CLARIFICATION. After proposal submittal,the City reserves the right to require additional information from Proposers (or Proposer team members or sub-consultants)to determine: qualifications (including, but not limited to litigation history, regulatory action, or additional references); and financial capability (including,but not limited to,annual reviewed/audited financial statements.with the auditors notes for each of their last two complete fiscal years). _ DocuSign Envelope ID:509B1 CE8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F M:IAMI BEACH 9. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary,to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements,and/or failure to make such evaluations,investigations,and examinations,will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract,and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration On the part of the Proposer. 10.DETERMINATION OF AWARD.The City Manager may appoint an evaluation committee to assist in the evaluation of proposals received;The evaluation committee is advisory only to the city manager.The city manager may consider the information provided by the evaluation committee process and/or may utilize other information deemed relevant. The City Manager's recommendation need not be consistent with the information provided bythe evaluation committee process and takes into consideration Miami Beach City Code Section 2=369, including the following considerations: (1)The ability,capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified,without delay or interference. (3)The character, integrity, reputation,judgment,experience and efficiency of the Proposer. (4)The quality of performance of previous contracts, (5)The previous and existing compliance by the Proposer with laws and ordinances relating to.the contract. The City Manager may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or.may recommend rejection of all proposals. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City,or it may also reject all Proposals. 1.1.NEGOTIATIONS.Following selection,the City reserves the right to enter into.further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City;and executed by the parties. 12. E-VERIFY. As a.contractor you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility."Therefore, you shall utilize the U.S. Department of Homeland Security's E-Venfy system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 13. PERISCOPE S2G (FORMERLY BIDSYNC). The Procurement Department utilizes Periscope S2G, Supplier-to- Government electronic bidding (e-Bid) platform: If you would like to be notified of available competitive solicitations released by the City you must register and complete your vendor qualifications through Periscope S2G, Supplier-to- Government.www.bidsync.com/Miami-Beach. 'Registration is easy and will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications and submit electronic bids visit https://www.miamibeach&oov/city-hall/procurement/for-approva l-how-to-become=a-vendor/. Should you have any questions regarding this system or registration,please visit the above link or contact Periscope S2G, Supplier-to-Government at support@bidsync.com or 800.990.9339,option 1,option 1. 14. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to registering with Periscope S2G, the City encourages vendors to register with our online Vendor Self-'Service web DocuSign Envelope ID:509B1 CE8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4B77-AE32-DFFFOFAD764F MIAMI BEACH: page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self-Service(VSS)webpage(httpsa/selfservice.miamibeachfl.qov/vssNendors/default.aspx)will also provide you with purchase orders and payment information. Should youhave any questions and/or comments,do not hesitate to submit them to vendorsupport(a miamibeachfl.gov 15.SUPPLIER DIVERSITY.In an effortto increase the number and diversity of supplier options in the procurement of goods and services, the City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce(NGLCC)and small and disadvantaged businesses,as certified by Miami-Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC, or as a small or disadvantaged business by Miami-Dade County, click on the link below to be added to the City's supplier registry(Vendor Self-Service) and bid system(Periscope S2G,Supplier-to-Government).These are two different systems and it is important that you register for both. Click to see acceptable certification and to register: https://www.miamibeachfl.qov/city-hall/procurementlhow-to- become-a-vendor/: Balance of Page Intentionally.Left Blank DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F SECTION 0200 GENERAL CONDITIONS 1. TERMS & CONDITIONS —SERVICES. By virtue of submitting a proposal in response to this solicitation, Proposer agrees to be bound by and in compliance with the Terms and Conditions for Services(dated April 13,2020), incorporated herein,which may be found at the following link: https://www.m i amibeachfl.gov/city-hall/procurement/stand ard-terms-and-conditions/ 2. GENERAL CONDITIONS — CONSTRUCTION. By virtue of submitting a proposal in response to this solicitation, Proposer agrees to be bound by and in compliance with the General Conditions for Construction (dated April 13,2020), incorporated herein,which may be found at the following link: httos://www.rniamibeachfl. ov/city-haII/procurement/standard-terms-and-conditions/ DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID.FACD29F0-875E-4677-AE32-DFFFOFAD764F SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1.ELECTRONIC RESPONSES(ONLY).Proposals must be submitted electronically through Periscope S2G(formerly BidSync) on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A proposer may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the bid. Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4, below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to assure that its bid, including all attachments, is uploaded successfully. Only proposal submittals received, and time stamped by Periscope S2G (formerly BidSync) prior to the proposal submittal deadline shall be accepted as timely submitted. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Periscope S2G (formerly BidSync) by contacting (800) 990-9339 (toll free) or S2G�?a,periscopeholdings.com.The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its proposal is successfully submitted in BidSync prior to the deadline for proposal submittals. 2. NON-RESPONSIVENESS, Failure to submit the following requirements shall result in a determination of non- responsiveness. Non-responsive proposals will not be considered. 1. Bid Submittal Questionnaire 2. Failure to comply with Minimum Eligibility Requirement(See Appendix A, Section Al). 3. Revenue Proposal(Tab 5). 3.OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire (submitted electronically) and the Revenue Proposal with the bid and by the deadline for submittals shall render a proposal non-responsive. Non-Responsive proposals will not be considered. With the exception of the Bid Submittal Questionnaire(completed and submitted electronically)and the Revenue Proposal,the City reserves the right to seek any omitted information/documentation or any additional information from Proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in proposal being deemed non-responsive. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs,and sections as specified below.The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic proposal shall be submitted through the "Line Items"attachment tab in Periscope S2G. TAB 1 Cover Letter&Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Minimum Qualifications Requirements. The minimum requirements for this solicitation are listed below. Bidder shall submit the required submittal(s)documenting compliance with each minimum requirement. Proposers DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID FACD29F0-875B-4877-AE32-DFFFOFAD764F that fail to comply with minimum requirements shall be deemed non-responsive and shall not have its bid considered. Submit verifiable information documenting compliance with the following minimum qualification requirement(s): Bidder(defined as the proposing firm)or its principal(s)shall have at least one(1)contract with a public agency for at least three(3)digital media kiosks(similar in function to what is proposed).Said contract must have been awarded within the last five (5)years. SUBMITTAL REQUIREMENT: For each contract submitted as documentation of the minimum qualification requirement,provide: 1)firm name(or principal),2)contact individual name&title,3)address,4)telephone, 5)contact's email and 6)narrative on scope of services provided. TAB 2 Experience& Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the relevant experience and proven track record of the firm and/or its principals in the installation, maintenance and operations of digital media kiosks in municipal right of ways and other public areas. For each project that the Proposer submits as evidence of similar experience for the firm and/or any principal, the following is required: project description, agency name, agency contact, installation date, contact telephone & email, and year(s) and term of contract. For each project, identify whether the experience is for the firm or for a principal(include name of principal). 2.2 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members' qualifications regarding the role identified. A resume of each individual, including education, experience,and any other pertinent information, shall be included for each Proposal team member to be assigned to this contract. TAB 3 Technology and Services Submit detailed information addressing the technology and services proposed, including how Proposer will achieve each portion of the scope of services and technical requirements outlined in Appendix A, Minimum Requirements and Specifications, including detailed information, as applicable, which addresses, but need not be limited to: • Kiosk Design. Proposers shall include full drawings of the proposed exterior design, including any customizations that are specific for Miami Beach. • Proven Technology. Proposers shall demonstrate during oral presentations and, possibly, at other times, as determined by the City Manager, a fully functional version of proposed kiosk (the "sample kiosk") that demonstrates the functionality stipulated in this solicitation and that is already deployed at another location by the Proposer. While design is important, the "sample kiosk" design need not be consistent with the proposed design; however,all technology components and functionality must be consistent with an already deployed kiosk. • Compliance. Indicate in detail how the proposed equipment meets or exceeds all applicable building/zoning code requirements. • Maintenance. Indicate the capability of the equipment to resist graffiti, whether its weatherproof, and the ability of the equipment to operate at high heat and humidity without breakdown. Provide details on the proposed maintenance program. • Functionality. Provide details on system functionality such as: capabilities to incorporate accessible technologies for the visually impaired and ADA compliance, connectivity to smart phones, touchscreen DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFF0FAD764F capabilities,customized mapping and way finding to points of interest,real time public transit,surveying tools and integration of social media, games and other applications used to encourage user engagement, pedestrian counting, air quality monitoring and other Smart City technologies. • Retained Advertising.The City shall retain,at a minimum, 12.5%of advertising availability for its purposes, proposers are encouraged to offer amounts in excess of 12.5%in its proposal to the City • Other Value-Added Offerings. Submit any other unique offerings that will enhance the user experience and the Miami Beach brand as a world class destination and leader in urban technology. Responses shall be in sufficient detail and include supporting documentation, as applicable,which will allow the Evaluation Committee to complete a fully review and score the proposed scope of services. TAB 4 Term&Revenue Proposal 4.1 Term. Submit the proposed term of contract proposed not to exceed 20 years. The City reserves the right to negotiate term. i 4.2 Revenue to the City. Submit a detailed schedule, including initial payment and ongoing annual payments to the City for the duration of the term proposed. Responses should indicate, as applicable: 2) initial upfront payment to the City; 3) schedule of proposed minimum monthly payments with an annual escalator; 4)summary of any other payments or compensation proposed. Balance of Page Intentionally Left Blank DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F SECTION 0400 PROPOSAL EVALUATION 1.EVALUATION COMMITTEE INITIAL REVIEW OF PROPOSALS.An Evaluation Committee,appointed by the City Manager, shall meet to evaluate and rank each responsive Statement of Qualifications received in accordance with the criteria set forth in Sub-section 4 below. The Evaluation Committee may complete the initial review of proposals with or without presentations.The Evaluation Committee's scores and rankings are only advisory to the City Manager, who will utilize the results to take one of the following actions: a. Recommend that the City Commission authorize negotiations or award a contract to one or more firms in accordance with Section 0100, Sub-section 10; or b. Recommend that the City Commission short-list one or more firms for further consideration by the Evaluation Committee; or c. Recommend to the City Commission that all firms,if more than one(1)responsive submittal is received, be rejected. 2. PRESENTATIONS BY SHORT-LISTED FIRMS. If a short-listing of firms responding to this RFP is approved, the short-listed firms may be required to make presentations to and be interviewed by the Evaluation Committee. In further considering the short-listed firms,the Evaluation Committee will utilize the criteria set forth in Sub-section 4 below. 3.TECHNICAL ADVISORS.The City, in its discretion,may utilize technical or other advisers to assist the evaluation committee or the City Manager in the evaluation of proposals. 4.QUALITATIVE AND QUANTITATIVE CRITERIA.The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee.The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Procurement Department. Qualitative Criteria Maximum Points (Points Assigned by Evaluation Committee) Experience &Qualifications I 40 Technology and Scope of Services 30 Term and Revenue Proposal 30 TOTAL AVAILABLE POINTS for Qualitative Criteria 100 Quantitative Criteria Maximum Points (Points Assigned by Procurement Department) Veteran's Preference Points 5 TOTAL AVAILABLE POINTS for Qualitative and 105 Quantitative DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F 5. EVALUATION COMMITTEE RANKING FOR QUALITATIVE AND QUANTITATIVE FACTORS. The sum of qualitative and quantitative scores will be converted to rankings in accordance with the example below. Bidder A Bidder B Bidder C Qualitative Points 82 76 80 Committee Quantitative Points 22 15 12 Member 1 Total 104 91 92 Rank 1 3 2 Qualitative Points 79 85 72 Committee Quantitative Points 22 15 12 Member 2 Total 101 100 84 Rank 1 2 3 Qualitative Points 80 74 66 Committee Quantitative Points 22 15 12 Member 2 Total 102 89 78 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking' 1 2 3 5.DETERMINATION OF AWARD.The City Manager shall consider qualitative and quantitative factors,in accordance with Sub-section 2 and 3 above, to recommend the Proposer(s)he deems to be in the best interest of the City or may recommend rejection of all proposals.The City Manager may also consider feedback or information provided by staff, consultants or any other third-party in developing an award recommendation. The City Manager's recommendation need not be consistent with the information provided by the evaluation committee process and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1)The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified, without delay or interference. (3)The character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4)The quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Manager may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F APPENDIX A Specifications 2022-040-KB Design, Manufacture, Install, Operate, and Maintain Interactive Digital Media Kiosks PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F Al.Scope of Work. The selected proposer shall be responsible for the design,fabrication, installation and operation of interactive digital media kiosks (the "kiosks") in the public right-of-way, principally located on sidewalks and other public areas (as authorized by the City Manager), including all permits and approvals,and coordination with other public or private agencies as may be required. It is estimated that no more than fifteen units will be installed initially at various locations throughout the City,which may include Lincoln Road, Convention Center, Ocean Drive, 415t Street area,and the North Beach area. The locations and the number kiosks will be determined at a later date. Additional units and locations may be considered by the City to include potential bus shelters at key transfer points. Respondent will be responsible for 100%for all costs of the kiosks program,with portion of revenue to be shared with the City. The kiosks improve the experience of residents and visitors within Miami Beach through the use and implementation of"Smart City"technology.A"Smart City'is an urban development vision to integrate multiple information and communication technology and Internet of solutions in a secure fashion to manage a city's assets. The goal of building a smart city is to improve quality of life by using urban informatics and technology to improve the efficiency of services and meet residents' needs. Functionality should include: •providing information on transit options; and • providing wayfinding information to civic and cultural institutions, restaurants, retail and other business;and •providing information on local events; and •serving as a critical dissemination point for City messages during emergencies;and •serving as a surveying tool to solicit feedback from residents and visitors. A2.Demonstration Units.Proposers maybe required to temporarily install a fully functional"sample kiosks"in a public space, to be designated by the City at a later date,to provide the Administration and the public to interact with the proposed units. Proposers shall demonstrate during oral presentations and,possibly,at other times, as determined by the City Manager, a fully functional version of proposed kiosk (the "sample kiosk") that demonstrates the functionality stipulated in this solicitation and that is already deployed at another location by the Proposer.While design is important,the"sample kiosk"design need not be consistent with the proposed design;however,all technology components and functionality must be consistent with an already deployed kiosk. A2.Specifications. 1. Interactive kiosk units shall: • Be freestanding, installed in exterior location and capable of exceeding all applicable building codes. Electrical and communication connections shall be installed as part of the kiosk by the contractor. • Be weatherproof,including ability to operate at high heat and humidity. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F • Be graffiti-resistant and durable including procedures for preventing and rectifying damage from inclement weather,dirt and vandals. Removal of any graffiti shall be the responsibility of the contractor. Failure to remove any graffiti may cause the city to remove such graffiti and/or cover/remove the kiosk and charge the contractor for such work. • Be fully American with Disabilities Act(ADA) compliant, including adjusting height of content and interactive features for users in wheelchairs. Each kiosk must meet American with Disabilities Act (ADA) regulations including approach height/reach requirements and accessibility for visually impaired. • Include a directory that allows for opportunities to incorporate accessible technologies for the visually impaired and be equipped with the ability to connect with smart phones that can direct user to a web based information center. • Be interactive with users allowing for the navigation of screens and applications by employing touchscreen technology as primary interface of device. • Allow for the display of advertising,as approved by the City,when passive,but upon engagement by a user;the advertising must be minimized or eliminated to take a secondary position to interactive content. • Be location aware, providing customized mapping and wayfinding to points of interest nearby and through-out the City,inclusive of options for walking and public transit,including real time arrival and departure information. • Provide filtering to search by category of activity, including transit options;civic and cultural institutions, restaurants; retail and other business; local events, City messaging and surveying. Should include rational sorting protocol including proximity and type(such as by cuisine,where appropriate). Must include procedure for ensuring this contact is up to date,accurate and relevant. Must include transfer protocol to share mapping information with user's mobile devices. • Provide surveying options, including ability to pose questions to users, collect answers and disseminate to City. • Include the option of integration of social media, games and other applications to encourage user engagement. • Have the.ability to switch between English and Spanish, with support for other languages if required at later date. • The software for this project must provide for remote, easy and efficient additions and deletions of data and content, including graphics and photographs. The respondent will be charged with the daily management of content on these kiosks. Some content will be static (i.e. attractions). Some will change periodically (i.e. DocuSign Envelope ID:509B1 CE8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4(377-AE32-DFFFOFAD764F names of stores and businesses,goods and services).Some will change constantly, even daily(i.e.promotions and events). • Integrate the City's existing graphical palette into the program/software. Copies of some of the City's logo and graphic palette can be viewed on the City of Miami Beach web site(www.miamibeachfi.gov). • The respondent will also provide the content for the kiosk project.This includes all photographs and images, narratives, business and building names and addresses, goods and services provided by business, as well as attractions and events. It is expected that the selected vender will adapt these files for interactive touch screen mapping. • The respondent shall propose a custom design of exterior of unit to create design unique to Miami Beach. 