HomeMy WebLinkAboutOrdinance 6412F FPYErl
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113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6412
File Number: 2021-0022
T2 SYSTEMS CANADA, INC.:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE
BIDDING AND APPROVE A CONTRACT WITH T2 SYSTEMS CANADA, INC. THROUGH
DECEMBER 31, 2021, WITH AUTOMATIC RENEWALS FOR UP TO THREE ADDITIONAL
ONE YEAR TERMS FOR THE CONTINUED USE OF SOFTWARE AND SERVICES
REQUIRED FOR THE CITY'S PARKING PAY STATIONS IN THE AMOUNT OF $100.00
PER PAY STATION PER MONTH PLUS APPLICABLE TAXES
WHEREAS, the City has purchased parking pay stations and related services, including payment
processing, reporting, software and software maintenance, from T2 Systems Canada, Inc., formerly
Digital Payment Technologies, for each of its parking pay stations since 2009; and
WHEREAS, T2 is the sole source provider of these proprietary services as well as the pay station
equipment and the software provided by T2 is the only software that will work with the City's existing
equipment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section l: That the City Council of the City of Fayetteville, Arkansas hereby finds the above
circumstances make competitive bidding not feasible or practical and therefore waives the
requirements of formal competitive bidding and approves a contract with T2 Systems Canada, Inc.
through December 31, 2021, with automatic renewals for up to three additional one year terms for the
continued use of parking pay station services in the amount of $100.00 per pay station per month plus
applicable taxes.
Page 1 Printed on 213121
Ordinance: 6412
File Number: 2021-0022
PASSED and APPROVED on 2/2/2021
Approve: Attest:
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Lioneld Jor an, ayor Kara Paxton, City Clerk Treasurer: FAYET �E�ILCe:
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Page 2 Printed on 213121
. _ City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
x Text File
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File Number: 2021-0022
Agenda Date: 2/2/2021 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C.9
T2 SYSTEMS CANADA, INC.:
AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND
APPROVE A CONTRACT WITH T2 SYSTEMS CANADA, INC. THROUGH DECEMBER 31, 2021,
WITH AUTOMATIC RENEWALS FOR UP TO THREE ADDITIONAL ONE YEAR TERMS FOR THE
CONTINUED USE OF SOFTWARE AND SERVICES REQUIRED FOR THE CITY'S PARKING PAY
STATIONS IN THE AMOUNT OF $100.00 PER PAY STATION PER MONTH PLUS APPLICABLE
TAXES
WHEREAS, the City has purchased parking pay stations and related services, including payment processing,
reporting, software and software maintenance, from T2 Systems Canada, Inc., formerly Digital Payment
Technologies, for each of its parking pay stations since 2009; and
WHEREAS, T2 is the sole source provider of these proprietary services as well as the pay station equipment
and the software provided by T2 is the only software that will work with the City's existing equipment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby finds the above circumstances
make competitive bidding not feasible or practical and therefore waives the requirements of formal competitive
bidding and approves a contract with T2 Systems Canada, Inc. through December 31, 2021, with automatic
renewals for up to three additional one year terms for the continued use of parking pay station services in the
amount of $100.00 per pay station per month plus applicable taxes.
City of Fayetteville, Arkansas Page 1 Printed on 21312021
Justin Clay
Submitted By
City of Fayetteville Staff Review Form
2021-0022
Legistar File ID
2/2/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
1/11/2021 PARKING MANAGEMENT (430)
Submitted Date Division / Department
Action Recommendation:
Waive competitive bidding and approve an amendment to the service agreement with T2 Systems Canada, Inc.
for continued use of the Digital Iris Services for each of the City' s parking pay stations.
Budget Impact:
2130.430.9130-5309.02, 2130.430.9131-
5309.02, 2130.430.9132-5309.02
Account Number
Project Number
Budgeted Item? Yes Current Budget
Funds Obligated
Current Balance
Does item have a cost? Yes Item Cost
Budget Adjustment Attached? No Budget Adjustment
Remaining Budget
2130 - Parking
Fund
Project Title
$ 38,400.00
$ 38,400.00
$ 38,400.00
0
V20180321
Purchase Order Number: Previous Ordinance or Resolution # Ordinance 5960
Change Order Number:
Original Contract Number:
Comments:
Approval Date:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF FEBRUARY 2, 2021
TO: Mayor and City Council
THRU: Susan Norton, Chief of Staff
Peter Nierengarten, Environmental Director
CITY COUNCIL MEMO
FROM: Justin Clay, Parking Manager
DATE: January 11, 2021
SUBJECT: Amending T2 Service Agreement for Parking Pay Stations
RECOMMENDATION:
Staff recommends waiving competitive bidding and approving an amendment to the service
agreement with T2 Systems Canada, Inc. to continue the use of Digital Iris Services, wireless data
services, and Digital Iris support services for each of the City' s 32 parking pay stations. The cost of
this service is $ 100 per month per pay station, totaling $ 38,400 annually. The proposed term of this
amended agreement is through December 31, 2021 at which time it will automatically renew for
three additional one-year terms.
