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HomeMy WebLinkAboutR-01-1290U-01-1005 11/21/01 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION AMENDING RESOLUTION NO. 99-849, ADOPTED NOVEMBER 16, 1999, TO INCREASE THE CONTRACT WITH TELETRAC, INC. FOR AIR TIME ACCESS AND PORT CHARGES FOR A VEHICLE LOCATION SYSTEM FOR THE DEPARTMENT OF SOLID WASTE, IN AN AMOUNT NOT TO EXCEED $13,999, FROM $32,000 TO $45,999, AND TO CHANGE THE CONTRACT NUMBER AND PROVIDE FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Resolution No. 99-849, adopted November 16, 2001, is amended in the following particulars:!/ "Resolution 01-328 Section 2. The procurement of air time access and port charges for a vehicle location system from Teletrac, rnc., utilizing an existing State of Florida Negotiated Agreement Price Schedule (SNAPS) 1� Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. CITYVOCgSIOX k Or, DEC 9 ` ) No. 99.!506 9912086-2, effective until July 6, 2002, for the Department of Solid Waste, in an amount not to exceed $32,000 $45,999, is hereby approved; with funds therefor hereby allocated from Account Code No. 422001.320102.6.340. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2/ PASSED AND ADOPTED this 13th day of December , 2001. MANUEL A. DIAZ, MAYOR ti, accordance with l�l larni Code Six. 2-36, since tho Mr cti�:A nr�A i�a�li ;;°.to n3I Wo kcagi�latiQn by signing it in tl�r. dcLY3�::5EC� pla pr�vicati,+-ori k me f€sctive with tho el -Apse artsn ! ayw rn tho W -bf - r1* ' ' .. � regarding same, without the MaX4 oxer sin ATTEST: WALTER J. FOEMAN CITY CLERK APPZ'VEDJASZO FORM AND CORRECTNESS:t/ AN DNQOTILARELLO CPITY ATTORNEY j W5823:LB J. ?� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 r ,i � 0 CIT' OF MIAMI, FLORIDA " CA=1 0 INTER -OFFICE MEMORANDUM Honorable Mayor and Members TO: of the City Commission RECOMMENDATION: DATE : iiOV 2 7 : ;' FILE Resolution Amending SUBJECT: Resolution No. 99-849 - Teletrac Air Time Access REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the attached Resolution amending Resolution No. 99-849 adopted on November 16, 1999, approving the procurement and provision of air time access and port charges for a vehicle location system from Teletrac, Inc, and to provide an increase to the initial amount not to exceed $13,999.00 from $32,000.00 to $45,999,00. This action will utilize an existing State of Florida Negotiated Agreement Price Schedule (SNAPS) No. 9912086-2 for the Department of Solid Waste. Funds are available from Account Code No. 422001.320302.6.340. BACKGROUND: The Department of Solid Waste purchased hardware and software for a vehicle location system for their Operations Division to track existing equipment within their fleet in September and November 1999 respectively. This system would provide a more efficient and cost saving tracking mechanism to deploy and monitor equipment throughout the daily collection process. The authority to procure the air time access for this system fell under the SNAPS Agreement No. 9911506 which had a contract period from May 9, 1999 thru May 7, 2000 which was subsequently replaced by SNAPS Agreement No. 9912086-1 which had a contract period from July 7, 2000 thru July 6, 2001. Due to numerous delays and technical authorization for the appropriate system access to bring the system on line, subsequently, the previous SNAPS Agreements have expired. These Agreements have been replaced by SNAPS Agreement No. 9912086-2 which has a contract period from July 7, 2001 thru July 6, 2002 with the same terms and conditions. The department has determined a need to increase the amount required for said services not to exceed $13,999.00 from $32,000.00 to $45,999.00 due to adjustments made for the first (1st) year use of air time that was significantly reduced due to previously mentioned delays and the need to allocate funds for the procurement of the same services for current fiscal year budgeted expenditures. CAGIFKRICPIblp ,1-1290 0 CITY OF MIAMI, FLORIDA 0 Carlos A. Gimenez TO; City Manager C arance Patterson FROM: Director Department of Solid Waste INTER -OFFICE MEMORANDUM DATE : FILE: SUBJECT: Budgetary Authorization for the Amended Increase to Resolution No. 99.849 - Teletrac Air Time Access REFERENCES: ENCLOSURES: 1 I1 The Department of Solid Waste has verified that funds are available with the Department of Management and Budget for the amended increase to Resolution No. 99-849 not to exceed $13,999.00! from $32,000.00 to $45,999.00. Funds will be allocated from Account Code No, 422001.320302.6.340. BUDGETARY REVIEW AND APPROVED BY: tLinda Haskins, Director Department of Management and Budget CAG/FkR/CP/blp DATE: J--1290 0 -881 g - 849 3/9s RESOLUTION NO. a RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF AIR TIME ACCESS AND PORT M CHARGES TELETRAC INC VEHICLE UTILIZIONGTIAN ON SYSTEM FROM EXISTING STATE OF FLORIDA NEGOTIATED AGREEMEti7 Prc2.CE SCHEDULE (SNAPS)�TDWANS E 99 1 0AN FOR THE DEPARTMENT OF SO AMOUNT NOTHEREOFOR EXCEEDFROM 3 2 , OACCOUNT LOCACODE FUNDS NO. 422001.320102.6.340. WHEREAS, Resolution No. 99-628, adopted on 1999, approved ~:e purchase of a vehicle location September 21, system, for the Department of Solid Waste, that has the ability to locate any vehicle in the fleet at any time throughout the '-i ty; and . the vehicle location system requires air time WHEREAS, charges �i-G= may be purchased utilizing an access and port g existing State of Florida State Negotiated Agreement Price Schedule (SNAPS) No. 9911506; and WHEREAS, funds are available from Account Code No. 422001.320102.6.340; NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: citals and findings contained in the Section 1. The re Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this 1290 - 1 - crry COMUS5109 ]ZETUIC OF. r! ry 1 9 1999 havoludon H8. • - • Section. ' Section 2. The procurement of air time access and port charges for a vehicle location system rrom l-esecrac, -nu., utilizing an existing State of Florida Negotiated Aareement Price Schedule (SNAPS) No. 9911506, for the Department of Solid Waste, in an amount not to exceed $32,000, is hereby approved; with funds therefor hereby allocated from Account Code .3 No. 422001.320102.6.340. Section 3. This Resolution shall become effective immediately upon its adoption and signature of 'the Mayor.