2. ADVERTISING GUIDELINES A. All advertising accepted for placement will comply with Federal, State, Miami-Dade County, and existing City of Miami Beach laws, rules and regulations. Revisions to the City Code will likely be required to permit general advertising within the kiosks.The City will retain the right and ability to identify the quantity and location of any proposed advertising program. The City reserves the right to approve or disapprove of any advertising and can request that it be removed at any time. B.The Contractor shall neither accept for display, install, nor maintain any advertisement that falls within one or more of the following categories: 1. Unlawful or illegal goods,services or activities. 2. Tobacco or tobacco related products. 3. Firearms. 4. Sexual services,programs or products. 5. Political candidates or political issues. 6. An advertiser that is a competing brand of non-alcoholic beverage to the City's pouring rights provider(Please see category exclusion portion below). C.Advertising for alcoholic beverages shall not be permitted within 250 feet of any school, day care or house of worship. D.Any such prohibited material displayed or placed shall be immediately removed by Contractor upon notice from the City. 3. EXCLUSIVITY ZONE The City will not permit the installation of an advertising freestanding kiosk within any area of the Public Right-of-Way located within 250 feet from the closest edge of any Bus Shelter (the"Exclusivity Zone"). Moreover, notwithstanding the foregoing exclusivity zone,the City, on its own or through a separate provider,reserves the right to place advertising freestanding DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F kiosk on any portion of Lincoln Road, even if certain parts of Lincoln Road fall within the Exclusivity Zone. 4. INSTALLATION AND MAINTENANCE The successful contractor will be responsible for the design, fabrication, installation and operational investment of the kiosks. Contractor shall maintain kiosks in good condition and repair and shall be solely responsible for the maintenance,cleaning,repair and replacement. In the event a kiosk is damaged or defaced in any manner it must be removed or repaired by the contractor within 3 days. Depending on the extent/content of the graffiti/damage, the. City may request immediate covering of the kiosk and removal/ repair within 12 hours. Should the Contractor fail to correct damages in the event of incident within the specified time frames, the City may repair/remove the kiosks and charge the contractor all costs associated with non- performance. 5. PERFORMANCE BOND OR ALTERNATE SECURITY The successful contractor shall furnish the City with a security deposit,in an amount agreed to by the City.Said security shall serve to secure the successful contractor's performance in accordance with the installation and maintenance provisions of the agreement. In the event the successful proposer fails to perform in accordance with said provisions, the City may retain said security, as well as pursue any and all other legal remedies provided in the agreement,or as may be provided by applicable law. 6. LICENSES, PERMITS AND FEES. The contractor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances,regulations and building code requirements applicable to the work contemplated herein related to the installation and proper functioning of the kiosks machines. Damages, penalties and or fines imposed on the City or the contractor for failure to obtain required licenses, permits or fines shall be borne by the contractor. DocuSign Envelope ID:509B10ES-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F ATTACHMENT C SUNBIZ& PROPOSAL RESPONSE TO RFP DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F p .j c,nr. n- CnR^r'G 6T OAF. fib �1 �. rg 12ePartment of Stale I Division of Corporations / Search Records / Search by n i Name/ Detail by Entity Name Foreign Limited Liability Company IKE SMART CITY, LLC Filing Information Document Number M18000006181 FEI/EIN Number 81-2915656 Date Filed 06/28/2018 State DE Status ACTIVE Last Event LC STMNT OF RA/RO CHG Event Date Filed 12/09/2020 Event Effective Date NONE Principal Address 250 N HARTFORD AVE COLUMBUS, OH 43222 MailingAddre 250 N HARTFORD AVE COLUMBUS, OH 43222 Registered Agent Name&Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Name Changed: 12/09/2020 Address Changed: 12/09/2020 Authorized Person(s)Detail Name&Address Title CEO, MEMBER SCANTLAND, PETER D 250 N HARTFORD AVE COLUMBUS, OH 43222 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F Title COO BORCHERS, ADAM J 250 N HARTFORD AVE COLUMBUS, OH 43222 Annual Repo tt Report Year Filed Date 2020 03/17/2020 2021 04/08/2021 2022 04/29/2022 Document Imaggs 04/29/2022-ANNUAL REPORT View mage in PDF format 94/08i2021 --ANNUAL REPORT View mage in PDF format 12/09/2020-CORLCRACHG View mage in PDF format 0317/2020 -ANNUAL REPORT View mage in PDF format 01/06/2020 LC Amendment View mage in PDF format 04/09/2019--ANNUAL REPORT View mage in PDF format 06/280018-Foreiggll miter View mage in PDF format DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4B77-AE32-DFFFOFAD764F SMART I ke CITY .,+ Proposal Response for The City of Miarni Beach: • Ili" Solicitation 2022-040-KB DESIGN.MANUFACTURE INSTAL, OPERATE AND N TERAC-IVE DIGITAL MCD'A KIOSKS • UV'5.2022 L '- . 111 t. , a 0 _ IM iv eht. ill ,he , r g r i 0...., - ir-S.I411140 Az Amer c,,,..441. or , amior -- 0 2.... . iii . , !ir*"Atti 0 4' DocuSign Envelope ID 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F lir, ,, ,A 0 . . it / \ . .. 4, . , , , ,t,....„,, • _ _ Pr 1 COVE k LEI TER , , MINIMUM QUALIFICATIONS I'c- OUIREMENTS • 410i, 1111 . ,',.- ..11 uSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAA62DF6 DocuSign Envelope ID'.FACD29F0-875B-4B77-AE32-DFFFOFAD764F �stalt.oparauon,and maintenance n.manufacture.'+ , ,.J rin our proposal for the design. Smart City is committed to y f r considering1 Miami Beach.IKE Sigenet ate a significant Fhdnk ou o iind ng k,osk5 to the City a aesthetic contributions and w JI 9e^ digital way r media rhi,makes strong media sales.The program erbcally integrated of interactive dig nested model of outdoor advertising. supported by ed Our v community convent.art._and` nab creates business models Beachc with no capital investment rebu r Pursuing a Community-oriented o music/o IKE sself-sustauring of Miami . Project ManagemenP Design' namtc mix of coin eurting media company t he Cityprogram. badds o a City reds live revenue stream tot rOperations/Maintenance nle��a^Ce Prange Barrel Media(OBM1.en 18-Y landmark outdoor n aspect of the turnkey to ement.Op formed by implementing are now that +r in-house;Fain narrates every P IKE Smarr wasdesigning.coral artgs and Denver in 20'S,and IKE networks eryas uctio /Ins aurnkey.Content Ma's including+s al clientsotubyManufacturing: r Of OW f+a. 1piopo faces.IKE launched m DemSoftware. vacua for municipal and Adve+ts using Sales A au Y he characterct urban P Cords Gables.and Tampa- r.v adds to: In-class ardwaMiami, - o e f tI gt 00000p o .el U UI t` 15 markets nauonw:deconnects a g of apphCatpnS.ando�po sifm that COnnf CtS cities hardware and software Commun.Cahon system meal have tP0 beittera tiv ever-expanding nU IKE 5asfam- I_t engaging 's ongoing investments in software develop with t people` h interactive.vivid^ad t C to enig,n a kiosk P rated features.functions.and ,t IninCterlace.Hub IKE S res. dynamically enga9 g —an advanced digital kiosk vntnezd g It n one place. they created the ate Smarr Meand puolic with everything provide;he City JiD/across t e resources kiosk Mat Pr mobility.and e4 " .<. medium that can be t" ' hyper-local experience that drives disco K a responsive City of Tampa.ensures economic offers0e0ir a h T tt of our system makes an IKE network to the k in Miam Cosa GJoies.and the support rum.The adaptability Y partners.Addingin Fwrida.-nciudmg our win bV spectrum.support Ynf diw_r5'needs of our City P s experience cf it'uiic w CSCt' oetrts.including +KE Smart City' program to the City of mt,aetr Beach.As demonstratedp benefit mrt1 success and commitment to providing provide valuable b2 ---t and we am grateful for their Miami Beach will • we wil'deliver a has been kioskur ongoing mmunrtN -.,!t •'eC '' letters on the rrhhasfollowing epnrecognized by the Miami Beach for your time and c grateful . ,.te�'r C, 1"itl 100k ro bee s �.,;dmc the IKE D� CUSsio nS.InanK Yob+ gh _ _ �o^�-'-i` "' V n`• support.We Zook forward to future tlis e C.�Y1.,. iC:..,. E ..ran,rry KD - r r n r."r l,m,.,o.oqv..c t a 4-VeI :nappingUIl nr_ gip. p JC ��. c: J4✓`� A Nr XHAE.. RMDiA Oki/ s !>i!➢:�v J ..�• 1 tit {+ 2 N Nrt,9 e DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B4B77-AE32-DFFFOFAD764F WASHINGTON AVENUE RID OCEAN DRIVE ASSOCIATION BOARD Of trot E WrightOcean Drive DIRECTORS 1234 WeSh ogton Ave 4204 Miami Beach.ft 33139 Idly as,tot! lA June 1.2021 temrMm Haar Yu Vervain.Mad nK inw Dear CAy Manager Alma Hudak Tice Honorable alms Madam Secretory tee Manaew optd ewe On behalf of the Washington Avenue BID and Its Board.I am writing to express support for a CMd M,am+Bean meaner I O taste deployment of IKE kiosks on Washington Avenue.as well as throughout the other commercial 1100 Comerdan Center brae corridors of Miami Beach Mum Begetter Has rrrewm (Sear Madam Manage r look We believe that upgeedmg the Beach's misting oatni wayfinding Mgnage will create a much Movie,every needed discovery and wayfinding tool for residents and visitors.provide a sense of safety,and for your connderation,please find Its letter eapraun Ocean dem arwrratleei s support lot the signdicantly improve the aesthetic of our strees. deployment d warfindn kayaks lhrpaanoA OK City of lMan,Beach We are Meer aware of the Weather 9enrtrr eedm enitarre wehndrg a,dinforneto,ars:emnaean In oar mywth a special fora on IbMash/lededK The IKE team expressed the ability to customize the on.screen content,as well as the kiosk enhanan the pedesWn MBMente we recently were provided kink a eresenMdxt and .the 111 product and wnewrylnp,rid We twee canted to learn that ref product srewn/aMner hardware.to'OW the unique brand and needs of Miami Beach and Washington Avenue. has been vetted in the Wmw°db0 and Nee beenmuMkd it is Mao tarn widestanding that downer lbw ten Because the listings on iKt are sorted based on proximity to dash kiosk location and large both Moroi and Coed Gables are baerm,rq WI deployment Wash pr°Mes ten*t we Maeielemrnt.liar businesses cannot pay for elevated placement,we believe that the kiosks would true traffic to tonne/ence on in impteme tte,l n the small,local shops and restaurants on Washington Avenue. the ODa Han'esmar upgravtoa the Beadt's evnne craw haulIncline wage without May till Matb Cavuw elevate the pcdestron ereereence an Ocean lame and throughout the any tot render/nand tlO tar xvmaterks The BID is exalted about the possibility of using the IKE kiosks to oromote its events.and to nsItens The ter all.W'saanastk buthest outings enure the people are kaoline About CI that the enhance safety during these events through lKE's emergency features We an hopeful that the teach kin Ur OW icO't emergency limnpnany and WAN to eeatekght through°.the Beech MnCOh City sees the value in the IKE program,and will choose so move fonvard with this initiative. will enhance beam repaint and abhor sense d safety as they wee en our meets.many of wt.wt V&EResrovront esinennyroo del We were pkaeel hear,from the IKE Snap CM team abut then mien.to prow We believe that between B and 101KE kiosks could be installed on nett on a Custom...the Mott content and hardware to reelect eve khans Bead,u,tsue branding andclwaner Mope*done.these kiosks os ready heb us tat°r now ewer wove rpmfemak Washington Avenue alone,and that there Is an opportunity for over 30 kiosks lheoughout the •Formes taunt wrrenth do other key streets Awkn NOW As noted abw,neynbnn con turn as kheeni and corn Gables new installed tat sou,or are iwefOrsUle,the City of AetamiiT installing near 150 kiosks We also understand nrtune lit hoda tom summer webekey*Hattneen IMP anaev+nartc henna arohevee aeare,ndy that the City may allocate a portion of the revenue that is received from tins 300lrtt to Cultural sun uts n sprdion ern.wash t e Mural vthaewe owhaw len bet rises l Seth t ace alanapenrnr proven.aurare a lamhe wenthedega for,n the os,toe forward mans..wonuKrnrur Lpnw activations on W+shMgtan Avenue(as well as Ocean Delve and Collins Avenue),which would be Mimi Beach,our encourage the admnnnpon CO mow lonrare e.peemovev vim<onpanuon tremendously impactfu.for the BID. or this waeerne proµwt We urgently need toreprove toe pedennen erperienre Set Mtam akmb raker &arch. Roman rn mr OorM weua+ Bm rely ) w / cear,pAt Tropical yE Wright �. cafe EAecutivn Director Cec Washington Avenue BIB [ryrserw P,r,lC den vekae be..Wetter DocuSign Envelope ID. 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID FACD29F0-8758-4877-AE32-DFFFOFAD764F TAE'.LE OF CONTENTS i - +{,� _ _. \ 3`,'`_ 1. Cover Letter& Minimum Qualification Requirements 2 —� • * ` ;0 1.1 Cover Letter and Table of Contents 3 - - . '` 1.2 Minimum Qualifications Requirements 6 / 4 4 �', 2. Experience & Qualifications 9 ~` y;*--- 2.1 Qualifications of Proposing Firm 10 /� 2.2 Qualifications of Proposer Team 21 _ lerli'{• ` 3. Technology and Services 34 3.1 Kiosk Design 35 . 3.2 Proven Technology 46 3.3 Compliance 47 ' . . 3.4 Maintenance 48 ti _3.5 Functionality 54 - f 3.6 Retained Advertising 81 `� A.l 3.7 Other Value Added Offerings 86 1y / �. 4. Term & Revenue Proposal 97 ' 4.1 Term 98 4.2 Revenue to the City 99 t . �+ 1 ti DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8756-4B77-AE32-DFFFOFAD764F IKE Smart City is the only vendor with the qualifications and expe ence,Pcessary to deliver the<Prv4e •equested by the City of Miami Beach Since our inception in 2015. IKE Smart City has been selected in every competitive RFP that has resulted in the deployment of interactive kiosks in the public right-of-way. UNPARALLELED EXPERIENCE EXPERT AND VERTICALLY INTEGRATED TEAM IKE Smart City has a deep understanding of working with municipalities to construct in the To deliver a world-class turnkey kiosk solution.IKE Smart City has a nght-of-way and has unparalleled experience permitting.installing,and operating interactive vertically integrated team versed in all phases of kiosk deployment and kiosks In sidewalks across the country.IKE Smart City has operation,including Project Management.Design.Software Development. Manufacturing.Construction/Installation.Content Management.Operations) Maintenance,and Advertising Sales.Importantly.IKE Smart City is the only cp c mcdel sp _nc, 1•, __ _c1;10_cmrpl, ti kiosk vendor with ha, fvlr—ai;C L icr V. Ar r l,..se S.'I'c., ( 1•1,a s -login r r .i.:n.e`il on ie_ur,o• e.r,ruc c.i • 'ert wrap(arlirillii outreHC'- i i'lrh nl;r<et Sr Oat the IKE +c:r ilse ,�r ✓[kir:yk� r61 h•,•- (IC P.Ur Sin^SSC' er o tic 6C) c-ti hr erS ,KC • i, 111.1 S ' 100 .I•; rtic o >, the i- fo -IC,. Re , • H y1 FINANCIAL STABILITY '•f IKE Smart City is well capital,zed and able to Invest in the success of the rr program in Miami Beach and nationwide.with • , -•v _� 1 01101 .. ac na t. 9. , vhile r rt t in-1 to "Ive t1,6 ,t10 it wit r_. 6 ic,6,)•oo, • j - .�• cv ur'3- il -ir ..J _1 r upr rr rr ttr' <•.. -h r DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927WB2DFB DocuSign Envelope ID:FACD29F0-87513-41377-AE32-DFFFOFAD764F • .iL 'L. <r. SCOPE OF SERVICES Across all of the cities listed below.IKE Smart City has a contract to manufacture,install,maintain,and manage interactive digital kiosks in the public right-of-way at nc cost to the city All IKE kiosks provide a best-in-class hardware and software system,delivering valuab!e smart city services through interactive,vivid touchscreens and a suite of applications. .... . , ,.... . . . • c i,0,Ai ante Dcpa-pen.nt o'llIdido ,..,no.°,1 nc', Sh drt C ty CDn'oodtant 55 Tn,lyl0,,,,,c,SW Sr 9 S700 11.16 2: , _ 120 Pe, Alldhi.o...rotg a 30.103 20 S Cbr,i44 Ss 32/•:tno,c/AD Downtown Pa0ma rsr o u•ealanur: lei,en Ham Ron (hot Mark.,016cco 220 211 000)244-1030 199.1tonndisabarq 02,06 18 15 35 13a. e.hfD 6,16, o, d..I-Ilk Slood,oilt, 05 I-O9 q 0 Cino-mm,rpnfe;C,e Dmie1cnnxm 1203 1Valmrt Soraq 401F,,, -inc•nno,3- Idehro Westhfook Develoomcm1C,eclo, 15131 9771054 .99.stets:40,30e aq 12/011,21 4 30 C,Coandhurt(3CDC, Cint'fie'OH 45202 e1 C.,,r,. ,F u•0,1'ci 60,L.:soci 4,-9.,22' ',Id (..,r,.i Cteve,..021‘,1 66.4 2300 5,,,,,k.h.leort id Moo .do.. .h.SO id .:1 dO Vice.,elederte :00r,4:41.OH Ex le,,,-.4 Cc107,,,,, Km,Ilasunar,C Th 2'W'''''''''''B''''5''2 5 1514)222-6107 ..au3mannEspenenteCo4,b9s to, 050,18 ;5 100 Oestreelo,faoenente Columbus.OH 43215 Ass st•••rt D,cto,et.,,n,,, ,rty Hm1.05 8 1.4,,a•/44,, Go 1-d 0/ Cot. d cod do,,,,,, ,,,,a,.; 30514C:0-5192 ,0 er e t2 r:c,olgAun,,om 06 23'8 7 Ch.,.,.o.ohdo Co,doh.d.ho Cora.,c,..1.31114 Den9er.CO 0own1044n 0n0/e,PArt0.0192 Koolny Garrett PIefitleod 410 CEO " 1 5' t3031534-61E1 .94,e0404o00l8wn0enver cow 06,0915 14 15 Dem..,CO B0202 ,•..Amo s 1,1a.•1,,9,,,1F, 9..t.r, G,,,c,,,,,,,, C.,,,,4 r.9 43226 ,111,,4 2724 un..:a mi c I*,,,..!,.,,ce•I,vi odh 0511 do ., In do,/8120•.:.,o, Dea.19121..r.. 90184909 .nu,on TX CAC al dinoostnh Gw.michm T 110190n t1132)331 0917 gymn0dyn,9,1scnO,,,491.92n, 059571 20 125 09 CC flu Ecc nom,Dcef cloprefie, 8041°P3h T%7/002 r• r•Mu, All hic oh-, 5O 2$0 Sa:d0 ,,,,O,k.94 01-.cm 0111 01:0 tSo Chef ennovestpon Office., 114 VI Cornmelce St 10+Fl San Anton0.TX Cm,70 San AhlOdolo 8004,C 0,/ISIS 17111207-8149 911241 0 44.0-sonanton4c.coo 12/1447 24 too Smart Oty Adtoinivtotot Son AnIc,c,TX 78205 C9'1,, 11-411,-,,‘,1,1 Cl/Oil 1200 Flo,ct Svc, 04,.4 , Sen9/D.ecto,of P1,1.c 400.4 Ash 4,12,5fi,WO 14mo.a.Ft %mph Downtown Panne,.p She,Dnn,e,ru '11.3/682-,X., 0,9o94rd.m.ampasdavexorm corr. 08.10400 , 30 19,,a,,-ming c Op,at om iar,,,F,33E02 11,R. Sal,d lo...1 Inc, •hi 75281 i050/1,5.12.15 4rdh.hd c dro'hd,odo,I o'o '15,15 I, c DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F SCOPE OF SERVICES For the cities listed below,IKE Smart City has been selected to manufacture.install maintain and manage interactive digital kiosks in the public right-of-way at no cost to the city. All IKE kiosks provide a best-in-class hardware and software system,delivering valuable smart city services through interactive,vivid touchscreens and a suite or applications. Jaklard,CA Cris,of Oar:nrd M:chac hen Manage.POS,tp$MOblkly Dvnon 1AFrarkH Oga.ra Plata Su:tc 1333 61028-7.7 ,ford,-o-kl.ndra goy 042027 da,.iad CA94442 Phoenix,AZ City it Phoenix Nei Knudson drector. 200 W Washington Si.Sth Floor I602f 762 6137 - Street Transportation Deparlmem Phoenn.AZ 85D03 �m knudsonephoentz.gov 03 2027 nio,sh NC Do R-lr3 At�.r•n_2 OI Kir P,�s�drni 3 CEO 333 Fars^tr_�n4-5t.Ste,t150 r518i-69a0 `54kn 9n y Pa ,gr NC 1rbOh ,91 gn:own-arrn�a.e,g r;,rg 07202: City of San Dnego r Downtown Chromate Partnerships any 1200 Third Ave Suite 1400 MS 56D San degn.CA San Dtego Partnership Sarah Brenhe DesMonment Program Manager San Dego,CA 92101 ISM/533-3837 sbrnn.nacanndlr5o gov 04 2012 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4877-AE32-DFFFOFAD764F • \ ... v r./... .-mr N'\ ' i EXPERIENCE & 'L'gr:rw-rwTh6". ) , QUALIFICATIONS � � El � � � r :ATL DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F HE LEADER IN I"r, , EkA�_ 'V ��'�_�! J_>k �M �� -e. j _ i For the past seven years.IKE Smart City has been singularly focused on evolving the ,i . - .