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Res No 074-19-15346RESOLUTION NO: 7 4 -19 -1 5 3 4 6 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, five (5) new model, Luke II, Parking Multi -Space Pay Stations. WHEREAS, the City of South Miami desires to purchase additional automated parking pay stations through T2 Systems Canada, Inc.'s exclusive distributor, Parker Systems, and the City will use the current City of Miami Beach contract that was competitively solicited under RFP #46-10/11; and WHEREAS, the City is currently using the T2 Systems Canada, Inc. pay station system and pay stations that it manufactures. This system and these pay stations are proprietary and cannot be. linked with pay stations purchased from other manufacturers; and WHEREAS, 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 System Canada, Inc., products; and WHEREAS, T2 Systems Canada, Inc. has agreed to honor the prices provided to the City of Miami Beach from RFP #46-10-11; and WHEREAS, each new machine provides for an additional regular operating cost of $35 per month, per machine, to operate the EMS software which provides connectivity and reporting capabilities; and WHEREAS, these funds are allocated in account number 301-1410-513-6430, Finance Equipment Capital Improvement Fund within 2018 /2019 fiscal year budget with a current balance of $43,984.25. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized 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, five (5) new model, Luke II, Parking Multi -Space Pay Stations. The purchase will made through a City of Miami Beach piggyback agreement, from RFP #46-10-11. A copy of the City of Miami Beach agreement, the letter renewing the agreement and the piggyback agreement with the City of South Miami are attached Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent Page 1 of 2 Res. No. 74-19-15346 jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this 18th day of June, 2019. ATTEST: C •� CITY CLEW APPROVED: COMMISSION VOTE: READ AN !� PROVED AS TO FORM, LANGU , LEGALITY AN X U ION Mayor Stoddard: Ti N THEREOF Vice Mayor Harris: Commissioner Welsh: Commissioner Liebman: C ATTORNEY Commissioner Gil: Yea Yea Yea Yea Yea Page 2 of 2 Agenda Item No:1. City Commission Agenda item Report Meeting Date: June 18, 2019 Submitted by: Steven Kulick Submitting Department: Finance Department Item Type: Resolution Agenda Section: Subject: 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, five (5) new model, Luke II, Parking Multi -Space Pay Stations. 3/5 (City Manager -Finance Dept.) Suggested Action: Attachments: CM Memo Parker Systems 5.31.19.docx rev6.6.19Resolution Parking Pay Station Piggyback 5.31.19.doc Quotation 20172310 from_Parker Systems.pdf Res. 185-15-14524 T2 Systems Canada.pdf City of Miami Beach Renewal R206-29432.pdf CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM TO: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: June 18, 2019 SUBJECT: 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, five (5) new model, Luke ll, Parking Multi - Space Pay Stations. BACKGROUND: The City of South Miami desires to purchase automated parking pay stations from Parker Systems, a sole source distributor for T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, Corp., using the City of Miami Beach, RFP #46-10-1 1 through a piggyback agreement. Parker Systems has agreed to honor the prices provided to the City of Miami Beach from RFP #46-10-1 1, expiring on August 10, 2019. Each new machine provides for an additional regular operating cost of $35 per month, per machine, to operate the EMS software which provides connectivity and reporting capabilities. These funds are allocated in account number 301-1410-513-6430, Finance Equipment Capital Improvement Fund within 2018/2019 fiscal year budget with a current balance of $43,984.25 AMOUNT: $40,147.50 ACCOUNT: 301-1410-513-6430, Finance Equipment Capital Improvement Fund ATTACHMENTS: Resolution Quotation, Parker Systems Piggyback Agreement, Resolution 185-15-14524 City of Miami Beach Renewal Extension, Resolution No. 2016-29423 2 Parker Systems 1115 Bridgeway Blvd. Orlando, FL 32828 US (407) 432-0869 lynda@parkersystemsplace.com 2017-2310 ADDRESS SHIP TO Carlos Marenco Carlos Marenco City of