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HomeMy WebLinkAboutR-99-0849J-99-881 10/13/99 RESOLUTION NO.03 9 -- 849 A RESOLUTION OF THE MIAMI CITY COMMISSION APPROVING THE PROCUREMENT OF AIR TIME ACCESS AND PORT CHARGES FOR A VEHICLE LOCATION SYSTEM FROM TELETRAC INC., UTILIZING AN EXISTING STATE OF FLORIDA NEGOTIATED AGREEMENT PRICE SCHEDULE (SNAPS) NO. 9911506, FOR THE DEPARTMENT OF SOLID WASTE, IN AN AMOUNT NOT TO EXCEED $32,000; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 422001.320102.6.340. WHEREAS, Resolution No. 99-628, adopted P on September 21, 1999, approved the purchase of a vehicle location system, for the Department of Solid Waste, that has the ability to locate any vehicle in the fleet at any time throughout the City; and WHEREAS, the vehicle location system requires air time access and port charges that may be purchased utilizing an 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: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this - 1 - CITY CCa}SS USNOR ME ETUIG or N rl tr 1 9 1999 CR�oeolution No. A_ m ; Section, Section 2. The procurement of air time access and port charges for a vehicle location system from Teletrac, Inc., utilizing an existing State of Florida Negotiated Agreement 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 n,-,-,,,,,,,- No. 422001.320102.6.340. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 16th day of November , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not Indicate apprr�% -0 of this legislation by signing it in the designated place provided, said l ,:: -.y becomes effective with the elapse of ten (10) days fr the date of Ccm cn regarding same, without the Mayor exercis' g a e ATTEST: Wa _ , City Clerk WALTER J. FOEMAN CITY CLERK APPROV AS R COL&ECTNESS :E/ TTORNEY 57:RCL �i 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. Q9-- 849 TO FROM: t. CITY OF MIAMi, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and Members of the City Commission ID nald H. Warshaw City Manager RECOMMENDATION: i0V - 2 1099 DATE Resolution Authorizing SUBJECT: Purchase of Air Time Access/Port Charges REFERENCES: Vehicle Location System Florida SNAPS BID ENCLOSURES:# 991150 6 FILE: It is respectfully recommended that the City Commission approve the attached resolution, authorizing the City Manager to approve the procurement of the Air Time Access and Port Charges for the Vehicle Location System, authorized by (Resolution No. 99-628) at the September 21, 1999 City Commission meeting, under an existing State of Florida SNAPS Bid #9911506 from Teletrac, Inc., in an amount not to exceed $32,000.00. Funding is available in the department's budget from Account Code No. 422001.320102.6.340. BACKGROUND: The Department of Solid Waste in its continuing effort to improve upon the efficiency and productivity of the department seeks to purchase the Air Time Access and Port Charges for a Vehicle Location System. This system would provide software and hardware for heavy equipment fleet location. Specifically, the system allows for (Automatic vehicle location products and services; Fleet management software (Fleet Director Enterprise Edition Proprietary Software) and Data communication products and services (status messaging and message display terminals). Additionally, this system would allow for improved time management relative to overall manpower and equipment deployment city wide. c co /rpD DHW/RM/CP/b cc: Raul. Martinez, Assistant City Manager Clarance Patterson, Director 09- 849 {fir CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Donald H. Warshaw "T Q $ W9 DATE: FILE City Manager SUBJECT: Resolution Authorizing the Purchase of Air Time Access/Port Charges arance Patterson, Director Vehicle Location System FROM: Department of Solid Waste REFERENCES: Florida SNAPS Bid ENCLOSURES: #9911506 The Department of Solid Waste has verified with the Department of Management and Budget that funds are available in an amount not -to exceed $32,000.00 from the department's budget, Account Code No.,922001.320102.6.340. Budgetary Review and Approval By: Date: fi Luie Br nan, Interim Director Department of Management and Budget DHW/RM/CP/blp City of Miami ilalltaganesnt B Budget Do% iO-&- 4 Tlrne 4 M) Amount of $ ,35; 3009, 6 is available In account number: �z o�>�, i a, #c erifed W MGNATURE 99- 849 r l L.r. No. tyts vy1.3v ' vv vq : ets Ill : n 1 Hn 1 M I AM I 19544862799 PAGE 2 GA 6 1A E rim I Miami opf�mtlons metrac 3330 N W b3rtl 5lrobt, $una 302 F1 000"1'6410 FL 3.130 (954) 484•t3on Pax. (954) 486-2799 DESCRIPTION OF EQUIPMEN1' & SERVICE ORVEIt FOR CITY OF MIAMI SOLID WAY) t. 71ic sipnaturc ut the bottom is an ai=piance or this order. The Cttq• of Miatlti's Purchase Ordei I entu attd Conditions will apply Additional infonnation will bL forwarded troni the Depamovii of Procurcmclll Peak /Oti-Peak Service It of Access Units Rate Vi hide% Total Mthiv. Per Vch. TELEIRAC SERVICE: Messaging/Location Package 2000/20110 S34.00 70 S 2.3110.00 'breach loc-ariwi 1 access unic h_irch me.ccage = 2 aecexs' unirv. Access units arc a&rrKrard fur the whale fleet (,tier plan). All plans' include remm al, replacement, relxsir and reinstallatiun of di jecrive 1 •'rhu.