� t r interactive kiosk experience,investing heavily in our software and nerdware to deliv' BERKELEY ATLANTA HOUSTON tsr most technologically advanced platform available and refining our practices through our extensive work Sr cities ■f .it • IKE Smart City's expertise in product,technology and construction engineering j _ ���II� I�M�! enables us to lead the smart city market with continuous innovation,customization, y ,y 1 and updates that leverage quickly moving technology and construction needs.In the -t 14 �•_ r past four years alone.we have designed,updated.and released three generations of IKE kiosks and scaled our proprietary software platform to accommodate the growth TF M PF TAMPA DETROIT of our business. 4.. r1 . U '.' (' Exceptional operational standards are a hall^park of our company and we are staffedNit I ! A t i1 r _ 1 . with top-tier subject matter experts who work in a vertically integrated team to .� .._ 1.•rr +• i ^ ,. 44. Implement and manage all aspects of the IKE program including I 01 ,el '- ....:411: - • So':,"p;; F ,rn^ M,;ho Sol- DENVER MIAMI • • - L GA . • r• f .ebo` • M.. .rl.nr) __ • r " .•I 6 . • LI • per,,,,,n:-, • a ., .:em .,.tv Par - � ! - -M . Cr ns r_t�.�i�lrs.�.l�'or. I. t 'kg r d _ .'- 411: 11 IKE Smart City's success is an amalgamation of our people,product,am. CLEVELAND ST. LOUIS B- M processes.and this proven formula has led to IKE's selection by cities nationwide and established us as the leader in interactive digital kiosks. f r .') 41tplif' ,-Iirl. .• _ ' . - -f..; ' . Ye i . ; K.+ SAN ANTONIO ..CO?UMIIUS itibbi74414ATI • DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F IKE interactive digital kiosks deliver valuable smart city services and reinforce Ire City of Miami Beach's brand as a progressive innovator by driving three fundamental objectives of a vibrant,pedestrian-oriented destination. OBJECTIVES IKE PLATFORM '141,"- , O DISCOVERY O., , S,ii,m E ig.•:eering team has decades of • _olIechve experience deve aping solutions for consumer Yr .ii . •, 1\. and business aopl cations.We nave full-stack expertise .. n s sgingtem from1 autif lly deresigned and scalable user interlaces placesnd — syslems;o beautifully designed user inter Woes i-.. • • ` l r - r lie " 9 MOBILITYa . IKE is built on a flexrblo data platform that seamlessly v- I integrates With th•rd-party services and city systems. Our proorretery software accepts secure data feeds f - configured in a multi-tenant content managemem system lit r to update iKEis content m real tune. rilk EOUITY _ * :IKE Smart City rs continuacy investing in pla!lorminnovations based on usage Vends.technological IC ,, anvancements,end the specific needs o"nur City partners Software updates and new features are implemented regularly DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4677-AE32-DFFF0FAD764F KE KIOSK NETWORKS NATIONWIDE LIVE(1M) • Atlanta,GA • Baltimore,MD • Berkeley.CA • Cincinnati,OH TN W/ARMY. OAkOTA YONIA. • Cleveland.OH •Columbus.OH YYef IOTA • Coral Gables,FL • Denver,CO to +- eOYIN 1.11140411.. • Detroit,MI • Houston,TX Rel.. a.wo MICR*. kw...MO NNW 0 w..... • Miami.FL • San Antonio,TX e. ,a Q MUM. • St.Louis,MO • Tampa,FL 9 caY+..O ,,,,• ,A°„ K ...r p neon wAi. w ry • Tem e.AZ Rer°oA �cn .a NA Ra Qan.r Vtett.a eI vIA. caotw .. 4wnQ rL..W.w AWARDED(4) •11•Mgv °Nca. >..x ul,reWNA Matra. 'Mru 9• Oakland.CA • Phoenix,AZ onweY I ,e, + ..a. Aa�wuR (Ae4eMt• Raleigh,NC • San Diego,CA L°r..Lro 9) R1, I10 IAt aLLrA 41IRA OrAfi O.OI NIA (IAI 0 9° ONIMYI S.,A� Q °c.i.Im ILene.ta -r NIERON SLAUGHTER DocuSign Envelope ID 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID FACD29F0-8758-4B77-AE32-DFFFOFAD764F */*7 1 /PFkI[NLE= IN Vl/1M! \. 4 . IKE Smart City has several years of experience working in South Florida,most lei .q II notably with our IKE installanors in Miami and Coral Gables. ,� .. F• f ' • -. in March of 2020.the Miami City Commission approved an ordinance amending •i• Chapter 54 of the City Code.allowing for the placement of advertising-funded ,gin /• interactive kiosks within the right-of-way or on City-owned property.In April of . I A r 4 2020.the Miami City Commission approved a contract between our company and the City for the nstallation of up to 150 IKE kiosks citywice The first kiosks C� E� _ - went live in June of 2021 in the neighborhood of Wynwood and the network extends Into Downtown,Brickell,Overtown.and Coconut Grove. Watch Miami Mayor Francis Suarez discuss how IKE adds value to the City in an episode of his social media video series.Cafecito Talk. in Coral Gables,we installed four Kiosks along the Miracle Mile and Giralda in August of 2019 The kiosk usage numbers were so significant that in 2020, - 6 the City decided to extend the contract to allow for additional IKE locations "ma. throughout the Gables.The second phase of installations took place in 2021 beginning with a kiosk near City Halt �►� E J , lg .11 mTvnsLit 1 • r .., f '' t. . MAYOR FRANCIS SHAPES 'A r rr�� , , _. rl ro 0`'' CITY OF MIAMI CITY OF CORAL GAB, It IFAlf Nor,ego Be/Nys Perez 9 FIRST INSTALL'':i 1 FIRST INSTALL'' ?• ' il i - ' YEARS AND TERM OP CONTRACT YEARS AND TERM OF CONTRACT, WYNY • .. -MI NE SMART ET'.WWI DocuSign Envelope ID 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F • aY A 4 t ( re l.- _ E(� tI 3 . _ R l $ v ' 4 x I. ft lit: .1 • r. ..... uaEaP+ # _ y' P I Ira 1`• i ra i4.._.0_ ir rA • ; „lit'' her extensive research Tampa is thrilled to incorporate email city waythnding one city with one bright future.Pie installation of tMse IKE kiosks la ro our public maim.Everyone at IKE(Smart City)has shoran such a great POSO the chy demonstrates our commitment to connoctiWty.The beef of professionalism and ensures a seamless process from development, tEE kiosks are InhxtnoNvc,showcase the bra our city has to offer Installation.and technical support to res:deo?o and visitors aloe and further assist our efhats to move Atianto forward. ISENIOR ORIREcine OF PUBLIC PROCRAMNINO A OPERATIONS.TAMPA DOWNTOWN PARTNERSHIP I MAYOR ANORE DICK ENs CITY OF ATIANiA Representative of its work in improved mobility.small business focus.and innovation,the Tampa T:rough:n RFP process.the City o:Atlanta s Department si lnloririaion Manaeonie iI[AIM)selected IKE Downtown Partnership(TDP)and the City of Tampa selected IKE Smart City kiosks to activate the vibrant. Smart City in 2020 to nstol'F 120 me active kiosks throughout the Cite Inc°ding 25%of kiosks in encerserved pedestrian-friendly areas of the City.We worked,.rth TDP and the City to determtre the best locators for areas We worked closely with the City to promote community-building initiatives at the IKE launch event in 30 k asks Ihrmighnnl drn-rntnwn Tampa and the s°imnnding nci;hhnrhnnn5 n an eltnrl to pro,nte disrnni-ry May 2022.including promoting the Mayor's Summer Youth Employment Program and showcasing artwork of local bus nesses improved mobility via public transit and rotatable access to'esoutces the l:rst IKE went by local artists.The IKE network.is Iwo in Southwest Allaiitu.Inman Park,and Old Fourth Ward and it will 5o0• live in June of 2021 and:fin City-ow has kiosks in key ocatoris across Downtown the Cl cannel District SCHo exteno inl0 Downtown.Midtot.n,Buckhead Virgmla.Higi'lano,Suinmerhil'.keast End,East Atlanta Village Tampa.Tampa Heights and East Tampa Mom ingsice-Lenox Park arc several other reighbonc.cs across the C ty TAMPA DOWNTOWN PARTNERSHIP CITY OF ATLANTA Shaun Drinkard FIRST INSTALL:6.19 tear Candice A.Prentiss,PMP FIRST INSTALL:111011 lvi-15R2 2''t YEARS AND TERM OF CONTRACT. ;404 100 4111 YEARS AND TERM OF CONIRACT- DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0.875B-4B77-AE32-DFFFOFAD764F ' 'XI. ., - IMINI fad IN - e".. • r - T2FSL7!tt __, . a r. 1 m G....-7- '. ...".. 4°'"A' A P191 ..,- 1,1 * I ." . de — v.,.......1111111. , L —,�' f _ _...4# . he City al Houston has a lot to offer residents and tourists.The IKE digital rt • o.*steeled IKE abler Movaughty reviewing other options asks will he an exciting new amenity to help guide people In various • Q O0It On the market and for and away they stave a wpenor dhections to enjoy events.restaurants,and so much more.These kiosks on product They also earned the contract because r.l the team Y one of fhe many ways Houston is moving forward with cowling more walwooie product knowledge,customer service,and attention to detail. spaces Mot make for a sale,and more pleasant experience. r yURfvA AMNTON r..a n.ire tlil4 evipWsur,v1NERSNII''•9AI r.VO.i YAvaR SYIV[STfR TURNER Alter re,easinu an REP for interactive dt_Ilal kosks.and reviewing competitive sutmrssons,the City of Houston Tre City of 8alhntore and Downtown Partnership or Baltimore(DPOBI selected IKE Snarl City to deploy awarded tie proles to IKE Smart City e November or 2020 n May of 2021,Houston City Council amended kiosks throughout Dovrntovni Baltlnwre in 2018 IKE,rem line m 2019 in°cations spanning the Bionic,Ails their rests etude stye cone and approved a ccniracl is tii IKE Smart Cup for the deployment of kiosks i i 14 C.ty Distnc'.Charles Center.redera Hill Inner siarc_or Mt.Vernon Camden`aids.and the inwersOy of Maryland districts We worked closely with City start,City Council.and neighborhood associations to choose kiosk We worked closely with DP08 on content integration.community messaging,and art programming. locations and placed 10G of the network in historically underserved communities.Further ter IKF team ',KF played a key role in 1-e FA-tOlhrnilimore campaign,sr,tit siren lea Or DPOB in oarinc•sh•p vnlh Mnrylan_ hold e r ea-h n;laCenl properly owner of a proposed kiosk Incalron to Mal,c^mrnurity`+n'porI IKE Kroskr are Art Place end the Bromo Arts D SiriCI now 1 ve m Dowrito.iri Limos,.EeDs Midto.:')Museurn Di.sencl Grouter Third Ward vitro Greater Heights CITY OF HOUSTON DOWNTOWN PARTNERSHIP OF BALTIMORE Gwendolyn'Gwen'Tillotson eras,INSTALL:2 0-2n2: Lauren Hamilton FIRST INSTALL:1 lE 20'-a 32,3,`n]3t YEARS AND TERM OF CONTRACT: In ads into YEARS AND TERM OF COMTR AC T- DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID.FACD29F0-875E-4B77-AE32-DFFFOFAD764F _ - ST. LOUIS, MO u_ F s ...ranee. _ t — • � Aj a,. e /� 4M.'vr 'r.'IA '� ";1° ` 1, _ -jilt_ __tea * N - ` 1 'MPS ` oi / r ar r ,S.. t. • T 1 `' • • t + �Y 1_ ��(`'ese intelligent waylindlrp kiosks will onaw our atree Nevel a rollout o/tile lust 30 kiosks hFve in Sf Loull Iws OCM noNing short at Merchants to integrate digitally Into die Ores of downtown Tempe IAl(i.fir ammurMy biros Mvm,and/KE lion gores a0oler and fseyond visitors But beyond wayfinding,these kinsis will provide public transit fo'more with us and ensure everything hofn Mu logodtxr to operations and updates,job boards,and social connections throughout downtown. tsfabthtrfdMY went smooth*was high quality and they have more than met their ongoing maintenance requirements, fDrR RORFPr D CLERK!,+ Ca In 2018.Downtown Tempe Authority,the City's largest BID.chose IKE to replace static way/Incline The City of St Louis and SI Louis Development Corporation(SLOCI selected IKE throtgr a competitive REP throughout its boundaries and facilitate enwronmental initiatives with comprehensive air quality process in 2019 The C!y sought a kiosk olatform that wo.ild support ruined e placeniak tit initiatives including data After faun:A City Counalmernbci Lauren Kuby connected our learn evuh Arizona State University economic der:'lopment moalby tourism and connectivity IKE was chosen for its advanced software,robust ',enlists studying a co,1efa!roo between all pollution and b,rbuobs-ciolenl wit oppressive c,mtiste'Ills content,superior safety features.and ability to integrate wdh other smart technology,such as the Ciry's that bloc-.in damaging sand non lee desert.rpday.,air duality data based on screnhlic:eseorch i;a key Smart Street Lights.Dep oyment began in 1020 wt.'IDcatiO ss across Downlb.'rti Old North Sr',ou.'Grand feature displayed on all IKE kiosks nation de cenual Arts O st riot Benten Part Acede.rryiSherrnan Park and rho Central West End DOWNTOWN TEMPE AUTNORtr r CITY OF ST LOUIS Cole Bordens FIRST INSTALL.]'n_O[,a Nick De,iderr FIRST INSTALL.' 48T SOS tan YFARS AND TERN OF CONTRACT its,Sni 4e7-t YEARS AND TERM OF CONTRACT DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F CLEVELAND. Or SAN ANTONIO. TX s111 EF AA F •• G`I :3 : All— .ill' I ; d It t t Q.: .N,- _` As port of my Sole Smart CLE initiative.Me City of C/evadnd a providing air ore excited ro parmer with IKE Smart City to launch a pilot prograM Of - several new technoktgies that will help enhance the resident and visitor `tf wintive WVrroi Masks In Sonto t Antonio isat no cods to,C pty ketaxpaov The experience.The new kiosks are aw oI the tee are works to bow rat sore m a resource r netldenti rind Ws/Mti akke,providing ' rig wayAndina averts and auntie ernpa fun Mion Information,City facility ensure new investments and capital improvernenta provide opporturHNes rotations and an addition/di ovens,for Communloation with the community. tor all citizens to have greater digital access. The kiosks will also provide free WI-R and civic engagement opponunhies. FORMER NAYOR FPANa G.IACKSON N l r <t i t v tr nx I N n t La FI/L,V, 15 rL.•rYN..v r .r n January of 2019.Cleveland City Counc'I passed legislation nilowing IKE Sena t City to area re and leptace iKE Smart City eras awarded a conlraCt Dy the City of San Antono through a comnennae REP process in iO17.ice Outdated stabs rnedw kiosks with IKE and to expand Installations to new Ic,,a:-ions Working closely with the worked closely wit,.the City s Office of Innovafron and mice of Guvelnlel:t&Public Affairs bet the protect also nlonnng Cor'm:sson and Convnumcations Oepartnrems.local BIDS.arc Desbnat or Cleveland.the IKE tears required coordlnahon oath an additional set of diverse stakeholders who received an allocation of the netv.ork. began replacing static kIOsks and deploying IKE in-rev,locations in 2019.The City directs the new stream of In partnership with VIA Metropolitan Transit,IKE was installed at major transit centers to improve the rider revenue generated by IKE to their Storefront Renovation Program,which provides funds for small business experience,while a custom kiosk design paying homage to the Citys historical landmarks was created in owners to renovate retail spaces and cultivate commercial districts beyond the Downtown core. collaboration with The Office of Historic Preservation for Mission locations. CIl V OF CLEVELAND CITY OF SAN ANTONIO Sarah N.Johnson FIRST INSTALL:s ro lard Brine C.Dollard FIRST INSTALL'to is?Oda 1'nt:b1•200.C. YEARS AND TERM OF CONTRACT: f2r0,tot Year YEARS AND TERN OF CONTRACT DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F 1 1 • • RIOGELY'S /STADIUMS 9 1..c...4 f. S. it, , . . i . • li �� �� . st _ j , % ' \ .•1 1 .12.,,r, . 'k_A . -- 4 416;1111111-1"'a ' ......______ .... i bi , • • 1 II diV Ike: ' 1.1/. - ____ DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F it NW 24TH ST - U If A f 4'fr �pp�M1AMl'SMST f a i :� EPICR[37AURANT ; I a,kpSP1TAUTY • „ RECRUITMG PARTY J i �rpf ,.a \ WORK. _ I S: Iii tililltar Am: ______- 7191 f ` /' -- ter. / i.= N UMW tom► 01 Y i'I.r . - .:ir i di .- �. 4 i I } 1 "�. j - - ' , e,00 i ' I \ , ., _." -"MN; IP:- �I ` '1 Ike: 1 4 �i V V/ �:,. MIAMI.FL DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F , � of _ '• . �.� , + vim' !' `\11, CUR HIXON PARK ! I A • i t 1 ..... . � r[OgEt9 (1111.1/1' 1!....k. o , ' `� 3 TAMPA FL A! . DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F IKE Smart City is the only interactive kiosk company that employs a rull-time team of in-house subject matter experts.Our structure was developed to ensure delivery of a best-in-class technology solution with end-to-end services that is difficult to achieve using outsourced contractors and resources. PROJECT MANAGEMENT DEPLOYMENT OPERATIONS The IKE Smart City Development team is skilled at balancing the needs IKE Smart City's Deployment team includes highly skilled leaders and Project of neighborhood groups,residents,adjacent real estate owners.preservationists. Managers with a breadth of experience in civil engineering and construction. and cities. They have completed hundreds of public right-of-way installations in over a dozen cities. r5til'...g v_rth civil e _ c.. nrthn4 wp kng ar cha^^IC(Psi li5on. lit pr,.•S t;p-n-ervr nrers o` IKE kicsus - r Re ,:005 r IC for kee nrnc,the ^5k;n- •_nal PRODUCT C SOFTWARE ENGINEERING - .-i opar s _ nU I ,r • Rather than outsourcing work IKE Smart City employs a full-time.in-house Product and Software Engineering team dedicated to keeping IKE on the cutting MEDIA SALES edge of technology. IKE Smart City is supported by an 18-year-old media company with successful • , e-perren, >i„- LC ,�._ nh f clatr`o�m. operations in the largest media markets in the United States,including New York.Los Angeles.Chicago.Boston Atlanta.and Washington.D.C. • S,r -„.,�10.�' t0,oar - _ - ve 7UI��ty .r1C -xSdy w0! e5Llli1'— ...:sr-fl'xibil Ic . Prr,IL' at' -.;a - - ; 2'l n - -. . - r^(; • A^r..CSC��,-9015 f10,11 Ih_ yr Si JhCn. l)orC ,X`CK Out au, rr c :C..0 • CI`rioiny nvc Amen( r Ine,:OnhnuO.S rCOi i,C 01 the IKE I diror-.1 bases o,7..- :hdl,y IC nelive va la thr ,rnn15. Ilse kRSK enCI,;)1R() • S n irr-1F;rr.....al -r.. -,- of, "II rs^y rrs• t a•_..:; u d,i'-lar Crk Cs<_raink2e acts to=.:OSrne t.-._,I.. how only DUrOvrd .. n(( t ,er, DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F 1S. ,..e. ,,,, ,, 7 VERTICAL I.Y INTEGRATED TEAM 'NI � h (1114111 ,.,1 rl CONTENT MANAGEMENT X. We are equipped with an experienced Content Management team r i that handles the deployment of all advertising and city content. /� • Manage ''ocu".on sp cir�can .and'Teti to'"st �y ar=opt mi7ed:or oigital clis,layIAL ,,,� toContent an _ads are deployed remotely and In real time accordmr to del ailed schedules _ _ _ /4 • Al(conRmnt r gorously fek e:vt.c t__ nth t-i . -=s to in, regular - on tn,.;landrres i ✓ t pint::-c.t, , ty purtr vrs ! ,+.. \ . r r CREATIVE &MARKETING �" /rr����(if( - -H, "" IKE Smart City is fully stated with Creative professionals who specialize in DOH - media and ensure the Media Sales team has what it needs to secure contracts. - Prosic.F de ;n t appprt 'tty p r 1_delnem;q trimly ,rip m,p set al:' ton'at ,1 _ k no cost to tnt C tv ' t, `.6. s ► Sup:;o't salt:..nor t-with hryo osalny,+rid co"'Prch.;'l vt .tark trig -.tc•.dh �• nGading professional phctogr,rph E.and avid market de iptions / ', . Create spe,. ^live ;r•,.).-ta mockups to help pot.it al.'.ants c vis,r,n ho.. .'--.it / r .* '• ! - campa'gns rmcitt„oma to tit, - COMMUNITY ENGAGEMENT& ARTS PARTNERSHIPS 1 ' ' The core tenant of IKE Smart City's media platform is public benefit,and we a strive to deliver programming that contributes beyond an economic return a f IT . hot or D,r:.-for of Comnwo'ty En :,tent,Talent&Culture potkv rosy tv r'IKE Snl.I' Cup s CEO Intcrnc to-msIC Iced Irt!rota'vas • EXtensn;E , ,t',',hips w,t,'^.rt Ins,iut.ons artists.an- r'upeocer.l cmato)Ih;`lncre,,e visUdl interest dnti promote plot(,snakin0 . Eapans:on of a,t unto highly,nsiole pu'rllr Spaces In'r rut hrr,vde-and ate., t.s, ,, audrttnr'- N T DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F A.,1=' N ORLi-ANiLAf:ONifil .. PEA.E, e E 0,, P..ENT , M w.N+r 1w•e.r.n wr M+tr�.. .... DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F LIIIPIDT•4••• 111:........Z.:,..„...., ;tip ,r w..... .wad. :Sile.."."71•••-• • may.Y' �~ - I ..._�rM. 1:1a• 44 • M e. lip r:rum• (—P r yr P.., Owov 1,4,4 ra, €ci'.r AD. _ DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F ,'P[1 A(R..jNAL t_.AC.:EL LLN�; �I .�I`j �jl jC, 1�; i ,: 7s:.; • ; rvC,- We are experts at working with city partners to quickly implement a kiosk A N N A B AE R M A N network and have deployed kiosks in each of our cities within one year of Development Director securing encroachment rights. The IKE team balances the needs of residents,neighoorhood groups. . • preservationists,adjacent real estate owners,and cities.We approach tire -oroject collaooratively to ersure the co^munity recognizes the benefits of the initiative.experiences minimal disruptions,and feels excited about the addition of IKE to the city. MARISSA CRUDEIE IKE Smart City's dedicated Project Management team will serve as the Development Manage, primary points of contact for the City of Miami Beach. `•i"- - - COREY FAVOR 4, Senior Director or Community Engagement,Talent a Cu iture • Many vendors promise coilaborohon but iKC actually delivers with ettcctive G U N N A R S 4 M U E L S O N communications and project implemenrahon. Project Manager.Engineering&Construction LONNIE NOOGie OOM I RE r of n nry NiN r. • , O• OC Gt EV,-IOPN ANT n *'IN r,�Nn T7'N�MLN..C.FAE, r,s TG'♦ DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-41377-AE32-DFFF0FAD764F PROJECT MANAGEMENT TEAM RESUMES PREVIOUS WORK EXPERIENCE EDUCATION JIRRAN SNERMONAMMED DENTONS US LLP(FORMERLY MCKENNA LONG& Emory University School of Law Vice President of Development ALDRIDGE LLP) Doctor ot Low(.1 )-2015 &Corporate Counsel Land Use and Political Law r University of St.Andrews 2015 .%;) 2C17 Postg achiate Degree iii Iiitcritetiona Relations. orrice SOd 5vid Cohlact Cr,olution-2012 rnAii,ii•••Itaion Ui Dc,ont,vil, ,-110 411=a,/ IKE SMART CITY/ORANGE BARREL MEDIA Emory University Apr • SuPPY•tict,eyelop Bachelor o'Arts,Philosophy b07.oon cc.ipp,iiory r_ir) •AriJoia As vice President of Development iibran leads a team of Pelations-7011 dedicated associates tha:deliver win-win propositions for clients advertisers,and communities. ATLANTA DOWNTOWN IMPROVEMENT DISTRICT Law Clerk cicAry June 2013-A4icir.Y1 2Ur4 Ar• iri•yrit r,USED, Ot,011,11(DAACO SIMILAR PROJECTS • iLecur,d ••Purri y •ny yoririu•it,arty vial Cii • IKE Smart City Di.)ploy,a its , ow;far 0AiiEt; • tA GA • i . ion T . for, sy, . , • DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F ANA:jLMEN? 