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2016-29311 Reso RESOLUTION NO. 2016-29311 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 517TH VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING AND AUTHORIZING THE ADMINISTRATION TO SIMULTANEOUSLY NEGOTIATE WITH SIX PAYMENT SERVICES CORP AND PAYMENT EXPRESS, FOR A GATEWAY PROVIDER OF CREDIT CARD PROCESSING SERVICES FOR THE CITY'S GATED PARKING REVENUE CONTROL SYSTEM; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE FIRM DEEMED TO BE IN THE BEST INTEREST OF THE CITY UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on September 30, 2015, the City Commission approved the award of a contract to Skidata, Inc. for a full replacement of the City's gated parking revenue control system, and as a result the City will be upgrading its parking revenue control equipment; and WHEREAS, the project will include replacement of the City's outdated gated revenue control system, which, in addition to improved and added functionality, will include an upgrade to the acceptance of credit card payments, in order to be in compliance with the new Europay, Mastercard, Visa (EMV) standards; and WHEREAS, EMV is an open standard for chip-based payment cards and acceptance infrastructure that is designed to protect against card-present fraud and increase global acceptance and interoperability of credit cards; WHEREAS, it is important for the City to upgrade to the EMV standard because in the United States, after October of 2015, the fraud liability shifted to the merchant; therefore, if a skimmed EMV chip card is fraudulently used at a merchant's business, and the merchant's equipment does not utilize the EMV payment acceptance service, the merchant is liable for the fraud; and WHEREAS, Skidata has informed the City that it has only two approved third- party EMV capable credit card processing service providers that can integrate with its gated parking revenue control system, Six Payments Services Corp. and Payment Express; and WHEREAS, as a result, the Administration is unable to seek competitive proposals through a traditional procurement solicitation for a third-party EMV capable credit card processing service provider and is seeking authority to negotiate with the two service providers approved by Skidata in order to determine the best value for the City. r- 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 waive, by 5/7th vote, the competitive bidding requirement, finding such waiver to be in the best interest of the City; and approve and authorize the Administration to simultaneously negotiate with Six Payment Services Corp. and Payment Express, for a gateway provider of credit card processing services for the City's gated parking revenue control system; and further authorize the City Manager to execute an agreement with the firm deemed to be in the best interest of the City upon conclusion of successful negotiations by the Administration. PASSED and ADOPTED this 9 day of Hart 2016. ATTEST: %'.�; ,, /0../ PHILIP LEVIN"/ r 4 f 1 . fy ! '��. ` p cite, RAFAEL E. .RANA 1 O, C C�`' •C1�i0�� _�.: ..ti's, JLM/KGB/SF % * t:\agenda\2016\march\parking\emvwaiver.reso Qcx .JNCORP ORATED: , ,---_ ,-.... ..\,..t ,.....nV 267'V • APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION . 2.....,c)......q.._Ai fe" City Attorne Date COMMISSION ITEM SUMMARY Condensed Title: A Resolution waiving, by 5/7th vote, competitive bidding, finding such waiver to be in the best interest of the City; and approving and authorizing the Administration to simultaneously negotiate with Six Payment Services Corp and Payment Express, for a gateway provider of credit card processing services for the City's PARC system, in an amount not to exceed $500,000; and further authorizing the City Manager and City Clerk to execute an Agreement with one of the providers upon conclusion of successful negotiations by the Administration. Key Intended Outcome Supported: Strengthen Internal Controls To Achieve More Accountability. Item Summary/Recommendation: On September 30, 2015, the City Commission approved the award of a contract to Skidata, Inc. for a full replacement of the City's gated parking revenue control system. As a result, the City will be upgrading its parking revenue control equipment. The project will include replacement of the City's outdated gated revenue control system, which, in addition to improved and added functionality, an upgrade to the acceptance of credit card payments to be in compliance with the new Europay, Mastercard, Visa (EMV) standards. EMV is an open standard for chip-based payment cards and acceptance infrastructure that designed to protect against card-present fraud and increase global acceptance and interoperability of credit cards. It is important for the City to upgrade to the EMV standard because, in October 2015 fraud liability shifted in the United States. Therefore, if a skimmed EMV chip card is fraudulently used at a merchant who has not upgraded to EMV payment acceptance, the merchant is liable for the fraud. Skidata has informed the City that it has only two approved third-party EMV capable credit card processing service providers that can integrate with its gated parking revenue control system — Six Payments Solution and Payment Express. As a result, the Administration is unable to seek competitive proposals through a traditional procurement solicitation for a third-party EMV capable credit card processing service provider and is seeking authority to negotiate with the two service providers approved by Skidata in order to determine the best value for the City. Recommendation: Adopt the Resolution In order to determine the contract that is in the best interest of the City, I am recommending that the Mayor and City Commission of the City of Miami Beach, Florida, approve the resolution authorizing the waiver of competitive bidding, by 5/7s vote, and authorizing the Administration to negotiate simultaneously with Six Payment Solutions and Payment Express, both being authorized EMV (Europay Mastercard Visa) gateway providers for credit card processing for the Skidata parking revenue control equipment. Advisory Board Recommendation: Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Saul Frances Sign-Offs: • De• ment D' ector Assi nt City Manager City Manager SF it AD - KGB /zo JLM I1�' _ . T:\AGENDA\2016\March\' rking\EMVWaiver.sum.'ocx MIAMIBEACH AGENDA ITEM 7 C- DATE 3 9—/6 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COM r ISSION MEMORANDUM TO: Mayor Philip Levine and Members •' the City C mission FROM: Jimmy L. Morales, City Manager _i•• ••r.