•lc Location Units & Data 7'emanalr at no Charge (ivarranlv). (1) Workstation Maintenance Plan -Include.• all saftwrarr support (an -sate & lelephone), fuJlware and neap upgrradeN and urliiitional lrainin,Q at no charge. (1) Eaception Report Software Support (1) Client Software: Support (1) DEDICATED PORT CHARGE (24/7 CONNECTION 1'0 CONTROL CENTER) Total Mouthly Investment for Service and Sunzwrt TOTAL YEARLY = S31,776 year TELETRAC EQUIPMENT: S 9'J.00 S 5.(r(1 (70) Status / Location Units (Fri S799.UU each list = $ 55.9311 /includes Vehicle Lncn0 nr Units. Status AAe.:vaginq Terminals. 3 dB Gain:Infennas, wiring harne:. r.v and on -file installation. (1) Fleet Director Enterprise Software ii? S2825.00 = S Z X25 -Includes l teen Director t.nterpri.cP F.ditiun 1'rvprirrary.%Jlw•are. Clak Afopw-are and Training, (1) Exception Rcpaning Software Package (ii? S175.00 = S 175 (1) Five (5) Client Software Package (u; S595,t10 S 59i SUB- TOTAL INVESTMENT (EQUIPMENT + SOFTWARE) LESS 12% (S7 143) . TOTAL EQUIPMENT INVESTMENT _ _ _.__.$52,382 ' x Signature of Approved—Claivncc Patterson D;alc (Dirrettrr of the Department of Solid Whyte for the City of Miami) 99-- 849 State Negotiated Agreement Price Schedule Division of Purchasing • 4050 Esplanade Way • Tallahassee, Florida 32399.0950 'v - To be completed by the Division of Purchasing r _ SNAPS Title: 06-41CLO j5Cl4Tr o k l PEd D _ S,-A V. ' SNAPS No. (ll5 (a `! d y. • Effective: 19 9 *Through: . >, 19 ayo ._ Federal Employer identification Number 48-1172403 ' SPURS or S.S. Number Vendor Name Teletrac, Inc. Internet Address Teletrac—onli�.crv, 3330 N.W. 53rd Street ��302 Fort Lauderdale `'= Vendor Mailing Address City State Florida Zip 33309 Telephone Number (954) 484-1300 Est. 414 Toll -Free Number (800) 497-4999 Est. 414 Area to be Served Palm Beach County, Broward County, Dade County, Orlando Delivery will be 30 days after receiving order. Warranty Associated with Service Contras-. Check box(es) which apply. If yes, describe In space provided. No Yes Product contains recycled content ❑ ❑ - Product provides energy conservation factors ❑ ❑ Product has.environmentally desirable characteristics ❑ ❑ Product conserves resources ❑ © Reduces unneccesary mileage / gas consumpt Encourages an emerging technology ❑ FLI Automatic Vehicle Location Technoloev Pas'S,^.g of SNAPS Agreement Prc;csa!s with recammended awards wilt to y4s7ed Ice review by interested panes at the location wrheto proposals were nest Wed. L d w] remaln posted far a period of 72 hers. Fa]txe :a r_'s a ;retest vet: n Na tine presented in Section 120M(5). Fledda Statutes, shal eons6tute a watrer cf proeeed'ings under Chatter 120. F,et'Ga Statutes. AS preposats accepted by the Sty: { e: r ::bjW to Na State's terms and ccn dims and any and al addiecrial terns and cenddons submitted by the proposers ere retested and stal have no force and effect Pati g wM ba on c: el . C f 1 a :/ : at tKs agreement Is made without hout price trderstanding, or connedon with any corpora":en, rum, u person submtt:ng a proposal Ice the 3amoVaterials, suppges or eCvipma+t, and is r a: rs:pects talc and without ccttusion ar fraud. I agree to abide by all cendt:ons of this proposal and certify that I am authorized to s'.gn t1•.:s proposal for the proposer and that the Ptoposat Is :`re:;:ares wM a0 requtraments, inchd�ng but rat lirraed to certiecatlon requiemenLL In sem:bitg a prepcsat, the proposer ofrers and agrees that ifthe proposal Is acc0ted.1-ho prop°; er w-7 =rive• , sae, ass' n cr translar to the Slate Of Fbrila al t' htt, Wo and Interest in and to &a causes of action d may n w er heteOmr acqutre under the Antkrust Laws o11he Urted 12.15 a: d :'Ia SW O e1 Florida fee ;tic* ruing rela'sg to the partleutar eommodUes or satv'.ces Purchased cr acquired by the State of Fc6da. Al the StaWs d!sweBen, such assign tnt,ha7 ba its -a a Gbxoreat:eetivrattli¢ lrrfieatI tothe proposer. -.e Vermillion Proposers Name (Pleaso Print)' DFPAMIM OF hW'1(AGWLNP :'.t ice Account htanagr SERVICES Authorized Signature r JL TELETRA.0 The Fleet Management Advantage A leading 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. Modular Fleet Director ensures total scalability. This flexible, expandable software =rows 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! Driver Communications Fleet Director's in -vehicle message display terminals allow you and your drivers to exchange text -based information and status updates. YOU'll know every message reached its