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Home My WebLink AboutR-2026-124 HZIP LLC - First Amendment (Credit Card Processing)RESOLUTION NO. 2026-124 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING A FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HZIP, LLC, FOR PIER CONCESSION MANAGEMENT SERVICES, TO AUTHORIZE REIMBURSEMENT FOR ELECTRONIC PAYMENT SERVICE FEES; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City and HZIP LLC entered into an Agreement for Pier Concession Management Services under Request for Proposals No. 24-011, which was approved by the City Commission pursuant to Resolution No. 2024-120 (the “Agreement”); and WHEREAS, the Agreement authorizes the Contractor to manage the day-to-day operations of the Pier and Bait Shop, including the collection of City-established charges as the City’s agent and the use of credit cards as a method of payment; and WHEREAS, the City desires to establish a contractual framework under which an electronic payment service fee may be collected on eligible City transactions, subject to applicable law, payment-card requirements, and the City’s written direction; and WHEREAS, the City adopted an ordinance creating a provision relating to “Electronic Payment Processing Surcharges” to authorize the City to recover electronic payment processing costs as authorized by section 215.322(5), Florida Statutes, so that the City can remain whole in its fees; and WHEREAS, the Parties desire to amend the Agreement to authorize electronic payment service fees on eligible City transactions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above “Whereas” clauses are ratified and confirmed, and they are made a part of and incorporated into this Resolution by this reference. Section 2. That City approves the appropriate officials to execute the First Amendment to the Agreement between the City of Dania Beach, Florida and HZIP, LLC, for pier concession management services, which amendment is attached and incorporated by reference as Exhibit A to this resolution. 2 RESOLUTION #2026-124 Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be effective 10 days after passage. PASSED AND ADOPTED on September 14, 2026. Motion by Commissioner Lewellen, second by Vice Mayor Salvino. FINAL VOTE ON ADOPTION: Unanimous X Yes No Commissioner Lori Lewellen ____ ____ Commissioner Luis Rimoli ____ ____ Commissioner Archibald J. Ryan IV ____ ____ Vice Mayor Marco Salvino ____ ____ Mayor Joyce L. Davis ____ ____ ATTEST: ERIN MCCLENDON JOYCE L. DAVIS DEPUTY CITY CLERK MAYOR APPROVED AS TO FORM AND CORRECTNESS: EVE A. BOUTSIS CITY ATTORNEY 1 FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA AND HZIP LLC FOR PIER CONCESSION MANAGEMENT SERVICES (ELECTRONIC PAYMENT SERVICE FEE) This First Amendment to Agreement (“First Amendment”) is entered into as of __________________, 2026 (the “Effective Date”), by and between the CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation (the “City”), and HZIP LLC, a Florida limited liability company (the “Contractor”) with a mailing address of 30 Birchshire Lane, #1, Palm Coast, Florida, 32137. The City and the Contractor may each be referred to as a “Party” and collectively as the “Parties.” RECITALS WHEREAS, the City and the Contractor entered into an Agreement dated September 23, 2024, for the management, operation, security, and maintenance of the City Pier and Bait Shop (the “Agreement”); and WHEREAS, the Agreement authorizes the Contractor to manage the day-to-day operations of the City Pier, including the collection of City-established pier admission charges and the operation of point-of-sale terminals capable of accepting credit cards, debit cards, cash, and coin; and WHEREAS, the City desires to establish a contractual framework under which an electronic payment service fee may be collected on eligible City-established pier admission transactions, subject to applicable law, payment-card requirements, and the City’s written direction; and WHEREAS, the Parties desire to distinguish transactions processed on behalf of the City from merchandise sales and other transactions for which the Contractor is the merchant of record; and WHEREAS, the Parties desire to amend the Agreement as provided herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows: 1. Recitals and Defined Terms. The foregoing recitals are true and correct and are incorporated into this First Amendment. Capitalized terms not otherwise defined in this First Amendment have the meanings assigned to them in the Agreement. 2. Electronic Payment Service Fee. For purposes of this First Amendment, “Electronic Payment Service Fee” means a separately stated fee authorized by the City Commission and assessed in connection with a Covered Transaction solely to recover the applicable payment-processing costs, to the extent permitted by law. 2 “Covered Transaction” means the payment of a charge established by the City and collected by the Contractor on behalf of the City through the merchant account designated by the City, using an electronic-payment method authorized by the City. A Covered Transaction does not include a cash payment, merchandise sale, or any other transaction for which the Contractor or another person is the merchant of record. The Agreement is amended to permit collection of an Electronic Payment Service Fee only in accordance with the following requirements: a. City Authorization. The Contractor shall not assess an Electronic Payment Service Fee unless and until the City provides written authorization to implement the fee for Covered Transactions. The City’s authorization shall apply prospectively to all Covered Transactions and shall not require the City to separately approve individual transactions. b. Legal