HomeMy WebLinkAboutR-2026-141 IPS Group Inc.- First Amendment (Credit Card Processing)RESOLUTION NO. 2026-141
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING A FIRST AMENDMENT TO IPS GROUP
INC. AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA
AND IPS GROUP INC., TO AUTHORIZE REIMBURSEMENT FOR
ELECTRONIC PAYMENT SERVICE FEES; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Parties entered into an agreement dated January 13, 2025, under City of
Fort Lauderdale Request for Proposals No. 12342-805, entitled Parking Meter Technology with
Maintenance and Support (the “Agreement”); and
WHEREAS, the Agreement incorporates the current contract between the City of Fort
Lauderdale and Contractor, which was renewed through January 17, 2027, and authorizes
Contractor to provide parking-meter technology, maintenance, support, and related payment
services to the City; and
WHEREAS, Section 215.322(5), Florida Statutes, authorizes a unit of local government
to impose an electronic payment service charge in an amount sufficient to pay the service-fee
charges imposed by the financial institution, vending service company, or payment-card company
for eligible transactions; and
Whereas, the City has authorized the recovery of electronic payment processing costs and
desires to establish the contractual requirements under which Contractor will configure, collect,
account for, and report an electronic payment service fee on eligible transactions as directed by
the City; and
WHEREAS, the Parties desire to amend the Agreement to authorize electronic payment
service fees;
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 IPS Group Inc, which amendment
is attached and incorporated by reference as Exhibit A to this resolution.
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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are repealed to the extent of such conflict.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 immediately.
PASSED AND ADOPTED on September 24, 2026.
Motion by Commissioner Ryan, second by Commissioner Lewellen.
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:
ELORA RIERA, MMC JOYCE L. DAVIS
CITY CLERK MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
EVE A. BOUTSIS
CITY ATTORNEY
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FIRST AMENDMENT TO AGREEMENT WITH IPS GROUP INC.
FOR ELECTRONIC PAYMENT SERVICE FEES
THIS FIRST AMENDMENT (the “First Amendment”) is made and entered into as of
__________________, 2026 (the “Effective Date”), by and between the CITY OF DANIA
BEACH, FLORIDA, a Florida municipal corporation (the “City”), and IPS GROUP, INC., a
foreign corporation authorized to transact business in Florida (the “Contractor”). The City and
Contractor may be referred to individually as a “Party” and collectively as the “Parties.”
RECITALS
A. The Parties entered into an agreement dated January 13, 2025, under City of Fort Lauderdale
Request for Proposals No. 12342-805, entitled Parking Meter Technology with Maintenance and
Support (the “Agreement”).
B. The Agreement incorporates the current contract between the City of Fort Lauderdale and
Contractor, which was renewed through January 17, 2027, and authorizes Contractor to provide
parking-meter technology, maintenance, support, and related payment services to the City.
C. Section 215.322(5), Florida Statutes, authorizes a unit of local government to impose an
electronic payment service charge in an amount sufficient to pay the service-fee charges imposed
by the financial institution, vending service company, or payment-card company for eligible
transactions.
D. The City has authorized the recovery of electronic payment processing costs and desires to
establish the contractual requirements under which Contractor will configure, collect, account for,
and report an electronic payment service fee on eligible transactions as directed by the City.
E. The Parties desire to amend the Agreement as set forth below.
NOW, THEREFORE, in consideration of the mutual covenants contained in this First
Amendment and other good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the Parties agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated into this First
Amendment.
2. Amendment to Compensation and Payment Processing Terms. Solely as applied to the
Agreement between the City of Dania Beach and Contractor, Section IV, “Compensation,”
of the incorporated City of Fort Lauderdale agreement, together with the applicable credit-
card transaction fee provisions and contract lines contained in Exhibit B, is supplemented
as follows:
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2.1 Customer-Paid Electronic Payment Service Fee. At the City’s written direction, Contractor
shall configure its payment system to assess and collect from the payor a customer-paid
electronic payment service fee (the “Service Fee”) on eligible electronic payment transactions.
The Service Fee is separate from the underlying City charge and from the credit-card
transaction fees, gateway fees, and other compensation payable to Contractor under the
Agreement, including the applicable contract lines contained in the pricing schedule
incorporated into the Agreement as part of Exhibit “A”.
The Service Fee is intended solely to reimburse the City for the service fee charges imposed
in connection with the applicable electronic payment transaction. Nothing in this First
Amendment increases Contractor’s compensation or modifies the existing prices stated in the
Agreement or Exhibit B unless the Parties expressly agree to that modification in a separate
written amendment.