BACKGROUND:
Since 2009, the Parking Division has purchased Digital Iris Service through T2 Canada, Inc.
(formerly Digital Payment Technologies) for each Digital pay station that has been purchased.
T2 Systems, Canada, Inc. is the sole source provider of this proprietary service and a bid waiver
will be needed to continue utilizing this service. The Digital Iris Service includes credit card
processing capabilities, reporting capabilities, software updates, and access to additional
upgrades and functionalities for each pay station.
DISCUSSION:
As pay stations have been added over the years, the total cost of this service has grown to an
amount requiring additional various levels of approval. In preparation of the 2017 payment process it
was discovered that neither a resolution authorizing payment for these services nor a signed
agreement between the City and T2 Systems was in place. An agreement like the
attached proposal was submitted by Parking Division staff in 2012 via T2' s online portal.
This proposed amendment would renew the service agreement through the end of 2021, at which
time it will automatically renew for three additional one-year terms.
BUDGET/STAFF IMPACT:
No Budget/Staff Impact. This service has been budgeted and paid for since at least 2009.
Attachments:
Digital Iris Service Agreement
Digital Iris Service Quote
Digital Iris Sole Source Letter
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DocuSign Envelope ID: CA4019B6-2F2D-46D8-9869-4D3292B582AE
(f
AMENDMENT NO. 1 TO DIGITAL IRIS CUSTOMER AGREEMENT
This Amendment No. 1 to the Digital Iris Customer Agreement (the "Agreement") is entered into
as of February 2, 2021 by and among T2 Systems Canada Inc., ("T2") and City of Fayetteville and
all of its subsidiaries and affiliates listed herein ("City").
RECITALS
WHEREAS, T2 and City entered into that certain Agreement, dated as of January 1, 2017;
WHEREAS, City has requested and T2 has agreed to revise the following sections under the
Agreement;
NOW THEREFORE, in consideration of the premises and the mutual agreements set forth herein,
the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree
as follows:
1. Defined Terms. Capitalized terms used but not defined herein shall have the
respective meanings ascribed to such terms in the Agreement.
2. Amendment to Agreement. Agreement is hereby amended as follows:
2_1 Section 2 of the Agreement is hereby amended by deleting and restating such
}., section in its entirety as follows:
(a) This Agreement shall commence on the Effective Date and remain in full force
and effect until December 31, 2021, at which time the Agreement shall
automatically renew for up to three additional one year terms unless
terminated in accordance with the terms of Paragraph 14 below. In no case
• ,: shall the Agreement be extended beyond December 31, 2024.
3. Execution in Counterparts. This amending agreement may be executed originally
or by other means of electronic transmission in any number of counterparts and
by different parties hereto in separate counterparts, each of which when so
executed and delivered shall be deemed to be an original and all of which when
taken together shall constitute but one and the same instrument.
4. Modified Agreement. Except as herein amended or modified, the provisions of
the original Agreement, and all attachments thereto, are expressly reaffirmed and
remain in full force and effect.
Rev Oct. I, 18
DocuSign Envelope ID: CA401986-2F2D-46D8-9869-4D3292B582AE
5. Entire Agreement. This amending agreement and the Agreement constitute the
entire agreement among the parties with respect to the subject matter hereof and
thereof and supersede all other prior agreements and understandings, both
written and oral, among the parties or any of them with respect to the subject
matter hereof.
IN WITNESS WHEREOF, the parties have executed this amending agreement as of the date first
indicated above.
T2 SYSTEMS CANADA INC. CITY IF YETI
DocuSigned by: ,
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Per: Pe .