South Miami City of South Miami DATE TOTAL 6130 Sunset Drive 6130 Sunset Drive 05/30/2019 South Miami, FL 33143 South Miami, FL 33143 ACTIVITY OTY RATE AMOUNT 900.0019 5 7,098.81 35,494.05 Luke II-100B 38 Key Solar/Coin/Bill/Credit/Printer 880.4105 5 353.19 1,765.95 Modem Kit - Int LTE With GSM - L2 V5 880.4040 5 62.50 312.50 Coin Shutter - L2 115.0108 5 0.00 0.00 Coin Canister Box Assembly - 1 2 115.0132 5 0.00 0.00 Bill Stacker - 1000 Note, with lock 460.0051 5 0.00 0.00 SIM Card - Digital Connect - AT&T KORE 100.0102 5 0.00 0.00 Digital Connect Wireless Data Activation Fee 100.1110 5 0.00 0.00 Multilingual Software (per pay station) Installation 5 265.00 1,325.00 Installation, Set up, Testing (on existing pads) Tier II Support 5 250.00 1,250.00 Annual Tier II Support and Maintenance TOTAL $40,147.50 Accepted By Accepted Date THANK YOU. 6 RESOLUTION NO: 18 5 —15 —14 5 2 4 A Resolution authorizing the City Manager to purchase from T2 Systems Canada, Inc., f/k/a Digital Payment Technologies, Corp., three (3) new model, Luke 11, Parking Multi -Space Pay Stations WHEREAS, the City of South Miami desires to purchase automated parking pay stations from T2 Systems Canada, Inc., using the City of Miami Beach contract number 86910 7094 RT0001 terms and conditions; and WHEREAS, T2 Systems Canada, Inc. has agreed to honor the prices provided to the City of Miami Beach from RFP #46-10-11; and WHEREAS, each new machine provides for an additional regular operating cost of $35 per month, per machine, to operate the EMS software which provides connectivity and reporting capabilities; and WHEREAS, these funds are allocated in account number 301-1410-513-6430, Finance Equipment Capital Improvement Fund within 2015 /2016 fiscal year budget with a current balance of $30,000. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to purchase from T2 Systems Canada, Inc., previously known as Digital Payment Technologies, Corp.; a Canadian federal corporation authorized to transact business in the State of Florida, three (3) new model, Luke II, Parking Multi -Space Pay Stations to be placed throughout the City of South Miami. The purchase will made through a City of Miami Beach piggyback agreement, from RFP #46-10-11. A copy of the City of Miami Beach agreement, the letter renewing the agreement and the proposed piggyback agreement with the City of South Miami are attached Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. 7 Pagel of 2 Res. No. 185-15-14524 PASSED AND ADOPTED this 1 7ttiay of November, 2015. ATTEST: �LCsGC�, CITY CLERK READ AND AP OVE - AS TO LANGUAG,LEG D EXEC HEREOF AIXORN EY RM, :UTION APPROVED: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Liebman: Yea Commissioner Welsh: Yea Commissioner Edmond: Yea E:1 Page 2 of 2 CONTRACT FOR PARKING PRODUCTS AND ASSOCIATED INSTALLATION AND MAINTENANCE SERVICES THIS AGREEMENT made and entered into this edgy of 0dXV1?M , 202C by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City") and TZ_ems Canada Inc., (hereinafter referred to as "Contractor'). WITNESSETH: WHEREAS, the City of Miami Beach solicited bids, pursuant to RFP #46-10/11. for Parking Products and Associated Installation and Maintenance Services; and WHEREAS, the City of Miami Beach, after completing a competitive bidding process, awarded a contract to Contractor, and WHEREAS, the City of South Miami desires to utilize the City of Miami Beach Contract and pursuant to authority of the City of South Miami's Charter. NOW, THEREFORE, the City and the Contractor, each through their authorized representativelofficial, agree as follows: 1. The City desires to enter into a Contract, under the same terms and conditions as set forth in the solicitation and the agreement between City of Miami Beach and Contractor, pursuant RFP #46-10/ 11. 2. The City has reviewed the contract and agrees to the terms and conditions and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such services under the same price(s), terms and conditions as found in the solicitation documents and the response to the solicitation, pertinent copies of which are attached hereto as Exhibit A and made a part hereof by reference, and the agreement and/or the award between City of Miami Beach and Contractor., pursuant RFP #46-10/11, a copy of which, including any amendments and addendums thereto, is attached hereto and made a part hereof by reference. 