1 t,AM kLSUMES PREVIOUS WORK EXPERIENCE EDUCATION igh ANNA BAERMAN IKE SMART CITY/ORANGE BARREL MEDIA • The Ohio State University. r Development Dnector r Development Manager Fisher College of Business BdehoiUr Of Rawness AU. n. [f h l M, ...bnu. 2015 IKE SMART CITY/ORANGE BARREL MEDIA Anna IcJOS devclOpmenl r:(forts for IKE Smart Cliy and.s ., experienced'nail areas OI IKE program d&every and adept nt - • •- —• collabo,aling woh coy partne-s. ABERCROMBIE&FITCH CO. Associate Coordinator SIMILAR PROJECTS i. or 0 Iploy r.rnl; - I + Assistant Coordinator • DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F -'K Ci IPREVIOUS WORK EXPERIENCE EDUCATION Ini s MARISSA CRUDELE MANLEY DEAS&KOCHALSKI,LLC r The Ohio State University Bachcicr c'Arls,NI,tcri -A t 2I:1u Development Manager . Team Lead-Speciai Projects 1 IKE SMART CITY/ORANGE BARREL MEDIA , Marissa works with Anna Baerman:o serve as a primary point of contact for internal teams and City partners SIMILAR PROIEC`5 DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4677-AE32-DFFFOFAD764F JE- ; ANA(A.NIFNI J LAM ,REVIOUS WORK EXPERIENCE L ERIC WOODRUFF CROWN CASTLE INTERNATIONAL EDGECONNEX 11! rkiceoPerpezzosy.dmenet,;,,Operations Vice President-National Implementation • Vice President-National Program Management • IKE SMART CITY/ORANGE BARREL MEDIA As Vice President of Deployment and Operations,Eric leads A team of engineers.nstelers.and MaiDlellanCe technicons:o gC1 the IKE networks up and running smoothly. SMARTLINK • Vice President-Site Development Services EDUCATION University of Illinois-Urbana-Champaign Bacl“?ier CI A,ts Soc.,'ann lied • United States Army SIMILAR PROJECTS • Sr'.ot C,,., Puy, -• • DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F PREVIOUS WORK EXPERIENCE EDUCAIION GUNNAR SAMUELSON CONTINENTAL BUILDING COMPANY • The Ohio State University Project Monoger, t �Ic ;O E Engineering 6 Construction Project Manage • IKE SMART CITY/ORANGE BARREL MEDIA ROBERTSON CONSTRUCTION SERVICES • Project Engineer • SIMILAR PROJECTS DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID.FACD29F0-875E-4B77-AE32-DFFFOFAD764F r't< � WAN vvEr.^L'V; EAM R 'ME_`� PREVIOUS WORK EXPERIENCE EDUCATION DANIELLE WILLIAMSON WCMH-TV/NBC4 r Kenyon College Vice Pres,dent P/Soles a Senior Account Manager &:ch:-'or o'Arts °obl, !S. IKE SMART CITY/ORANGE BARREL MEDIA • 0IC As Vice President of Sales for WE Smart City.Danielle leads a team or 24 national ano reglona Sales associates to secure CBS RADIO premium advertisers and generate suoenor media revenues Account Manager SIMILAR PROJECTS DocuSign Envelope ID 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-41377-AE32-DFFFOFAD764F • ',II. • PREVIOUS WORK EXPERIENCE 1 , COREY FAVOR OHIO HEALTH RADIO ONE - Senior Curector of Community 4 Engagement,Talent.4 Culture Product Manager Digital Support Coordinator IKE SMART CITY/ORANGE BARREL MEDIA Corey leads community outreach and art curation for IKE Smart City, drawing on experience in ar.threCIK`and community engagernenf THE OHIO STATE UNIVERSITY EDUCATION Associate A,t Director of UI/Digital Design . Columbus College of Art&Design Bnchmoi or Fin,Arts lyi. )f, 2003 COMMUNITY LEADERSHIP . Columbus College of Art&Design I 3c Df SIMILAR PROJECTS Create Columbus Commission ploy erls Interactive and Graphic Designer Positions 2012- 21"S Experience Committee for Wonderball _ _ DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F PREVIOUS WORK EXPERIENCE - ES WOOSTER VIAOUEST,INC °7 Tmofc&Field Service Menoger Vocational Coordinator IKE SMART CITY/ORANGE BARREL MEDIA ANDREW MAYER, MIAMI TECHNICIAN James Wooster oversees ow localy based teChn'.c4Tn. Andrew Mayer,who has v+or ked win as for almost two year=_. NORTHBAY.LLC James oversees Ile ongoing cleaning and maintenance Of all and'rrrOSe re5 p0ns.olmltles!nCL.lde IKE networks. • Guest Services Supervisor&Family Camp Manager EDUCATION Columbia College Chicago SIMILAR PROJECTS eot',elor ct Art;.Aodlr Arts {c Sir att Cat;DCploa °.ent; I.:'Acocstics 2005 DocuSign Envelope ID.509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID FACD29F0-8758-4B77-AE32-DFFFOFAD764F . I / 1 , , . 1 I „,.. ''.., '\k . ".'•• . '44t';:''' ./ei -.. .,• . . . . , . . . . 4'Via TECHNOLOGY 6: SERVICES ,..,... pF- - ft . .. ., .....„.... „,,.... , - _...... 4. :.,..,_,...,....... ---- . ....--,.., .. . .. Nis . a. . .---- . ... ' .. - .., -IS . ? . .. , * . ‘,'1.. '' •''' 'C., . # AI ' . .. . DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B•4877-AE32-DFFFOFAD764F i -;,ail . - 11! • . (r wawa - stwr «om IKE's elevated kiosk and rnerlace designs reflect our commitment to nod , t ; � to rather than detract from the surrounding areas_.IKE Smart City takes rrf ,T A great care to deliver a kiosk experience that represents a city's brand Lar• ;'_r ) -. •, offering many customization opportunities throughout the platform. r� '- t I r1,5 I1.� Extensive work in other cities has informed our approach to design. , We build on IKE's clean canvas oy incorporating select design elements �,. 1r; inspired by an exploration of a city's defining characteristics and landscape • > 'r!�-. 4. • Keeping the aesthetics of the kiosks simple has proven to deter vandalism, `1t t i facilitate cleaning and maintenance,anc drive usage among pedestrians who �"• 'txx 4t ► •9.1A;'?' .1s., _'• are drawn to IKE's onscreen interactive content t - is •' yc,.The concepts on the following pages were created to capture the essence of Oil .40 — , Miami Beach.Final designs would be determined in collaboration with the City f .. - 14 and othe'associations identified by the City • illith •.. MIAM I B E AC H . „ . . • • :. . . .,.. .., . . _ ; ,. .- iii,,,,, 4 j : . • • • 4 't• `;-. I f.f DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29FO-875B-4B77-AE32-DFFFOFAD764F KIOSK DESIGN CONCEPT 1 INSPIRATION.ARCHITECTURE Miami Beach is renowned for its impressive collection of Art Deco buildings.Each one is uniquely its own with different forms,zig-zags,and chevrons adorning solid- BACKLIT WAVFINOING - - color backgrounds.This kiosk design uses a hard-lined geometric pattern over a soft base color to reflect the distinctive architectural style of the City's slreetscape. SOFT PAINT COLOR .• M1Mf1iBEACH .....„„......, ... .,91 1 '`1 ...."'er'1" \,, 14 . • Ig�j� , t . t f'rT IL 7;1"'- 1 fr A 1 MIAM.IBEACH CITY LOGO ART DECO I.JS O t t...;lL OLLIIiS PRR{` ' GRAPHIC PATTERN DocuSign Envelope ID.509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-41377-AE32-DFFFOFAD764F it. ....noimmr• • ...4 r____________. . Espanola Way _ .... , e H H . .... --„,,, s ,. .!_, el ' 111 • ) . 1 I 10n 0 I ,„... .:i; ', . I //a" • ., ,, ii i , 1 1 i 111 g. -i,1. - p I .• ' III ._..Oil .il l' 1-411111 1111 • '..... 1 II I, I 1:011 --__ _I . 7 • ii II el 01 Ill - I ,.II L NI .. - -I- I Ilil , . A •,/,,,, T, fi - ..,_ —_,,-=-- -==--- -- 0•r• -W.....91.----- A.,.. •:„...„...„;:,,,'...,r....ci.„........ ,..." ., • X,C,P.713••Igt --- ....... .°1.!'/1'.• •.. 1 .' / . ...' - • ..•- • .41....". " 0 - ........0,11‘..... _ •..... ,d. v4amt.?4 fir ,, . : i ill....,„ or, ,, ,.. 41.:,-;.: ,..7 ,..-- .,, -,-. •-• . eo , . 11111 ig, 1 .e.‘ ,, • , I "ow:, : ,/ 4 1 . . to. E. •.s.- 1 - 1 „.• . -t. ' _-_ • ... ' :',.•-4-I,5--. ._, r• , f, %I. • .• , •-— '.." . A t'--',. . ..,... ... , imp ' -Mk.... .. 110 • i - _ i 1. , _ _ .•, A... . t.> NO_ •`,..... •• - i.,' • :,••7 ...- 4.' . - • % IF I ,,., ,.. .4%.•, . -I: ril-...111 I,a fit, . ,. --- - t . 'N5P- ii 111 ' 11 . •C I. -,....... ..._.- ....:-_ _ .• , 1 , ........... ...,,...,, . ., _ - - .. , ii - • • ;"--"7------. -------- I -•:itr •••••allIP." '''' • ' 4' II: . . • ki, ,41.14 ,, - , -.-Zr-•°. irgillelPrggiirsa...__ . , 111.1 ........ - ••••••..................... -‘ • •.. ...• . . .,111•141.- . - - .. ..'....., ' . . WASHINOTON AVE A ESPANOLA WAY 011111111111111111111111 ': , , m.o.22141T 01,.kniMAI•E•c I..•F• • DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F KIOSK DESIGN cuNL,EPT 2 INSPIRATION:PALMS , ti Towering palm trees are a beloved hallmark of Miarm Beach.They line the streets and dot the beaches,weaving a canopy of leaves across the City.This kiosk design BACKLIT WAVFINDING takes cues from nature and uses a tonal pattern of palms over a neutral paint color ,A.N.,NSPIRED 0. to seamlessly integrate with the landscape. DESIGN APPLIOUS -.. 111111W — ^,All MI ACH • , 1 i' -; - 1,- v•'' '-• .:'' 1�• r/4 �� � - f • 1. �� • ) ♦ • I• ' •. • 'fit �it. t CITY LC '14 •I • r 1• .• ,A'\ ' • // CUSTOMIZABLE COLOR KINETIC 1• 1 LIGHTING • DocuSign Envelope ID.509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F .!1',-Ii - '..r. i* L.A., r;4‘ 0 y ` a !FI , • Lincoln Rd Mall ,t+ f It, d . :... _ /_ _ , ,111411111111 if + : ' 2 _ - feto ....... ., it. .... „. ., .., ,. . .. 7:: . ii, ;:i,.. . , , . i / 'All 1 liri 101/1- _. 4 1; it .8. } oila ..,r.� , y 4. f, • i IF .V LINCOLN ROAD MALL& VENNSVLVANIA.AYR DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F KIOSK DESIGN CONCEPT 3 1NSPIRATtON:WAVES Miami Beach is known for its soft white sands and crystal clear water.Beaches are a OCEAN DRIVE defining characteristic of the scenery and a fundamental part of an outdoor lifestyle BACKLIT WAYFINOING that draws residents and visitors to the area.This design pairs a light,clean paint color with gently curved lines that mirror the rippling of the ocean to capture the City's urban-seaside vibe. r 111/ • vt R '�� WAVE-INSPIRED ��- DESIGN APPLIQUE pp 9t CITY LOGO CUSTOMIZABLE LIGHT,CLEAN COLOR KINETIC PAINT COLOR LIGHTING :•• ike DocuSign Envelope ID. 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-87513-4877-AE32-DFFFOFAD764F , . •:• 7:414,1A. 10,. . • _ , -- • r . • < ,..? .:11 '0'.• t. . L I I. ell:;r.'' i • • ' S ' °I' 4V l'•11 . s_ v ' ..... .., .•„.r ...>,...4: ft?, • 'it ' CI! \ ' - ART DECO ..,; '- ; .- • -- -..,,i4 : .. . -. - if ,•. . , , 4 I „. I. I . I- • • 4 . A ..4• i 6fi 4*• of. , , , , ,.. ,, , . . t,. ,, . . . . •... . .,NO . .,.. .. ; _ _ w 0 "- --"- - VIII ,I . . '•lit R•' , ' ' .... , . sturg •: ft..- . , ../It Pe - .42 ihti , i - t IrrAli i i ' .,'.14...blobaiie 1, -,i • . ' - i P ./.... • , '01 • I il f•' . . „.„„,- 1/4 '. CI.I r‘i i I' ' j':ir• '1.:O.....- .. - .4 1'• - .1 1 , . • i#1-1 .. I s: • iIiii "4. . 'Nur• ii.a 111. , -'t...',,,.;:...r. I.., • - . ‘• 71 •i r,;.,•4 • ...I. • , - . ••C.. • . • 9 I' , i , . ! 1-: a„,,, ---;„•ao . ,_ .._ . . . . .....4;1.. • .., „. ... _ • ,•_ , i i .._ ..... ., ..,. ..... . . •It ' III ,,, .11 .,... -N .4.011111111.111114.1411, - • IP ir.; ak -clisi tilt' - i 1..:. ,..c.#..---N=- Air* -- - ..... -i 4.- 4 -- OCEAN DR A TOTH ST -... . ,,. . r,I, /022 r•Of SMAR"0,02.0.1 01.0/,000 VI DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F • rtOME SCR EN ,APPI.-ICAl ON DLSIGN� j' , When a pedestrian touches IKE's screen.the interactive application dashboard appears IKE ' � . i'* ``, 4 Smart City offers a choice of three application design collections Each engaging collection ` t l offers unique opportunities to customize Me look and feel of IKE's ,cme sueen-This flex.ble a ✓ approach allows our city partners to choose me design style that works best for their kiosk - imt!ative and brand Customization opportunities differ by collection but include a re' • Ac rnt Nor 1:2 filiih ".r _ i . Sei,rt u%nl lion' e -n — • [r,1= -�rr;..v Of'C^tsnogo a ' .s� • _ocai rv0Jrl' "Ic t'na r � / ' , i, r I ,, DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B 4B77-AE32-DFFFOFAD764F i-'OM�T SCRLF N aPPL CATION DESIGNS COLLECTION 1 Clean and slightly transparent app tiles layered over a colorful stylized backdrop inspired by City surroundings to bring the screen to life in a unique,modern and "" unexpected way. MIAMIBEACH '•(itklr.nle; you ••0 SARI ,MIAMI�:�t'i LOCAL TIME • `• 1, LOCAL WEATHER �Rnist�i , PERSONALIZED I GREETING 1 S • 101 9i w •ITT•ORINR GET AMINO RtA[Ntt• - _ ' MIAMI BEACH TYU BRAND FONT cisk n s . . oisi . i ARTS-CULTURE SHOT TRH SNIINI BEACH-INSPIRED BACKDROP rel // IA MOM tIlIOBOIbOIN j DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0.875B-4B77-AE32-DFFFOFAD764F HOME SCRLLN APPLICATION DESIGNS it. COLLECTION 2 Sophisticated but playful iconography created with a customizable color palette and --.- integrated City brand cues are grounded in a clean,neutral background that showcases the eye-catching app tiles - • CUSTOMIZED COLOR PALETTE MIAMI BEACH I I £ Conker 17d' LOCAL TIME LOCAL WEATNEP. T . .OFAL.t' •1 PERSONALIZED • GREETING • i®► 416 1 • le IF I alI I CUSTOM ICONS A` MIAMI BEACH ao/ to �I BRAND FONT ... w/ Ohl gift CUSTOM ICON µ+"'•+• tir. n N.A. ..t.+ • y s Ian tit •, Ili 110..1 A Di ter e ,,,,,,-4 § DocuSign Envelope ID: 509B1 CE8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F HOME SCREEN &PPLICATION DESIGNS COLLECTION 3 This suite of application tiles is designed in a City-specific signature style and ' MON includes select"Easter Egg",cons inspired by local landmarks and destinations woven throughout the collection. ART DECO-INSPIRED DESIGN MIAMIBEACH "lie('•rne; t>7nu y ni cmn.nh t7'«U:+M1.Mr 1•T2 Yn GOOD MORNING.MIAMI BEACH LOCAL TIME .JCAI WEATHER PERSONALIZED GREETING 5000 MCPM4O..W AA,!EO+ 1(01 I J ART DECO I.. 1 rW 1+1 1 WELCOME CENTER al • rYl•Y•rurr r•� rr YM1-0•14111 A I • Aft 11-- M14MI BEACH TROLLEY .w RIr N4110.• u.•o.. MIAMI BEACH BRAND FONT FAIRWIND HOTEL DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB OocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F ' I THE SHOPS AT MIDTOWN MI AMI :i.L �. �_ ` ' .,)E l•.,i ::;i RA`i Dfv „.r I 1 WYNWOOD 0 The IKE Smart City team would be honored to host the City i a, •� WYHWOOO WAILS Manager,Mayor,City Councilmembers,andior City staff for r ' 1 4 j • a demonstration of IKE's functionality.We have over 30live — COLA PLANT TRES ART kiosks in Miami and Coral Gables,as shown on the maps on this � � page.With fully functional kiosks dispersed throughout Downtown 7r Miami,Overtown,Wynwood,Brickell,Coconut Grove,and Coral Gables,we can have one of our Project Team Leads meet a!a convenient kiosk location for a live demonstration. EMBRACED BY THE COMMUNITY — TOWN SOUAQE , The IKE model proposed for the City of Miami Beach iv the same Click to ream,how IKE's supporting Miami Lemrm,,t es. ErR`K` `AL as the model that is installeo in Miami,however,the paint color. w 0H,t,A,KRAG cabinet branding,and on-screen content would d;ttei OVERTOWN CORAL GABLES t't PEREZ ART MUSE MUSEUM • t t tt 0 tFX ARENA CORAL GABLES RENAISSANCE PONCE CIRCLE PARK AT THE GABLES DOWNTOWN MIAMI CLUB OF KNIGHTS HISTORYMIAMI MUSEUM BAYFRONT Pt 0 t MAYOR FRANCIS SUAREZ EP SOU,I4EAST G LES t SHOPS AT MERCK PARK 0 RI COCONUT ttt t, GROVE BRICKELL BRICKELL ary CENTRE W ,'`y tt f KROMA GALLERY uM uNORM1EAN Al DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F so ski^ fi;* cL?$e : • • .�,..6'. / 5jI1 . ' ..-. f ir,e.•' '- Tit! tr m- } Ikr 4• ' f BRICI<ELLAVE A yj ��',f{•i. ' 1r4 .1- • ..;..• '4i." • , 2.4.14. Ifit '••1 i•. • - ....- -..„.. r - , ti-1-14 ...., • —i . .., dr . ODA - _ Ice MOP e do •, Ft DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F IUSK HARDWARE DESCRIPTION IKE Smart City invests heavily in IKE s design.engineering.and PHYSICAL • Size.IN x W x D)99.5"x 37.5 x 12.5- manufacturing to deliver a superior product that sets us apart • Weght:832 lbs • Required sidewalk area 74"x 75 `rpm the competition IKE is iabntated with premium hardware • 74'x 36"level area on both sides of the t,osk is provided in compliance with to ensure performance sec longevity in all conditions building codes CONTINUOUS INNOVATIONS POWER SOURCE • 20A a i230 IS4.a,4Ji" • Mb, .tuyver coriatti.pt n U20Va Ongoing investment to opt side the IKE has resulted in recent • co Iris t ,o:-rust s 'ictctcc unmet( • utility soh cos irracd ter I improvements �od�� tin,. e the s deaialk • Evt,i_alee to UL Saiely Slanoards bn a Naticna R co;ii.ed Toshng_aooi iiory,NR'L, II,Slrn:r . _ ,rid nivesal •L.._tn_ tiexit-d,tv .. TOUCHSCREEN DISPLAYS • Screen size.65" • Viewing angie(H a V)178"x 178' • Inncvarn-e,vr,,,'nt al oolitic • Screen type:IPS LCD • Direct LED backlit • Resolution.1920 x 1080 • Brightness 4000 nits.auto-adjusted by ambient • Sid e- -the-drt i?-.ate :0'f0 of bee-tiro or eleClr.,. I • Aspect ratio-16:9 light sensors -unponerlt.;lc:n•to sc ..• •os, for mdr'iotuai Kwsks • Act ve,wage area•562'x 316' • Supports polarized sunglasses olds _,, bascuw' CU,lC' NIERNET CONNECTIV,TY • Nnuless 1.°'es5'c..1 tor'reepun'-W-I- lith;<1,rtu 7'- ry- :-kgl,,l vnl•.ou;n-.Iu i ca,erv:nit. • Hotspol within a 75•aous • Connects,In eon Ce, by mOb!ie node ' LIE'4cvanced wi:'Silt ascot auto cam he BUILT TO LAST • Foci optics p0ssrtie,ul Oi rec,nrr•d t .,: sof:.'lb shine it cs STANDARD/OPTIONAL • Standard confguralton:Two ntegratec video cameras for novelty use In • r'N:sta d ;v �:r•alh.- cnc�t c: _ CAMERAS Photo Booth appkcat on • • Ooniona technology.One emergency call camera and two security cameras with a DVR recording system OPIIONAI EMERGENCY • L b;rloewil"Err 'Peg 7t_o,:M ',cc on rc:lil 10 Vaal • N,nrri,-m Ionri n[i 1 Yc,i CALL SYSTEM emergency auttee;les re e•clets_d •• �. �.. !iJ en kui�._ _� 4 .-i_ lc-catS'd:cO-mr. xeveies t5e N.Oic;Jili c-, .\•. 'h. nI, ai_s- r.,.rid^g•; ,one s... , in�;iie�,, .s ADA COMPLIANCE • Minimum touchsc,een height(ADA enabled)>15 inches • Maximum tcuchscreen height(ADA enabled)=48 inches • Side ream maximum(te footing-tos[reen distance)-10 inches tdcJulat km, rielace,l Is re U • Leading edge of protrusion less than 27 inches repf:;';! -,r'e k::i_L DocuSign Envelope ID.509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4B77-AE32-DFFFOFAD764F _ilk -lit I'S - _ IKE has been designed and manufactured to withstand even the most extreme •a, M N r�I' J, u weather conditions.From triple-digit heat in Tempe and hurricanes in Miami to " . rreezing conditions in Cleveland,IKE has been designed and manufactured to 1 ri.; operate In all climates 1 T • , w ., • . r..,Ii)try- 'dtr f C. _�. 1C I2.: r u,' c ,95`,h:. ' qy .r -.4 �.V s _ , I�,I;1.:1 .if; I=1'.1l7 In 0 i'.' ,'1 1/c � i - • R 12r =.r,.-ra ul l'.. -rp ......i,rr �' :I . ., 'I U'•vatic it : • TEMPE,AZ .J '+� f `, Tempe is one of the most extreme climates in the country.with average high '*• ' t . VII E temperatures of Over 100`F In summer months and dust that blows in from the �- � j desert.Launched in 2020,Tempe IKE network has proven to thrive in even these I . ' (I' ` + eawwro :::o::itons + o ` IKE Smart City has delivered operational excellence since launching In Miami and - Coral Gables.cities that experience high temperatures and humidity,as well as a - *"" . -- �� susceptibility to annual hurt canes and other extreme tropical storms. oa ` - .41jaw. -17-. -- .ii,Aw . . l01]nE WWI OT't...WI Um,Rio y DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F OPERATIONS :x MAIN I ENANCE Keeping the IKE network in exceptional working order at all times is our priority.Not only does the appearance and operation of the kiosks represent the City of Miami Beach, but they are also key factors in community acceptance and our ability to secure advertising sales.IKE Smart City utilizes robust tools.follows clear operational processes,and employs a skilled team of remote anc In-market resource,that we hold to the highest standaids We a e imrnediately notfied of any issues through our remote-monitoring system,onsite team,or 24/71-800 number While unlikely, n the event of an interruption in service,the City will be immediately notified by she IKE Protect Team Lead 7EGULAI7 MAINTENANCE REMOI E MONtIORING In-Market Field Technicians IKE Software team Frequency-5 days per week, I weekend day Frequency-24/7 Outages . 1,h usicn de:ec • - • - )o •-:q • '-oab-r ^p:)ti.q :o. . Sall•.:are a i ixyr., -. near'' _._ ONSITE COMPONENT REPAIRS AND SOFTWARE SUPPOPT Regional Technical Supervisor Frequency-Initiated within 24 hours of notification DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F To provide additional support to our dedicated In-Market Field Technician during Art Basel.IKE Smart City's Regional Technical Supervisor and Director of Operations will _ '' , be in Miami Beach beginning one week prior to the event through 48 hours after the �- - j• j . v. '- . event.During this time period,the following will occur: ' - .n� anfc arr� rnchoralr; ,ec„ - t. 11 id s ) 'f • NW 24TH ST 3 C 4 J n.-,.„..,.,.,11N, In addition to our 1-800 dumber.the Regional Technical Supervisor and Director of �.- - ` M I A H fI ' S ''b law. .r .-` .* i.' } =;yi F1.A65C,P _ 1 Operations will provide their direct contact information to the City and other key •• ARrpouse J t stakeholders. '1• •'• '' . .- -4$k'..-..:.-'.1 Z1, '` p.....1* IKE Smart City will follow these same protocols during future events of similar scale. ,Ir r y h�,_ - ' ••h i 1 Ma - - •-- r ' J7 7, Iw r.IL . 4.. 1......,LigF,.e. ,-_,--------; .\N _.,.. Itiii — ' i It . . Ike- DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID FACD29F0-875B-4B77-AE32-DFFFOFAD764F reA +44': • ' r • Y DocuSign Envelope ID 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID'FACD29F0-87513-4B77-AE32-DFFFOFAD764F • ' 'pl. V " III • 41111111111114s..... tivel ST AVE 1 IKE is a well.protectecl platform that has never experienced a data breach In addition to 4 I0UCI4 SUN.,.. protective hardware components ow n Software Engineering team uses the Center for . Internet Security's Top 20 Controls'as guloance for our security hame.vork , . ... , WELCOME TO . HARDWARE • ., ,-'' , t,t tc'-I..II I,"In rt e'',1,',E,r,,ur., le 'r,'1,- ',-'0 1, S' D I ik , -i,-- , - r,--,,, owl' 11111t '',, 1r ,-,-, ,,,er, ,,•re t,l,t 0 1,',.7,r.tr I e a ..a.,- ,,,,IKE 0( ': lr rIr tre,, r- .r,- ollvoi •II' SOFTWARE ... ...' AI& ..... ' ." , 4(,,,, AvV... ',, IIP 5. _ ..... C C-$111 ._ •• .