► DATE: March 9, 2016 SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 517TH VOTE, THE COMPETITIVE BIDDING REQUIREMENTS, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING AND AUTHORIZING THE ADMINISTRATION TO SIMULTANEOUSLY NEGOTIATE WITH SIX PAYMENT SERVICES CORP AND PAYMENT EXPRESS, FOR A GATEWAY PROVIDER OF CREDIT CARD PROCESSING SERVICES FOR THE CITY'S GATED PARKING REVENUE CONTROL SYSTEM; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE FIRM DEEMED TO BE IN THE BEST INTEREST OF THE CITY BY THE CITY MANAGER UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION APPROVE THE RESOLUTION. FUNDING Funding is available in the following parking funds: 480-0461-000313 $44,000 463-1990-000313 $6,000 467-1996-000313 $4,000 484-0470-000313 $1,000 TOTAL $55,000 BACKGROUND AND ANALYSIS On September 30, 2015, the City Commission approved the award of a contract to Skidata, Inc. for a full replacement of the City's gated parking revenue control system. As a result, the City will be upgrading its parking revenue control equipment. The project will include replacement of the City's outdated gated revenue control system, which, in addition to improved and added functionality, an upgrade to the acceptance of credit card payments to be in compliance with the new Europay, Mastercard, Visa (EMV) standards. EMV is an open standard for chip-based payment cards and acceptance infrastructure that designed to protect against card-present fraud and increase global acceptance and interoperability of credit cards. It is important for the City to upgrade to the EMV standard because, in October 2015 fraud liability shifted in the United March 9, 2016 Parking Revenue Control Equipment-Credit Card Processing Page 2 of 2 States. Therefore, if a skimmed EMV chip card is fraudulently used at a merchant who has not upgraded to EMV payment acceptance, the merchant is liable for the fraud. Skidata has informed the City that it has only two approved third-party EMV capable credit card processing service providers that can integrate with its gated parking revenue control system — Six Payments Solution and Payment Express. As a result, the Administration is unable to seek competitive proposals through a traditional procurement solicitation for a third-party EMV capable credit card processing service provider and is seeking authority to negotiate with the two service providers approved by-Skidata in order to determine the best value for the City. CITY MANAGER'S RECOMMENDATION In order to determine the contract that is in the best interest of the City, I am recommending that the Mayor and City Commission of the City of Miami Beach, Florida, approve the resolution authorizing the waiver of competitive bidding, by 5/7s vote, and authorizing the Administration to negotiate simultaneously with Six Payment Solutions and Payment Express, both being authorized EMV (Europay Mastercard Visa) gateway providers for credit card processing for the Skidata parking revenue control equipment. 0 17 JLM/KC :/SF t:\agenda\2016\march\parking\emvwaiver.cmo.docx We are committed to providing excellent public service and safely to all who live, work, and ploy in our vibrant, tropical, historic community. IIi ; ..' e, K U D E L S K I G R O U P Rocio Alba Parking Administrator City of Miami Beach 1755 Meridian Ave. Miami Beach,FL 33139 February 8,2016 Sub: EMV payment solution Dear Rocio, Per your request and requirement for ITN 2104-170-SW,SKIDATA Inc.is pleased to communicate that we have established two EMV payment solution providers (Six Payment services and Payment Express)that have been approved for an EMV capable integrated payment solution for our devices. Although SKIDATA has certified these 3rd party providers and utilize their approved hardware,an account must be established directly with one of these providers separate from any SKIDATA contract.We have recommended Six Payment Solutions for the Miami Beach Pares project due to the long history and experience of working with Six Payment not only in North America but globally at our other corporate locations. We have received very positive feedback from our clients about Six Payment Solutions for their excellent customer service and fee structure.Six Payment has provided SKIDATA customers payment services prior to the introduction of their EMV solution and are a leader in the payment industry. I would also like to mention that it is vital that the city engage with the provider as soon as possible since it takes approximately three weeks to set up the account and processing with the goal of avoiding any delays in the deployment schedule. Please let me know if you have any additional questions or would like any further clarification. Thank you for the opportunity to serve the City of Miami Beach. Kind Regards, Steve Sussman Sales-Central and South Florida SKIDATA, Inc. One Harvard Way, Suite 5 Hillsborough,NJ 08844 U.S.A. [p] 305-741-9720 [e] stephan.sussman @skidata.com