3. All references in the contract between City of Miami Beach and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of the City, as set forth in the City of Miami Beach's RFP #46-10/11 and its agreement with Contractor, shall be made by the City Manager for the City of South Miami. The term of the contract, including all extensions authorized by the contract shall not exceed five years. Notwithstanding anything contained in the RFP #46-10/11 or the City of Miami Beach contract to the contrary, this agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami -Dade County, Florida. 4. Public Records: Contractor and all of its subcontractors are required to Thomas F. Pepe — 7-16-14 Pagel of 3 comply with the public records law (s.119.0701) while providing goods and/or Services on behalf of the CITY and the Contractor, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. S. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 6. Validity of Executed Copies: This agreement may be executed in several counterparts, each of which may be construed as an original. 7. Governing Yaws and Venue: This Agreement and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami -Dade County, Florida. a. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 9. Severabiiity: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such tern or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned. representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials and to be attested by their respective CIerks the day and year first above written. 17 Systems Canada Inc: By: (type name and title of signatory above) A ES B aria M. e , CMC City Clerk Thomas F. Pepe — 7-16-14 CITY OF MIAMI By: en Alexander City Manager Page 2 of 3 10 Read and Approved as to Form, Language, Legality and Execution Thereof Bk. Thomas F. Pepe City Attorney 7Umss F. Pepe — 7-16.14 Page of3 11 RESOLUTION NO. 2016-29423 A RESOLUTION OF -THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND T2 SYSTEMS CANADA, INC (T2 SYSTEMS) FORMERLY KNOWN AS DIGITAL PAYMENT TECHNOLOGIES- CORP. (DPT), FOR PARKING PRODUCTS AND ASSOCIATED INSTALLATION AND MAINTENANCE SERVICES, DATED AUGUST 109 2012; SAID AMENDMENT EXTENDING THE WARRANTY COVERAGE UNDER THE AGREEMENT FOR THE REMAINING THREE (3) YEAR PERIOD, BASED UPON THE ESTABLISHED RATES UNDER THE AGREEMENT; AND FURTHER EXTENDING THE TERM OF THE AGREEMENT FOR AN ADDITIONAL THREE (3) YEAR PERIOD, COMMENCING ON AUGUST 119 2016 AND EXPIRING ON AUGUST 109 2019s COTERMINOUS WITH THE EXTENDED WARRANTY TERM. WHEREAS, on April 11, 2012, the Mayor and City Commission approved Resolution No. 2012-27891, relating to Request for Proposals (RFP) No. 46-10/11 for the purchase and installation of new multi -space pay stations for the City's on -street and off-street parking locations; authorizing the Administration to enter into negotiations with top ranked firm, Digital Payment Technologies Corp., a Canadian corporation ("DPT"); and further authorizing the Mayor and City Clerk to execute an agreement upon completion of successful negotiations by the Administration; and WHEREAS, on August 10, 2012, the City and DPT executed an agreement pursuant to the RFP (the "Agreement`); 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 discretion and approval of the City, and WHEREAS, the Agreement further provided the City with an initial two (2) year •manufacturer's warranty, with the option of extending the warranty coverage for the pay stations for an additional five (5) years; and WHEREAS, the initial term expired on August 9, 2014 and the term, including the extended warranty, were also extended for an additional two (2) years, with a new expiration date of August 9, 2016; and WHEREAS, the scope of the agreement related to the purchase of new multi - space pay stations has been completed and at this time the contractor is providing extended maintenance and support to the existing equipment and real-time connectivity services and access to reporting software; and WHEREAS, effective as of January 1, 2015, DPT was purchased by T2 Systems 12 June 8, 2016 T2 — Resolution Page 2 of 2 Canada Inc., a Canadian corporation (72 Systems"), and DPT's corporate name was changed to T2 Systems; and WHEREAS, T2 Systems, a global leader in parking technology, offers high quality and reliable proprietary hardware and ' software products, consisting of their Digital Luke II pay stations, BOSS software, and Digital Iris management system; and WHEREAS, the Digital Luke II BOSS software, and Digital Iris management system used by the City are exclusive and proprietary of T2 Systems and may only be supported by T2 Systems; and WHEREAS, the City would be best served by exercising the remaining additional three (3) year extended warranty period provided for in the Agreement, at the pre - negotiated current rates, and concurrently extending the term of the Agreement so that the City may continue to receive connectivity and support services for the pay station system at the current rates, without the need to replace the entire system. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIANH BEACH, FLORIDA, that the Mayor and City Commission hereby approve Amendment No.1 to the Agreement between the City and T2 Systems Canada, Inc. (T2 systems) formerly known as Digital Payment Technologies Corp., for parking products and associated Installation and maintenance services, dated August 10, 2012; said amendment extending the warranty coverage under the Agreement for the remaining three (3) year period, based upon the established rates under the Agreement; and further extending the 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 warranty term. PASSED and ADOPTED this .1 day of -1kne. 2016. ATTEST: W,oP EL E: JLNUKGB/SF TEa t'zgenda%2o16WnaVaf*c ' APPROVED AS TO FORM & LANGUAGE Dore • 13 We we czar wftd io pwft awegew public wane and solely io d vdw lenword, and playplay41W h . Ha hWa tr oaaursu hy. COMMISSION ITEM SUMMARY Condensed Title: A Resolution Approving And Authorizing The City Manager To Execute, Substantially In The Form Attached To This Resolution, Amendment No. 1 To The Agreement Between The City And T2 Systems Canada, Inc (T2 Systems) Formerly Known As Digital Payment Technologies Corp. (DPT), For Parking Products And Associated Installation And Maintenance Services, Dated August 10, 2012; Said Amendment Extending The Warranty Coverage Under The Agreement For The Remaining Three (3) Year Period, Based Upon The Established Rates Under The Agreement; And Further Extending The Tern 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 Warranty Temp. Ke Intended Outcome Supported: Streamline the delivery of services through all departments. Supporting Data (Surveys, Environmental Scan, etc.):.The City has a total of 4,636 metered spaces In 1*"g lots and 3,888 on -street metered spaces. Item Summary/Recommendation: On August 10, 2012, the City entered Into an agreement with Digital Payment Technologies Corp. rDPT7 pursuant to the Mayor and Commissions award of Request for Proposals (RFP) No. 46-10111 for the purchase and installation of new multi -space pay stations for the City's on-*eet and off-street parking locations. The 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 discretion and approval of the City. • The Initial term expired August 9, 2014 and was extended for an additional two (2) years with a new explration of August 9, 2016. Additionft DPT, a Canadian corporation was purchased by T2 Systems Canada Inc., a Canadian corporation as of January 1, 2015; therefore, all references to DPT throughout the Agreement shall be replaced with T2 Systems Canada Inc., a Canadian corporation (72 Systems"). The scope of the agreement related to the purchase of new multi -space pay stations has been completed. At this time, the contractor is providing extended maintenance and support to the existing equipment Additionally, they are providing real-time connectivity services and access to reporting software. . 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 the Agreement Is necessary In order to extend the current agreement. Administration Recommendation: Adopt the Resolution. Financial Information: Source of Amount AcEount 1 428.200 0-0462-000325 Funds: . 