- PASSED ayor.PASSED AND ADOPTED this 16th day of November 1999• JOE CAROLLO, MAYOR In accordance witl; ;Lliami Docs Sec. 2-36, since the marcnr die not iridi^cetc- this legislation by signing it in the desig^ated dace pro:�i: s,:= ' _� r becomes effective with the elapse of ten (10) days 4.'r9ei ihs car. CiiC�.. regarding same, without the Mayor exercising a e ATTEST: City Cleric WALTER J. FOEMAN CITY CLERK APPROVED AS RM JCO ECTNESS t/ i TTORNEY 57:RCL 1' If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City commission. XNT BY :CITY OF 111 Al11 1- 6- 1 4 : 56F.M PRUCLREME NT 1 - ;i a :i:'k l f I I 1k}'f51Ndd C0.1+ b. Services Business & Industry > Search > SNAPS Search Forrn = SNAPS Agreement A ricutture Business & SNAPS AGREEMENT TITLE: VEHICLE LOCATION PRODUCTS I n- duB SIERViCEB AGREEMENT NUMBER :99'12086 -2 Calendars & TERM OF AGREEMENT: Events Begin date: 07-07-2000 Community End date: 07-06-2001 Resources Renewal Begin date: 07-07-2001 Renewal End date: 07-06.2002 Consumer VENDOR: At &Wince Disaster TELETRAC INC Management 7150 West McNab Road Tampa, FL 33321 Education SPURS NO: F481172403-DO1 EI_ dere MBF CODE: NON -MINORITY (A) CONTACT: MIKE VERMILLION E+mw2y-ment PHONE: 954-721-1214 E -ronment COMMODITY CLASS: 991 COMMOOffY GROUP: 151 DELIVERY: 30 days ARO Health S Human WARRANTY :see below Services APPROVED PRICE SCHEDULE & DATE : Licensing 1.) Price list eff. 06101/200D Expire date: 07-06-2002 Permitting 2.) Amendment eff. 1112000 Expire date: 07-06-2002 PuhliC Safety CONTACT VENDOR FOR COPY OF PRICE SCHEDULE & CONTRACT INFORMATION. Science & Full Warranty associated wlmonthly service on all wireless equipment. We Toch [ono - offer two types of location systems (Radio Frequency & GPS). Our Radio Frequency System (RF) has been in use since the Transportation company has boen in existence. The GPS system is a new offer that began in March 2000. It uses CPS location technology to locate vehicles and a cellular ground relay system (CCPD) to get that location information back to the workstation Cv hl® 2000 State Of Florida Privacy Statement 11-06-01 17:15 TO:SOLID WASTE FR,OM:305 4161525 11+.' r�.,. w •L„ 1 v1 .n1 jm1 :11- ti- j 4: 56P1t SNIPS RI - SNAP endor R aoard Sq•KbnY�own Services Agriculture Business & industry" Calendars $ Events Communi Resources Consumer As818ta1nCq Disaster MiVaaiement Education Elders Employment J=nvironment Health $ Human SerViGsS Licensing FWmittiiig Public Safety Science & - Te;Ghrwlo_y TTMPOnatton PROCUREIIET %.11T.- �,i til;-r,11I I. 0 Page 1 of 7 BearCh I directory I contact us 1 411 I subscribe I tour I help JOUSIrmss $ Industry > Search > SNAPS Search Form > SNAPS Vendor Rect,e SNAPS Vendor Record Name TELETRAC INC Address 71$0 West McNair Road City, State Zip Tampa, FL 33321 Status DMS REGISTERED Mlnority Code NON -MINORITY Contact Name MIKE VERMILLION Phone Number 954-721-1214 Fax Number 954.486-2799 E-mail n7vermillimatelet,c- Web page VENDOR home page E .Mail Help Copyrigh* 7000 State Of F_ lova prlirac $tetemerit http:llfen.state.fl.uslowa snapslowaisnapkwww.vondors.show 11-66-91 17:16 T0:50LID WAST FROM:395 476195 State Negotiated Agreement Price Schedule L1 ' Division of Purchasing a 4050 Esplanade 1r'!ay * Tallahassee, Florida 32399-0950 � ' To be completed by the Division of Purchasing ' SNAPS Title: l 11 ' Eflectivs: � 7 Federal Employer Identification Number 48-1172403 Vendor Name Teletrac, Inc. Vendor Mailing Address 3330 N.W. 53rd Street #302 State Florida Tele hone Number . (954) 484--1300 Ext. 414 ' SNAPS No. Through: ' SPURS or S.S. Number_ y Internet Teletrac--onlivA.cUS City Fort Lauderdale —� Zip 33309 Toll -Free Number (800) 497-4999 Ext. 414 p Area to be Served 'Palm Beach County, Broward County, Dade County, Orlando ' e Contract Delivery will be 34 days after receiving order. Check box(es) which apply. if yes, describe In space provided. Warranty Associated with 5ervic No Yes Product contains recycled content' ❑ ❑ Product provides energy conservation factors ❑ ❑ Product has.environmentally desirable characteristics ❑ ❑ Product canservasresources ❑ © Reduces unneccesary mileage / gas consurapt l r:coura;es an emerging technology ❑ ❑ Automat i c Vehicle Location Technolo v Fzs1jsg of S4APS Agreement . sats sacepted by the $ a t' Prc;csa� w"h recommended awards wry t e costed ter review by Interested part es at t-0 toes'cn>^fiera Proposals were negcWttge 12g vr4 remain posted let$ pentad accf72 liters. pee' a .s r.: t aFrate:t wt1h i the time prescrEbed In Sect;on 120M(3). Fronde Statutes, shall cuntb'tuto a waiver of proceedurgs under Ota, er d a Ferda Statytes. Ali prcpo yr- be en e: z n r:.blect to t`. a States terms and ecodil.'cm and any and aft addillonal terms and condtlens subraDmed by the proposers ere ra'taSed and 043 haw no force end effect. PcsErg Cl �p_a ee the same tartats, auGpaes ar al.a :`�t`alt`WagreementfsmadeYntihautpriertrderslarding,orcrnect'anvrit'sanyeorpeeatcr>,frm.wparsonmauthar.secs := r,;rec s t and without eetEsslon or fraud.! agree to a'sida by all condticns of t>ss proposal and certify Bwt t am etRftodxed to sin �� proposal ICt the proposer and t at�i prcpo -,a cer'habrequlrarnents,tnc[�drrgbutrott�ruZedtocertiPoationrequlremarus.InsutmTngapreposal.thepraposere`enendagrsasUratilthaproposallseccepted.t`eprcposar now of rm: ent SNI be ra:e se,:, ass''{rt or transfer to the State of Florida ati 6ghs, title and interest in s urcc aas d acquireda