destination because Fleet Director clearly displays, time -stamps and logs all communication to and from your drivers. Productivity Reports Fleet Director's powerful reports help you to evaluate your fleet's efficiency, performance and travel patterns. You can gain easy access to the reports and information you need to make informed management decisions through Fleet Director's N-licrosoft Access@ database. E� or More Information, Contact us @ (800) 497-4999 or (954) 484-1300 Mike Vern-Hion--Major Account Manager Jim McGuire —Regional Sales Manager 31 30 NAV. 53"' Street --Suite 0.102 / 1"urt Laud rdule / FIt)ritl:t, 3330,) / 1-;tx it: (95d) 486-17 � '- 8 t Purpose: Urder authority of Section 287.042(1)(a) and (2)(a), the purpose of this proposal is to eitabllsh a negotiated agreement for Ina purchase of commodities cr ser,lcesby all Sca:o of Florida agercles and other eligible users, on an expedited ba $Is. The agreemontwtU provide ancppor;urityto evaluate, assess anddetermine L`.e reed, benefit and value of commodities or services that conserve resources, are energy efficient, environmentally friendly, contain reacted content, or encourages a^ ene:^Ing techrotcgy; and the feasibility of establishing future state term contracts, through the competitivo process. The agreement will also free the eligible user, lr:n tha necescy of obtaining competitive quotations for the purchase of Lhese commocriles/services, up to the limit of Category V. State agency use of this agreement will not be mandatory. Ordering Limit.,: Total agency wide acqutsidons during the farm of the agreement sha:l not exceed the threshold amount for Category V, except that acqutsitiors by a;ancies with decentralized purchasing functions shalt be considered on the basis of each purchasing office that ma!rtains f0f-tima purchasing staff. f i otica of Bid/Propos3l Protest Bonding S equirament: Any person who riles an action protesting a decision orintended declsicn perainigng to contracts administered by the DivWon or a state agency pursuant to Section 120.53(5)(b), Florida Statutes, shall post with the Division or the state agency at the time of riling the format written protest, a bond payable lathe Division orstate agency in an amount equal to one percent (t%) of the Division's or state agency's estimate of the total volume of the contract orS5.000, whichever Is less, which bond shalt be conditioned upon the payment of all costs which Maybe adjudged against him In the administrative hearing In which the action is brought and in any subsequent appellate court proceeding. For protest of decisions or Intended decisions of the Division pertaining to agencies' requests forapproval of exceptional purchases, the bond shalt be in the amount equal to one percent (10/.) of the requesting agencys estimate of the contract amount IarLhe exceptional purchase requested orS5,C00, whicheverts less. In lieu of a bond, the Division or state agency may, in either case, accept a casyier s check ormoney order In the amount of the band. Failure to file the proper bond at tha time of filing the formal protest, will result in a denim of the protest. Prlces,Terms and Payment: Firm prices shall be proposed and include ail packrg, hardrng, shipping charges and delivery urlaw otherwise Indicated, 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 Federal Excise and Saes taxes on direct purchases of tangible personal property. See tax exemptionnumberon face of purchase order or agreement form. This exemption does not apply to purchases of tangible personal properri In the performance of contracts for the improvement of state-owned real property as defined In Chapter 192, Florida Statutes. (b) Invoicing and Payment: Thecontiraclorshall bipald uponsubrnIs*n of prop edy certified invoices tothe purchaser at the prices stipulated on the agreement at the time the order is placed, aherdelivery and acceptance of goods, less deductions if any, as provided. In olces shall contain the agreement number. purchase order number and ilia contractor's Federal Employer IdentiFca::on Number. An original and three (3) copies of the Invoice shall be submitted. Failure to follow these Instructions may result In delay in processing Invoices for paymenL Interest Penalties: Paymentshall be made In accordance with Section 215.422, Florida Statutes, which states the contractoes rights and the State agency'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 following time frames. Upon receipt, an agency has five (5) working days to Inspect and approve the goods and services, unless the bid specifications, purchase order or contract specifies otherwise. 