-- .,91 i InV"IDDA. Pf 40 7- _ „.-- CIAMIDDA , ..,.. -. •0 ' 1 :at-, it: •A;:".'V.' Ike / MIAMI,FL ion ME WM,OM NNW 111EKH OOP ICS DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F .ANIL) HLNLi- IKE's features and:..mctionality cn dual-sided toucnscreens will provide an effective two-way communication platform that enables the City to continue improving the lives of Miami Beach s residents and visitors. O ESSENTIAL& EMERGENCY COMMUNICATIONS CITY S COMMUNITY CONTENT IKE is a highly visible medium for delivering important information and 41111 IKE's interface provides space for cities.BIDs.and DMOs to deploy coordinated messages from multiple City departments custom promotional content. ▪ c,•;the br: tOC- of c, iessi;qcs JiTA. ASLS C C;!, .71 - (-,11 Le • Coo cf 1-,anals in.11,-00 Icy • Automr,,,,my nkty: r oot.a ;ft on,0otc!AMt3EP Airtitf, cloc,cated to life City at lc At • .latfornI,Or putoo, soi-to,aC ann0a. 'CDC CIOSUICS cira • air KU it0rrr AC cclicc lea.71apitcnF:fice :otter,-c TI111. • Optiof orner(1,?,C,, .?111 tO • ACCESSIBILITY ECONOMIC DEVELOPMENT IKE is an inclusive platform that is 100%ADA compliant are provides The IKE platform promotes area businesses at absolutely(10 cost additional accessibility with the touch of a button on the home screen to business owners. • tool 0,5 • ntcf.t-! cry y ;77 ve !-) ▪ H.Cli,• 01,1i as:c-cd( ar,:Ia.. text a = 1,10, ,'se y1Irl[1:-G Clv, fc,0' fle, • P:: dlv! Jaocts U5Ola to r,-,0'.)11,:ktr exper • ikE atiifft-,-,a, o,' tpra-cinkt, 3ccoo-,no to a the k o,k ,rc HI, :le is,),1 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F AT UI<�•1 F-FAIURES AHD BELIE TS 9 WAYFINDING sib, DATA 8 ANALYTICS IKE's robust transit aria trip-planning features provide information IKE delivers valuable data and analytics so cities can better understand about different modes of transportation available to pedestrians. pedestrian traffic and kiosk engagement ▪ Inc udes:-,�ilmi0,i !pettI c tali.it tOCdticiis . a{�{nn 1.^-sta_ Agq �4.de�-sir a ons ini.-d lose scd�77. !Imo pit arrertc ctepa;'.,ray.anc aher -h.lr acc^c'-,b l tq Coll s padestiian siiiimt. nr._ iiquilcatsrl and stst.isee apes • Tr,:-o,-onnc nGe en Pt- -mitomi-tdm on,'A 7ci,- B • CrC ica ,.PIE -uc. ,li . -- -- - cl VS es'- ibneow='s • Pe'l-true aerie teen rrom Trees cmais Lanspor'dlioi. Ophone.n(edurg fir.is.and last-r ilr .of,tio,.s � { AIR QUALITY IKE supports environmental intvatives with sophisticated air quality monitoring. PUBLIC SURVEYING IKE provides municipalities with a simple and effective way to solicit m.--: n en• feedback from residents and visitors. • Ace.or ,eat-tin'= of c_.sooer a.• ItollM_,.•Is oo•,••r to sties�- Surve,Say=-pphCatio i C clZd,' i to its: C.is r-.:cis of I.:Il-ps Irvel r:,a:uhon • Citizens pet a If...I[fortt ;h,r,.„-NOnS • Al ,I01 EC[e 7_,.e n IKr;CU `nr,i stOr, _ I cs min trnCk,ng of Climate Iituic tor'- • Rea'b.m, r'-eiu 2-sin"( :n I'✓,E-,CMS Q� MOBILE B WEB EXTENSIONS ® SYSTEMS INTEGRATION 17 IKE is compatible with smartphones,and users can send kiosk IKE seamlessly integrates with City systems and content management content to their mobile device for a seamless experience on the go. platforms to receive and distribute data. • Appbcoti1•..3 mite in ier;r., _t ti C.-c r i-rr and CCP i ods -eat,- - Trans( 1; tna„p nq era de rt • A multi-ter„vit CMS .con-it uploa.I_and manual I..out,it:r-n•drr` step oasagatioo • Ahfi- to sent URI •ochrionai inf-tmat-on eiol),ICc .ici.sa e and p.nthays DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F .1.PASSIVE MODE + The cost Of the iKE program both mrtia,capital and ongoing expenses.is borne entirely 1 Ja by IKE and is recouped by paid advertising revenues.In addition to paid advertising,IKE I also displays City,community,and interactive content at no cost to the City. - -.�Q , P• _ f The kiosks are placed in highly visible intersections with frequent pedestrian activity i ; �..{yy'i.1;� to ensure maximum impact for advertisers and tie highest level of kiosk usage. "PAW _ �t !�T" r• z'N �Ili Accordingly.IKE has two modes of operation-passive and engaged. r 'imi.= - PASSIVE MODE to :i /ii This is the default mode of operation.When a pedestrian is not engaging with IKE,Mc • ��entire screen is occupleo by a 9-16 portrait:ayout showing a loop of City,community. - .. art.and commercial messaging. ENGAGED MODE --U When a oedestrian touches IKE's screen,the content loop resizes to a 16'9 landscape _layout and the interactive application dashboard is displayed. !' '-=AGED MODE •'TENT SIZE 18'NX3*.41% • 11 } NM]arN Sf -► _mot 1 {fea i = O . o. rozi iww+i el= << DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F ENGAGING USER EXtERIENCE With constant access to touchscreen technology,users'expectations of digital technology are high.For this reason,we began development of IKE with a foundational belief that the user experience must be as polished and intuitive as that of an'Phone or Android device.IKE is immediately familiar to any user of a smartphone.Simple touch gestures activate the system and provide everything a user needs,all in one curated place.We have invested MIAM'BEACH more than five years in the development of our software,wh ch provides our ORGANIZED Partners with a product that's instinctive,smart,and engaging. RELEVANT 4 INTUITIVE • 0 . CURATED ' ar/ lb RESPONSIVE ES' .M+ w 10.10 KAKI KAUFFMAN.CrA INTEGRATED .Rt, I VICE>.:S.fF-+.' C EE"rip` JN E%3EiIEN.F. elm EXPERIENCE 01-.16US CUSTOMIZED DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4677-AE32-DFFFOFAD764F ,Lf-<XALfIVE= SU! �E OF APPLICATIONS The interactive kiosk experience starts with an easy-to-use application dashboare on IKE's home screen.The engaging suite of applications has been thoughtfully designed to equip each user with all the toots they need to explore,discover,and navigate the City. itsomo mow ire Ilk [14• at gip EAT.DRINK EVENTS PHOTO BOOTH GET AROUND EXPLORE JOB BOARD BEACHES•PARKS SOCIAL SERVICES Gives plenty or Highlights everything Lets pedestrians Provides mulUmodal Allows a user to Provides COmmunties He ps peop'e enjoy Improves access to options for hungry and going on in the City take fun settles and wayfinding,trip search IKE's content with easy access to the sunshine at support services and thirsty residents and with up-to-dale even', send the pies to their planning,and real-lime using keywords for a local job listings and outdoor destinations resources for visitors to satisfy their listings and integrated smartphone public transit list of relevant results. employment around the City. COmmuri tes and cravings wayfmdrng. information. opportunities citizens in need. ill' 1111,/ eli Ali .Ill it 4 H04 a ARTS•CULTURE ACTIVITIES SAFE SHELTER CIVIC RESOURCES SURVEY SAYS STAY ARCADE SHOP Showcases cultural Highlights things to Directs those without Makes it easy to gel Collects citizen Lists a wide variety Entertains and Entices shoppers to destinations and do in the City across homes or a safe place important things done feedback on questions of overnight engages pedestrians spend at local iota,l activities for those a wide range of to stay to facilities with listings of c•eated by the City accommodations. with a fun and easy- destinations. looking to experience interests offering beds and municipal buildings to-use video game the creative arts other services and services. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4877-AE32-DFFFOFAD764F D' EC I ORI' APPL ICA', IONS Ten of IKE's dashboard applications function as interactive directory listings that promote area businesses,organizations,and destinations free of charge Each kiosk is programmed with geographic coordinates that automatically populate Directory applications with businesses situated within a customizable radius of the kiosk location.While Directory applications share the same framework,each one provides unique content and information.The data sources fbi Directory listings are continuously updated,ensuring that data is always up-to-date and remitting limited manual ertry by IKE Smart City or the City. t 0 1 111, IPI)/ ■ MI ACTIVITIES EAT i DRINK SOCIAL SERVICES CIVIC RESOURCES SHOP Examples:Water Sports, Examples.Restaurants, Examples.Food Support. Examples.Court Houses Examples.Clothing Golfing.Tours.Bike Rentals. Cafes.Coffeehouses, Addiction Resources, Municipal Services and Boutiques.Specialty Stores. Zoos.Amusement Parks Gastropubs.Bars,Nightlife Family Services,Health Offices,Libraries,Police Grocery,Drug Stores,Retail Clinics,Charitable and Fire Stations,Hospitals Centers,Malls Organizations ..± 1 - in- Li . ARTS*CULTURE BEACHES+PARKS STAY SAFE SHELTER JOB BOARD Examples'Museums, Examples:Public Examples.Hotels.Motels. Examples:Homeless Exomples.Loca, Galleries.Public Art. Beaches,Gardens,Parks. Bed&Breakfasts,Rentals Shelters,Temporary Employment Opportunities, Architecture,Cinemas, Playgrounds,Boardwalks. Housing.Hygiene Facilities Temp Work Resources Performance Venues and Dog Parks Theaters DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F SERVING ALl i0MVIuNi 'E`> Several Directory applications in the suite were created to Improve widespread access to critical resources and services across all communities.IKE's placement in:;e pubic right-of-way ens.•es those without technology can benefit from the content.anc because the kiosks function as free Wi-Fi hotspots.they also further connectivity throughout the City. SOCIAL SERVICES APPLICATION 111111 Complementing existing City resources,this application provides easy access to information on food banks. Nike tree health clinics.veteran services.charitable organizations.family services,financial aid,nddrctrOn and recovery resources,mental health assistance.and more. SOCIAL SERVICES SAFE SHELTER APPLICATION This application assists people who are experiencing homelessness,runaways,battered women,and others looking for a safe place to stay._istings of nearby shelters and temporary housing include descriptions,types (e.g..women only families.men only etc.) locabo'-s,and wayfinding SAFE SHELTER JOB BOARD APPLICATION r^1 Finding a lob can be difficult for those without connectivity.This application is automatically populated via real-time feeds from multiple local resources.Jobs are geolocated and can be filtered by category and type. �—� Listings include descriptions and detailed information on how to apply. JOB BOARD CIVIC RESOURCES APPLICATION C vic resources serve the public,and this application makes it easy for residents and vis tors to find them. Listings include government buildings,municipal departments and services.311 information.utility providers. police stations.fire stations.vaccination centers.evacuation assistance,and more CIVIC RESOURCES DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4B77-AE32-DFFFOFAD764F -,IRECTOR'' /APPL:CAI tO: USER EX=ERIENr1L APPLICATION DASHBOARD SCROLLABLE DIRECTORY LISTINGS DETAILED DIRECTORY CARDS While Directory apptrcaations share the sante framework. Eaacn Directory listing previews the business or destination A U'.recl0'y card Contains comprehensive inlorntatrOn to each one provides ungue Content When a user opens and,ncr-des a v s.ta cue to open the listing for more held a user earn Tote about the, selection Once the Card an application.they are presented with a scrollable list of intormaton When the user taps or a listing.a Director, is closed,the Directory°stings reappear so the user can businesses arranged by proximity-o the kiosk card appears on screen continue to brocrse tie ishngs. KEYWORD SEARCH SEARCH BY CATEGORY PHOTOS RATING I PRICING ID- I I Y rdf Southern Table and Ili.00111111111111111111111111111L.........._ i .111.7"m"P41 - . I S .ir r wa rrr SEND • '•' -,—' fller�ReeWYfintS ` C .� 1 ' PLACE DETAILS -- Cakliea by Divine NlYM each .,.r r TO MOBILE I•i DEVICE /1 11 s HOURS OF �� � � � L V OPERATION W 711111 +N Southern TAeN drM BY e ',we* r.Ir SEND DIRECTIONS ... TO MOBILE - DEVICE �:. liaGrar RawY,t BY } REVIEWS ww `NAM..YI okrenr ,. /� ' i` DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F AI UI-e._D In contrast to static wayfind no kiosks,IKc offers several unloue ways a user can interact vat"'directory fstings These features help to create a more enjoyable and customized user experience. FILTERS BADGES FEATURED LISTS il.ers allow a tser to refine De ectory listings based on Badges are a grew:way to dearly places that are Featured Lists can be customited ay the City to showcase- dpeofir•-•terests and needs.Ear instance.fate..inctuue sponsored.supported.or otherwise showcased curated subsets of businesses and destinations.Up to six cuisine ratings,price hours merchaedrse type and by a particular group or organization For example, unique Featured Lists can be added and.when one is selected. distance from krOse.Filters can also be customized by the a branded badge might be added t0 restaurants .1 drop-down drawer will display the curated listings City to highlight a curated fist or businesses featured in Eater Caroni FEATURED LIST BUTTONS Fitters 1 _4 • ta„..bE Nearby Rnuw ants ..._ _... ... .... ..... w Pyle.by eMM WIN Iamb Nearby Restaurants �.. owre..by Divine Mint loath . 111113i _ Y>m+re to-Ahem Yak lent tat -�..._.... •r. ....�... Ynabll iwMr.table and es - e uuru R«4vam es •••••• y .�•_ Ivy. YaA Mary..�..�- •.��„ ...�.--r wYob Maw. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F CU5 1.1i'vIl ,vbLL r-L, ; .frlLi) LISTS SHOWCASING THE MIAMI DESIGN PRESERVATION LEAGUE Creating Featured t.sts that encourage cultural engagement would further the MDPL's etlorts.o preserve and protect the historical and architectural integrity of the Miami Beach Architectural Historic District. 4 DESA� CURATED LIST BUTTONS REVEALS PREVIEW EXPANDS LISTIN IT _ DRAWERi. -._. ,� (� J" , • . 6; /Iw.MWn�. r•rrN GIMiM Anchor, .... ► I a, Cli II ,Bro011.• �rd.11r.sRbf�nly iil S .. iiial Wan,CR,SOW �MMM.•••YY.1 ,.r r,wr..MN riI.. , ► f al Y.Y MwOw ' M . P ql a far a.- DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8756-4B77-AE32-DFFFOFAD764F HRH: OR(. Addresses.directions,and other wayfirdrlg information ca-be easily transferred from the Get Around application and Directory Cards via mobile handoff When a phone number Is entered.IKE immediately sends a text Ink that.when received and clicked.launches a user's mobile browser or mapping application and allows for uninterrupted navigation to a selected destination.IKE does not store phone numbers and Wif,not sell or distribute the anonymized user data. DIRECTORY CARD DIALPAO OR CODE DRAWER ACTIVATED MOBILE DEVICE Ya,rdbkd Southern Table and tin �• • '+.N AN•YM q.A� l a r'.w g SEND BUSINESS .� DE iA�ES r• ,pFrw.An 'W,r^• fo MOBILE a-... �•• PHONE ��•w,�'1 MY*Ilid NK WI\L SENO e i OPEN DIRECTIONS (] J D'RECTiONS TO MOBILE • ♦ • L U N A SER'S P"' X �• R FERAFD B s (1�. HARPING ®es APPIICAtiON • 1 • nW� ENTER PHONE NUMBER OR SCAN A OR CODE TO TRANSFER KIOSK CONtENT TO MOBNE DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4677-AE32-DFFFOFAD764F J/AYFINID NG IKE's Get Around application is a central hub o1 weyfind,ng.mapping,and comprehensive multimodal trip planning tools at a use's fingertips IKE Smart City has partnered with Transit,a leader in the aggregation of real-tune transit information,sharing in the common goal of making it as easy as possible to ride public transit.The functionality in this application Is custonnzuble to suit the needs and preferences of the use' made specific to City public transit offerings.like nuu.trolley.and red as well as of lei options like Co Bike cocks,taxi.and ride hails such as Freebee,Uber,and Lyft IKE can hand MI trip information to a mobile device using S VIS or OR codes so tuners can continue to their destination using their mobile mapping application PLAN A TRIP SET TRIP PREFERENCES STEP-BY-STEP NAVIGATION You decide whe+e to go—real-time data of all transit Select p ele-nInes to customize your experience and After se!echng your preler'ed cute.get step-by-step near the alosk will help ensure accurate trip planning ,each your Destrahon In the ray hats best to you directions to your,elected destina'ion to your des'inalron. BUS MULTIMODPI REAL rIMF DEPARTVREs. SEND TO MOBILE DEVICE STATIONS TRANSPOP.TArrON DELAYS,AMP SERVICE ALERTS OPTIONS =111 TROLLEY STOPS ° tMYNm MSNYsrrl yeapyy srparwp BIKE PARKING rrF LOCATIONS • • a ® . ,Op s ' INN I SCOOTER LOCATIONS G O _ .Ir.rs+e. r-rr.r • MUM rr 1134, _ ' ° �C" Wills A. �; t11.11111.1111.111111. - OEM �. 11.111.111.11111.1.11 ^__! ° DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F :'ROiMOl iyJC t_,_)'-/ i. Evti NTS Miami Beach is a vibrant and culturally diverse community with new and unique things to do every day of tic week. The Events application helps users discover everythi g that's happening in the City today.tomorrow and all year long. EVENT LIsTINGs EVENT DESCRIPTIL,, AND DETAILS r®1alY etf ael O n AdroWYn LMtlf Henna Cult Wtllinp Fool Food Two farN.From. lt j II .- "..Wfy goof ftod Tow r•a..do... 4i III Noel Moat ihil III NoMon flip O B SWM� Y, t ir nln� W1r▪ IWFlp.AT ` .�.1 I ,� SWWFf111/1 7 we etltia.f NM moon GIIyE/Om oigp 16 c..neoP.+lq Ifas'0 • 111 „f.lnss med..... ..�:I WV;N1.Xd p1t.. WMkW W F11f T1v O —®.w..w e 111 I MOBILE EXTENSION I SEND TO MOBILE DEVICE DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F ;(v1 E5 IKE's Survey Says appi cation is a s.,pie and efficient way for the City to solicit feedback frca"the public The Arcade application creates another point of engagement a allows citizens to share their opinions with City leadership,and results in data are readily available for for pedesti ans Offer ng a gaming experience adds hi-to city the City to review.Questions can be updated as often as the City desires. sidewalks and drives interaction with the kiosks What Is your favorite activity In What Is your favorite activity In Miami Beach during the summer? Miami Beach during the summer? d�,;:.� Yuma.. r, er.u.t DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F EXAMPLE FRAMES ._1 r 3;RANUE L ci '=1_ -, • . Through r,combination of simple touch gestures,petlesu inns can tare a sellie using IKE's Photo Boot A application and have the photo sent to t•eir mobile device Stickers.filter,,and five cry-specific Games add �/, '�,� to the fun experience The City will be given the exclusive ights to the`frames'feature for custom branded Y�i (resigns that can be changed as frequently as the City desires. A v I 116 11Pt _, i li: FILTERS STICKER EXAMPLES Filters f / iiii 40 it 001• L m� r i t ki JV O �d • -.. U ,. NO r , ..� a sIF 0 V V .....- ! AIL Or0 I d _ . 1. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-87513-4B77-AE32-DFFFOFAD764F ,,USJOMIZiliii_L Li I y r-)0S 1 F ib`_, The Poster application provides the City with dedicated and highly visible space for custom messaging on IKE's 111 home screen.The application can be used to support the Citv s objectives including but nut'limded to promoting I+. fl RT DECO initiatives,events,and public announcements. WIiICIRG LOUR r rit;'1-- us.. -p the Posters np ,n .14,1 . - h St10 tl as c t.l;). ove ti 14. 1f� r Tn jai ly: .be Posters nl, •, _ __ ro -.sr of n -) i.c- ,ns `me MIAMIBEACH MIAMIBEACH -.=� M. c.;shboalcIIII .r. 0 �1)C�f--nnrC, �Otr (nJe(t>'nre; pa E iii Th- ,pohcaron acicots nab.-.Oroph,'. el OR r 1 •MgtfOURS rill.. • atlu, 1, flRT DECO iMiliiiiiiiiiiiiiii _rOD ,„. : Sw T u,., 1f0/ D', UI' ,I' �M -__- 'l F r.-OE L _,e'I. ontf.I,' i:,I, + •-� MI 0�� MOBILE ENTENSION iC,.'.,1 d,D Conti ht,in;.. r� vT�we. L FEATURE nl ,andle ut ocnratlon {�J Q at ilk 1 I. - b.-r.a R Poste,s rcn be replOCen with" `onten;•no free'.Iently r+;the'..'"�y:I.: - i t'-t al r t DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F E MIA L;auNCr I PROM01 The IKE team partnered with the Wynwood Business Improvement District on the development of a \N in the launch promotion that used the kiosk platform to support wee businesses and organizations in EXPLORE the Wynwood Arts District In c w collaboration with loco.mercaants, e created custom Poster applications wth integrated OR codes for display on IKE's dashboard.When scanned by a kiosk user.the OR codes provided access to exclusive discounts during the promotional period W Y N W O O D • r tit F.ptor.Wynwood •K o 1114111411111111114I WMNWOOD - wtish MANNY GON2ALE2 A 'Head APPLICATION TILE DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F -• r r. t .� I'O ER EXAM!)L . ..tJKH!_ i.�/A,LLt _ ,r r I 4111 ,rr Coral Gables is tilled with unique public art for residents and visitors to cnloy. -q. ,'C`. Each year.a new piece of art is unveiled and added to the streetscape through 111 >. an Art Basel sanctioned event.The IKE team worked with the Cityof Coral � � I il ,r Gables to develop and promote a public art walking tour using IKE's Poster , • : 4 • . - ••� R• R application.Several versions of the Poster were created so that each kiosk could ,,,,,,, �e!• • 3 �_ • r display a custom map and showcase the art pieces closest to that location. mmu�� . ' p el .- ilb MOBILE EXTENSION FEATURE A USERS TO TAKE THE POSTERSS WITH THEM - - �_.r..• - m .. .. r =�1� .! ...