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Amendment No.1 to Agreement with T2 Systems Canada, Inc. .2alb--2(1'12_3 AMENDMENT NO. 1 TO AGREEMENT FOR PARKING PRODUCTS AND ASSOCIATED INSTALLATION AND MAINTENANCE SERVICES This Amendment No. 1 (the "Amendment") to the Agreement for parking products and associated installation and maintenance iservic,s, dated August 10, 2012 (the "Agreement") is made and entered into this 2.2day 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. 46-10/11 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 ("DPI"); 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 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 ("T2 Systems") 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 (5) 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 term. 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 ("DPT") 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. RATIFICATION. 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 govern. 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 MI MI BEAC FLORIDA T2 SYSTEMS CANADA, INC. Jimmy L. I i rates, C••y Manager Signature Ct-hZS c‘+€-1-1-LE- __/-c---,..,s:,.. >y Print N!aame %7•`'r •' �'., ,,`t' (Title,, I,. �' _ F., -�, Attest: �r t-2f:,-;', ---.- • \, ;I'll..., ;i. ni\1E'_�: 4 > : ' q o? Ra•-el E. Granny o, C•t Clerk ';.'',r '` i: :,/ss/Sinn u e , et Z'2- I e 'V � e i ii g/017; Date Print Name Sep /9iag1Q Date APPROVED AS TO T:IAGENDA120161JunelParkinglT2Amendl-AMEND.docx FORM & LANGUAGE & O XE TION er City Attorney Dote . L 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 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. 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 June 8, 2016 T2—Resolution Page 2 of 2 Canada Inc., a Canadian corporation ("T2 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 MIAMI 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 8 day of -14ne_ 2016. ATTEST: , // Aid • ,ettt 'ttt► , 4 PHILIP L AYOR RAF• L E. RAN ,. •`.0 TY' ••L=W.* jo {1 ti� JLM/KGB/SF `:! r t: 1 t:lagend a\20161ju nelpa rk irig\f2am `�\. . APPROVED AS.TO FORM & LANGUAGE '' ''" CFI'_26, ~ •:': : &/FOR EXECUTION 'it/ cA64, ity Attoniey j;, Date • We ore committed to providing excellent public service and solely to all who live,work,and ploy in our vi.onl,tropical,historic community. • 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 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. Key Intended Outcome Supported: Streamline the delivery of services through all departments. Supporting Data (Surveys, Environmental Scan, etc.):.The City has a total of 4,536 metered spaces in parking 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. ("DPT") pursuant to the Mayor and Commissions award of 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. 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 expiration of August 9, 2016. 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 ("T2 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 ccount Funds: 1 428,200 /80-0462-000325 2 282,000 V480-0463-000325• L • 3 OBPI Total 710,200 Financial Impact Summary: City Clerk's Office Legislative Tracking: Saul Frances Sign-Offs: Department Director Assistant Ci Manager City Mana s er SF KGB %'I JLM Ar T;IAGENDA12016Uune\Parking\T2Amendl-sum.docx MIAMI BEACH AGENDA ITEM C 7 I DATE G'Y-Cco • MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miomibeochfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager A/.......7# 7 DATE: June 8, 2016 SUBJECT: 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 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. 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. 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 II 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 CSA/UL 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 ("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.p y tam. To this end, an Amendment to the Agreement is necessary in order to extend the current agreement. • We are committed to providing excellent public service and safety to oli who live, work,and ploy in our vibrant, tropical,historic community. 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 'ly in the form attached hereto as Exhibit A. JLM/Ke:/SF T:\AGENDA12016.June\ParkingVT2Amendl•MEMO.docx Exhibit A— Proposed Amendment No. 1 We ore commined to providing excellent public service and sorely to oil who live,work,and ploy in our vibrant,iropiccl,historic community. AMENDMENT NO. 1 TO AGREEMENT FOR PARKING PRODUCTS AND ASSOCIATED INSTALLATION AND MAINTENANCE SERVICES This Amendment No. 1 (the "Amendment") to the Agreement for parking products and associated installation and maintenance services, dated August 10, 2012 (the "Agreement") is made and entered into this day 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 (RF )Y.'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, -2O12;,the City and<DPT;executed an agreement pursuant to the RFP (the "Agreement"); and -~ :: x ;,„ -� ^ - , 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'W b- '`t., ,�. WHEREAS, the:Agreement further paided 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 earn and '�::. WHEREAS,r 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 -`a ,;� '` mow �'h°.;fi WHEREAS, effective as.of January 1, 2015, DPT was purchased by T2 Systems Canada Inc., a Canadian corporation ("T2 Systems") and DPT's corporate name was changed to T2 Systems and, ands -'" WHEREAS, the City_tas decided to exercise its option to extend the warranty coverage for years five (5) through seven (7) of the Agreement; and WHEREAS, on June 8, 2016, the Mayor and City Commission adopted Resolution No. , 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 term. 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 ("DPT") 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, comme ncing on August 11, 2016 and expiring on August 10, 2019. rs 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Ag'regiment shall remain unchanged and in full force and effect. In the eventdthere is a conflict between the provisions of this Amendment and the Agreement, the provisions:"of this Amendment shall g vern. IN WITNESS WHEREOF, the City` nd T2 Systems`have caused this Amendment to be executed by their respective and duly uthorized:officers the"day and year first hereinabove written. sad'"" i'CD.. - - :4r j>.. - -i::za%•`:&:fin::.;. -:,2:�:: ..::.; '" CITY OF MIAMI BEACH, FLORIDA ..T2 SYSTEMS CANADA, INC. Jimmy L. Morales;Cty.Manager `'' `:•..- Signature Print Name • Title Attest: Rafael E. Granado, City Clerli Witness/Signature Date Print Name Date T.I AGENDA120161JunelParkingtT2Amend 1-AMEND.docx