Eligibility. Before authorizing implementation, the City shall determine that the Electronic Payment Service Fee may lawfully be applied to Covered Transactions and that the proposed implementation complies with applicable law and the requirements of the applicable merchant acquirer, payment processor, and payment-card network. c. Establishment of Fee. The amount or methodology of the Electronic Payment Service Fee shall be established by the City Commission based upon the actual payment-processing cost or a reasonable estimated blended rate designed to recover the City’s aggregate payment-processing costs. The applicable fee schedule shall be communicated to the Contractor in writing by the City Manager or designee. The fee shall not exceed the amount authorized by the City or the amount legally permitted and reasonably necessary to recover the applicable payment-processing costs, whichever is less. The City may periodically review and revise the fee schedule to reflect changes in processing costs. d. Application of Fee. The Contractor shall apply the City-established Electronic Payment Service Fee uniformly to all Covered Transactions in the amount or according to the methodology established by the City Commission. The Contractor shall not independently establish, increase, decrease, waive, retain, or otherwise modify the fee. e. Disclosure. Before completing a Covered Transaction, the Contractor shall clearly disclose the amount of the Electronic Payment Service Fee and any payment method available without the fee. The Electronic Payment Service Fee shall appear as a separate line item on the customer’s receipt. f. Contractor Transactions. The Contractor is solely responsible for the payment- processing costs, fees, and legal and contractual requirements associated with merchandise sales and other transactions for which the Contractor is the merchant of record. Such transactions are not Covered Transactions. Any fee imposed by the Contractor in connection with such a transaction is imposed solely by the Contractor and shall not be represented as imposed or collected on behalf of the City. 3 g. Accounting and Treatment of Proceeds. The Contractor shall separately account for all Electronic Payment Service Fees from amounts received for the underlying City- established charges included in Covered Transactions, merchandise sales, taxes, and all other receipts. Electronic Payment Service Fees are not Gross Revenue or gross sales receipts for purposes of the Agreement and shall not be included in calculating any management fee, percentage payment, revenue share, commission, or other compensation payable to either Party. The Contractor shall remit, settle, or apply all Electronic Payment Service Fee proceeds only as directed by the City and shall not retain any portion as additional compensation. h. Records and Reporting. The Contractor shall maintain transaction-level records sufficient to identify the underlying City-established pier admission charge, payment method, Electronic Payment Service Fee assessed, refund or reversal, and settlement of the fee. Such records shall be included in the Contractor’s regular financial reporting and shall be available for inspection and audit under the Agreement. i. Refunds and Chargebacks. The Contractor shall apply the City’s written refund and chargeback procedures. An Electronic Payment Service Fee shall be refunded only when required by applicable law, applicable payment-card requirements, or the City’s written direction. j. Suspension or Modification. The City may suspend, discontinue, or revise the Electronic Payment Service Fee program at any time by written notice. The Contractor shall implement the City’s direction within the time reasonably specified by the City and shall not be entitled to additional compensation or damages as a result. 3. No Other Compensation or Pricing Change. Except for an Electronic Payment Service Fee expressly authorized and implemented in accordance with this First Amendment, this First Amendment does not modify the Contractor’s annual management fee, the City-established pier admission charges, the pricing or approval requirements applicable to merchandise, or any payment or revenue-sharing obligation under the Agreement. 4. Order of Precedence. If a conflict exists between this First Amendment and the Agreement, this First Amendment controls solely with respect to the subject matter addressed herein. In all other respects, the Agreement remains controlling. 5. Ratification. Except as expressly amended by this First Amendment, all terms and conditions of the Agreement are ratified and reaffirmed and remain in full force and effect. 6. Counterparts and Electronic Signatures. This First Amendment may be executed in counterparts, each of which is deemed an original and all of which together constitute one instrument. Electronic and digital signatures shall have the same force and effect as original signatures to the extent permitted by law. 4 IN WITNESS OF THE FOREGOING, the parties have set their hand and seal the day and year first written above. CITY OF DANIA BEACH, FLORIDA, a Florida municipal corporation ELORA RIERA, MMC JOYCE L. DAVIS CITY CLERK MAYOR APPROVED AS TO LEGAL FORM AND CORRECTNESS EVE A. BOUTSIS, CITY ATTORNEY CANDIDO SOSA-CRUZ, ICMA-CM CITY MANAGER 5 CONTRACTOR: WITNESSES: HZIP LLC, a Florida limited liability company SIGNATURE SIGNATURE PRINT Name PRINT Name SIGNATURE Title PRINT Name STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, on , 2026, by _______________ (name), _______________________ (title), of HZIP LLC, a Florida limited liability company, who is personally known to me or has produced as identification. NOTARY PUBLIC My Commission Expires: State of Florida