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1THE CITY OF PLEASANT LIVING To: From: Date: Subject: Background: OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission November 07,2017 Agenda Item No.:L Steven Alexander, City Manager A Resolution authorizing the City Manager to purchase from Parker Systems a sole source distributor for T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, Corp., a Canadian federal corporation authorized to transact business in the state of Florida, twenty-five (25) new model, Luke II, Parking Multi- Space Pay Stations. The City in 2010, via Resolution 230-10-13264 purchased 38, Luke I pay stations. Since then, the City has purchased an additional 20, Luke II machines, via Resolution 202-11-13516, 185-15-14524 and 025-17-14826 respectively, which are the newest pay stations manufactured by T2 Systems Canada, Inc. Just recently, T2 Systems Canada announced "End of Support for the Luke I pay stations and will provide coverage for software and hardware until March 31, 2018. The company is citing "PCI compliance" (Payment Card Industry Security) which may be in jeopardy for the Luke 1 machines sold from 2009-2012. With the above mentioned and in anticipation of the retirement of the Luke I, the City of South Miami desires to purchase 25 Luke II automated parking pay stations from Parker Systems to retire 25 Luke I machines. Furthermore, within the FY 2017-2018 budget process, the City budgeted $250,000 for the expenditure which was adopted by the Mayor and Commission. Parker Systems maintains an exclusive, protected territory under contract with T2 Systems Canada, Inc; as such Parker Systems is the only distributor authorized to sell, deliver and service T2 Systems Canada, Inc. products. The Luke II parking mUlti-space pay stations are the only pay stations that are compatible with the City's current parking IRIS management system, hence making these pay stations the only viable pay station available for purchase by City of South Miami. Furthermore, no other pay station can provide the services we Amount: Account: Attachments: need without replacing the entire pay station management system. Parker Systems through T2 Systems, has agreed to honor the prices provided to the City of Miami Beach from their RFP in 2011. . Each new machine requires an additional regular operating cost of $35 per month, per machine, to operate the IRIS parking management software, which provides connectivity and reporting capabilities. An amount not to exceed $192,197.00 301.1410.513.6430, Finance Operating Equipment, with a current balance of $250,000. Resolution for approval T2 Systems Canada Quote T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, Corp Sole Source Letter City of Miami Beach agreement, from RFP #46-10-11 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to purchase from Parker Systems a 3 sole source distributor for T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, 4 Corp., a Canadian federal corporation authorized to transact busines,s in the State of 5 Florida, twenty-five (25) new model, Luke II, Parking Multi-Space Pay Stations. 6 WHEREAS, the City of South Miami desires to purchase automated parking pay 7 stations from Parker Systems; and 8 WHEREAS, Parker Systems maintains an exclusive, protected territory under 9 contract with T2 Systems Canada, Inc; as such Parker Systems is the only distributor 10 authorized to sell, deliver and service T2 Systems Canada, Inc. products; and 11 WHEREAS, the Luke lis parking mUlti-space pay stations are the only pay stations 12 that are compatible with the City's current parking IRIS management system, hence 13 making the pay stations the only viable pay station available for purchase; and 14 WHEREAS, no other pay station can provide the services in questions without 15 replacing the entire pay station management system; and 16 WHEREAS, Parker Systems through T2 Systems, has agreed to honor the prices 17 provided to the City of Miami Beach from RFP #46-10-11; and 18 WHEREAS, each new machine provides for an additional regular operating cost of 19 $35 per month, per machine, to operate the EMS software which provides connectivity 20 and reporting capabilities; and 21 WHEREAS, these funds are allocated in account number 301-1410-513-6430, 22 Finance Operating Equipment Capital Improvement Fund within 2017/2018 fiscal year 23 budget with a current balance of $250,000. 