2 282,000 480-0463.000325• • 3 06PI Total 710,200 Financial Impact Surnma : Clerk's .M.. Department Director Assistant CRAManager J City Mana er SF V JLMAF r T:WGENDA�7tiliWt8u�8nangu l�ur�Ro7�um.avcx MIAMMEACH AGENDA ITEM C? 14 DATE G-Y-Av MIAMIBEACH City of Miami Beach, 1700 Convention Center Ddve, Mioml Beach, Rmtda 33139, www.m1omIbeacht14;ov COMMISSION MEMORANDUM TO. Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager 4114(W DATE: June 8, 2016 Su81KT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE. CITY OF MIAIIA BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE, SUBSTANTIALLY IN THE FORM ATTACHED TO THIS RESOLUTION, AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE CITY AND T2 SYSTEMS CANADA, INC (T2 SYSTEMS) FORMERLY KNOWN AS DIGITAL PAYMENT TECHNOLOGIES CORP. (DPT), - FOR PARKING PRODUCTS AND ASSOCIATED INSTALLATION AND MAINTENANCE SERVICES, DATED AUGUST 10, 2012; SAID AMENDMENT EXTENDING THE WARRANTY COVERAGE UNDER THE AGREEMENT FOR THE REMAINING THREE (3) YEAR PERIOD, BASED UPON THE ESTABLISHED RATES UNDER THE AGREEMENT; AND FURTHER EXTENDING THE TERM OF THE AGREEMENT FOR AN ADDITIONAL THREE (3) YEAR PERIOD, COMMENCING ON AUGUST 119 2016 AND EXPIRING ON AUGUST 10, 2019, COTERMINOUS WITH THE EXTENDED WARRANTY TERM. ADMINISTRATION RECOMMENDATION Approve Amendment No. 1 to the Agreement between the City of Miami Beach and T2 Systems Canada Inc. for parking products and associated installation and maintenance services. BACKGROUND AND ANALYSIS On April 11, 2012, the Mayor and City Commission approved Resolution No. 2012- 27891, relating to Request for Proposals (RFP) No. 46-10/11 for the purchase and installation of new multi -space pay stations for the City's on -street parking locations; authorizing the Administration to enter into negotiations with top ranked firm, Digital Payment Technologies Corp. (" DPT"); and further authorizing the Mayor and City Clerk to execute an agreement upon completion of successful negotiations by the Administration. On August 10, 2012, the City entered into an agreement with DPT, pursuant 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. 15 June 8.2016 T2 — Amendment No. 1 Page 2 of 3 T2 Systems (T2), a global leader in parking technology, offers high quality and reliable proprietary hardware and software products consisting of their Digital Luke 11 pay stations, BOSS 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 the proprietary nature of these products include: • The Digital Iris SaaS (Software as a Service) 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 on the Digital Luke II pay station may only be developed and supported by T2. • Specific components in the pay station, such as the printer and its firmware, have been designed with a third party to only work with the Digital Luke II pay station and may only be sourced through T2. • Any attempt to change out any component within the Digital Luke II pay station would void the existing CSAIUL listing. • The Digital Luke II pay station will only support rates and configuration settings provided by T2's BOSS configuration software. • The Digital Luke II pay station has a unique industrial design that is only manufactured and supplied by T2. The 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 discretion and approval of the City. The Initial term expired August 9, 2014 and was extended for an additional two (2) years, including the corresponding extended warranty with a new 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 warranty for the pay stations for an additional five (5) years. The scope of the agreement related to the purchase of new multi -space pay stations has been completed. At this time, the contractor is providing extended maintenance and support to the existing equipment. Additionally, they are providing real-time connectivity services and access to reporting software. Additionally, DPT, a Canadian corporation was purchased by T2 Systems Canada Inc., a Canadian corporation as of January 1, 2015; therefore, all references to DPT throughout the Agreement shall be replaced with T2 Systems Canada Inc., a Canadian corporation ("72 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 the Agreement is necessary in order to extend the current agreement. We cm oonunWd to paoA ft e>ceffev public s and safety tool wlro be. work Wd plop in our v604 bopkol, himic corww diF . 