oby t o Sta;e of 1`146da-At the States edLsesaticn lsuch ass S tMe vRt� Sa:as z .,aSa:a etFSar'Lalar itefistr+grata'ngtothapadicularcommod'�IesarurrScesp ar,C:•�-^aetretiveat s t-_-Apropcser. ti� �� I - .z Vermillion , Pr000seta Name (Please Print) „ „, .,,Mnnxr..rxro�rt►rr -+r Authorized Signature Noncon!ormaaca to Agreement Conditions: items may be tested and larinspected tot compliance with specifications by Oe Flodda department Of Agriculture and Corsamor Ser: ces, a. by other appropriate testing facilities. Should the Items tail testing, the State may require the vendor to reimbursa the State for costs incurred by G.e State In cennec:,on wlth the examination or testing of the commodity including costs reiating to transporting the eommediy samples to the lesting site, actual test costs, personnel costs and other applicable costs. The data derived from any tests for eampiiance with specifications are public records and open to examinaecn ttiere,o in accordance v Mth Chapter 119, Florida statutes. Items delivered that are unsatisfactory may be rejected and returned at vendors expense. These items and i:ewrotdeliisredasrerdeliverydateinproposaland/orpurchaseordermayresultInproposerbeingfoundIndefaultinwhicheventanyandallreprocurementcosts may ba charged agalrr.st the defaulting contractor. Any violation of these stipulations may also result In: (a) Suppriars name being removed from the Division of Purchasing vendor mailing iLst. (b} Ail State departments being advised not to do business with the supplier without wdGenapprovalofthe Division ofpurchasing uniilsuchGmeasthasupplier reir-.Lurses the State lar all repmcurement and cover costs. Leg al Requirements. Applicable provisions of all Federal, Stale, county and local laws, and of all ordinances, rules, and regulations shall govern development, submittal and evaluation of all proposals and shall govern any and all claims and disputes which may arise between person(s) submitting a proposal response hereto and the State ofFlodda,byandihroughilsoracers, employees and authorizedrepresentatives, oranyother person, natural orotherwise;and lackofknowledge h an ro ser Shall not constitute a cognizable defense against the legal effect thereof. Advertising: In submitting a proposal, proposer agrees not to use the results therefrom as a part of any commercial advertising. Assignment: Any Agreement or Purchase Order issued pursuant to these negotiations and the monies which may become due hereunder are not assignable except with the prior written approval of the purchaser. I-labllity:Tha proposer shall hold andsave the state olFlodda. its officers. agents, and employe as harmless against claims by third parties resulting from the conleactoes breach of this agreement or negligence. Facilities: The State reserves the light to inspect the proposers facilities at any Erne with prior notice. Renewal: The Division of Purchasing reserves the option to renew the period of 643s agreement, or any portion thereof. Rene h'al Of the agreement period shag be by mutual agreement In writing. Concellation:Thls agreement maybe cancelled In whole or partby eitherparty bywrlaen notice to the otherparty.T he effective data of the cancellationwillb a as stated In the notice or an the date of receipt, If the notice does not specify a date certain. Patents and Royalties: The proposer, without exception, shall indemnity, hold anal save harmless the State and its employees from Liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented Invention. process, or article manufactured or supplied by the proposer. The proposer has no liability when such claim Is solely and exclusively due to the cambination, operation or use of any article supplied hereunder with equipment or data not suppil ed by contractor or is based solely and exclusively upon the Sate's alteration of the article. The State unit provide prompt written notification of a claim of copyright or patent infringement and will afford the proposer full opportunity to defend the action and control the defense. Further, If such aclaim is made oris pending the contractor may, at its option and expense procure for the State the right to continue use of, replace or modify the article to render It non -Infringing. if none of the a'tematfves are reasonably available, the State agrees to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent Jurisdiction. If the proposer uses any design, device,'or rratedals covered by letters. patentor eopyeghl, Ills mutually agreed and understood without exception that the proposed prices shall include all royalties or costs arising from the use of such design, device or materials in any wayinvotvedwith the worn. Public Records: Any material submitted will become a public document pursuant to Section 119.07, Flo rlda Statutes. This includes material which the proposermight consider to be confidential or a trade secret. Any claim of confidentiality is waf red upon submission, effective after opening pursuant to Section 119.07, Florida Statutes. Price schedule; The Integrity of the approved price schedule must be maintained at all times. Thep enaky for vicial'ng the approved price schedule will result In default as described In Nonconformance to Agreement Conditions above. Contractors shall distribute duplication of the price schedule stamped 'Approved by the Division of Purchasing Oreering instructions: proposers must include complete and detailed ordering Instructions, Including their Statewide purchasing Subsystem (SPURS) verrdornumber ic: Ir:vc[cirg dealers, an the form provided. P L-,bUc Ertity Crimes: A{lerson or affiliate who has been placed on the eonvlcted vendor 1rs! following a conviction for a public entity crime may not submit a bid on a contract to provide any goods ar services to a public entity, may not submit a bid an a contract with a public entity for the construction or repair da. public build+ng c: put". vrcr.