24 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 25 THE CITY OF SOUTH MIAMI, FLORIDA; 26 Section 1. The City Manager is authorized to purchase from Parker Systems a sole 27 source distributor for T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, Corp., 28 a Canadian federal corporation authorized to transact business in the state of Florida, 29 twenty-five (25) new model, Luke II, Parking Multi-Space Pay Stations. The purchase will 30 be made through a City of Miami Beach piggyback agreement, from RFP #46-10-11. 31 Section 2. Severability. If any section, clause, sentence, or phrase of this 32 resolution is for any reason held invalid or unconstitutional by a court of competent 33 jurisdiction, this holding shall not affect the validity of the remaining portions of this 34 resolution. 35 Section 3. This resolution shall become effective immediately upon adoption by 36 vote of the City Commission. 37 38 PASSED AND ADOPTED this __ dayof ,2017 39 ATTEST: APPROVED: 40 41 42 CITY CLERK MAYOR 43 44 COMMISSION VOTE: 45 Mayor Stoddard: 46 READ AND APPROVED AS TO FORM, Vice Mayor Welsh: 47 LANGUAGE, LEGALITY AND Commissioner Harris: 48 EXECUTION THEREOF Commissioner Liebman: 49 Commissioner Edmond: 50 51 CITY ATTORNEY 52 T2 Systems Canada Inc. 4321 Still Creek Drive Suite 330 Burnaby British Columbia V5C 6S7 Phone (888)687-6822 Fax (604)687-4329 " T2! r:,. " US Tax ID# 98-0603996 GST# 869107094 RT0001 Bill To: Sell To: Harrington Resources Inc. dba Parker SystE 1115 Bridgeway Blvd Orlando FL 32828-6182 United States Lynda Harrington ( 407)432-0869 IIhplace@aol.com 59-3457804 Harrington Resources Inc. dba Parker Sys 1115 Bridgeway Blvd Orlando FL 32828-6182 United States Lynda Harrington (407)432-0869 IIhplace@aol.com 59-3457804 SALES QUOTE 'QUote" QTESTD0000009244 Date!J" 9/19/2017 L,CXl<,!tion MAIN ,WP'e<' QUOTE Ship To: City of South Miami 6130 Sunset Dr. Miami FL 33143 United States Alfredo Riverol (305)663-6343 ariverol@cityofsouthmiami.net 59-6000431 11634 II GROUND I N30 101010000 I 54,757 Fhd.;~.I.~~'r;~~:i2507 City of South Miami ~~!El#j~r~qris>:.jShalini Diaz 900.0019 880.4066 100.0102 460.0051 880.4040 400.0303 100.1110 880.4030 880.4036 450.0033 115.0132 115.0132 450.0006 115.0108 115.0108 LUKEII-100B 38K-Solar-CBCx-x-P 38-Key Keypad 19W Dual SlimLine Solar Panel Coin Acceptor, Bill Validator, Credit Card Reader 2 Inch Thermal Printer P-Label, set of 2 Modem Kit-GSM HSPA-L2 (V5) Digital Connect Activation Fee-GSM SIM CARD-Digital Connect-AT&T -KORE Coin Shutter-L2-Included Cover-Printer-ULR/L2-lncluded Multilingual Software-Included Lock-Maintenance-L2-Match B77 Lock-Collections-L2-Match CL38 Key-Bill Stacker Access-L2 Bill Stacker 1000 Note-L2 Bill Stacker 1000 Note-L2-Spares Key-Hopp/Canister Acc-S/LR/L2 Coin Canister-L2 Coin Canister-L2-Spares SHIPPING -INCLUDED IN BASE PRICE 25 Ea 25 Ea 25 Ea 25 EA 25 Ea 25 Ea 25 EA 25 Ea 25 Ea 4 Ea 25 Ea 25 Ea 4 Ea 25 EA 25 EA 1 EA EA Iris quote provided separately. Order will not be accepted without signed Iris quote being returned to T2. EA Installation Provided By Parker Systems EA o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o $7,098.81 $7,098.81 $177,470.25 $353.19 $353.19 $8,829.75 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $124.00 $124.00 $3,100.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $111.88 $111.88 $2,797.