Broward County Commission Regular Meeting
Director's Name: George Tablack
Department: Finance and Administrative Services Division: Purchasing
Information
Requested Action
title
A. MOTION TO APPROVE sole source designation for M2mobi Digital Airport Platform to provide continuing support and maintenance services for software that provides essential digital passenger-facing services at the Broward County Fort Lauderdale-Hollywood International Airport.
ACTION: (T-12:15 PM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0. Commissioner Udine voted in the affirmative telephonically.
B. MOTION TO APPROVE Technology Products Agreement between Broward County and M2Mobi LLC, for M2mobi Mobile Application Support and Maintenance, which will provide continued maintenance and support for M2mobi Digital Airport Platform (DAP), and includes Optional Services of up to $3,520,000 to enable future enhancements and integrations with relevant airport systems, for Broward County Aviation Department, for a total five-year not-to-exceed amount of $4,125,000; and authorize Mayor and Clerk to execute same.
ACTION: (T-12:15 PM) Approved. (Refer to minutes for full discussion.)
VOTE: 9-0. Commissioner Udine voted in the affirmative telephonically.
body
Why Action is Necessary
A. In accordance with the Broward County Procurement Code, Section 21.25, Sole Source Procurement, a sole source procurement above the award authority of the Director of Purchasing must be approved by the Board.
B. In accordance with the Broward County Procurement Code, Section 21.47(a), Award and Execution Authority, the Board shall make all awards, and authorize the execution of the associated contracts, with a value of more than $500,000, inclusive of the value of any renewals or extensions provided for in the contract, and pursuant to Section 332.0075(3)(b), Florida Statutes, a governing body must approve, award, or ratify all contracts executed by or on behalf of a commercial service airport over the threshold amount provided in Section 287.017 for CATEGORY FIVE [i.e., $325,000] as a separate line item on the agenda and must provide a reasonable opportunity for public comment. Such contracts may not be approved, awarded, or ratified as part of a consent agenda.
What Action Accomplishes
Motion A and B. Approves the sole source designation for M2Mobi LLC, to provide continuing support and maintenance services and future enhancements for the Broward County Aviation Department.
Is this Action Goal Related
No
Previous Action Taken
None
Summary Explanation/Background
THE PURCHASING DIVISION AND THE AVIATION DEPARTMENT RECOMMEND APPROVAL OF THE ABOVE MOTIONS.
The Office of Economic and Small Business Development (OESBD) did not assign participation goals for this contract based on the sole source request.
The purpose of this agreement is to allow Broward County to procure support and maintenance for the current M2mobi Digital Airport Platform (DAP). The DAP provides essential passenger facing services and allows for enhancements and integrations with airport systems including wayfinding and Global Positioning System (GPS) real-time location and navigation cues termed, blue dot point to point navigation system, security line wait times, and parking reservations.
On June 3, 2014 (Item No. 34), the Board approved the Geographic Information System Consulting Services Agreement ("GIS Agreement”), resulting from Request for Proposals No. R1137002P1, between Broward County and Arora Engineers, Inc. in the not-to-exceed amount of $5,000,000, including the following sub-contractors: Grafton Technologies, Inc.; Visitronix, Inc.; RADISE International, LLC.; Keith and Associates; and Environmental Systems Research Institute, Inc. (ESRI) for:
• GIS Data Acquisition, Conversion, Migration, Maintenance, and Compliance
• Geospatial Database Design, Modeling, and Implementation
• GIS Requirements Analysis and Application Design
• GIS Application Development, System Integration, Testing, and Deployment
• GIS Application Maintenance and Support
• General GIS Support, Training and Advisory Services
On May 7, 2019 (Item No. 2), the Board approved the First Amendment to the GIS Agreement, extending the contract through June 3, 2021. As a result, Work Authorization No. 6 was issued on January 31, 2020, to acquire and implement M2mobi DAP. Final Acceptance occurred on or about January 26, 2022.
On November 18, 2022, the Purchasing Division issued a Request for Information (RFI) Notice of Intent No. TEC2125349F2 sole source/sole brand support and maintenance services from M2Mobi LLC, for passenger facing subscription services and to allow for feature enhancements and integrations with airport systems including wayfinding, blue dot point to point navigation, security line wait times, parking reservations, news alert push to device, and promotional messaging. The RFI yielded one response from Salesforce, Inc. Per Broward County Aviation Division (BCAD), because DAP has already been competitively solicited and implemented through the GIS Agreement, the County wishes to continue maintaining the recently installed system that meets all of BCAD’s minimum requirements. As such, the Director of Purchasing recommends approval of this sole source designation (Exhibit 1).
The Purchasing Division has reviewed the prices submitted by M2Mobi LLC, and determined that the prices submitted are fair and reasonable based upon a comparison to the previous contract pricing.
The initial contract period shall begin upon date of award and will terminate one-year from that date. There are four additional one-year renewal terms.
The agreement has been approved as to form by the County Attorney’s Office subject to the below disclosures.
The proposed agreement includes nonstandard provisions for indemnification and limitation of liability (i.e., indemnification limited to third-party IP infringement claims and claims arising from bodily injury or death; and liability capped at twice the amount paid for services for the 12 months preceding a claim, excluding liability arising from disclosure of County confidential information, IP infringement claims, and indemnification obligations). Both proposed provisions were heavily negotiated by the County Attorney’s Office, are not unusual in the industry, and are recommended by BCAD for approval because of the level of acceptable risk, scope of the project, and current use.
The amounts referenced in this agenda item were rounded to the nearest whole dollar.
Vendor payments will be based on the actual usage.
Source of Additional Information
Robert E. Gleason, Director, Purchasing Division, (954) 357-6070
Fiscal Impact
Fiscal Impact/Cost Summary
Expenditures from this agreement are budgeted in the Aviation Department’s Operating Fund 512730.
Requisition No. AVI0002079