<, may notsubmitblds on leases of real property to a public entity, mayrotba awarded or perform worc as a contractor, supplier, subcontractor, orconsultant L..Ce, a cant.-actw icy any public entity, and may not transact business with any public entity In excess of the threshold amount provided Ins. 287.017 far CATEGORY diO for a period ct 36 months from the date of being placed on the convicted vendorlfst P-2sponslbilltles: (a) P. or to award, the contractor(s) must provide proof of commerciality of the commodity or service being offered; Le., copies of invoices, purchase orders, r:farerces, etc. (evidence that product a service has been marketed). (.) T. -,o ccntractor(s) will be responsible for duplication and distnbuliion of approved and signed agreement and price s:hedute. (.) The contractor shall furnish nhe Division of Purchasing contractors r me; total fa detailed summary . of lsales for each cammcdty sod during the mo es (it SW.ces, lot each PiJfcbas1xg entity, at the total dollar amaunrt oT qua tar. The summary shall Include: SNAPS pu.c`ases, and the total ofall credits provided toeach agency. Failure to providethisinlormationWithin thirty(30)calendar days following the end of each quarter shalt result in automatic, llateral cancellation of the contract by the Division of Purchasing. rdperfect 5.1) or One (1) set Of Ilng ls for the (d) offc s.t`trou o1 P t rchasIrt3will t ihap may bee lntererovide, at no o ed I purchasingto the alh aeomrradiy aesarril a being af'er d Please indicate ahow you erequire Your rlab etsr g Hard Copy • LI -NI ITATION OF REMEDIES SPECIAL CONDITIONS Contractor's entire liability and the State's exclusive remedy shall be as follows: 0 In all situations involving performance or non-performance of machines or programming'(other than licensed programs) furnished t:nd_r this Agreement, the State's remedy is (a) the adjustment or repair of the machine or replacement of its parts by Contractor, or at Contractor's option, replacement of the machine or correction of programming errors, or (b) if, after repeated efforts, Contractor is unable to install the machine or a replacement machine, model upgrade or feature in good working order, or to restore it to good working order, or to make programming operate. all as warranted, the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. For any other claim concerning performance or non-performance by Contractor pursuant to, or in any other way related to the subject matter of, this Agreement or any order under this Agreement, the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. If this contract is for the purchase of hardware maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be liriiited to actual damages up to the greaterof $100,000 or an amount equal to 12 months maintenance charges for the specific machines under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific machines when the cause o; action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the State for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tortuous conduct. If this contract is for purchase of software maintenance services, then the following shall apply: Contractors entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to then eater of S 100,000 or an amount equal to 12 months maintenance charges for the specific software product under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific software product when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default". or to (c) claims by the State for personal injury or damage to real property or tangible personal property caused by Contractors negligence or tortuous conduct. If this contract is for services other than hardware or software maintenance, then the following shall apply: Contractors entire liability and the state's exclusive remedy for damages to the state for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of S 100,000 or an amount equal to the charges invoiced for the services which are the subject matter of, or are directly related to, the cause of action. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in "Patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the Department for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tcrtuous conduct. If this contract is for the acquisition of licensed programs, including personal computer licensed programs, then the following shall apply: Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non. performance of licensed programs furnished under this Agreement, the State's remedy is (1) the correction by the Contractor of Iicenseu program defects, or.{2) if, after repeated efforts, the Contractor is unable to make the licensed program operate as warranted, t:a Sta:e shall be entitled to recover actual damages to the limits set forth in this section. For any other claim concerning perforrr:ance or non-performance by the Contractor pursuant to, or in any way related to, the subject matter of this Agreement the State shall be enti!':ed.to recover actual damages to the limits set forth in this section. Con;.r r:=:'s liability for damages to the State for any cause whatsoever, and regardless of the font of action, whetherincontract or in tart including negligence, shall be limited to the greater of $100,000 or the one time charges paid for, or any monthly license or initial Iicense charges which would be due for 12 months use of the licensed program that caused the damages or that is the subject matter of, or is di.