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 T2 Systems Canada Inc. 4321 Still Creek Drive Suite 330 Burnaby British Columbia V5C 6S7 Bill To: Harrington Resources Inc. dba Parker S~ 1115 Bridgeway Blvd Orlando FL 32828-6182 United States QTESTD0000009244 9/19/2017 2 Ship To: City of South Miami 6130 Sunset Dr. Miami FL 33143 United States \1634 \ \ GROUND \ N30 \ 0/0/0000 \ 54,757 Installation Training not included in quote. Please review all details on this quote, including ship to address, EIN number, and key code. If you would like to proceed with placing this order, please submit a matching signed quote to fax 604.687.4329. *** Pricing in accordance with the City of Miami Beach Agreement*** *** RFP-46-10-11**' 1 EA Authorized Signature: FL COUNTYTAX$O.OO FL STATE TAX$O.OO Thank you for your businessl USD Terms and Conditions of Sale are available at http://www.t2systems.com/terms. o $0.00 $0.00 Please note that if sales taxes are not charged, if applicable, taxes should be lelf-assessed and remitted to the appropriate tax authorities. $0.00 $0.00 $192,197.00 12 Feb 7,2017 City of South Miami 6130 SW 72 St. South Miami, FL 33·143 USA Alfredo RiveroI pear Mr. RiveroI: 330·4321 Still Creek Drive Bum~y. BC V5C 6S7 Telephone 604·688·1959 Facsimile 604-687·4329 As a global leader in parking technology, T2 Systems (T2) offers high quality and reliable proprietary hardware and software products consisting of our LUKE, LUKE II and SHELBY pay stations, BOSS software, and EMS/Digitallris management system. This letter is to inform you that the LUKE, LUKE II and SHELBY hardware, BOSS software, and EMS/Digitallris management system are exclusive and proprietary of T2.T2 is the sole owner and manufacturer of the LUKE, LUKE II and SHELBY hardware, BOSS software, and EMSlDigitallris management system. No other software or management system will support this hardware. In addition. this letter is to confirm that Parker Systems is the exclusive Resellerchannel for sale and support of these products and services in the state of Florida. If you have any further questions please feel free to inquire with your sales representative or contact me . directly. Sincerely, Chris Chettle Chief Operating Officer chris.chettle@t2systems.com T2 Systems RESOLUTION NO. 2016-29423 . ·A RESOLUTION OF 'THEMAYOR 'AND CITY COMMISSION OF THE CITY OF MIAMI' BEACH; FLORIDA, APPROVING AND AUTHQ~IZING THE CITY MANAGER TO EXECUTE, SUBSTANTIALLY IN THIi FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO~ 1 1.'0 THE' AGREEMENT BElWEEN THE' CITY AND 12 SYSTEMS CANAQA, INC (T2,. SYSTEMS) FORMERLY KNOWN AS· ·DIGITAL PAYMENT tECHNOLOGIES· CORP. (DPT).· FOR PARKING: PRODUCTS AND .ASSOCIATED INSTALLATION AND ,MAINTENANCE S_ViCES. DATED AUGUST 10, ~012; SAID AMENDMENT EXTENDI~P THe WARRANTY COVERAGE UNDER THE AGREEMENT FO~' THE· . REMAINING THREE (3) YEAR' PERIOD. BASED UPO" THE E$TAfJLISHED RAtES. UNDER THE AGREEMENT; AND. FUJITHER EXrENDING THE TERM OF THE AGREE.MENT FOR AN ADDITIONAL THREE (3) YEAR PERIODi COMMENCING ON AUGUST 11. 2016 AND QPIRING ON'. AU~UST 10. 2019, COTERMINOUS WI"" THE EXTENDED WARRANTY TERM. " WHEREAS. on April 11, 2012, the Mayor and City Commls,lon approved Resolution.No. 2012-2789.1, relating to Request.for Proposals (RFP) NO. 46-10/11 for the purchase and Installation of new multi-space pay stations for the City', on-street and off-street parking locations; authorizing the Administration to enter into ~otlatlons With top ranked firm, Digital Payment Technologies Corp •• a Canadian corpo.~ion ("DPT"); and further authorizing. the Mayor and City Clerk to execute an agreement upon completion of successful negotiations by th, Administration; and '.' . WHEREAS, on August 10, 2012, the City and OPT executed ,n agreement pursuant to the RFP (the "Agi-eemenn; and . . WHEREAS, the Inl_lal term of the Agreement.was fora period of two (2) years, which could be extended for a further period by the parties in.writing; subJ~ct to the sole discretion and 'approval of the City; and, .' WHEREAS, the Agreement further provided the City with an initl~1 two (2) year .manufacturer's warranty. with. the option of extending the warranty cover~e for the pay stations for an addltlonal.five (5) years; and .. WHEREAS, the initial term expired on August 9, 2014 and the tel'l1l, including the extended warranty.