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HomeMy WebLinkAboutOrdinance 6412F FPYErl y O ci � � m -�,, �RKANSPS 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: GOER Kf% T��!,,� �1T Y j.G •�- Lioneld Jor an, ayor Kara Paxton, City Clerk Treasurer: FAYET �E�ILCe: kgNSNS ii141 ON` 1fl,`0'- Page 2 Printed on 213121 . _ City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 x Text File y 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: , 56, c, (>11ul,t,v� Per: Pe . Name: Joe Weiler e: Lionfeld Jordan Title: VP, Sales Operations Title: Mayor Attest: `A1111r1rrrrr,,, G�ERK / ����••' GITY��q�,�� Per: FA YE Name: Kara Paxton ; VILL f : ;11= •.'Q!r • Title: City Clerk -Treasurer :ems �` S . '�,'�i ••A•A.•'�y .� 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