-ectly related to, the cause of action and shall include any initial or process charges paid to the Contractor. This limitation of li�'aility I not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "patents and l.oya cis;" ar to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled ar to (c) claims for personal injury or damage to real or tangible personal property caused by the Contractors negligence or ta:rr:ocs con. Ju: t. 0 • INCREASE OF CONTRACT SNAPS AGREEMENT NO. 9912086-2 ITEM: DEPARTMENT: TYPE OF PURCHASE: Air time access and port charges for a vehicle location system Citywide Increase Contract REASON: The Department of Department of Solid Waste has seen a need to increase said contract for the air time access and port charges for a vehicle location system. RECOMMENDATION: It is recommended that an increase to the contract amount awarded to Teletrac, Inc., in the amount of $13,999 thereby increasing the total contract amount from $32,000 to $45,999 annually, for the provision of air time access and port charges for a vehicle location system, under existing SNAPS Agreement No. 9912086-2, be approved, for the Department of Solid Waste; allocating funds therefor from Account Code No. 42200 ] .320302.6.340. — JudyUchash arter ,,or of 1111,116 i ate AwardIncrease 0 0 TELETRA C The Fleet Management Advantage A 3eading provider of fleet management solutions for over 10 years. More than. 100,000 units in service today. Over 3,500 customers across the U.S. Fully operational nationwide customer service network. Comprehensive customer training and support programs. Affordable and proven products offering rapid return on investment. Teletrac was founded in 1988 and specializes in wireless remote fleet management and associated two -.way data communications and security technology for fleet management. Fleet Director by Teletrac is a PC-based computer mapping system, with real-time location and two-way communication capabilities. ?lodular Fleet Director ensures total scalability. This flexible, expandable software grows with you. Whether your fleet management requirements are simple or highly complex, Fleet Director provides exactly the functionality you need. Options include additional network clients, exception alerts, additional maps, integration services and more.... Vehicle Location Locate one or all of your vehicles with a click of a mouse! 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For More Information, Contact us @; (800) 497-4999 or (954) 484-1300 Mike VernulIion—Major Account Manager Jim McGuire—Regional Sales Manager • 0 Purpose: Ur. der authority a Section 287.042(1)(a) and (2)(a), the purpose at this proposal is to establish a negotiated agreement for the purchase of eomnmedilles cr senr!ces by all State of Florida agencies and other eligible users, on in expedited basis. The agreement will provide an oppa ur.i,y to evaluate, assess and determine the need, benerit and value of commodities orservices that conserve resources, are energy efficient, environmentally friendly, contain recycled content; or encourages an ems ,ing technology; and the feasibility of establishing future state term contracts, through the competitive process. The agreement will also tree the eligible users 1.ar1 the necessity of obta?ning competitive quotations for the purchase of these commadides/services, up to the limit of Cate,ary V. State agency use of this agreement will not be mandatory. Ordering Limits: Total agency wide acquisitions during the term of the agreement shalt not exceed the threshold amount for CategoryV, except that acquisitions by a^,encies wilh decentralized purchasing functions shall be considered on the basis of each purchasing office that ma!ntains fr:!I•time purchasing stalf. Notice of Bid/Proposal Protest Bonding S equl rement. Any person who tiles an action protesting a decision or Intended decis!onporla?Hing to contracts administered lay the Division ora state agencypursuant to Section 120,53(5)(b), Florida Statutes, shall post with the Division or the stata agency atthe time of riling the formal written protest, a bond payable to the Division or state agency In an amount equal to one percent (1%) of the Divisions cr slate agencys eslrmate of the total volume of tha centract or 55,000, whlehever Is less, which bond shalt be conditioned upon the payment of all costs whlch maybe adjudged a;ainnst him in the administrative hearing In which the action Is brought and In any subsequent appellate court proceeding. For protest at decisions or Intended decisions 01th0DivWonpertaining toagendes' requests for approval of exceptional purchases, the bond shall be In the amount equal to one percent (11%) of the requesting zgercys estimate of the contract amount for the exceptional purchase requested or$5,C00,whichever is less. In lieu of a bend, the Divislon or state agency may, In eithercase, accept a cashier's check ormoney order In the amount of the bond. Failure to file the proper bond at the time of riling the formal protest, will result Ina danlal of the protest. Prlces,Terms and Payment: Firm prices shallbeproposed and include all packing, handling, shipping charges and delivery un lass oche nvisalnd:cated, The contractor name and address shown on invoices must be Identical to the contractor name and address on the purchase order. (a) Taxes: The State of Florida does not pay Fede ral Excise and Sales taxes on direct purchases or tangible perioria! ptcperty. See tax exemption number on face of purchase order or agreement lorm. This exemption does not apply to purchases of tangible personal prepem.1In the pe'ormance of contracts for the improvement of state-owned real property as defined In Chapter 192, Florida Statutes. (b) Invoicing and Payment: The contractor shall be paid upon submIss!on of property certified Invoices to the purchase., a, the paces stipulated on the agreement at the time the order is placed, after delivery and acceptance of goods, less deductions If any, as provided. Invoices shall contain the agreement number. purchase order number and the contractors Federal Employer Identiifrca'ion Number. An original and three (3) ccpias of the invoice shall be submitted. Failure to follow these