· were also extended for an additional two (2) yeart, with a new expiration date of August·9, 2016; and . WHeREAS. the scope of the agreement related to the purchasfit of new multi· space pay stations has been completed and at this time the contract~r is providing exten~ed .maintenance and support to the existing equipment and real-tirite connectivity seNlcas and access to reporting software; and WHEREAS, effective as of January 1, 2015, OPT was purchased ~y T2 Systems June 8.2016 12 -Resolution Page2of2 Canada Inc .• a Canadian corporation ("T2 Systems"). ,and DPT'sCOrpOnlte name was changed to 12, Systems; and ' " WHEREAS, 'T2 Systems., a global leader' In parking technolOqy. offers high quality and reliable proprietary· hardware and software 'products, con,isting of their Oigital,Luke II pay stations, BOSS software. and DigHallris management jystem; and . . " . . " .. ~,' . v,tIHEREAS, the Digital Luke ueoss software,' and Digital, Irl, management system used by the City are exclusive and proprietary of T2 Systems arnt may only be SUPP,orted by: T2Systems; and ' , , ' , . wHEREAS, the City would be best served by exercising the remaIning 'additional three (3) year extended Wl0'8nty' period provided forir'i'the Agreement. a~ the pre- negotiated current'ra., and concurrently extendfngthe term of the Agriement so ,that , the City may continue to . receive conn~vity and· SUPPQrt seNH;:eS for #1e pay station 'syStem at the current rates, without the need to, replace the entire system;', , , ' NOW, THEREFORE-BE IT ,DULY ftESOLVED BY '(HE .YQR AND CITY COMMISSION OF THE elTY OF MIAMI BEACH, FLORIDA, that the' ~ayor allCl City Commlsslo,n 'hereby approve AmendmQnt No. 1 t~ the Agreement be~" the City and 12 Systems Canada. Inc. (T2 systems) formerly: known as Digital Payment TechnologIeS Corp., for par!dngprOdu<3 and associated installa~n an~ maintenanCe services, dated August 10, 2012; said amendment extending' the wari;nty coverage under t~ Agreement fo( the remaining three (3)' year ,PEi,riod. baf.eci upon the established I'$tes u~er the Agreement: and . further extending' the' term 'of the :Ag_ment for an add~onal three (3) year period, commencing on Aug~Sl11i 2016 and expiring on August 10. 2019, coterminous With the extended warranty tenp.. ,PASSED and ADOPTED this I . day of -June.. 2()16. AneST: We 0IfI committed 10 pIOvidinslllCBllen' publiC ~CII CIIId ",fel)llo on who l/wt. work. ond ploy Itt COMMISSION IT~ SUMMARY CondenBed Titte' . A Resolution Approving And Authorizing The City Manager To Execute, Su~stantlally In. The Form Attached To This Resolution, Amendment No. 1 To The Agreement Between The Olty And T2. Systems Canada, Inc (T2 Systems) Formerly Known As Digital Payment Technologies ~orp. (DPT), For Parking Products And AssocIated Installation And Maintenance Services, Dated AugU,~t 10, 2012; Said· Amendment Extending The· Warranty Coverage Under The Agreement For Th, Remaining Three (3) Year Period, Based Upon .The Established Rates Under The Agreement; And Further extending Th8 Term Of The Agreement For An Additional Three (3) Year Period; Commencing On August 11, 2016 And expiring On August 10, 2019, Coterminous With The extended Wa~ty Tenn. Key Intended Outcome SUDDorted: ; ~ Streamline Ute delivery of services through all departments. ~ SUPpOrting Data (Survey., Environmental Scan, etc.): .The City has a total of 4,~6 metered spaces in parking lots and 3,888 on-street metered spaces. . . Item SummlllYlRecommendatlon: .. On August 10, 2012, the City entered into. an agreement with Digital Payment Technplogles Corp. (-DPr) pursuant to the Mayor and Commissions award of Request for Proposals (RFP) No. 46-10/11 for the purchase and instal/atlon of new multl.space pay stations for the City's on-street ;nd off-street parking locations.