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 the date the invoice is received or the goods or services are received. Wpected and approved. if a payment Is riot available within 40 days, a separate Interest penalty set by the Comptroller pursuant to Section 5S.03, F.S., wilt be due and payable, in addiSon to the Invoice amount, to the vendor. To obtain the applicable Interest rate, contact the agency purchasing once. The interest penalty provision applies after a 35 day time 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 virdcrpreparation errors will result Ina delay In the payment. The invoice payment requirements do not start until a properly completed Invoice Is provided to the agency. A Vendor Ombudsman has been established withn the Department of Banking and Finance. The duties of this Individual include acting as an advocate for vendors who may be experiencing problemsln obtaining timely payment(s) from a State agency. The Vendor Ombudsman maybe contacted at (904) 488.2924 or by calling the State Comptroller's Hotline,1-800.848-3792. The Division of Purchasing shall review the conditions and circumstances surrounding non-payment, and unless there is a bona rde dispute, the Division nay, In vrriting, authorize the contract supplier to reject and return purchase order from sa!d agency until such time as the agency complies with the provisions of Section 215.422, F.S. (c) Annual Appropriations: The State of Florida's performance and ebfigation to pay under this agreement is cor.;ingent upon an annual appropriation by the Legislature. Conflict of interest: The award hereunder Is subject to the provisions of Chapter 112. Florida Statutes. Proposers must dis: ose the name of any officer, director, or agent who Is also an employee of the State of Florida, or any of Its agencies. Further, all proposers must disclose the nave of any State employee who ovens, directly or Indirectly. an Interest of1'Lve-percent (5%) or more In the proposer's Linn or any of Its branches. Govern •rental Restrictlons: In the event any governmental restrictions maybe LTposed which would necessitate alteration of the mate:lal, quality, workmansNp or pedc.=anca of On Items offered in this agreement prior to their delivery, It shalt be the responsibility of the successlul proposer to rotihy Cie buyer at once, tndcating In ids !::t>r the specific regulation which required an aileration.The State reserves the right to accept any such alteration, Including any price adjustments occasioned or to cancel the contract at no further expense to the State. Inspection, Acceptance and Title: Inspection and acceptance w1t be at destination unless othervse provided. Title and ruk of loss or damage to all items shall be the res;onsibiliry of the supplier until accepted by the ordering agency, unless loss or damage results from negligence by the ordering agency. The contractsupp!ier sh.,3 be respcnsble for riling, processing and collecting all damage claims. However, to assist him In the expeditious hard:irg of damage claims, the ordering agency %ail; record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damage (Visible and Concealed) to the carrier and supplier. cer rirmirg such reports, in writing, within 15 days of delivery, requesting that the care erinspect the damaged merchandise; and retain the Item and Its shipping container, Irc:udirg !nne. packing material, until inspection Is performed by the carrier, and disposition given by the supplier, pro•r!de the supplier vr.:h a copy of the eartiees Bill c! Lasing and damage Inspection report. Scrv!=o and Y13rranty: Unless whereilse specified, the proposer shall define any warranry serAce and replacements that wilt be provided during and subsequent to trcs a;reement. Proposers must explain on an attached sheet to what extent vearranty and sertice facilities are pro-rded. Si iris:: S3T;,les of Items, when requested by the Division of Purchasing, must be furnished free of expense, within ten (10) woek!rg days of request, and Ifnot d�:::3yed n ay,t", firm request, be relumed at the proposers expense. Each IndiAdual sample must be labeled with proposees name, manufacturees brand narne and rur-1 er, ar re•;:vent number and Item reference. Request for return of samples shall be accompanied by Instructions which Irc!uda ship;!rg authorization and Aame of carder. If;. --.:!ructions 3ro not received, the commodities shall be disposed of by the State of Florida. 