Instructions may result in delay In processing Involces for payment. Interest Penalties: Payment shall be made In accordance withSect?on215.422,FloridaStatutes,whichstatesthecontracto'srightsandtheStateagency's responsibilities concerning Interest penalties and time limits for payment of Invoices. Vendor Ombudsman: Vendors providing goods and services to an agency should be aware of the foiloxirg urs fraises. Upon receipt, an agency has rive (5) worliing days to Inspect and approve the goods and services, unless the bid specifications, purchase order or contract specifies olh1rM$e. An agency has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of tha date the Invoice Is received or the goods or services are received, lnipected anct approved. It a payment is not available within 40 days, a separate Interest penalty set by the Comptroller pursuant to Section $5.03, F.S., wll be due and payable, In addition to the Invoice amount. to the vendor. To obtain the applicable Interest rate, contact the agency purchasing office. The Interest penalty provision applies after a 35 daytime period to healthcare providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the vendor requests payment Invoices which have to be ietumed to a vendor because of verdar preparation errors will result In a delay In the MM ant. no Invoice payment requirements do not start until a property completed Invoice Is provided to the agency. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this Individual include acting as an advocate for vendors who may be experiencing problems In obtaining timely payment(s) from a Slate agency. The Vendor Ombudsman may be contacted at (904) 488.2924 or by calling the Stale Comptrollers Houine,1-800-1348-3792. The Division of Purchasing shall review the conditions and circumstances surrouremg non-payment, and unless there is a bona fide dispute, the Division may, In vidting, authorize Lye contract supplier to reject and return purchase o dans from said agency until such time as the agency complies with the provlsions of Section 215.422, F.S. (c) Annual Appropriations: The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. Conflict of Interest: The award hereunderls subject to" provisions of Chapter 112, Florida Statutes. Proposers must dis: ose the name of any officer, director, cr a^ern who is also an employee of the State of Florida, or any of Its agencies. Further, 0 proposers must disclose the nam.9 at arty State employee who orms, directly or i.ritirectly, an Interest ol.Aya-percent (5'/.) or more In the proposers firm or any of Its branches. Governmental Restrictions: In the event any governmental restrictions may be Imposed which would necessitate aitere .'on cl the mateeal, quality. workmansNP or perk. -ante of the Items offered In this agreement prfar to they delivery, it shall be the responsibility of the succe'sslut propos=.r to nobly L;e buyer at Once, bn4callrg in hl., le"t,r the speclf!e regulation which required an alteration. The State reserves the right to accept any such allerallon, Ircicdirg any price adjustmenis occasioned Char^_by. or to cancel the contract at no further expense to the State. I: spection, Acceptance and Title: Inspection and acceptance will beat destina'ton unless othervifse pror!ded. Title and risk or loss or damage to all Items shall los the r: sporsrbi:ity of the supplier until accepted by the ordering agency, unless loss or damage results from negligence by the oriarng agency. The contract supplier 9' -'%; a respens7ble for tiling, processing and collecting ail damage claims. However, to assist him In the expeditious hard'rg of damage c!aims, the ordering agency v,::I, racer d any evidence of visible damage on all copies of the de,ivedr,g carrier's Bill of Lading: report damage (Visible aid Concea%,d) to the earderand Supplier. core! :.-irg such reports. lnwritirg, within i 5days of de?!very, requasling that the careerinspect the damag ed morchandrsa• and re ap?n lheltar r and its shippingconislner• Inc;:= rg inner packing material, until Tnspecl!on Is performed by the carrier, and disposition given by the supprien; pro•rde t: -supplier v,::h a appy of the earfiers B; ! a! I.aclrg and damage Inspection report„ S ervlco and Warranty: Unless otherwise specified, the proposer shall define any wawa..i.y service and replacements that n.3 be prov!ded during and subsequent to this a3reemert. Proposers must explain on an attached sheet to what extent vrarrenty and service facilities are proVded. S ami?.•s: S=:: pies of Items, when requested by the D!vis!on of Purchasing, must be furnished free of expense, witrin len (10) wodeng days of request, and If reel dee � fad may, t 16n request, be rehimed at the proposers expense. Each!r&Adual sample must be labeled with prcpose's came, manufacturers brand name and r,_ r_er, a,ret~tent number and Item reference. Request for return of samples shaA be accompanied by Instructions v,h.ch!ndud3 shipping authorization and nam" 11 (:,_;ructions are not received, the commodities shall be disposed of by the State of Florida. QNjj i- fret Y,Y 7 0 • nL'TELLECT'UAL PROPERTY Any ideas, concepts, know-how, data processing techniques, software, documentation, diagram schematics or blueprints developed exclusivcly by.contractor personnel in connection with this SNAPS agreement provided to State %vill be the exclusive property of the contractor. Any joint or future software development effort will be subject to a separate agreement signed by State and the contractor, wherein all ownership and license rights to such maintain sole ownership of its own protectable proprietary materials, which are developed or owned solely by State or the contractor, respectively. Nothing in this Agreement shall affect in any way the contractor, or third party, 3%vnership of all right, title and interest in and to any existing contractor, or