· .. The term of the Agreement was for a period of two (2) years which could be extendecf. for a further period by the: parties in writing subject to the sole discration and approval of the City. ·111~ initial term ~ August 9, 2014 and was extended for an addItional two (2) years with a new· expiration of AugU8~ 9, 2018. Additionally, OPT, a Canadian corporation W8$ purchased by 12 Systems Canada Inc., a Canadian corporation as of January 1, 2015; therefore, all references to OPT throughout the Agreement shall be replaced with 12 Systems Can,de Inc., a Canadian corporation ("12 Systems-). , The scope of the agreel'l)8nt related to the purchase of new mulU-space pay stations has been completed. At this time, the conbactor Is providing extended maintenance and support t9, the existing equipment. Additionally, they are providing real-time connectivity services and ~. to reporting soflware. The City would be best served by continuing serviceS by the cUrrent provider since it Is I'I9l feasible to replace the entire system.· To this end, an Amendment to the Agreement is necessary in order to extend the current agreement. . . AdminIstration Recommendation: Adopt the Resolution. . Financial Information: Source of Amount Funds: 1 428,200 ~ ~' 2 282;000 \ 3 OSP, Total 710,200 FlnanciallmlHlct Summary: . I Saul Frances Si n-Offs:· Department DireCtor T:1AGENDA\2016UuneIParklng\T2Amend1-sum.doClC MIAMI BEACH i .I .j ccount ~ JlO"c)482-DO0325 ·1 480-0463-000325. , jt:i l/' AGENDA ITEM DATE -. : .- " MIAMI BEACH CIty of MfamIBeach. 1700 ConventronCenter Drive. MIami Beach. florida 33139, www.mlamlbeachfl-QOV COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission fROM: J'mmy L.MOIa~ cay Mantlgat j71' h -It-. DATE: , June 8, 2016, ' SUBJECT; A ReSOLUTION OF THE MAYOR ANDCITYCOMMIS$ION OF THE , CITY OF MIAivll, BEACH. FLORIDA, APPROVING AND AUTHO~IZING THE CITY MANAGER TO EXECUTE, SU.BSTANTIALlY 1"-THE fORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO.1 TO THE, AGREEMENT' BETWEEN ,THE ciTY: AND T2 'SVfTEMS CANADA, INC (T2SYSTEMS) FORMERLY KNOWN AS q"GITAL 'PAYMENT TEC~N~lOGIES ,CORP. (DPT). ·FOR 'Pf\,u<ING PRODUCTS AND, ASSOCIATED INSTALLAnON AND MAINTENANCE 'SERV'CaS.' DA-:n;O AUGUST, 10, 2012; S~D AMENDMENT EX~NDING"THE WARRANTY COVERAGE UNDER THE'AGREEMENT FOR THE HE,MAINING THREE (3) YEAR: PfRIOP, BASED UPON THE, ESTABLISHED, RATES 'UNDE~ THE AGREEMENT; AND FURTHER EXTENDING THE TERM qF THE AGREEMENT FOR AN ADDmONALTHREE, (3) YEAR P~OD, . COMMENCING ON' AUGUST ii, 2018 AND EXPIRING ON APGUST 10, 2018, COTERMINOUS, WITH THE EXTENDED wAI$ANTY TERM. . , .. I ADMINISTRATION RECOMMENDATION Approve Amendment No. 1 to the Agreement between the ,City Of Miami pe.ch and T2 Systems Canada Inc. for parking products and asSociated installation and maintenance services., ' BACKGROUND AND ANALYSIS On April 11, 2012, ttIe Mayor and City Commission approved Resoluijon NQ. 2012· 27891, relating to Request for P~posals (RFP) No. 46-10/11 for the purchase and installa~lon of new multi-space pay, stations for the City's on-street, p~~ing 10Ctitions; authorizing the, Administration, to ,enter into negotiations with tap rank" ,firm," Digital Payme~t Technolpgies Corp. ('1)PT,,); and further authorizing the Mayo{ ,nd City'Clerk to 'executc! an agreement 'upon compfe~on of succe~ful negotiliitions by the Administration. :. On August 10, 2012, .the City entered into an agreement with OPT, pursu,nt to the RFP for the purchase and installation of new multi-space pay stations for the City's on-street and off-street parking locations. June 8, 2016 T2 -Amendment No.1 Page 2 o.f3 T2 Systems (T2). a globalle~der in parking technology. offers high quality and reliable proprietary ~ardware and software products consisting of theirDlgita! Luke II pay stations. 