�. ril t II !IP,.., 'PA.. .. • . Ikill AU ''II II A c :.f,I1 t •• ��r. �,� .. •Y ,\`ill s- ' '' 41:1011," _ . r=r. ........_ ____ gli.,. . 1 It MI:7-.... — - . —. • •..1 / ... . . . APPLICATION TILE �...,.� gil` ga� P. POSTER MIMIi DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F VISUAL SUPPORT TOOLS '\CL-!-_SSIBIL: : rrrr..-:ON F.. - .-,or: -aa<ais. - •�. S. IKE is an inclusive platform that was designeo to serve the needs of all RD . Default Interim. Mahcent....rr.e citizens.The kiosks vie 100%ADA compliant and have been reviewed by an accessibility specialist to ensure compliance Wit.federally mandated `6 • •• requirements.Specifically.IKE meets Af°I"•"' •^�!'r "��p` �'~ r' AC A.,:., P , .nor hilt 1 ", .._ ._� CU LTU R E Slcl"rev ,.:an4 11 3 0- oh S �rE��r2 ,4 r,..e- - aoo�-<27 ne,',car ground vrl PGF rEk'+t -�.n.Doan-.ca sir - L.CA 308. For,, Re rn Ct;,an II )mn`?nc 1'..n°. -It ;it .. cc,lrols to' r-ichace bet,,,,,,.,1c and 48 -,es I:rin1 grow-I.ever oerwnx.r.rt.«. LargelM.MN.•tiAt ii nu w..01 11f SStfNt9k C:A'3G9v Ol ' ,t.o co ,n,rnc •r�._,. .,. teen, :, ;..,e!,r I c asprng i h, c,Imistmq • IIIM "MY • ADA 308 3 Sdc Rc r S q t _D—rncnc a o,1c by,illcnt RIM1 1 Jlmmlh Diner The kiosks feature scrollable on-screen content and an accessibility r. texture that adjusts the height of the content for users in wheelchairs. _ow-vision users are able to resize and/or change the text to high- contrast mode for additional focus on text and graphic elements.Both features are activated by the touch of a button on the left-hand side of WHEELCHAIR ACCESSIBILITY TOOL ` - .�.sae .....A.. `:' KE's homescreen. Reposfllons on.screen content ts.-^, . "L. is In-rrw reach IKE Smart City Product and Software teams are continuously working to pioneer cutting-edge technologies in order to optimize the IKE experience for all users DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4877-AE32-DFFFOFAD764F ii IKE Smart City's partnership with the National Federation of the Blind is an example or how our Product and Software teams have worked to pioneer cutting-edge technologies.As a result of this collaboration,a new wayfinding contactless solution cn- optimize the IKE / experience for all users. APPROACH f +` In 2C20.IKE Smart City collaborated with National Federation of the Blind iNFB)staff at their Center of Excellence in Nonvisual Accessibility ICENA)to develop a nonvisual access solution for oui informational wayfinding kiosks We worked with the NFB's Blind - Users Innovating and Lead-ng Design(BUILD)team to assess whether translerring the IKE I - experience to blind and low-vision users mobile devices while navigating city streets is a preferred method of use over other more common hardware solutions. After the solution was hailed to be an effective interface and innovative option by both organizations.the IKE Product and Software teams solicited user feedback to validate the planned approach. • vVe ronaur -vu • ..II utv se o Is ov 4.14,:n ec tainc an ,�,1 ;r- s the z! I' I::islreti rec clntc vi--:<..ru... • Tv hb" tin� .�.:,w� nc<1tm� !Phi 'n'I SF(1 Ir hi e—t SU tYV:1 ent;-.esst::ll:S •NIL LEWIs NATIONAL FEDERATION • THE BLIND Ike SMART B1 vFs-.nr:onn.CF: PN ._E rruc CITY DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F `JA UNAL f-LDLRAf IL)I: Ot. I ` RESULTS Our findings drove a Phase'approach that s currently in development and will allow blind and partially sighted users to navigate and Interact with the IKE ntei lace using familiar accessibility features In response to the partnership.,ith IKE Smart City the NFB invited our Procuct team to participate in a panel at their Smart Cities Summit In January 2021 BRAILLE PLAQUE MOBILE IKE EXPERIENCE BUILT•IN ACCESSIBILITY FEATURES Each IKE vnll display a braille plaque along'he spine The OP code will auto-dlrecl users to a motile The mobile IKE experience w i to-low Web Content Accessibility 01 the kiosk instructing blind and bvr-vision users to version of IKE where they will have access to the Gu decries IWCAG)to wo,in tandem with the native acCeSSibility scar:a OR code with lheir mobile devices camera same content hat is available on tie kiosks feateres on the Jser's mobile device.including TalkBack and VouceOver tools . '$ r ;�,, 'if. 1 ' .• I � ' / r' Z .n.y•. 4 9 1 r- _ ilVrira, - . hi: . �- „ ./ 'N�ellw we.oaw.. BMpp v - r'{ roves WoI.lner 4 .-1wwV vn...,.. • if iik ., s l.5cW'. -_ ,--,—grey a.r. .. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID. FACD29F0-875E-4B77-AE32-DFFFOFAD764F A SUCCESSFUL PARTNERSHIP • C;>1),45Y NATIONAL FEDERATION 490 OF THE BLIND wan the NFB.We are confidant hat the daemon to ewaporaa the mobile Mnd-oft modifications is he best soLbon to make he IKE Bosh accessible to bind aid bw-nson users IKE Smart City.through the thieve engagement of bard and wsion users and expanded the9�L,((='d�� interaction with ether relevant experts.has used what we feel a an exemplaryhe time we n deaths,development ig d t Wes s e regy 3 0crf S an C uUndogy_he a cave,we were 2121E Via Small Only to nave you team highlight Wes strategy at our Smart Cates Sulnma nab m January 78.2021. February 9.2021 Thank you for your commrtmenl to improving the hoes of arose in ow community We Wok kayoed to ov oanb,ecd collaboradon and hope to continue to the as a reseuree for your c enemy, *than Shermehammed.Esq. VP of Owebprnertl and Corporate Counsel Best regards. INE Smart Cry,LLC 2S0 North Hanford Avenue Columbus OH 43222 '-�lj Ibeene keamsndly,00m MI Lens Exedra.Director,Blindness imasoves Dear Mr.Shamnhammed National Fedemo of the COO In blowup to menthol discussions Lettered around HE Smart Coy s(ISCI digital waydndng sou capabiela.wale of applesoons and yew craenpanye piney to finding a besNrvt)ne eccesebrfly sobuon tar dad and low-upon citizens.I'd lire to pans yew ter he mensal dengnabatcn of the bock-lo-mohbprone hand-off sobpon.Mader ypu nbaly prowled to our ream on May tor.2020 and die subsequent engagement thereafter.As you known,the numbers of he National Federason d the Blind(NFB)believe in the Ida capacity of band people and have the power to transform dreams Into reality though rebdon scope win,companies such W tOE Smart Ctly We bwN epprema your cdtat arabdn win the staff of our Canter of Excellence le Norm Seidl Accesebdty(CENA),and he active engagement through our Blind Users Inoovetmg and Leading Design(Fill SD)program to assess whether tralefereg the IKE kiosk eepenence to bend and bwrwaton usars motile 0emces iw tin preferred method or use ovr other more common nantwa•e sultans.We're very peasM to hear Mal he Iwenry<ne rnebdly sessions over are weeks m August and September of 2020 me,our BUILD pampponfe—cal haunt verth g degrees of moon loss and technological eepenence levels—yielded beneficial results Mal helped detemmne a mobile Mnooll software solution.I understand the BUILD proegnm sessions vested that use or a personal motile deice wade naugeltng cty streets is an selective Interface for those who are bind a have bw vicars aid a on mnovelse option that offers improved quality al Ile to the band and lwsesioh our by leveragelg successful time party modk solutions We re hmpressed soh ISCs wangneu to listen ts.incorporate.and innovate the feedback and recommendations received from our CENA stall and BOLD users toward the improvement of your kbsk eepenence for bind and low vision uses We also eppreoare yam dwghpul eppoadr of speaking with software accessebeity experts.conducting nod roseardr on tadde keypads ton basks.and speakng wh teal-food kiosk englnces,el addition to your continued cone sebora ,�...: 90D Eesl WO...MIN Jemewaw.Beae,ee.Ma]r)» e•009 eV, _ ham sr.emma Pamaab -., v...0 r : 911ti 4pvyl Se�wle^wM^OYe daeveeN]hiW,arOaY the ._. _ a DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F MULTILINGUAL INTERFACE IKE is multilingual in up to 100 languages and provides the drlvrewve T e,2 am highest quality translations to accommodate those whose primary ft' j 4CH language is not English Users can easily choose their language from �l a list along the left side of IKE's home screen LANGUAGE E elige ICngua Oat ► O,ir interface(ices.ro:rely spipiiy on tree machine-iranskrtroir SELECTOR tools like Goonie Tro slate tih.ch has limitottons ante:It: DRAWER to Ora''mahc al]ccuracy anc:cultural ma .C. rA -�EgaRel _ V We Esc'ttr-an,nteroret: 3 to irans;alc.,ICY nrtc. rk-nrnt5 to enure that t.'v ore correct and contextual,thus h 30,diny C1=D colts'Ci r-isinteru rtetwns ► Each kiosk Crn br p.ogtcrnmod ro _t the o rclommaht r-' I IIEGAR PLAYAS PAROUES I•":._fi-aoe spoken In the area surroundi'%C.its lc,:`.tiOn c i The kiosks come with the following languages already loaded into the tea system,and languages can he easily removed or added,as needed. s. ► Engcish ► Spanish NISIQ ► Arabic • Jr.panesc tIENDA REFUGIO SEGURO • Bosn•an ► Kor.can ► Frcn::h I. Ma:coin ► German ► PorhiyuCSC �, O ► ilc ran ► SOT, L.\ 000 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-41377-AE32-DFFFOFAD764F IKE was developed to seamlessly integrate with other informational IA";11151"1AVEIM.1310 OCEAN DRIVE tv1!4\tk,,‘i BEACH systems to both receive and distribute data Cvi iii , SC1IEE iQiiy Jp_Elcr ,1 3f, ME 1E DATA, EDLE. .1E-C Directories mforr,,-•,cm V V V • C.,r, CMS c -=QM•,st, • „s.,,,( 'ces c•- t '2,0p ' "MS • (_01 ENE 'I. .=Er, ..0 p '"EDDIEDM allEn P. I', thrOlicji- ',ant REAL•TIME DATA FEED ,D:I'rev ire V We believe that content is hest managed by the IKE teem.with oversight from our partners. - r CDEC,IE,E'D v,tin t"c.'Ceys qcyllb Dl EIPDr._, • D lont 'cos,) Eel- DE' --II • ,CEDICE, " 'EC . Y.,: I', D CE-." IKE Smart Cicy's robust in-house Content and Creative teams also offer design work to the City as a value-added service. >iv) yt'( fP4 t ill 4 • Prey De 13. I _ tentt1131 - ,t • 0,•belie' power .y :An In J.MJ'' , 3E'EI et EE -ron::APE . DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B4B77-AE32-DFFFOFAD764F SAMPLE REPORT IKE Smart City continues to lead the way in air quality features.using cutting-edge .�.� technology via a partnership with BreezoMeter 1011'Q14.'mO0 1011.0 "1 0d' After testing new air quality monitors in 2020.we developed a partnership with O'" 0 " """ " " `ate* "" "�"" BreezoMeter,a leader•n the field of air quality ^easuremenl. co.r,......- - a o r.r,...411•... Big data and machine learning techniques are at the core of BreezoMeter's technology, "n r°'"°•00"mew vt,. w-.wwr.wr...«r n/w,J sophisticated methods determine the dispersion and flow of a,-pollutio-from a fO`•""""" combination of layered data sets,derived from sensors.satellites,weather patterns. transportation dynamics,and other environmental sources Together with proprietary -••+•• o—+*- b...- algorithms,these data sets generate air quality data that is accurate down to a street. - level resolution. .� eleezoMeter's data is integrated into IKE's Content Management System and city partners nave log-in credentials to view reports that cah be filtered by kiosk and date - • ,._' BreezoMeler's ddferentia[ors,nclude frolic, _',Olr:lion r. .-., cab! w•r ... ._ aakaU/ Wlr ovcoam . acne ;[unnrt an., .,,,a co. •� nkV •••0•17 " ,no„w�,. ..a. o o .. 0 ,Po'led o Niter„ . ,mbei of APIs la.r11 ,,m...o. .,••...<ti.. ., _ « .. ., . DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F OPTIONAL EMERGENCY CALL SYSTEM OPTIONAL SECURITY IKE offers an optional Emergency Call System that connects to local emergency r. '', CAMERA services at no extra cost to the Cty Tne platform covers 100n,of the cost of cellularMIIIMUI RD MALL and data coverage for each krosa,including two-way communication for emergency X• calls.The system consists of the following components '� � �"• ' • En:er rice sc- lio o^_CLle,r el of K OSL, .. .oil 'or n tr r v: c' 'r on;roc, r-i of„o -. r• EMERGENCY rl r i bLALH '. • ntc rjr ntc..nmeni.nc, 1..Ii 1UOV_the( nul:) DESIGNATION _When the emergency call button is pressed,IKE automatically' • D u,9•'.'la notl'i i th( >pC ndinq d;p 'ce'r Of tn. _n,.0 A CV 'O •f -�. ., .. "'l ll l'..'.�r10;.lJC' v:•"�•t` •.'IC f"C C"Spam EMERGENCY r • CAL.-ACEIVATED •'• - CAMERA '�`.• bo: c n(rcelr _ 7itto I ono r. -c d� ;ce \ • �� •I. • ' CALL BUTTON fy—•� '! Y �i M WO-WA, OPTIONAL SECURITY CAMERAS SPEAKER 'r3.'j t _ Two Integrated security cameras with a remote DVR system can be added to IKE's gm .y • sY configuration at no extra cost to the City One camera Is positioned above the touchscreen on each side of the kiosk and records video footage 24/7. DVR s_. , _o vo le(:5 rE .%a-r _ ,;nt. protOCOls,.I C unigu_loy in c rdCntlal; r r Des lVIC(i Er ,rclr n prso fnc{ rcr.r-ed to^omp,c'- r ou UrUrt rr tuc>t sAEEry - If:. 'UC18;4( LIGHTING • the DVR y .:,ft.. IS - DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-41377-AE32-DFFFOFAD764F r tr IKE is connected to the Integrated Public Alert 8 Warning System(IPAWSI All-Hazards teed and - WOWS RD automatically checks for alerts every minute so that public safety warnings are displayed in real time V, •• without delays MIAMI BEAC H • N,,t,o, Or is.s rr Atmosoher, .4011'1,-15t,•=t,3,,N0A40 • F •:,HrIytr, <AS< ler"' • , ".."7* r••*.111111 tV. • OW, ‘,t6le iiil SIrLitliorils. C CUOI • 'a ,• , Hurricane Warning •Ales. ,the. Is r OW' S slcis AMPFP ,-,11r)rrer, 11<1 is --, siIiys :se ,I,^r(L II S ll5 I 55151 P•SsV:- Eiiqsrscu N.t,')de IKE‘11spla>-,a c,ulc -Thg, DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F ~ E• ' 1 1 • IKE Smart City will provide the City of Miami Beach with 12.5%of •1 - • i all advertising time on the kiosks.The City may use allocated time 31f • for the promotion of civic content.public service announcements,or ..- r other communications The value of this dedicated time on the screens is - IMP projected to be$8.536,740,assuming 15 kiosk locations,over the term of • a Ir the agreement.Any unsold advertising time will be provided to the City ate„ • _— 1 r no cost.when available. %- ' . Further,IKE Smart City will provide the City$550,000 in free advertising time annually on its networks of kiosks and signs across E the country.T-rs offering will include both IKE kiosks as well as large . . - +•+. i•.”- format signs installed by IKE Smart City's sister company,Orange Barrel ^— Media.Please see markets in which we operate listed below. • - RdPBA6f57d " .or_ •♦ :Ne":'(CONY . ?,.,.. -A .�7 - P.._t...:-I: Pi,. — Allirif • r I-i0us7„- TX • ;rim 'L JF, WISIONO _ . • Abr,. CA • Cr^.e'anc Jr - ,. y • 1.;sn- h '!tD., D'_ . ChalV't NC - - • Boston,MA ' St.L onnr, MG 7 - .'LAYT.:: GA --011 HE y.MM'[llv WWI eEAC.'Wo n DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F • ;•.• ,s: l' • •'�.ti t r' Y 4 }d.,.l. na."'„ .l GMYST y ..laY'191.•\�� �\ Vls [ry1 • i' ' ; ,A, lc,'.0.r-- - art! , - END THE .; • _,,.; ix ... ,. .___. ,,, . , „4; • • i, / ,- • .,r,--/L— , 'lir 411- 1/4 . ~ .. J '../f ,.,yam HOUSTON.TX 2)l2'Y99101/10,VI MAIM 91idt.1110 119 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-41377-AE32-DFFFOFAD764F . ,., • , • P. I.. Ilr' „. . ,. . • - *:: -.....lir ,'..-,.. ,* •- 'ilk:** , t,r,' ...,... 4 r';'' el411/,,,I. . 'opt 411..‘; , .1%, .....4,, . •- ,,,,, ,.:.• .,,,,,,..., .-- ‘. .., ,,e.c„. ...• .-,. • .e,. 11,:rilk• • ,:i."-: 1 .), • . :• , ---.,..,,,,•. ; ; a"A. '. . ..4 '.''' r 'iaht6 i '''''II:, ' - ,O.'..ito. ' 31 • 1 . :, . ..itk-n,.... • *1;01*. . '''-- "4",.t-• : ., :::....... :. -.#. i..-.4 . • 4 . .rF•S„, -'''.1- 44.,,,,if• ' .., ,f',i, -,-*-;'-• -* • - - .6, . ,, , ,.....i• . . . - . .I, •,16 I .., ir(%.,,,, .i• . ik, • , -10 'i . r ...-- 4. • . . • ,..... •••. ...• ••f Jilt . ., ••,:ft-t..) : .v 4... • ... ... ' •eilk• . - iiikei*. ' I !! , -11111k . 1!!1 I • ... . . • - • .. , ... ..I • -q.; . . Ar. .-, .., ,.. . . . . p,.. : .... . f C ulanaii C. •.;'. 11111011 .. i i.. ! ,. 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' ,, • ' ' ,' • \ # - .. i / . _ - _ • .....: - '.....t._ ' : • . _._.._ , a F , .ii lir- iiir -111/14, ..' ... f .:,1,04"--:. ,_ — __...4 . , f .. 4.--.?"t. CINC 'I,JATI.ON AW •13.2:KI SM.. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F !spill,'" . tilikll‘. .• -2 i '.----.."....""`-11.„;, _ i f r. 1 r,... .... _ , , , .,...„, _... ... _ . .___ ��� --•ter_. _. J , ..... ....____ _ _. , _ , _ , _......, . , ..., ..•. • ., 4 tP ,, P •StockX / 414 v i t,�" �feddlaf $0 " �� y � -" i K CADILLAC SOVADF al ...:7- 4 1 :""*F-:"..'---.---'-- . . �_ '•• ram- � . _ _ , .. 'All sty / ityp ..,a•...� vw. -Ir DETRO-T MI DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4877-AE32-DFFFOFAD764F -41000 w� n! Jr) MISSION: IKE SMART CITY PIONEERS SMART CITY TECHNOLOGY TO IMPROVE LIVES IN CITIES. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8756-0B77-AE32-DFFFOFAD764F COMMUNITY INVOLVEMENT . ` / �.• The core tenants of IKE Smart City's media platform are oublic benefit and social equity.two . . 1 values we seek to maximize through the formation of public-private partnerships in each of ' � - \ our IKE markets.Working closely with key constituents,we strive to understand near-term ' 44, needs and long-term goals to deliver programming that contributes beyond an economic ,,". return.City priorities and partners in each market vary but examples include the following: , MUNICIPALITIES We assist city agencies with the widesp•ead deployment of urgent Communications such `\ as wealhe'emergencies.active shooters.power outages,transit and traffic alerts.and other important messaging that is critical to public safety. BUSINESS IMPROVEMENT DISTRICTS Small and independent businesses define the unique cha'acter of u-ban neighborhoods. and we work closely with Business Improvement Districts to understand how IKE Can support their growth. EDUCATIONAL INSTITUTIONS IKE partners with educational institutions and local school districts in the communities we serve to develop hands-on opportunities for creative students to learn about careers in media design,and advertising r. ARTISTS AND ART INSTITUTIONS We cultivate extensive relationships with art institutions.artists and independent curators to develop media programs that showcase the work of established and emerging voices in _ the public realm. WTHER VuLAGoME: n fc••pE>r.'I rci _� rc. rnr.'moat _o-:.E c nv., .ranrn .rrc DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F IKE Smart City and sister company,Orange Barrel Media.have a longstanding commitment We maintain key relatronsnips with both internationally recognized to developing media that supports the production and presentation of public art.Focused on and weal artists.as well as museums and art institutions.These community engagement.Corey Favor and Currecie Gamble work closely with IKE Smart City partnerships result in the expansion of art into high y visible public CEO.Pete Scantland,to lead our art initiatives. spaces where it can reach broader and more diverse audiences. PETE SCANTtAND Collaborations across the country include work with a't curators Chief E.ecutivc Onccer11 and organizations such as. • "e._.z Al Mu _.im.M r.r, e E)ana va.n • CA Bocrrr . ..ex rn:i_c „r i a•,_ n,;hhCr Sim t':;^n E Lnrinc, f.,•I; ' . Larry Oss -U,, ,Prop, e Gmuo • :•F'eeoo�-�° F _i COREY FAVOR 410 r.VC.C l:n -i Senior Director of Community Engagement,Talent&Culture and artists such as . MOCK�Js Anaeli CURRECtA GAMBLE410 ' Hunk'A IIis Then'-, J,rirsy Ch SOS Director of Community Engagement 8 Partnerships t, i. Icy,.,,ol' . Miwrei,J,, i DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F f Bit allt f __ 4114 d _ . . , ..., , , , ,..„,._ Q. '•�' ' ' ,....... 1_ , i 2,_ . _.... ,.. SOPHIE FISHER pf MIMEZ C"ARR E MAE WEEMS V Ii 7 • t w • I\ . ! �c - • . . u...stnor, y •_ ^ M,,,I .xN11M011C /44- 4(1 !xoxsrox 9I . . T r' ' Ly� t •41,t _ i 1 sr, .... . , -.1-7,-;.i.e._ millzisH6w • MENAI E IIi r4 a' NM..ro nthIhr r � I % ` 1 r. • c: _ .fix ooNMtuwx p. GN CJ bI MIKE MCCONNELL DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F • i 7.. • ' i •. II- lit • • —. .. 1 . . . .... • .- SNORT NORTH • ARTS DISTRICT • . * • . • . .,. . - • '.1 * .... .. . . . ..._ l• . 4 . *or .. .. I- I : II .., • 1 1 ......- - . I MOIL 'Ir iit.PI 1 . _., - •:. ik0 •i COLUMBUS.OH ARTIST LISA MCLYMONT DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F 10 - )' ..., CI NW 2GTR ST The IKE kiosks in Miami regularly exhibit new projects by local and ' I , _�� 14'`. i international artists u7 collaboration with some of Miami's most recognized , , r I �' cultural organizations.A launch project with the iconic Wynwood Walls _ .r. a ••./ . features the commissioned works of Miami-based artists such as baghead, u 7t_ I= ,.. •7 Golder 305.Nico,and Pei Ramirez IKE has also partnered with Perez Arl .1 f• J�• ^ ,4 f Si • Museum Miami iPAMM)to promote its exhibitions through advertising and i4 ,..i 1 f # T: ;t, iir . -- feature art from its permanent collection and exhibition progra=a. - ^ • A • — The work of Italian artist Marco Brambilla.best known for'i s mesmerizing, It — — I` intricate video collages,was shown throughout the sunlrne-and fall of 2021, - � ' in conjunction with his exhibition,Heaven's Gate,which opened at PAMM on - - _ t _ { ` June 17,2021.Other exciting partnerships are rr development,including a •W �, , - - collaboration with Miami-based Fringe Projects,an agency that commissions EiLEEN SErz arlo experimental public art. tik IMMM11' r ,. aw 10N ST ' r• 4• alit, `j Iliil ! ‘i it `i t` Ili. • t•-- _t ,r I. 1` •. l ee to ' - .. - R V. • • 1 PEREL ART MUSEUM MIAMI BAGH DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F lila _OCAi_ BUSINESS SLIPt'UR I 4-4:t I , m The IKE platform o`ovides small and independent b.,scsses.ns wet as area non-profits, — — •1 t. re ' with significant free a^c discou-trd promotional 0000rtu,tres.In addition,IKE Smart City _.r . - - -Ir�'F- • L f'' often creates special initiatives to further support the local business community. + 't 4 r. r•.1114, rT FREE DIRECTORY LISTINGS AND DESTINATION MAPPING 'il ` IN FREE '=ABRI « "" ii TFINDITLOCAL ADVERTISING PACKAGE i - _NW: AZ yt 11 �;I ,�� r Y il Irl .