99- 849 t, )ncon!ormanco to Agreo rant Conditions: Items maybe tested andfor Inspected for compliance with specifications byte Florida Department of Agriculture and C.. a --.rr Ser,!ces, cc by other appropriate testing facilities. Should the Items fad tesllng, the State may require the vendor to reimburse the State for costs Incurred t:; t~•r S:a!e In connec::on with the examinallon or testing of the commodity Including costs relating to transporting the commodity samples to the tesdng site, actual is cc:::, personnel ccsts and other applicable costs. The data derived from any tests for conptianco with specifications are public record: and open to examinauen a=e :dares Wth Chapter 119, Florida Statutes. Items delivered that are unsatisfactory maybe rejected and returned at veneaes expense. These Items and is !:r ; v: d +livered as;er delivery date In proposal andlor purchase order may result In proposer being found to default in which event any and all reprocurement casts may t:•) cl ar;,ed against the defaulting contractor. Any violation of these stipulations may also result In: (a) suppliers name being removed Iran the Division of Purchasing vendor nailing fist. (b) All State departments belrg advised not to do business with the supptierwithout written approval of the Division of Purchasing until such time as the supplier retmbursas the State for all reprocurement and cover costs. Le; al Requirements: Applicable provlsfons of all Federal. State, countyand local laws, andof all ordinances, rules, and regulations shall govemdeveiopment, submittal And ava!uation 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 S:a!a of rlodda, by and throughlts officers. employees and authorized representatives, or any other person. natural or otherMse; and lack of knowledge by any proposer shall not constitute a cognizable defense against the legal effect thereof. Advertising: in submitting a proposal, proposer agrees not to use the results there!rom as a part of any commercial advertising. Assignment: Any Agreement or Purchase Order issued pursuant to these negoua;:ors and the monies which may become due hereunder are not ass!gnable except with the prior written approval of the purchaser. Llabltif.. The proposershadhold and save the state ofFlorida, Its officers, agants, and employees harmless against claims bythlndparties resulting from the contractofs breach of this agreement or negligence. Facilities. The State reserves the right to inspect the proposers faaTues at any time with prior notice. Renewal: The Dfvfslon of Purchasing reserves the option to renew the period of this agreement, or any portion thereof. Renewal of the agreement period shad be by mutual agreement In writing. Cane ellatton:This agreement maybe cancelled In whole orpartby eitherpartybywitten notice to the otherpary.7he effective date of the cancellation will be as stated In the notice or on the date of receipt, if the notice does not specify a date certain. Patents and Royalties: The proposer, without exception, shall Indemnify, hold and save harmless the State and its employees from IlabTty of any mature orldnd, Including cost and expenses for or on account of any copyrighted, patented, cr un•patented Invention, process, or am''de manufactured or supplied by the proposer. 7t:e proposer has no iiability when such claim Is solely and exclusively due to the combinaton, operation or use of any article supplied hereunder with equipment or data not supplied by contractor or is based solely and exclusively upon the State's alteration of the article. The State will provide prompt written notification of a claim c! copyight orpatent WrIngement and will afford the proposer full opportunityto defend the action and control the defense. Further, it such a claim is made arts pending 1ha 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•lnfringing. If none of the a!tematives are reasonably available, the State agrees to return the art cle on request to the contractor and receive reimbursement, if any, as maybe determined by a court of competent Jurisdiction. If the proposer uses any design, devtce,'or materials covered by letters, patentor copyright. It is mutually agreed and understood wit':out exception that the proposed prices shad include all royalties or costs arising from the use of such design, device or materials In anyway involved with the work,. Public Records: Any material submitted vi!I become a public document pursuant to Section 119.07, Florida Statutes. This Includes material which the proposer might consider to be confidential or a trade secret Any claim of confidentiality is waived 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 limes. The penalty for violating the approved price schedule will resultln default as described in Nonconformance to Agreement Conditions above. Contractors shall distribute duplication of the price schedule stamped 'Approved by the Division of Purchasing.' 