third party, system software, application software, routines, techni ues ideas or formulae which may be utilized in whole or in part by the contractor in performing services for State, or any m /' qat ns, enhancements derivative works thereof, which shall remain solely the property of the contractor. Sianature- / Date - a Revision 1126/99 Contractor shall hold and save the State harmless for any and all suits and judgments against the State for personal injury or damage to rzal or tan Zible personal property caused by Contractors tortuous conduct in the performance of this Agreement provided that, (a)'the S:ate promptly notifies Contractor in writing of any claim, and (b) Contractor shall be given the opportunity, at its option, to participate he wid associate svith the State in the control, defense and trial of any claims and any related settlement negotiations and, provided furtr, that with respect to any claim, or portion thereof, for which Contractor agrees at the initiation of such claim that Contractor shalt save c .d l;ald the State harmless, Contractor shall have the sole control of the defense, trial and any related settlement negotiations, and (c) the State fully cooperates with Contractor'in the defense of any claim. In no event, however, will Contractor be liable for (a) any damages caused by the State's failure to perform the State's responsibilities, or for (b) any lost profits or other consequential damages, even if Contractor has been advised of the possibility of such damages, or for (c) any claim against the State by any other party, except as provided in the hold harmless provision of the preceding paragraph of this Special Condition and except as provided in the General Condition entitled "Patents and Royalties`, or for (d) any damages caused by performance or non-performance of machines or propm aming located outside the United States or Puerto Rico. YEAR 2000 COMPLIANCE WARRANTY For purposes of this Year 2000 warranty, the term "Product" shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and purchased by the State, for which Vendor is obligated to provide maintenance service are, and in the future, will be. Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1. 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product -with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the State. Vendor cannot be held responsible for errors resulting from devices or systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users improper integration of non - Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. YEAR 2000 REMEDY CLAUSE In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, azree to immediately make required corrections to restore hardware and software programs to the same level of functionality as w- ranted herein at no charge to the licensee, and without interruption to the ongoing business of the licensee. time being of the css^-ce. RESELLERS A l prod ns bid under this bid/contract will be Year 2000 compliant. Year 2000 Compliant means the Product will include the ability t::': consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date ou:a it, a: w processing dates; function before, during and after January 1, 2000, -without -the need -for program changes caused by the ' d:C= t of the new century; properly handle all date related information before and following Jan 1, 2001, including but not lirrdted to ••-c':.at and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly r ;=ess any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date inf, -:nation in ways that are unambiguous as to century. Resellers may provide a "pass through warranty" from -the it:.:,�factt rerlsoftware developer, which meets all the warranty requirements by the State, and which shall include all other warranties r ravjded by t-te manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy warranty requirements. g TRAVEL EXPENSES AND WORK TIME _1i. " � r.-�" I) Trav�i e:<pen: es will be paid pursuant to the provisions of Sedtion 112.061. Florida Statutes. Services will be provided Monday t1:' 3'•%',1F Frkti v. excluding hnlieilvs_ rhirina chi- nnrmnt wnrl- kr%"" _nrth.. rt;nne'r—C(11r- .,r e)1e ta.,.;a., T -T , AI b.,., - ,,nrenn 0 Teletrac, Inc. State of Florida State Negotiated Agreement Price Schedule Ordering Procedures (Cont.) Shi2yina: Teletrac, Inc. will handle the shipping and handling of this equipment. We do onsite installations of vehicle location equipment and workstation software. Pavment Terms: Net 30 Days Volume Discounts: May be available upon request Effective Date: 04-01--99 Service Line: 1-800-497-4999 ,) - V. �) 0 333,41 IN NV ;;i'.I Ciroor—C..;i. ±52/11 !A,,. -r f .....r._ I, I rrn,%- i r -- .,.... .... _..... Teletrac, Inc. State of Florida State Negotiated Agreement Price Schedule Ordering Procedures To lace an order in the State of Florida: You may mail or fax your request / complete purchase order to Teletrac, Inc. location listed below. For All Orders and/or Requests: Mr. Mike Vermillion ---Major Account Manager Mr. Jim McGuire—Regional Manager Teletrac, Inc. 3330 N.V. 53' Street ---Suite #302 Fort Lauderdale, FL 33309 Telephone: (800) 497-4999 or (954) 454-1300 Ext. 414 Fax: (954) 486-2799 Purchase Orders Must Include the Following Information: 1. All "Ship -To" and "Bill -To" information. 2. A contact name and phone number of the person requesting the order. 3. Reference contract order number / Purchase Order number. 4. Complete description, vendor part number, quantity and price of each product and/or service. 5. Any other pertinent information as needed. Our Sales Executives are here to service the State of Florida. Should you !iced information to complete your purchase order, a price quote, prodLict information, or aiiy otiier'service+or assistance, do not hesitate to call Teletrac, Inc. C (800) 497-4999 Ext. 414 (Mike Vermillion) or Ext. 416 (.1i -m NlcGuirc). 