Name: Joe Weiler
e: Lionfeld Jordan
Title: VP, Sales Operations Title: Mayor
Attest:
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G�ERK /
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Per:
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Name: Kara Paxton
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Title: City Clerk -Treasurer
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Rev Oct. I, 18
T2 Systems - Confidential Quotation
SYSTEMS
Bill To:
City of Fayetteville Arkansas
113 West Mountain
Fayetteville, Arkansas 72701
United States
Prepared By:
Olivia Goldsmith
Prepared For:
Justin Clay
Subscriptions
For:
City of Fayetteville Arkansas
Quote ID:
Q-14245
Date Issued:
1/5/2021
Expires:
4/5/2021
Ship To:
City of Fayetteville Arkansas
113 West Mountain
Fayetteville, AR 72701
United States
Justin Clay
1 (479) 575-8277
jclay@fayetteville-ar.gov
EIN:71-6048462
100.7101
T2 Iris Core (Month)
USD 70.00
32.00
0.000
USD 100.00
USD 3,200.00
100.7207
Passcards (aka Value Cards)
Processing (Month)
USD 10.00
32.00
100.000
USD 0.00
USD 0.00
100.7401
Digital API - Read (Month)
USD 10.00
32.00
100.000
USD 0.00
USD 0.00
100.7501
Pay by Phone Integration
(Month)
USD 10.00
32.00
100.000
USD 0.00
USD 0.00
100.7407
Digital API - Write (Month)
USD 10.00
32.00
100.000
USD 0.00
USD 0.00
TOTAL:
USD 3,200.00
Other
• lftmzm l:aiLLS � @M+rsV7 ryry��MMONO Ul!a
*** Comment USD 0.00 1.00 0.000 USD 0.00 USD 0.00
SN: 200011310022-23, 200012350070, 300010070002, 300010300123-40, 520015100272-75, 520015130357-62
Budgetary monthly Iris services for Iris contract renewal purposes, for the City of Fayetteville.
TOTAL: USD 0.00
Net Total: USD 3,200.00
Tax Amount: USD 0.00
Tax Comments: N/A
Total: USD 3,200.00
Page 1 of 3
Additional Information:
Freight Term: FOB -VEND -PP
Payment Terms: N30
IRIS Profile: Fayetteville
End User: City of Fayetteville Arkansas
GP Customer Number: 2432
Page 2 of 3
Billing Terms
Software subscriptions are invoiced upon Activation.
Terms and Conditions for Digital Iris services are available at:
http://www.t2systems.com/terms-conditions
Upon shipping, 100% of order will be invoiced, with the exceptions of (if applicable):
• Software subscriptions, as outlined above;
• Upon provision, 100% of services, training and/or installation will be invoiced.
As indicated on quote - Shipping costs are to be determined at time of shipment, are estimates only or are set amounts. Actual costs
will be reflected on invoices unless set amount has been provided.
Tax rate, if applicable, will be finalized at time of invoicing.
Invoices paid via credit card will incur a 2.5% convenience fee.
Purchase orders can be forwarded to purchaseorders@t2systems.com
Terms and Conditions of Sale are available at http://www.t2systems.com/terms-conditions
Project Term and Change Management
The parties anticipate that T2's Service will begin 10 business days after the dates sales order. The parties estimate that services will
be complete within 120 days from start of the project. The timeline may be extended due to availability of required Equipment and
Software, availability of client or T2 personnel, changes to the project scope or functional specification. in addition to schedule changes,
changes in the Project may result in additional fees such as project re -engagement and/or change orders.
In the event that the scope changes, the Customer will be notified in advance and must provide written approval (via a signed Change
Order) to proceed. The new scope will not proceed until the Change Order is executed.
Quote Number: Q-14245
PO Required?
IF "NO" IS SELE TED UNDER PO REQUIRED, CUSTOMER ACCEPTS RESPONSIBILITY TO PROCESS CONTRACT PAYMENT
WITHOUT REC T OF PURCHAS ORDER NUMBER.
Customer/
Title
Date
PO #
Page 3 of 3
DocuSign Envelope ID: 3CA14B38-6F1C-4711-93AO-159AD33COE46
SYSTEMS
City of Fayetteville
113 West Mountain
Fayetteville, AR, 72701
January 51h, 2020
To Whom It May Concern:
330-4321 Still Creek Drive
Burnaby, 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, software and maintenance products consisting of our Luke, Luke II, Luke Cosmo and Shelby
pay stations, BOSS software, Digital Iris management system and warranty maintenance support.
This letter is to inform you that the Luke, Luke II, Luke Cosmo and Shelby pay stations, BOSS software,
Digital Iris management system and warranty maintenance support are exclusive and proprietary of T2.
T2 is the sole owner and manufacturer of these products. No other software or management system will
support this hardware.
In addition, this letter is to confirm that Associated Time & Parking Controls Inc. is a T2 supported
Reseller channel for sale and support of these products and services in the state of Arkansas.
If you have any further questions, please feel free to inquire with your sales representative or contact me
directly.
Yours truly,
—DocuSigned by:
jet, Wul c,r
oe Wg1f4 92438...
Vice President, Sales Operation
joe.weiler(a�Qsystems. com
T2 Systems