0, daring instructions, Proposers must Include complete anddeta7ed ordering instructions, including thelrStatewide Purchasing Subsystem (SPURS) vendornumber for:^•r_•idrg dealers, on the form provided. Public Entity Crimes: A.fterson or affiliate who has been placed on the convected vendor list following a eon -Action for a public entity crime may not submit abid en a =rt•act to provide any goods or services to a public entity, may not submit a bid on a contract vrith a public entity for the construction or repair of a pubGebur'ldtng c: ye_Lcwoe<, may not submitbids on leases of real property to a public entity, may notbe awarded or performwror''c as a contractor. supplier, subcontractor. orconsuitant t- ter a contact with any public entity, and may not transact business with any public entity In excess of the threshold amount provided in s. 287.017 for CATEGORY 7 0 !or a period cf 36 months from the date of being placed on the convicted verdorfist R accns1bi11:Ies. ' (a) Peor to award, the contractor(s) must provide proof of eommerciaray of the commodity or service being offerad; Le., copies of invoices, purchase orders, references, etc. (evlder ee that product or service has been maraeted). (.) The ccrtractor(s) will be responsible for duplication and distribution of approved and signed agreement and piece schedule. (_) TT.o contractor shall furnish the Di•Aslon of Purchasing a detailed Summary of Sales or Services, for each purchasrg entity, at the end of each contract quarter. The summary shalt Include: SNAPS number, contractors name; total of sales for each commodity sold during the month; total dollar amount of ;,tiro .3:es; and the total oiaucredits provided to each agency. Failure to provide this information within thirty (30) calendar days folio'rring the end o! each quarter shall result in automatic, llateral cancellation of the contract by the Division of Purchasing. (d) The 1-;-&Icn of P rchas!rl will provide, at no cc to the contractor, one (1) diskette (Wordperfect 5.1) or one (1) set of mailing labels for the purchaslrg clfic•:; throug t the State that maybe intere ed In purchasing the commodity or service being offered. Pfease Indicate how you require your labels, Ots;,! a Hard Copy 99- 849 SPECIAL CONDITIONS LIMITATION OF REMEDIES Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situa;ions involving performance or non-performance of machines or programming (other than licensed programs) furnished =1—r this A Yreenent, 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: Contractors entire liability and the Slate'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 lirruted to actual damages up to the greater of $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 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 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: 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 limited to actual damages up to the greater 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 Contractor's 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 S100,000 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 Contractors negligence or tortuous conduct. If this contract is for the acquisition of licensed programs, including personal computer licensed programs, then the following shall npp'.y: Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non- ptrfor .ance of licensed programs furnished under this Agreement, the State's remedy is (1) the correction by the Contractor of li:ens_d program defects, or.(2) if, after repeated efforts, the Contractor is unable to make the licensed program operate as warranted, Sta:e shall be. entitled to recover actual damages to the limits set forth in this section. For any other claim concerning p...-0— a?�c or non-perforr,-ance by the Contractor pursuant to, or in any way related to, the subject matter of this Agreement the State shall 1;e entitled to recover actual damages to the limits set forth in this section. Contractor's liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tart including negligence, shall be limited to the greater of S 100,000 or the one time charges paid for, or any monthly license or initial license charges which would be due for 12 months use of the licensed program that caused the damages or that is the subject matter or. or is directly related to, the cause of action and shall include any initial or process charges paid to the Contractor. This limitation of li:`:ili,y will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and al:i:s" or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled or to (c) claims for personal injury or damage to real or tangible personal property caused by the Contractor's negligence or tuous cond,.:ct. 99-- 849 Contractor shall hold and save the Starmless for any and all suits and judgments hiinst the State for personal injury or damage to ..al or tar tible personal property caused by Contractor's tortuous conduct in the performance of this Agreement provided that, (a) tihe State proreptly notifies Contractor in writing of any claim, and (b) Contractor shall be given the opportunity, at its option, to participate 7d associ tte with the State in the control, defense and trial of any claims and any related settlement negotiations and, provided further, tat %with respect to any claim, or portion thereof, for which Contractor agrees at the initiation of such claim that Contractor shall save h3ld t°e State harmless, Contractor shall have the sole control of the defense, trial and any related settlement negotiations, and (c) t 6- Sute telly 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 programming 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 ha.