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R24-275 RESOLUTION NO. R24-275 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 5 SIGN A LIMITED TERM CONTRACT EXTENSION WITH PARKMOBILE, 6 LLC FOR PAY FOR PARKING SERVICES, AND INCREASE THE ANNUAL 7 EXPENDITURE TO AN AMOUNT NOT TO EXCEED TO $116,000 AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, on November 5, 2019, the City of Boynton Beach and ParkMobile, LLC entered 11 into the Pay for Parking Services agreement which outlined the scope of services, fees, and 12 payments; and 13 WHEREAS, parking permits are an essential part of making an automated parking 14 technology system work, therefore, it is necessary to execute a limited-term contract extension to 15 provide the necessary expenditures and payments to ParkMobile; and 16 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 17 best interests of the city's citizens and residents to approve and authorize the Mayor to sign a 18 limited term contract extension to provide continuity of service for pay for parking while the city 19 explores alternative options through a piggyback agreement or competitive bidding process, and 20 to increase the annual expenditure to an amount not to exceed $116,000. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 23 BEACH, FLORIDA, THAT: 24 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption. 26 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 27 approve and authorize the Mayor to execute the Limited Term Contract Extension, a copy of 28 which is attached hereto as "Exhibit A." 29 SECTION 3. The City Commission of the City of Boynton Beach, Florida, hereby approves 30 the increase to the annual expenditure to an amount not to exceed $116,000 per year. 31 SECTION 4. The City Clerk shall retain the fully executed Limited Term Contract 32 Extension as a public record of the City. 33 SECTION 5. This Resolution shall take effect immediately. 34 35 36 PASSED AND ADOPTED this �.I day of U i&' \'Oe1 2024. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES. NO 39 Mayor-Ty Penserga i - 40 t - 41 Vice Mayor-Aimee Kelley 42 43 Commissioner-Angela Cruz 44 f 45 Commissioner-Woodrow L. Hay 46 47 Commissioner-Thomas Turkin ✓ 48 49 VOTE --(D 50 ATT ST: 51 / 52 c:j f ,dile. r 53 Maylee De J "s, MPA, -".%%•.� Ty '_, -rga 54 City Clerk •F 80YNT��L�%% Ma •r 55 ' -� qT .6' It c). <t•-.<<, Ii 56 : �� $ APPROVED AS TO FORM: AL 57 (Corporate Seal) mCORppRATED 58 44 •. 1920 ���LDRIDP „Age/A J. hee 60 Shawna G. Lamb 61 City Attorney Docusign Envelope ID:B1BA0E74-6242-4DDF-9BA5-F165E5787997 LIMITED TERM EXTENSION AMENDMENT TO AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PARKMOBILE, LLC FOR"PAY FOR PARKING SERVICES This Limited Term Extension Amendment("Amendment")is entered into by and between the City of Boynton Beach, a Florida municipal corporation ("City"), and Parkmobile, LLC with principal address at 1100 Spring Street NW, Suite 200 Atlanta, GA 30309, a Foreign Limited Liability Company registered to transact business in the State of Florida ("Vendor") (collectively referred to as the "Parties"). RECITALS A. On November 6, 2019, the Parties entered into Contract/RFP No. 018-2413-19/IT (the "Agreement")for Pay for Parking Services. B. The current term of the Agreement expires on November 5, 2024, and all renewal options for the Agreement between City and Vendor have been exercised. C. The City is in the process of reviewing the service, determining the best methodology of procurement, and desires to extend the Term of the Agreement on a limited basis to provide time for the issuance of a competitive solicitation for a new contract. Now, therefore, in consideration of the mutual terms and conditions, promises, covenants, and payments hereinafter set forth, City and Vendor agree as follows: 1. The above Recitals are true and correct and are incorporated herein by reference. All capitalized terms not expressly defined within this Amendment shall retain the meaning ascribed to such terms in the Agreement. 2. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. 3. The Term of the Agreement is hereby extended on a month-to-month basis for an additional six (6) months, expiring upon the earlier of May 4, 2025, or upon execution of a contract under the City's procurement process. 4. Modified Fees. Exhibit B of the contract is amended to replace the Permit Management Software and associated fees exhibit approved by the First Amendment to the Agreement with the reduced fees outlined in the attached Exhibit 1. 5. In the event of any conflict or ambiguity between this Amendment and the Agreement, the Parties agree that this Amendment shall control. The Agreement, as amended herein by this Amendment to Contract/RFP No. 018-2413-19/IT Page 1 of 7 Docusign Envelope ID:B1BA0E74-6242-4DDF-9BA5-F165E5787997 Amendment, incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein, and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter hereof that are not contained in the Agreement as amended in this Amendment. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 6. Vendor acknowledges that through the date this Amendment is executed by Vendor, Vendor has no claims or disputes against City with respect to any of the matters covered by the Agreement. 7. The following new sections are added to the Agreement as follows: (a) Discriminatory Vendor and Scrutinized Companies List; Countries of Concern. Vendor represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes. Vendor represents and certifies that it is not, and for the duration of the term of the Agreement will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Vendor represents that it is, and for the duration of the term of the Agreement will remain, in compliance with Section 286.101, Florida Statutes. (b) Verification of Employment Eligibility. Vendor represents that Vendor and each subcontractor have registered with and use the E-Verify system maintained by the United States Department of Homeland Security to verify the work authorization status of all newly hired employees in compliance with the requirements of Section 448.095, Florida Statutes, and that entry into this Agreement will not violate that statute. If Vendor violates this section, City may immediately terminate this Agreement for cause, and Vendor shall be liable for all costs incurred