16 June 8, 2016 T2 --Amendment No. 1 Page 3 of 3 Therefore, the Administration recommends executing an Amendment to the Agreement, extending the term of the Agreement and the extended warranty period for an additional period of three years, commencing on August 11, 2016 and expiring on August 10, 2019. Please note T2 is agreeable to the extension of the existing agreement under the same terms and conditions. RECOMMENDATION It is recommended that the Mayor and City Commission approve Amendment No. 1 to the agreement between the City of Miami Beach and T2 Systems Canada Inc., substa y in the form attached hereto as Exhibit A. JLWK ISi= 'f 1AGE�f0A12018SF U38rWWftM=rM-MWO.d= Exhibit A — Proposed Amendment No.1 17 We om cww toed is provtdtny exe-Ant pubfk smke and sa%, to off who Ave, vAA and pby to ow vibrant, krta% htstak caetnau*. '2016-29 y Z3 This Amendment No. 1 (the nAmendment°) to the Agreement for parking products and associated installation and maintenance prvic9s, dated August 10, 2012 (the "Agreement) is made and entered into this By of 2016, by and between the CITY OF MIAMI BEACH, a municipal corporation organized and existing under the laws of 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) formerly known as Digital Payment Technologies Corp., a Canadian corporation (DPT), and hereby amend the Agreement as follows: RECITALS WHEREAS, on April 11, 2012, the Mayor and City Commission approved Resolution No. 2012-27891, relating to Request for Proposals (RFP) No. 46-10111 for the purchase and installation of new mulf"pace pay stations for the City's on -street and off-street parking locations; authorizing the Administration to enter Into negotiations with top ranked firm, Digital Payment Technologies Corp., a Canadian corporation (°DPT`; and further authorizing the Mayor and City Clerk to execute an agreement upon completion of successful negotiations by the Administration; and WHEREAS, on August 10, 201Z the City and DPT executed an agreement pursuant to the RFP (the "Agreement`; 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 discretion and approval of the City; and WHEREAS, the Agreement further provided the City with an initial two (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 term, Including the extended warranty coverage, were extended for an additional two (2) years, with a new expiration of August 9, 2016; and WHEREAS, effective as of January 1, 2015, DPT was purchased by T2 Systems Canada Inc:, a Canadian corporation (72 Systemsj and DPT's corporate name was changed to T2 Systems and; and WHEREAS, the City has decided to exercise its option to extend the warranty coverage for years five (6) through seven (7) of the 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, extending the warranty coverage, based upon the current rates set forth In the Agreement, and further extending the term of the Agreement for an additional three years, commencing on August 11, 2016 and expiring on August 10, 2019, coterminous with the extended warranty berm. 18 NOW, THEREFORE, for and In consideration of the conditions and covenants hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated herein as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby modified as follows: A. All references to Digital Payment Technologies Corp., a Canadian corporation rDPr) throughout the Agreement shall be replaced with T2 Systems Canada Inc., a Canadian corporation ("T2 Systems`). B. The Term of the Agreement (including the extended warranty coverage, as more particularly set forth in Exhibit A to the Agreement) Is hereby extended for an additional period of three (3) years, commencing on August 11, 2016 and expiring on August 10, 2019. 3. PTIFICATION. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and In full force and effect, In the event there Is a conflict between the provisions of this Amendment and the Agreement, the provisions of this Amendment shall govem. IN WITNESS WHEREOF, the City and T2 Systems have caused this Amendment to be executed by their respective and duly authorized officers the day and year first hereinabove written. CITY OF M14MI BEACH FLORIDA T2 SYSTEMS CANADA, INC. rales, qy Manager Signature _..��.....- -- --`` - 1 Date T 1AGENDA120t6UuneY%rNn#IT2Amw dl AMEND.d= APPROVED AS TO fORM & LANGUAGE &,E RON' Does 19