-d%vare 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 prop ams to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of the licensee, time being of the else; ce, RESELLERS All products bid under this bid/contract will be Year 2000 compliant. Year 2000 Compliant means the Product will include the ability Ux consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date ot_t:):st, a-� processing dates; function before, during and after January 1, 2000; withourthe-need-for-program changes caused by the advem of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to L:cura:e and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date i^fc-mation in ways that are unambiguous as to century. Resellers may provide a "pass through warranty" from -the } m: , :,f:.cturer/software developer, which meets all the warranty requirements by the State, and which shall include all other warranties r provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and , any other actions or remediation, required to satisfy warranty requirements. TRAVEL EXPENSES AND WORK TLME f'ra•: el e.cpenses will be paid pursuant to the provisions of Sedtion 1 12.061. Florida Statutes. Services will be provided Monday Frid-iy, excluding holidays, during the normal work hours 2of the client's office at the Florida Hourly Rate per person. 2 � 849 NXTELLECTUAL PROPERTY Any ideas, concepts, know-how, data processing techniques, software. documentation, diagram schematics or blueprints developed exclusively by.contractor personnel in connection with this SNAPS agreement provided to State will 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, %.herein all ownership and license rights to such maintain sole ownership of its own protectable proprietary materials, which are c;�­reloped or owned solely by State or the contractor, respectively. Nothing in this Agreement shall affect in any way the contractor, cr third party, ownership 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 t ns, enhancements derivative works thereof, which shall remain solely the property of the contractor. Sionature�� e Date Revision 1/26/99 99- 849 0 6_1 Teletrac, Inc. State of Florida State Negotiated Agreement Price Schedule Ordering Procedures To place 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.W. 53`d Street= —Suite #302 Fort Lauderdale, FL 33309 Telephone: (800) 497-4999 or (954) 484-1300 Ext. 414 Fax: (954) 486-2799 Purchase Orders Must Include the Following Information: 1. All "Ship -To" and "Bill -To" information. ?. A contact name and phone number of the person requesting the order. �. 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 need information to complete your purchase order, a price quote, product information; or aiiy other service or assistance, do not hesitate to call Teletrac, Inc. @ (800) 497-4999 Ext. 414 (Mike Vermillion) or Ext. 416 (Jiiu McGuire). 3330 N.W. i. " Sircet—Suits 1002 / Fort ULIJ dale / Florikl.t, 13 04) / Fax 0: (954) 4,)6 " R� �)— 101 0 Teletrac, Inc. State of Florida State Negotiated Agreement price Schedule "V: Ordering Procedures (Cont.) Shi—.od�.. iag� Teletrac, Inc, will handle the shi inQ this equipment. We do on -site installations Qf Ve and handling of c Zuipment and workstation software. and location Payment Terms: Net 30 Days Y Volume Discounts: May be available upon request q est Effective DaCe; 04-01-99 Service Line: 1-800-497-4999 3.1.10 N.1V. 53„r Str yet-- Suite #302 / Furt Lauderdale erJalu / Plur•iJa. 33309 / I:;t.0 �: (954)48G•3�' �j Q 4 9 1%rdering Instructlons P:OTE: ALL ORDERS SHOULD BE DIRECTED TO: - SPURS VENDOR NUMBER: = y 511 ? OL 4 03 - 0 o I VENDOR: T'eletrac I STREET ADDRESS OR P.O. BOX: 3330 ` W 53-rd Street Suit* fi tni CITY, S TATE, ZIP: Fort Lauderdale FL 33309 ORDERING FAX No.: (954) 486-2799 REMIT ADDRESS: T CITY, STATE, ZIP: Carlsbad, CA 92008 DELIVERY: DELIVERY WILL BE MADE WITHIN PURCHASE ORDER. _30 DAYS AFTER RECEIPT OF TERMS: 50% and/or P.o. d/o. 