80SS software, and Digital Iris management system. The Digital Luke II· BOSS software. and Digital Iris management system used by the City are exclusive and proprietary of T2. More specific details around t~e proprietary nature of these products Inciude: . • • • • • • The Digital Iris SaaS (Software as a SeNlce) connecting all Digital Luke II pay stations Is developed and hosted by T2. systems. No other software or management system other than Iris will support the Digital Luke II hardware. Firmware required to maintain PCI compliance (In the Digi~1 Luke II pay station may only be developed and supported by T2. . . Specific components in the pay station, such as the printera~ its firmware. have been designed with a third party to only work with the Olg"al Luke II pay station and may only be sourced through T2. . . Any attempt to change' out any component within the Digit,1 Luke II pay station would Void the existing CSAlUL listing. The Digital Luke II pay station will only support rates an~ configuration settings provided by T2's BOSS configuration software. The ~igital. Luke II pay station has a unique industrial deslQn that is only manufaQtured and supplied by T2. . The term of the Agreement was for a period of two (2) years which coultJ be extended . for a further period by the parties in writing subject to· the sale discretion ~"d approval of the City. The Initial term expired August 9. 2Q14 and was extended for a'1 ~ditlonal two (2)yeFilrs, Including the corresponding extended warranty with a ne~ expiration of August 9. 2016. . The Agreement further provided the City with an additional two (2) year manufacturer's warranty, with the option of extending the maintenance and warran" for the pay stations for an additional five. (5) years. . The scope of the agreement related to the purchase of new multi-spac, pay stations has been completed. At this time, the contractor is providing extendecj maintenance and support to the existing equlpmenl Additionally, they are provi~lng real-time connectivity services and access to reporting software. . Additionally. OPT, a Canadian corporation was purchased by T2 System, Canada Inc .• a Canadian corporation as of January 1, 2015; therefore. a" references to OPT throughout the Agreement shall be replaced with T2 Systems Canada In9 .• a Canadian corporation (''T2 Systems"). . The City would be best served by continuing services by the current provider since it is not feasible to replace the entire system. To this end. an Amendment to 1t.le Agreement is necessary in order to extend the current, agreemenl ' . We Olfl commit!ed to providing eJtC4l/oo, puhllC seM.:e ond &Of~ to 011 who itt'S, WO/k. and plO)' ill CUt vlbiont trop!COl, hiSlOl/C communl~, June 8, 2016 . T2 ... Amendment No.1 page.30f3 Therefore, the AdmtnlstratiQn r8CQf1:1mends executing an Amendm~nt to Jhe Agreement, eXtending· the . term of the Agreement.and the extended warranlyperiod for an additional period of" three yearS, commencing on August 11,2016 .and expiring Qn August 10, ~~. ....... . Plea. note T2 Is agreeable to the extension of the existing agreement uflder the sarrie teimsan~. conditions! . RECOIVIM~NDAnON IUs reeommeridedthat the Mayor and CitY· Commission approve Amen~ment No.1 to the !lgreement .between the City of Miami Beach and T2 Systems Canada. Inc., substa~ in the fOrm attached : hereto as ExhlbitA JLMIK~F . . . T:\AGENOAIZQ18\June\Pallclna\UAmendt.MEMO.doex Exhibit A -PropQSed Amendment No.1 We 0(8 commUted '" plovIdlns ~Ko:eI1en1 publJc seMce and IOfe~· 10 all who kWi. Wl)fA, ond ploy '" our vtbionl, lropicol, hi$1OI1C CQlMlvnity. AM§NDMENT NO.1 TO AGREEMENT FOR PARKING PRODUCTS AND AS,OCIATED INSTALLATION AND M~INTEHANCE SERVICES' ,. This Amendmel"lt No.1 (the "Amendment·) to the Agreement for parking prodl:lcts and associated installatiOn and maintenance .J8N. dated ~gust 10, 2012 (the "Agreemenf) is made and entered Into this -2lday of ~ ~ , 2016, by and betweellthe