3110 IN W 5i'� 11n•.•r_cn "t_1r11 1 T-_, T _ r, i..I , , [-i,._..i.. • i TELETRAC--1999 GOVERNMENT PRICE LIST ITE "J1 PRICE DISCOU PRICE AFTER DISCOUNT PACKAGES Vehicle Location Package $639.00 10% $575.10 Status Message 1 $799.00 10% $719.10 Vehicle Location Package Message Display 1 $959.00 10% $863.10 Vehicle Location Package Trailer Package $959.00 10% $863.10 "AH of the above packages include: Vehicle Location Unit, Standard Installation, 3 dB Antenna. DATA TERMINALS (Add-on to Location Only Package) Status Message Terminal $209.00 10% $188.10 Message Display Terminal $349.00 10% $314.10 ANTENNA UPGRADES* Transit Dome Antenna $55.00 10% $49.50 5 dB Gain Antenna $80.00 10% $72.00 SECURITY UPGRADE* Back-up Battery $43.00 10% $38.70 Standard Alert Button $107.00 10% $96.30 Remote Alert Button $187.00 10% $168.30 INSTALLATION UPGRADE" Hidden VLU Installation $40.00 10% $36.00 Evening/ Weekend Installation $40.00 10% $36.00 `Acid to Package Price. SNAPS Approved by DMS , Stale Purchasing .". y -2� 0 -s Id-5St1� �+.. • Ordering Instructions NOTE: ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER: `� $ l [ `t 03 - O o VENDOR. Teletrac, ink STREET ADDRESS OR P.O. BOX:,_ 3330_ N.W. 53 -rd Street ,Sui to e101 CITY, STATE, ZIP: Fort Lauderdale , FL 33309 ORDERING FAX No.: (954) 485-2799 REMIT ADDRESS: 213, Faraday- Axzarua CITY, STATE, ZIP: Carlsbad, CA 92008 DELIVERY: DELIVERY WILL BE MADE WITHIN —.32 DAYS AFTER RECEIPT OF PURCHASE ORDER. TERMS: 50% and/or P.O. %. 4 _ DAYS PRODUC'" INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: Michael Vermillion (major Account Manager) ADDRESS: 3330 N.W. 53rd Street ---Suite #302 CITY; STATE, ZIP: Fort Lauderdale, FL 33309 TELEPHONE: (954) 484-1300 Ext. 414 / (800) 497-4999 Ext. 414 TOLL FREE No: (804) 497-4999 Ext. 414 INTERNET ADDRESS: mvermiilion@teletrac-online, con - DESCRIPTION OF PRODUCT/ SERVICE OFFERED: A,.,.tomatic Vehicle Location Products & Services F1 -,et- Management Software (Fleet Director Enterprise Edition ProprietarySoftc:are) :':ta Communication Products & Services Status Messaging & era age n 7 •• T" _r..i 1_ 0j.-1.;,0 - One Additional Metro Map $525.00 $472.50 S9.00 Two Additional Metro Maps $975.00 $877.50 $15.00 Leased Line" $675.00 $607.50 $149.00 'Includes DSU Modem. $157.50 $5.00 5 Client Package "Does not telephone company charges for set-up or lease, $15.00 10 Client Package Internet Connection (24/7) No Charge No Charge $149.00 'Real Time 24 hour connection. $1,201.50 $40.00 20 Client Package Internet Connect --Basic No Charge No Charge $39.00 Automatic 95 -Minute updates. Dial -Up No Charge No Charge No Charge FLEET DIRECTOR LAN SERVER Fleet Director LAN Server SW $2,825.00 $2,542.50 $99.00 'Includes Server SW Only. Fleet Director Wan Software Maintenance includes On -Site (40 hours per year), Help Desk, Training & Updates. $3,865.50 $110.00 Exception Alert & Report SW $175.00 $157.50 $5.00 5 Client Package $495.00 $445.50 $15.00 10 Client Package $915.00 $823.50 $28.00 15 Client Package $1,335.00 $1,201.50 $40.00 20 Client Package $1,760.00 $1,584.50 $50.00 "Requires use of a direct -connect option. No dial-up service available for Server / Client Set -Up. For Use As a Dedicgtgd&( Sg-Up: All cabling is required by Teletrac's Customer Service Department on a per job basis. Dedicated LANs may require additional licensing charges for Windows NT Operating System. FLEET DIRECTOR WAN PRICE PRICE MONTHLY MAINTENANCE 1 (AFTER 10% DISC.) SUPPORT Fleet Director Wan Basic Server Software $4,295.00 $3,865.50 $110.00 Exception Alert & Report SW $175.00 $157.50 55.00 One Additional Metro Map 5525.00 $472.50 $9.00 Two Additional Metro Maps $975.00 $877.50 515.00 ,..�' SI VAI S mm Approved by DO • State Purchasing -10,0() j.. Z. TELETRAC--1999 GOVERNMENT PRICE LIST (Cont.) SERVICE CHARGES Peak Access Units Location Only Package 1000 Status Message Package 2000 Message Display Package 2500 Off -Peak Monthly Access Units Rate 1000 $32.00 2000 $34.00 2500 $39.00 All plans include removal, replacement, repair and reinstallation of defective Vehicle Location Units and Data Terminals at no additional charge. SOFTWARE ENHANCEMENTS Custom Reports As Quoted 'Teletrac will create customized reports to meet your specifications. Integration Services As Quoted 'Teletrac will develop an interface between Fleet Director & most widely used business software CONFIGURATION PRICING & MONTHLY MAINTENANCE CO F GURATIDN P812E PRICE MONTHLY MAINTENANCE 1 (AFTER 10% DISC.) SUPPORT Winfleet (Less than 10 vehicle—s Winfleet $885.00 $796.50 NIA FLEET DIRECTOR STAND ALONE SET-UP Fleet Director Software (Basic) $2,520.00 $2,268.00 589.00 ''ncludes license for server SW 8 1 Client 5 *.-,are Maintenance includes On -Site, Help Desk, Training a Updates at no add?, charge. ` Exception Alert & Report SW P P 5175.OD 5157.50 � "�55:0�- E-�� «! -� SNAPS Approved by WAS - state PurcliasirQ .5 /L-fi j 4-41— , 25 Client Package $1,995.00 $1,795.50 $50.00 50 Client Package $3,495.00 $3,145.50 $80.00 100 Client Package $6,395.00 $5,755.50 $120.00 100+ Client Package $8,495.00 $7,645.50 $180.00 'Requires use of direct -connect option. No dial-up service available. TELETRAC-1999 VOLUME DISCOUNT PRICING (EQUIPMENT & SOFTWARE PACKAGES ONLY) Number- of Units/_VaNtc]es Percentage (%) Discount Units 1-50 10% aC Units 51-100 12% Units 101-150 15% Units 151 + 20% TELETRAC--1999 INSTALLATION FEE STRUCTURE SERVICF. RERFORMEDPRICE Standard Re -Installation (VLU) $90.00 'Hardware not included. Data Unit Re -installation Add $40.00 Trailer Unit Installation $175.00 Heavy Equipment Installation Add $20.00 Removal of VLU $40.00 After Hours Removal Add $,15.00 Trip Fees (3 or less units) - $50.00 Standard Labor Rates (per hour) $85.00 'Jn r, -;,air e. non -warranty items. �} I� Il in+ Reactivation Fee $25.00 SNAPS Approved by DMS * State Pllmhavng <:/z -4y_