2.2 Amount and Eligible Transactions. The City shall determine, as authorized by applicable
law and City ordinance or resolution, the payment methods, transactions, and amount or
methodology to which the Service Fee applies. The Service Fee shall not exceed the amount
sufficient to pay the service-fee charges imposed for the applicable transaction by a financial
institution, vending service company, payment processor, or payment-card company.
Contractor shall not establish, increase, decrease, waive, or otherwise modify the Service Fee
without the City’s prior written authorization. Contractor shall promptly notify the City if a
City-directed Service Fee cannot be implemented or would conflict with applicable law or
payment-network requirements.
2.3 Disclosure and Customer Authorization. Before the payor completes an electronic
payment, Contractor shall clearly and conspicuously disclose: (a) the amount of the underlying
City charge; (b) the amount of the Service Fee; (c) the total amount to be charged; and (d) any
City-designated payment method, if available, by which the obligation may be paid without
incurring the Service Fee. Contractor shall provide the payor a reasonable opportunity to cancel
the transaction before the charge is submitted and shall separately identify the Service Fee on
the receipt or transaction confirmation.
2.4 Collection and Remittance. Contractor shall collect and process the Service Fee only as
directed by the City. Contractor shall remit or credit the underlying City charge to the City in
full, without deduction or offset for the Service Fee or other processing costs, unless the City
expressly authorizes a different settlement method in writing. Contractor shall separately
identify the Service Fee in its settlement and reconciliation records. No Service Fee collected
under this First Amendment constitutes additional compensation to Contractor except to the
extent expressly authorized in writing by the City.
2.5 Records, Reconciliation, and Corrections. Contractor shall provide reports sufficient for
the City to verify the underlying City charge, the Service Fee assessed, refunds, reversals,
chargebacks, and the amount settled. Such reports shall not include full payment-card numbers,
security codes, or other cardholder data that the City does not require for reconciliation.
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Contractor shall promptly notify the City of any unauthorized, erroneous, or excessive Service
Fee and, at the City’s direction, refund or correct the affected transaction. Contractor shall
cooperate with the City in reconciling all amounts collected under this First Amendment.
2.6 Compliance and System Responsibilities. Contractor shall perform its obligations under
this First Amendment in compliance with section 215.322, Florida Statutes, the City’s
applicable ordinance, resolution, written fee schedule, and administrative direction, applicable
payment-network requirements, and the Payment Card Industry Data Security Standards.
Contractor shall not assess a Service Fee where prohibited by applicable law or payment-
network requirements. To the extent verification, processing, disclosure, security, or reporting
functions are performed through Contractor’s system or services, Contractor is responsible for
performing those functions accurately, securely, and in accordance with the Agreement and
this First Amendment.
2.7 Implementation Costs and Additional Compensation. The Service Fee does not increase
Contractor’s compensation or modify the prices stated in the Agreement or Exhibit B.
Contractor is not entitled to any additional implementation fee, markup, convenience charge,
or other compensation arising from the Service Fee unless the additional compensation is
specifically approved in a written amendment or change order executed in accordance with the
Agreement.
3. Order of Precedence. If a conflict exists between this First Amendment and the Agreement or
any document incorporated into the Agreement, this First Amendment controls solely with
respect to the subject matter addressed herein. In all other respects, the order of precedence
established in the Agreement remains unchanged.
4. Ratification. Except as expressly modified by this First Amendment, all terms and conditions
of the Agreement remain unchanged, are ratified and confirmed, and continue in full force and
effect. Nothing in this First Amendment extends or renews the term of the Agreement.
5. Authority. Each person signing this First Amendment represents and warrants that he or she is
duly authorized to execute this First Amendment and bind the Party on whose behalf the person
signs.
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 signatures and electronically transmitted copies have the same force and
effect as original signatures.
7. Effective Date. This First Amendment becomes effective upon execution by both Parties and
satisfaction of any approval requirements imposed by the City Charter, City Code, or
applicable law, or on such later date as stated above.
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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
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CONTRACTOR:
IPS Group, Inc. (a foreign corp.
registered to conduct business in Florida)
WITNESSES:
SIGNATURE SIGNATURE
PRINT Name PRINT Name
SIGNATURE Title
PRINT Name
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me by means of ☐ physical presence
or ☐ online notarization, on , 2025, by_____________________, as ______________ of
IPS Group, Inc., a foreign corporation authorized to conduct business in Florida, who is personally
known to me or has produced as identification.
NOTARY PUBLIC
My Commission Expires: State of
January 13