CIlY OF MIAMI BEACH, a municipal corporation organized and existing under the laws Qf the State of Florida (hereinafter referred to as the "City") and T2 SYSTEMS CANADA, INC. a Canadian corporation, authorized to do business In the state of florida (T2 Systems) form~y known as Digital Payment Technologies Corp., a Canadian corporation (OPT), and here~y amend the Agreement as follows: ,.'" . RECITALS ~REAS. on April 11.2012. the Mayor and City Commission approved f\esolution No. 2012-2~891~ relating to Request for Proposals ,(RFP) No. 46-10/11 for the. purchase and instal~tion of ,new multi-spac.e pay stations for,the City's on-street andoff-~ parking loCations; authorizing' the Administration to enter into negotiations with top ranktW. firm,' Digital Payment Technologies Corp., a Canadian corporation (-OPT;; and further ~¢.horlzing the Mayor and City Clerk to execute an agreement upon completion of successful ~otiatlons by the AdminIStration: and. ' . WHEREAS, on August 10, 2012, the City and OPT executed an agreem~t pursuant to theRFP (the uAgreemenf); and : ' , WHEREAS, the Initial term of the Agreement was for a period of two (2) years, which could be extended for a further period by the parties in .writing, subject to the sole ~scretion and approval of the City; and· WHEREAS, the Agreement further provided the City with an initial ~o (2) year manufacturer's warranty, with the option of extending the warranty coverage for the pay station system for an additional five (5) years; and WHEREAS, the initial term expired on August 9, 2014 and the tenn, Including the extended warranty coverage, were extended fo~ an additional two (2) years, withe new expiration of August 9. 2016; and WHEREAS, effective as of January 1, 2015, OPT was purchased by T2 Systems Canada Inc;, a Canadian corporation ("T2 Systems; and OPT's corporate name was changed to T2 Systems and; and WHEREAS, the City has decided to exercise Its option to extend ~he wa"lnty coverage for years five (5) through seven (7) ofthe Agreement; and ' WHEREAS. on June ,8, 2016, the Mayor and City Commission adopted Resolution No. 2016-29423 • approving and authorizing the City Manager to execute this Amendment, extendlng'the ~rranty coverage, based upon the current rates set forth In the A~reement, and further extending the term of the Agreement for an additional three years, co.mmenclng on August 11, 2016 and expiring on August 10, 2019, coterminous with the exteli~ed warranty term. " I t .• .NOW,. THEREFORE, for and in consideration of the conditions afl(f ~venants hereinafter COl')tained .net othet gocci arid valuable cons~eratlon, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: . . . . . 1. AlOVE RltITALS. . The' above' recitals ·.are·true· and correct and are incorpora~ecf herein as part of this . Amendment. . . . . 2. MODIFIcAtIONS •. The Agreement Is hereJ)y modified as follows: A. All references·to Oigit-' Payment Technologies· Corp., a CanadisflcorpOration (-DPT")throughouUhe Agreement shall be replaced with T2 Systems Qanada Inc .• a . . Canadian Corporatio" (,,12 Systems,. '~. The Term of the Agreement (Including the extended. warranty covelJge. as more . p8rti~larJy set· forth .in ExhllJit A· to the Agreement) Is hereby e,..nded for an ·~"ditional period of three (3) yeara, commencing on August .11, 2016 an.d expiring on A~ust 1 fl. 2019. • .. . .. . . .. .. . . . . 3 •. RATiFiCADON. . Except as·amended .hereini .all other terms and conditions of.theAgreeme~ shall remain unchBflged and In full force. and effect. In the. evant there is a conflict betweetl theprovisfons . of this Amendment and the Agreement, the proVIS/~ of this Amendment shaD gOY!!fTI. IN WITNESS WHEREOF: the City and T2 Systems have caused this Am~"dment to be ex~ed by their respeCtive and duly authorized officer&. the day and year first hereinabove written. .. . . . .. FLORIDA. T2SYSTEMS CANADA, INC. T:\AGENDAl2016Vune\Psddng\T2Amend1-AMEND.docx