'in DAYS PRODUCT INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: Michael Vermillion (Maj o'r 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 Est. 414 TOLL FREE No: (800) 497-4999 Ext. 414 INTERNETADDRESS: mvermillion@teletrac-online.com DESCRIPTION OF PRODUCT/ SERVICE OFFERED:' Automatic Vehicle Location Products & Services rLeet Management Software (Fleet Director Enterprise Edition Proprietary Software) Oa:a Communication Products & Services (Status I(e 99- 849 TELETRAC--1999 GOVERNMENT PRICE LIST jT ERISCE p-LC-Q= PRICE AFTER DISCOUNT Vehicle Location Package 5639.00 10% 5575.10 �. Status Message / Vehicle Location Package $799.00 0 90% 5719.10 r Message Display / Vehicle Location Package 5959.00 0 10 /O $863.10 Trailer Package $959.00 0 10 /o $863.10 "A11 of the above packages include: Vehicle Location Unit, Standard Installation, �M 3 dB Antenna.,}, DATA TERMINALS �`— " 1 . (Add -an toP''= Location Only Package) Status Message Terminal 13 $209.00 10% Message Display Terminal $188.10 5349.00 0 10% ANTENNA UPGRADES" $314.10 i°`j Transit Dome Antenna a��• $55.00 10% 5 dB Gain Antenna $49.50 =5 580.00 0 10 /° $72.00 t n s SECURITY UPGRADE" '="`���` yf Back-up Battery t,, s 3.00 10% Standard Alert Button $38.70 5107.00 0 10 /o Remote Alert Button $96.30 5187.00 o 10 /o !`lSTaLLATION UPGRADE" $168.30 ! �._;:: Hidden VLU Installation --- i t — $40.00 --10% -- Evening/ Weekend Installation $36.00 $40.00 10% 'Add to Package Price. $36.00 -� GO SNAPS Approved by OMS • State PurchasN l ,•7`(L�•f,7%{Y"�i t.i�1S�f77. 2ir y - Y Nix rc`� TELETRAC--1999 GOVERNMENT PRICE LIST (Cont.) SERVICE CHARGES Peak Off -Peak Access Units Access Units Monthly Rate Location Only Package 1000 1000 $32.00 Status Message Package 2000 2000 $34.00 Message Display Package 2500 2500 539.00 All plans Include removal, replacement, repair and reinstallation of detective Vehicle Location ge. Units and Data Terminals at no additional char SOFTWARE ENHANCEMENTS Custom Reports As Quoted 'Teletrac will create customized reports to meet yourspecibcatfons. Integration Services As Quoted 'Teletrac will develop an Interface between Fleet Director & most widely used business software CONFIGURATION PRICING & MONTHLY MAINTENANCE CONFIGURATION ER —ICE �--E RICE MONTHLY MAINTENANCE / (AFTER 10% DISC.) SUPPORT Winfleet (Less than 10 vehicles) Winfleet $885.00 $796.50 N/A FLEET DIRECTOR STAND ALONE SET-UP Fleet Director Software (Basic) $2,520.00 , ,, eludes license for server SW a 7 Client $2,268.00 $89.00 S:11,v3re Maintenance includes on -Site, Help Desk, Training & Updates at no add7. charge. Exception Alert & Report SW $175.00 $157.50 $5.00 SNAPS Approved by DMS , State Purchasing s-iz-sy 9 849 One Additional Metro Map $525.00 $472.50 $9.0.0 Two Additional Metro Maps $975.00 $877.50 $15.00 Leased Line" $675.00 $607.50 $149.00 'Includes DSU Modem. -Does not telephone company charges forset-up or/ease. Internet Connection (24/7) No Charge No Charge $149.00 'Real irme 24 hour connection. Internet Connect -Basic No Charge No Charge $39.00 Automatic 15-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. Software Maintenance includes On -Site (40 hours per year), Help Desk, Trainirg 6 Updates. 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 Asa Dedicated LAN Set-Uv• All cabling is required by Te/etrac°s Customer Service Department on a per job basis. Dedicated LANs may require additional licensing charges for Windows NT Operating System. FLEET DIRECTOR WAN Fleet Director Wan Basic Server Software Exception Alert & Report SW One Additional Metro Map Two Additional Metro Maps PRICE PRICE MONTHLY MAINTENANCE / (AFTER 10% DISC.) SUPPORT S4,295.00 $3,865.50 $110.00 $175.00 $157.50 S5.00 $525.00 $472.50 $9.00 S975.00 $877.50 S15.00 SNAPS Em Approved !sy DM5 , State Purchasing s-iL-sy W , 25 Client Package $1,995.00 50 Client Package $3,495.00 100 Client Package $6,395.00 100+ Client Package $8 495.00 $1,795.50 $50.00 $3,145.50 $80.00 $5,755.50 $120.00 $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 Uni s 7 Vehscles Percentage /%1 Discount Units 1-50 10°fo -X Units 51-100 Units 101-150 12% Units 151 + 15% 20% TELETRAC--1999 INSTALLATION FEE STRUCTURE SERVICE TmEpRmF m PR!C E Standard Re -Installation (VLU) 'Harava% not included. $90.00 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) --- - - -•- 550.00 Standard Labor Rates (per hour) *on repairofnon-warranty items. $85.00 849 Reactivation Fee —' S25.00 ' SNAPS mm Approved by WS I Scale Purchasing S =/Z- t AWARD UNDER STATE OF FLORIDA SNAPS NO. 9911506 ITEM: Air Time Access and Port Charges (Vehicle Location System) DEPARTMENT: Solid Waste TYPE OF PURCHASE: Term Contract REASON: The Department of Solid Waste in its continuing effort to improve upon the efficiency and Productivity of the department, seeks to purchase the Air Time Access and Port Charges. This purchase is necessary for equipment hardware, essential for the Vehicle Location System, authorized by Resolution 99-628. RECOMMENDATION: It is recommended that award be made to Teletrac, Inc., awarded under State of Florida Negotiated Agreement Price Schedule (SNAPS) No. 9911506, until May 18, 2000, subject to further extension by the State of Florida at a total amount not to exceed $32,000.00. Allocating funds from Account Code No. 422001.320102.6.340. 4 Judy S. D ector of Purchasing Date A ward UnderStateContracts 9g- 849