by City due to the termination. (c) Prohibited Telecommunications Equipment. Vendor represents and certifies that Vendor and all subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as such terms are used in 48 CFR §§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the duration of the term of the Agreement. (d) Entities of Foreign Concern. The provisions of this section apply only if Vendor or any subcontractor will have access to an individual's personal identifying information under this Agreement. Vendor represents and certifies: (i) Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Vendor; and (iii) Vendor is not organized under the laws of and does not have its principal place of business in, a foreign country Amendment to Contract/RFP No. 018-2413-19/IT Page 2 of 7 Docusign Envelope ID:B1BA0E74-6242-4DDF-9BA5-F165E5787997 of concern. On or before the effective date of this Amendment, Vendor and any subcontractor that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for payment purposes. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. (e) Sovereign Immunity. Except to the extent sovereign immunity may be deemed waived by entering into this Agreement, nothing herein is intended to serve as a waiver of sovereign immunity by City, nor shall anything included herein be construed as consent by City to be sued by third parties in any matter arising out of this Agreement. (f) Anti-Human Trafficking. On or before the Effective Date of this Amendment, Vendor shall provide City with an affidavit attesting that the Vendor does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. 8. The effective date of this Amendment shall be the date of complete execution by the Parties. 9. This Amendment may be executed in multiple originals, and may be executed in counterparts, whether signed physically or electronically, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same agreement. (The remainder of this page is blank.) Amendment to Contract/RFP No. 018-2413-19/IT Page 3 of 7 Docusign Envelope ID:B1BA0E74-6242-4DDF-9BA5-F165E5787997 CITY CITY OF BOYNTON BEACH By . OF 860 .‘ Ty nse , Mayor c>.......... yi,�� 'Say of m -�e.! , . :•iyc�� ���:2 •• S :coy. Attes . wort= r 1, .n• • C7O9TcQ•�';; City Clerk V ��;0 .• CITY ATTORNEY'S OFICE Approved as to form and legality C !By:A1AC/4 . Yamb VENDOR PARKMOBILE, LLC i-Signed by: By iv-Stivu (,.t fl L Authorized signer Justin Clifford Print Name and Title day of 2024 11/1/2024 SRW 10.24.24 Template Limited Term Extension Amendment to Contract/RFP No. 018-2413-19/IT Page 4 of 7 Docusign Envelope ID:B1BA0E74-6242-4DDF-9BA5-F165E5787997 EXHIBIT 1 AMENDED PERMIT MANAGEMENT SOFTWARE AND ASSOCIATED FEES PRICING SUMMARY Citation Processing Services • Description Upfront Ongoing Includes Full citation processing software suite configuration, training, implementation, hosting, and ongoing support • Citation records management system(AutoPROCESS) • Registered owner acquisition • FL DMV registration holds • Processing notice generation and mailing • Mail payment processing Parking Management $1.99 (Lockbox) Software Per Citation Issued • Web&IVR credit card payment processing(hosted website and IVR system) • DMV vehicle registration hold services • Customer service(live call reps.) • Late notice generation,mailing, and PDF image import on up to a 3 processing notice series • Correspondence processing • Document imaging(notices, originally issued citations,other multimedia) Web/IVR Payment $3.50 Hosted payment website Convenience Fee (Paid by - Per payment transaction and IVR systems Motorist) via web or!VR systems (Duncan MOR) Applicable USPS bulk postage rate Postage for Processing * Direct pass-through costs for $0.423 Notices all letters sent Per letter sent *As of 7/24/2020 Amendment to Contract/RFP No. 018-2413-19/IT Page 5 of 7 Docusign Envelope ID:B1BA0E74-6242-4DDF-9BA5-F165E5787997 Permit a nag me rvices Description Upfront • Ongoing Includes $5.75 Full permit management Permit Management Per permit purchased up AutoPROCESS module and PAM to 1,000 permits annually. hosted online permit portal Software Virtual permits in excess configured to the requirements of of 1,000 annually are free the City. Web Payment Convenience $3.50 Hosted payment website Fee (Paid by Motorist) Per permit purchased (Duncan MOR) via web Applicable USPS bulk postage rate USPS first class mailing. Postage per Permit Renewal - Postage costs are a direct Notice $0.423* pass-through based on USPS Per Notice Sent rate at the time of mailing. As of 7/24/2020 Description Upfront Ongoing Includes A full-service secondary collections process following assignment to collection agency • Notice generation (notice and postage costs are included in percentage of revenue collected fee. 30.00%S Special Collection Fee Based on 2 notice series. of revenue collected, There are no additional costs.) • Target population analysis • Effectiveness reports • Skiptracing • No name and address research • Outbound Calling Amendment to Contract/RFP No. 018-2413-19/IT Page 6 of 7 Docusign Envelope ID:B1BA0E74-6242-4DDF-9BA5-F165E5787997 TERMS AND CONDITIONS 1. End Customer will be responsible for all postage costs associated with the mailing of notices mailed prior to assignment to special collections. PAM is responsible for postage costs following assignment to special collections. 2. All post-implementation changes or enhancements requested by, or on behalf of, End Customer will be performed by PAM on a time and materials basis. The billing rates to be used will be the rates in place when the work is completed. All requests for system changes and/or enhancements will be submitted in writing by ParkMobile on behalf of End Customer, from which PAM will furnish an estimate. 3. Consumables, including receipt paper, printer ink cartridges and toner will be provided by, or purchased by, End Customer. 4. This agreement is subject to monthly contract minimum of $3,500.00. If the sum of End Customer's itemized invoice (excluding permit fees, postage, convenience fees and special collection fee charges) falls below this threshold, End Customer will be billed a fixed $3,500.00 program management fee in lieu of the itemized rates listed above. Threshold evaluation will be conducted monthly, during invoice preparation. Amendment to Contract/RFP No. 018-2413-19/IT Page 7 of 7