�.1:` Mpro.r wry COVID-19 #SUPPORTSLOCAL INITIATIVE 4 • L. ramn " .j. . "" ' .. / : C. ii,. t"- 'let 1 � n I�,. �a al r 1: . ._: ; rarer Alit)� t - .V �uat Crt vrN.i BEnCrM gr DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F —ilk. 1 Aivir ••itttiut�usii rl �` / I 1 S II • Ni i ISSS1r .11 NMI N / i % tn� 1 Lt t Stay home Ej � ,� We'll come toy t / - 4411t ' aim— ' f,as I lielf • 2013%F 51.10 0,114.1 1..0,9.. 91 DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F • 7 ' v 't ., . .. I • op . •. , . ei ,r, AC iv i- Nyhisor , ill v+ J t . 1V ! V+ 4if--- ,FOERAL C SHILL t*, . - it.:J! 11 ' • 1 11 : 1 I '.,.•., ji Al 11161k • T i { - � T; fir ' — + ' As • . .r ' . It e • k alf R411 V v �'• ,P wt 0 BALT,MORE.MD .2 i.1.mill on"mi."BescM•.v Yi DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4B77-AE32-DFFFOFA0764F Rather than outsourcing work.IKE Smart City emp oys a full-time.In-house Product and IKE Smart C.ty's oifferenrating approach has resulted in advanced features.a Software Engineering team that is 100%dedicated to keeping IKE on the cutting edge of superior user experience.and the flexibility to deliver on the unique needs of our technology.Their collective experience spans diverse business segments and platforms city partners in exciting new ways.Our ongoing investment ill the contim,.ous which informs more innovative results.Singular focus allows us to work proactively,react evolution of the IKE platform ensures that the kiosk network will stay relevant and Quickly.and easily pivot as new opportunities arise engaging throughout the term of the contract All GRAHAM cc N2ETi xEviN r tit.:.riu RECENT INNOVATIONS & UPGRADES Director of Technology Senior Software Engineer iv Sr.oport-or EN`.1,ic•.ar pow."....:aCrs • .E911 all t'laVics tire gi'. Kt°CO'ttcnt Male-gain,'n.S.y,acin it.MS ill • o Irl sh.p with Z.oczoM eter for more cony)rohcn ..at 7.,.. CARSON OFNTINGER CIIRISTcPHER r Software Developer Software Developer v Ai qtr''It) '.nchc J.tor Ind UV ncle>::mcui d to some scree, . Scooter info,Ti-elo r 'i'le tO Gc'AiD.m. 'epli'etiOn fill) RYAN HF.INl.FIN MICHAFI GFF a l `,r,i,weeatr-e. Site Reliability Engineer Engineering Manager Con;.ill ap<,I..lil r-- Dr aV 1pp>_allons - _-znc..r fecu Fvints Al, -n If; i III OANiEL Men Director of Anoiytics • u _.te`lrl..11_ lit, AL' a _ l _n rri'le:',_, , . r_ at. Ni.: _ lit_ c ;hi c cr. ,_ ,fly fi.-'tr,ii PRACTICES DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F • 1 �.. • !•,as . TRANSPORTATION CHALLENGES -.ow-_ :'I'.)b(.7) ..:' 1, I P 1 - • r As the.vrnner of the USDOT Smart City Chelionge.the City of Columbus developed smart ...! v1' I -.At , f�- city solutions to urban challenges.In response to transportation challenges in cities, i` �� /�j,1 IKE Smart City partnered with Smart Columbus to deploy a Mobility Hub pilot •�_ � . _ program in 2020.Mobility Hubs are a conhgu able transit amenity that increase access - NO to first/last mile solutions and help to organ le the streets from haphazard placement of — - Mk s'%,.. • the vehicles by centralizing them in designated places. IKE serves as the agnostic centerpiece of the Mobility Hubs.providing real-time public - - -,- transit information,a ntultimodal trip-planning application,scooter docking and charging _ ,. -- - stations,and other tfansit services from shared mobility providers. - .. Mobility Hubs consist os"a flexible kit of Darts that can be adapteo per location to include - Y - - :•r elements such as bike share clocks,personal bike racks,car share parking,and electric - I vehicle charging stations.In addition to providing scooter docking and charging that �'- -- • accommodate all brands of scooters.IKE Smart City is leveraging IKE's technology to - 6 \ti . provide on-street EV charging in 2022 JORDAN DAVIS Mk .„Er-oi ,w ::,_,AB_,tine !!t in a _ . ,n al SM.,0,IMAM Or Of. ,. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F ON-STREET EV CHARGING IKE Smart City Is currently working with several city partners on ot deploying electric vehicle charging programs alongside existing kiosk networks and is anticipating launching our first electric vehicle charging programs this year. IDEAL EV CHARGING SITES6 ' 1111 Densely populated and equitable locations overlap with our • + current and planned on-street sites. IWA - ,;A BRAND AGNOSTIC CHARGING - EV and scooter chargers are brand agnostic.enabling future- • r - • 1 proof installations. ,... '' - ii EV PARKING INCENTIVES - ' ► No cLsl.,pton to local,> -lng a I. No le,10:c"ai ging session •. � t i -I ► Om_'paymel syetem(o p ,�.rc r 1 PROVEN ON-STREET EXPERTISE ` IKE Smart City's expertise working in the public right-of-way eliminates the most time-consuming aspects of deployment. MI MI , - 011altsa - 'EXPEDITED NETWORK ROLLOUT ®.R.i�'� EV construction and operational costs could be reduced by �11_�.,. _ approximately 50%when shared with IKE deployments. s""�••� NO INVESTMENT FROM THE CITY 111 All construction and ongoing management is provided by IKE Smart City using existing electrical infrastructure. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope 10:FACD29F0-875E-4B77-AE32-DFFFOFAD764F r I ERM AND ' -Ci;44' 4 . . REVENUE iE k , PROPOSAL , 00060, • x..'f, • 401 .; DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-8758-4B77-AE32-DFFFOFAD764F . 4004! IKE Smart City requests a 10-year initial term with one 10-year automatic renewal term if performance criteria Ws defined by the City)are met.This will not only protect the City,but also will allow IKE Smart City to otter a best-in-class kiosk program.maximize revenue to the City and underwrite our investment included below are examples of performance criteria rrom other cities +; where,KE operates. ' • n rrr, ot _IKE k, t, • -iF S City has mar inte aAnfr Obliq'ipn5, / O E S.,..,i I, rt-ha-„,p, .nloU 0n1,rr . t c'or er.c IKE ,f - 2d rp; nr.am .hall hn ..r oldie +nr .rtr r ipLon,o, malhrn�hpns in tF -art rite ins rr_I I 9i .. [Or ',n=n!s nt4r'- 01k-,rs:oinpm rest,n`.aeeeec `r • ,.CE Sr-tart Crty rc rot in e;c ult of R.revue SP,-:c obliya:oils • <r S 'rnri, t h"=kr•r. t Carte J 'J H r �dnt. .H 1 r=15 Jr,e r .vdl'Ir , DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-87513-4B77-AE32-DFFFOFAD764F FINANCIAL BENEFITS -' 5' �4:0°11 IKE Smart City would place 15 kiosks at mutt:ally agreeo-upon locations with.,the City of M'•arc,Beach After demonstrating the success of toe program.IKE Smart City would work with the Cit1 to expand the K _ program.We believe that the City of Miami Beach cows suppoi i up to 50 kiosk ocations across North '�1 Beach.Mid Beach.and South Beach IY r;''1' IKE Smart City wilt manufacture,install.operate,and maintain all kiosks at no cast to the City -``` IKE Smart City would pay to the City of Miami Beach the greater p1 9h'V00' vOsk in yC'r anP inC ,n:: 'I t o r .i - • .R =>< I e l it, q e ie share.o rho C tss m.-c I kiosk oc Thor,5. • broochC t Se S 63.878 • •�� • . . 52 rn 569 • If 50 kiosks,.ere installed the average annual revenue share to the City is projected to be , $4.552.928 and total revenue share to the City is projected to be$91.058.564. Further,IKE Smart City would provide a 31,000,000 non-refundab,e advance payment to the City.to be used as a credit towards future evenue share payments This prepayment will be deposited into an escrow account on the date of City Commission's approval of award and will be released Io the City once • Commission approves and entitles a 15-kiosk network • CIVIC BENEFITS IKE Smart City vall provide the City of Miami Beach with 12 Sc` of all advertising time to be used by the City IKE Smart City's experience managing a kiosk for the promotion of civic content,public service announcements.or other communications.The value of program in the City of Miami makes us uniquely this dedicated time on the screens is projected to be 98,536,740,assuming 15 kiosk locations.over the qualified to accurately anticipate revenue for a term of the agreement.Any unsold advertising time will be provided to the City at no cost.when available. network of kiosks in the City of Miami Beach. Further.IKE Smart City will provide the City$550,000 in free advertising time annually on its network of kiosks and large-format signs across the country to attract visitors to Miami Beach DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-41377-AE32-DFFFOFAD764F Prepayment beam Term , Year 0 1 2 3 4 5 6 7 1 9 10 Groot Revenues Maori Beach IKE Network(15 Units) 5 1,921,920.00 S 2,26I,374.40 $ 2,738,038.62 $ 2,810,179,76 $ 3,904,745.17 $ 2,991,921.72 S 3,061,686.59 5 3,174,137.18 5 3,169,361.30 $ 3,367,442.14 1034 Gross Revenues 5 1,971,970.00 S 1,162,37440 $ 2,731031.61 5 2.700,17974 5 2,904,745.17 5 2,991,928.71 $ 3,011616.59 S 3,174,137.18 S 3,169.361.30 S 3.367,442 14 Revenue Share IKES1MMPrepryment/Rnm3ursemant S1,000,00000 $ (464,768.00)$ (531,332.00) $ - S - $ - $ - $ - S - $ $ Minimum Annual Guarantee)M30) 300,000.00 306,00000 313,12000 318,361.40 324,729.65 331.724.24 592.388.73 344,605.70 351,497.41 354.527,77 Percentage Revenue Share 461.766.00 598,949.76 713,095.45 109,709.51 637,144.42 465,547.15 194,825.91 925,049.17 956.346.71 911449.08 Total Revenue Share to City of Miami Beach $1,000,000.00 $ - $ 67,717.76 $ 1,095,11545 5 1,121,071.97 S 1,111,91407 $ 1,196,771.49 5 1,232,674.61 $ 1,269,454.47 $ 1,307,744.52 $ 1,344,976.16 Lease Term Year 11 12 13 14 15 16 17 1/ 19 20 Grorleve Miami BeachllE Network(15 Unit) 5 3,461465.40 5 3,572,519.36 5 3,179,694.95 5 3,790,015.79 5 3,903,741.37 $ 4,020,90202 5 4,141,579.01 S 4.265,774.9S 5 4,393,748.)0 $ 6525,560.65 Total Grow Revenues 5 3.468465.40 $ 3,572,519.36 5 3,679,694.95 $ 3,790,015.79 $ 3,903,788.37 $ 4,020,902.02 $ 4,141,529.01 $ 4,265,774.95 $ 4,392,743.20 5 4,525,560.65 Revenue Share IKE S1MMPrepavment/Rnmhursament $ $ $ - 5 $ - $ $ - S $ - $ Mn,m9m Annual Guarantee(MAG) 365,698.33 373,011.79 340,472 54 310081.99 395643.63 403760.50 411.135.71 420.072.43 42867317 437.043 35 Percentage Revenue Share 1,021,647.83 1,055,995.45 1,091.40544 1,127,952.33 1,165,671.72 1,304,600_31 1,344,775.92 1,216,237.55 1,329,0/5.41 1,373,140.91 Total Revenue Share to City o&March Beach $ 1,317,346.16 5 1,429,007.75 $ 1471,877.98 $ 1,516,034.32 $ 1,561,515.35 $ 1,604,360.41 $ 1,656,611.63 $ 1.706,309.9g $ 1,757,499.31 $ 1,110,234.34 DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F 4 OP Ai z ra, E r-'NANCIAL STAE3'�L�1�`Y � As_ IKE Smart CHy is financially equipped to provioc a lurnxcy kiosk network to the Cab of Miami Beach at no cost or risk to the City.We are financially responsible for live 4 110 IKE networks in 1S major cities across the country and do not rely on our city 1r Ai partners for any financial assistance. - i' • 'ry 1 n:- 7 . .tr ' raw wt.ir.= . u veil t.. I _)r;1 ut.! t e '<E'1 k elic- i_, .,;men IKE-i,, It)the C r,c Mr Rea.'' �^.«�-_ 4. ���- ;;rn cupoo'fed by ar'18 ye,r old rinr,Ji cciridrid, ,viri,succd,,t ii of,nrabens nit / - tl- 'i..,ect -C.a rnP I NPIC 't v tPO 5 i , _:,c _._„ Fi's Nv Vp,. 1 :_ho_ac,U Eoi , .^.Ilant-,' an,,slaslm•nton pC • rif . .... FINANCIAL DOCUMENTATION Enclosed on the following page is a letter from First Merchants Bank.indicating that this ^ project s well within IKE Smart City's existing capacity based on our current funding availability and ongoing operation cash flows generated by o.'existing operations r If the City desires a more detailed review of IKE Smart City's financials we are happy to arrange a detailed discussion between the City and our bank or provide additional documentation We have completed the Dun&Bradstreet analysis and are prepared to submit a Supplier Qualification Report directly to the City upon request per the City's ctari`icat,on about this item on 7/13/22. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4877-AE32-DFFFOFAD764F *RN 4elcn3M59onY ••,•••,•�: ....,. :5:9D .ally Me,,Ca..areYoeuw n Iaae lewM.a.en over, Cf.DIY✓.,k.rn Hor.rp,MM 0ra.t._W S/55 Wrest nwm.. her M1.n.Mare,Ft DIM rW ine[r..brmalca ash UeCra..'M.M MaU-IQ SIM 5.•Mt 6tl. "Mrran.M od..nlbn.Mt IS[Sewn CM.lIC Ino t ntponpryna rsMN W,nopoW MCe Oeyrl moat,0Sla(DSeraae.ar4 Dips Mq.epN 1s Me CI,d M an Ma.MI anar✓.cM Glr y01...ropier,*nOW, o4rW epnrs:vn a. M in rey.r M.SI.OD WC opna n,*anon-i:a.n a D.K rr+.aeneeae Ma.da.re[MwrWe.M wT nZ Sawn Car,.tw•an0 Cm.of CMTM•t c.eW rrai..rr.ae, II .44..f.p.n}.raez SI S>SOOO )1 R'.o...r....da.n SI.031p00 ll fn ya,G.vac1.e M.a.S)O:400 al WIN*Dpa.acry err...SWUM, hens Mary P M.W0V eM:M onfoae oaraula unn Ill..ma.It. Mat I.aroM nr..e rnlri.Mr ner't <apory Mt;4rr.:ry.P.e wv.,tire or ail peW,.pp.vrto Of oo.4*t...op MtMt orrar upYeea.s.0 M.angm.nrb.cnaare lar a MKn.d tM aad r...Yanvn.$ler M>af•.1 .tea a.5rr.Wthe..a Wm* a.neara...e.t M..IDC]M 10.4 b:M pep.4.erv.f.n..fnEN.o emea1o.r rwm..edsnen W.. Vr.ea✓ti nlarbrO.•V M..ar:at.rrp r.✓Mer}r.tr,.r.G ow...a,to n..1r..rrtsr up.ey r ss,pb.e TM intl!at een.I.n.a +ro.fro.Ni..+ar wnaam tame,.I...at,peaxp.re.ranfyl..n(on..till M14)511e1 DO .Dye lac ran ne.n-. Iu DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F II iI It • vI!_ L)I4 SALES I 1 1 !M r I I .g F. -c ream behind IKE Smart City has been profitably operatirm med.a assets in marxcts E. across the U.S sirce 2004 Our Media Sales team has decades of collective experience s t -c, and focuses on best-in-class customer-centric service. a s s . r . Media buyers frorn the argest national agencies.including Rapport,Kinetic Worldwide. u �= Outdoor Media Group.Publicis Media Group and Horizon Media seek out our inventory - _ _ 4 based or our ability to deliver value to their clients i • t^ q t h St s T� Pf ntegral to our success are the strong relationships we have built with blue-chip national 1 I �F- . ---_.I• -a advertisers-strong relationships that are recurred n order to successfully fill premium is J ♦r spaces with quality and impactfu:campaigns I�II ,I,� Examples of the brands we work with include: ._ - - Googlein AT&T 6 't CIWOME . r >'I r ,1i •• r : ter- VIr` ti r. III NETFIIX hur.�sl�crtIII t j•f la- —tin.- l) Primo Sic amazon 110 Linked® lrxrI s®ti • 4010144. fir. so CHANEL A alrnis tt Mons CHANEL ✓ - P gdng `,i,kI it IIIF1UIUy • Il rlt ll llhlll lair 'fl Ike • Uber P&G O ips co,.crr 7il6tQ$'1°^t �f�Q CHASEd o,a���.°a _._� mow;?'mow•,.r"` _ DocuSign Envelope ID: 509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID FACD29F0-8758-4877-AE32-DFFFOFAD764F Tipg4 nu k' , . . '. . . iiI II IRiA'►�My r� 8` Our Sales team is adept at tasteful advertising copy and imagery. » r1* N We adhere to al,local advertising restrictions and always work , ,f, .� Orrectly with our City partners to tOrm mutually agreed-upon ir' I .`� advertising restrictions. IKE Smart City will not advertise anything that I �. �.' ►►''' ' 'ails'A ... -r Sr ' - - , ' • A • ' . r NW 26TN 51' .. ,ii 1' ,I %. 1V. x e !' - r r 1 • P Oimtcs of.7.ur, .:co cr tobacco ro", r �� f COFFEE ,iir E- • P -Jr , a s•S r ,)etin Lr.:,c non-aa0;1ob. �, ...aqr. I C ty .,ilttS, OvrO Y ill • reS or ri , ffv I:-i1, ,a ege,c,rt'fn,250 6,t . •W r - _ ' .k '.+'. 4 # r.... ii, Our Sales team has experience navigating content restrictions with /ram or-city partners.IKE Smart City will work directly with the City of I � 1 ` • Miami Beach to establish a mutually agreed-upon content ! w r restriction list. - i is - - .022 ME SWOT aryl EVN2 BEACH 4EP 104 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F MIAMI BEACH PROPOSED LOCATIONS 15' IKE Smart City recommends a deployment of 15 kiosks throughout seven North View South View key commercial corridors.We plan to install in phases of approximately S kiosks and will work with the City and stakeholder groups to identify which kiosk locations are priority The allocations,as well as the final kiosk locations,would be determined in partnership between IKE Smart City.the City,and the applicable neighborhood groups After demonstrating the success Of the program,IKE Smart City would work with the City to determine whether expansion of the network would help better serve the community Where possible,IKE Smart City will replace the static wayfindmg signage - throughout the City with IKE kiosks to reduce clutter on the sidewalks. v I all f •-- 1 t DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F MPLEMENTATION SCHEDULE ..VNTRACI At'-,AROE1 M,,-TH I 1.•'.rTH- A,.NTH A,.I,iHE MONTH 5 MON•• ., M:.N r INSTALLATION MILESTONES ISiting Begins Siting Betion gins I niontri ourot,0 IKiosk Fabrication Begins 5 months duroaon Site-Specific Plans,Permit Submission&Bidding 6 months duration Construction& Installation 3 r.onC.s durouon Content Development, Training 6 PR Launch 4 months duration INSTALLATION STEPS Pre-construction Kiosk Fabrication Site-Specific Plans,Permit Construction& Content Development, Operations&Maintenance Siting Begins Begins Submission&Bidding Installation Training&PR Launch Ongoing for Term of Con0asr ml 'This ,..Thin,5.,u5,..55300a,PE:ni.ing IinV0_•.nO,.11.,,,,Crol mulll,.,,,,. .. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F A FINAL WORD CUSTOMIZABLE PLATFORM The flexibility of IKE's design and software allows the City of Miami Beach to customize the platform to create a hyper-local xiosa exper ence that reflects the City's unique characteristics and brand identity. INDUSTRY LEADER We have been operating IKE networks since 2015 with great success Cities across the nation have selected us as their preferred kiosk and endorsed our product and team as superior to the competition. IKE Smart City is uniquely positioned to partner with the STAFFED TO SUCCEED City of Miami Beach to support its placemaking initiatives Our vertically integrated team is comprised of skilled contributors from each discipline led by experienced Project Mangers.Our investment in fur-time and enrich local communities through innovative smart city resources ensures the City will receive a seamless turnkey program. technology.Our objective is to drive discovery,mobility,and equity,while also providing an economic return for the City. COMMITMENT TO ART 8 COMMUNITY PROGRAMMING Using our media platform to support community initiatives and extend the reach We hope the enclosed information has demonstrated our of public art is at the core of our mission,and we would continue those efforts in differentiators and superior value proposition.Many thanks the City of Miami Beach. for taking the time to review our materials. CONTINUOUS INNOVATION Keeping IKE relevant requires ongoing research and innovation.Employing dedicated Product.vre Software teams with a singular focus on the platform versus outsourcing the work is critical to success. FINANCIAL STABILITY We are equipped with the capital required to deliver a best-in-class kiosk network without sacrificing quality and our Advertising Sales team has decades of experience that will support delivery of contracted revenue. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F • � tr 1 t Thank You ., _ � . ,„ ....."---- Ht•1l1Y1.2LN1 v w • .Iar AA r6 mA r►r,44VWi• # '/ �(N ! - ��- •, ''.."."'.'-' .itt I. -. - ' • Chief Executive Officer Vice President of Development i - - 250NNarnmOAv. lisli and Corporate Counsel rs_ - - l Calum6n.ON 23222 1175>raerrre c•1+E _,_,. T 612 MS 9109 M '+o,r Sue.,GOO 1 yXaoalrawKE,enrlc.ly:to, Alen,GA 30361 y T0`fa 9174 ' 4,...Z' _ Development Director Development Manager • \fit'''. --:...---" '_ !, -. �� 250 V Nanlnr'1 Ave MG N.1444,.4 Ave I • i' Cab ON 42222 Columbus.0.4 43222 A �s 2. I 1 tlr fie e152 t 512 21a 1496 -? ' ' - 1\ n6aemmyiKhmnrlcryccm mcr.+ce eercFurmrclycor • t I I i ke SMART ti CITY i ,KE smar tclly con v 1 to DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F BID SUBMITTAL QUESTIONNAIRE Solicitation No: Solicitation Title: 2022-040-KB Design, Manuf. Install. Operate, and Maintain Interactive Digital Media Kiosks BIDDERS NAME:IKE Smart City,LLC NO.OF YEARS IN BUSINESS:6 years(since 07/08/2016) NO.OF YEARS IN BUSINESS LOCALLY:4 years(since NO.OF EMPLOYEES:101 employees 08/08/2018) (IKE Sman City,LLC shares ell employees with sister company Orange Bartel Msae,LLC) OTHER NAME(S)BIDDER HAS OPERATED UNDER IN THE LAST 10 YEARS Oa88SMG,LLC and ISC Miami,LLC BIDDER PRIMARY ADDRESS(HEADQUARTERS)*250 N Hartford Avenue Cliv Columbus STATE:OH ZIP CODE:43222 TELEPHONE NO•614-294-4898 TOLL FREE NO N/A FAX NO. 614-9614403 BIDDER LOCAL ADDRESS:250 N Hartford Avenue CITY:Columbus STATE:OH ZIP CODE:43222 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT Anna Batman ACCOUNT REP TELEPHONE NO..2163384152 ACCOUNT REP TOLL FREE NO.:NIA ACCOUNT REP EMAIL-absemwnekesmartcity.com FEDERAL TAX IDENTIFICATION NO.:81-2915656 By virtue of subm::ttinc a bid, bidder agrees: a)to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all specifications, attachments, exhibits and appendices and the contents of any Addenda released hereto: b) to be bound, at a minimum, to any and all specifications, terms and conditions contained herein or Addenda; c) that the bidder has not divulged, discussed, or compared the proposal with other bidders and has not colluded with any other bidder or party to any other bid; d) that bidder acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; e) the bidder agrees if this bid is accepted, to execute an appropriate City of Miami Beach document for the purpose of establishing a formal contractual relationship between the bidder and the City of Miami Beach, Florida, for the performance of all requirements to which the bid pertains; and f) that all responses, data and information contained in the bic submittal are true and accurate. The individual named below affirms that s/he: is a principal of the applicant duly authorized to execute this questionnaire, and that the contents of said document(s)are complete, true, and correct to the best of his/her knowledge and belief. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Anna Baerman Representative: Director, Development DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4B77-AE32-DFFFOFAD764F .tC. ION 2 - AL NLANLLI.A.Ak t ,v' 61- ADDLNDUF After issuance of solicitation, the City may release one or more addendum to the solicitation, which may provide additional information to bidders or alter solicitation requirements. The City will strive to reach every bidder having received solicitation through the City's e-procurement system. However, bidders are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation. This Acknowledgement of Addendum section certifies that the bidder has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addenda may result in proposal disqualification. Enter Initial to Enter Initial to Enter Initial to Confirm Confirm Confirm Receipt Receipt Receipt AB Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required, submit under separate cover. All bidders must disclose the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all bidders must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the bidder entity or any of its affiliates. YES p NO If yes, please disclose the name(s): 1 2 3 4 5 6 When requested by the City, each bidder shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the City. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the bidder. The bidder shall request the SQR report from D&B at: https://sup Ip ierportal.dnb.com/webapp/wcs/storeslservlet/SupplierPortal?storeld=11696 Bidders are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each bidder review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. At time of request, bidder shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the City, with bid or within three (3) days of request. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-87513-4B77-AE32-DFFFOFAD764F Pursuant to Resolution 2016-29375, the City of M ami Beach, Florida, prohibits official City travel to the state of Mississippi, as well as the purchase of goods or services sourced in Mississippi. Bidder shall agree that no travel shall occur on behalf of the City of Miami Beach to Mississippi, nor shall any product or services it provides to the City be sourced from this state. By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Resolution 2016-29375 hltps://www.rnamibeachfl.gov/wp-content/uploads/2017/11/2016-29375-Resolution-Vendor-Moratorium-for- Services-Sources-from-North-Carolina-M ssissippi_1.Rdf DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F SECTION 6 - REFERENCES AND PAST PERFORMANCE Project No. 2022-040-KB Project Title Design, Manuf., Install, Operate, and Maintain Interactive Digital Media Kiosks Bidder shall submit at least.three (3) references for whom the bidder has completed work similar in size and. nature as the work referenced in solicitation. Reference No.1 Firm Name: City of Miami Contact Individual Name and Title: Art Noriega, City Manager Address: 444 SW 2nd Ave Miami, FL 33130 Telephone: (305) 250-5400 Contact's Email: anoriega@miamigov.com Narrative on Scope of Services Provided: Contract with the City of Miami to install up to 150 digital, interactive wayfinding kiosks Citywide. All kiosks are advertising-funded and are delivered at no cost to the City,and revenue is shared with the City as part of the project. Reference No.2 Firm Name: City of Coral Gables Contact individual Name and Title: Belkys Perms, Assistanilikagipz, Economic Development Department Address: City Hall, 405 Biltmore Way Coral Gables, FL 33134 Telephone: (305)460-5392 Contact's Email: bperez2@coralgables.com Narrative on Scope of Services Provided: Contract with the City of Coral Gables. to install 10 digital, interactive wayfinding kiosks Citywide. All kiosks are advertising-funded and are delivered at no cost to the City, and revenue is shared with the City as part of the project. Reference No.3 Contact Individual Name and Title: City of Houston Address: Gwendolyn Tillotson, Deputy Director, Office of Economic Development Telephone: (832) 393-0937 Contact's Email: gwendolyn.tillotson@houstontx.gov Narrative on Scope of Services Provided: Contract with the City of Houston to install up to 125 digital, interactive wayfinding kiosks Citywide. All kiosks are advertising-funded and are delivered at no cost to the City,and revenue is shared with the City as part of the project. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F Additional Reference Firm Name: Tampa Downtown Partnership Contact Individual Name and Title: Shaun Drinkard, Senior Director of Public Programming &Operations Address: 400 N. Ashley Dr, Suite 1010 Tampa, FL 33602 Telephone: (813) 682-2061 Contact's Email: sdrinkard@tampasdowntown.com Narrative on Scope of Services Provided: Contract with Tampa Downtown Partnership (TDP) to install 30 digital, interactive wayfinding kiosks Citywide. All kiosks are advertising-funded and are delivered at no cost to TDP or the City, and revenue is shared with TDP as part of the project. SECTION 7 - STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions are available at Itps:/lwww.miamibeachfl.gov/city-hall/procurement/standard- terms-and-conditions/ By virtue of submitting a bid, bidder attests that they have read and understand the applicable Standard Terms and Conditions as indicated in the solicitation. Project No. . 2022-040-KB Project Title Design, Manuf., Install, Operate, and Maintain Interactive Digital Media Kiosks SECTION 8 - VENDOR CAMPAIGN CONTRIBUTIONS Bidders are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code h //librarv.municode.comlfl/miami beach/codes/c_gde 9f_ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV5CAFIRE Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their bid submittal, in the event of such non-compliance. Are there any individuals or entities (including your sub-consultants) with a controlling financial interest which have contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. O YES f2 NO If yes, list name (first and last name) of individuals, occupation, amount and date: First and Last Name . Contributor Occupation Amount Date of Contribution 1 2 3 4 5 6 7 8 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB IJDocuSi1 n Envelope ID:FACD29F0-875E-4B77-IE32-DFFFOFAD764F I I DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F SECTION 9 —SUSPENSION, DEBARMENT, OR CONTRACT CANCELLATION Has bidder ever been debarred, suspended or other legal violation, or had a contract cancelled due to non- performance by any public sector agency? Q YES ei NO If answer to above is "YES," bidder shall submit a statement detailing the reasons that led to action(s): SECTION 10 - EQUAL BENEFITS FOR EMPLOYEES WITH SPOUSES AND EMPLOYEES WITH DOMESTIC PARTNERS When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive bids, to provide "Equal Benefits" to their employees with domestic partners, as they provide to employees with spouses. The Ordinance_applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. Does bidder provide or offer access to any benefits to employees with spouses or to spouses of employees? ® YES Q NO Does bidder provide or offer access to any benefits to employees with (same or opposite sex) domestic partners or to domestic partners of employees? ei YES Q NO Please check all benefits that apply to your answers above and list in the "other"section any additional benefits not already specified. Note: some benefits are provided-to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical4insurar-rce. Bidder Provides for Bidder Provides for Bidder does not BENEFIT Employees with Employees with Provide Benefit Spouses Domestic Partners Health X X Sick Leave. X .X Family Medical Leave X X Bereavement Leave X X If Bidders cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at h1tp://www.miamibeact1gov/city_ hall/procurement/procurement-related-ordinance-and_procedu res/ DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F SECMON 11 8 RD / 7; LO EYING AMENDMENT CERTIFICATION FORM APPENDIX A,44 C.F.R. PART 18—CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants, Loans, and Cooperative Agreements The undersigned Contractor certifies,to the best of his or her knowledge,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal, amendment, or modification of any Federal contract,grant, loan, or cooperative agreement. 2. If-any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of.a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. . 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352(as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The undersigned Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C._§ 3801 et seq., apply to this certification and disclosure, if any. By virtue of submitting bid, bidder certifies or affirms its compliance with the Byrd Anti-Lobbying Amendment Certification. Name Of Bidder's Authorized Representative: Title of Bidder's Authorized Anna Baerman Representative: . Director, Development DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F SECTION 12 —SUSPENSION AND DEBARMENT CERTIFICATION The Contractor acknowledges that: (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. §180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies,-including but not limited to suspension and/or debarment. (4.).The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions." By virtue of submitting bid, bidder certifies or affirms its compliance with the Suspension and Debarment Certification. Name of Bidder's Authorized Representative: Title of Bidder's Authorized Anna Baerman Representative: Director, Development SECTION 13 - SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020-31519, the City is tracking the Small and Disadvantaged Businesses, as certified by Miami- Dade County that have been certified as Small or Disadvantaged Business by Miami-Dade County. Does bidder possess Small or Disadvantaged Business certification by Miami-Dade County? Q YES Q NO SECTION 14 - LGBT BUSINESS ENTERPRISE CERTIFICATION Pursuant to Resolution 2020-31342, the City is tracking the utilization of LGBT owned firms that have been certified as an LGBT Business Enterprise by the National Gay and Lesbian Chamber of Commerce (NGLCC). Does bidder possess LGBT Business Enterprise Certification by the NGLCC? Q. YES Q NO SECTION 15 — CONE OF SILENCE Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIISTCO DIV4PR S2-486COSI Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranadot miamibeachfl.gov DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0.875B-4B77-AE32-DFFFOFAD764F Vendor attests that they have read, understand, and are in compliance with the Cone of Silence Ordinance, pursuant to Section 2-486 of the City Code? YES CI NO DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875B-4B77-AE32-DFFFOFAD764F SECTION 16—CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-37879, the Bidder shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within three (3) days upon receipt of request. The Code shall, at a minimum, require the Bidder, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. Bidder shall submit firm's Code of Business Ethics within three (3) of request by the City. In lieu of submitting Code of Business Ethics, Vendor may indicate that it will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics,available at j ttp://www.rpiamibeachfl,gov/city-hall/procurement/procurement-related-ordinance-and-procedures/ Bidder adopts the City of Miami Beach Code of Business Ethics? p YES fl NO Bidder will submit firm's Code of Business Ethics within three (3)days of request by the City? p YES 0 NO SECTION 17 — DRUG FREE WORKPLACE CERTIFICATION The Drug Free Workplace Certification is available at: https://www.miamibeachfl.gov/w,p-content/uploads/2019/04/DRUG-FREE-WORKPLACE-CERTIFICATION.psff By virtue of submitting bid, bidder certifies or affirms it has adopted policies, practices and standards consistent with the City's Drug Free Workplace Certification. SECTION 18 — LOBBYIST REGISTRATION REQUIREMENTS This solicitation is subject to,and all bidders are expected to be or become familiar with, all City lobbyist laws. Bidders shall be solely responsible for enst.ri g,th t'af City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non- compliance. By virtue of submitting bid, bidder certifies or affirms that they have read and understand the above Lobbyist Registration Requirements. SECTION 19— NON-DISCRIMINATION The Non-Discrimination ordinance is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances? nodeld=SPAGEOR CH2AD ARTVIPR DIV3COPR 52-375NSCCOREWA By virtue of submitting bid, bidder agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. SECTION 20 — FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No. 2016-4012 is available at: https://library.municode.com/fl/miami beach/codes/code of ordinances?nodeld=SPAGEOR CH62HURE ARTVFACHOR By virtue of submitting bid, bidder certifies that it has adopted policies, practices and standards consistent with the City's Fair Chance Ordinance. Bidder agrees to provide the City with supporting documentation evidencing its compliance upon request. Bidder further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement, in addition to any damages that may be available at law and in equity. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB DocuSign Envelope ID:FACD29F0-875E-4677-AE32-DFFFOFAD764F sty.:I OrION 11. ® F'I.18LIC ENTITY CRIMES Please refer to Section 287.133(2)(a), Florida Statutes,available at: hops://www.flsenate.gov/Laws/Statutes/2012/287.133 By virtue of submitting bid, bidder agrees with the requirements of Section 287.133, Florida Statutes, and certifies it has not been placed on convicted vendor list. DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB EXHIBIT "B" PROJECT LIMITS Below are the limits of the KIOSKS to be installed,operated,and maintained by the CITY under this AGREEMENT. State Road: • SR-A 1 A: Indian Creek Drive—From convergence with Abbott Ave at approx.25.85193,-80.12239 on the North to convergence with Collins Ave at approx. 25.84119,-80.12142 on the South SR-Al A: Collins Ave:From 88th St on the North to 5th St on the South SR-907:Alton Road—From convergence with 63rd St at approx.25.84348,-80.12769 to 5w St on the South .SR-A1 A: 5th St—From MacArthur Causeway on the West to Collins Ave on the East SR-A1A:Harding Ave—From 86th St on the North to 72nd St on the South SR-A.1A:Abbott Ave—.From 72°d St on the North to Indian Creek Dr on the South SR-934:Normandy Dr—From Bay Dr on the West to Collins Ave on the East SR-907: 63rd St—La Force Dr on the West to Indian Creek Dr on the East County: Miami-Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(Master Kiosk Agreement) Page 14 of 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB EXHIBIT"C" CITY OF MIAMI BEACH RESOLUTION [To be herein incorporated once ratified by the CITY Board of Commissioners.] Maintenance Memorandum of Agreement between Flonda Dcpanrnent ofTranspo:latlon and City ofMlaml Beach(:Master Kiosk Agreement) Page 1-5 of 16 DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB RESOLUTION NO. 2023-32759 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE AGREEMENT BETWEEN THE CITY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT AGREEMENT) RELATING TO THE INSTALLATION OF DIGITAL KIOSKS AT APPROVED LOCATIONS ON FDOT RIGHTS-OF-WAY; AND FURTHER APPROVING AMENDMENT NO. 1 TO THE AGREEMENT WITH IKE SMART CITY, LLC (AMENDMENT NO. 1 TO THE IKE AGREEMENT), FOR IKE TO ASSUME THE CITY'S OBLIGATIONS UNDER THE FDOT AGREEMENT; AND FURTHER, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE THE FDOT AGREEMENT AND AMENDMENT NO. 1 TO THE IKE AGREEMENT. WHEREAS,on August 25,2021,the Administration received an unsolicited proposal from IKE Smart City, LLC ("IKE"), pursuant to Section 255.065, Florida Statutes, to Design, Manufacture, Install, Operate and Maintain Interactive Digital Media Kiosks at certain sites throughout the City; and WHEREAS, on January 20, 2022,the Mayor and City Commission approved Resolution 2022-31989, accepting the unsolicited proposal pursuant to Section 255.065, Florida Statutes and authorizing the Administration to issue Request for Proposals (RFP) No. 2022-040-KB, seeking proposals from other interested parties for the same project purpose as the unsolicited proposal; and WHEREAS, on December 14, 2022, via Resolution 2022-32422, the Mayor and City Commission authorized the Administration to enter into negotiations with IKE, the top-ranked proposer, and if unsuccessful, to negotiate with Smart City Media, the second-ranked proposer, with the final negotiated agreement being subject to the prior approval of the Mayor and City Commission; and WHEREAS, on June 28, 2023, the Mayor and City Commission approved the essential business terms for the Agreement with IKE-Smart City, LLC to design, manufacture, install, maintain, and operate_interactive digital media kiosks; and further authorized the City Manager and City Clerk to execute an agreement with IKE consistent with the approved terms; and WHEREAS, on July 28, 2023, the City of Miami Beach executed an agreement with IKE Smart City, LLC ("IKE Agreement")for the design, manufacture, installation, maintenance, and operation of interactive digital media kiosks in the City of Miami Beach;and WHEREAS, some of the IKE digital media kiosks will be placed along or abutting certain rights-of-way under the jurisdiction of the Florida Department of Transportation ("FDOT Rights- of-Way") WHEREAS, before IKE can place any digital media kiosks along or abutting any FDOT Rights-of-Way, the City must enter into an agreement with the Florida Department of Transportation ("FDOT Agreement"), a copy of which- is attached to the Memorandum accompanying this Resolution; and DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB WHEREAS, under the FDOT Agreement, the City shall be responsible for installing, operating, and maintaining digital media kiosks and the necessary utilities along the approved FDOT Rights-of-Way pursuant to the terms and conditions of the FDOT Agreement;and WHEREAS, IKE has agreed to assume all of the City's responsibilities under the FDOT Agreement pursuant to Amendment No. 1 to the IKE Agreement("Amendment No. 1 to the IKE Agreement"),.a copy of which is attached to the Memorandum accompanying this Resolution;and WHEREAS; the Administration seeks the Mayor and City Commission's approval of the FDOT Agreement and Amendment No. 1 to,the IKE Agreement and authorization to execute same. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the agreement between the.City and the Florida Department of Transportation (FDOT Agreement) relating to the installation of digital kiosks at approved locations on FDOT Rights-of-Way;and further approve Amendment No. 1 to the Agreement with IKE Smart City, LLC (Amendment No. 1 to the IKE Agreement), for IKE to assume the City's obligations under the FDOT Agreement; and further, authorize the City Manager and the City Clerk to execute the FDOT Agreement and Amendment No. 1 to the IKE Agreement. PASSED AND ADOPTED this 9. day of 5-7?/' " 2023. ATTES SEP 2 0 2023 RAFAEL E. GRANADO, CITY CLERK DAN GELBER, MAYOR APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION• {1(?)-- g-3►—a-3 City Attorney#1 Date DocuSign Envelope ID:509B10E8-6C84-479B-A7AE-6927AAAB2DFB EXHIBIT "D" SUPPLEMENT AL AGREEMENT TO FLORIDA DEPARTMENT OF.TRANSPORTATION MASTER MAINTENANCE MEMORANDUM OF AGREEMENT FOR WAYFINDING KIOSK DEVICES WITH THE CITY OF MIAMI This Supplemental.Agreement, dated the day of 202 is entered into between the Florida Department of Transportation("DEPARTMENT")and the City of Miami Beach("CITY"). In accordance with the provisions of the Master Maintenance Memorandum Agreement ("MMOA") for the KIOSKS between the PARTIES, dated the._ day of _ . 20 , the PARTIES enter into this Supplemental Agreement for purposes of incorporating the following KIOSKS, pursuant to FDOT Permit No(s). _ , within the State right of way described in such Permit,copy attached hereto and incorporated herein by reference. By their signature below, the PARTIES hereby acknowledge that FDOT Permit No. _ for KIOSKS-on SR_ ,within the limits described in said Permit,.'is hereby incorporated into the MMOA, and the CITY shall comply with all installation, operations, and maintenance obligations thereunder and the PARTIES further agree to abide by all provisions thereunder. CITY OF MIAMI BEACH: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: By: By: Name: Name: Title: Title: Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(Master Kiosk Agreement) Page 16 of 16