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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-002 Fuel Management Sys UpgradeTemp. Reso. #13722 • January 12, 2022 Page 1 of 6 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022-�.�'~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE THE PURCHASE OF HARDWARE AND SOFTWARE TO UPDATE THE EXISTING FUEL MANAGEMENT SYSTEM FROM GUARDIAN FUELING TECHNOLOGIES, UTILIZING PRICING PER SOURCEWELL CONTRACT (SYNTECH SYSTEMS ABOVEGROUND FUEL STORAGE CONTRACT #092920- SYS), IN AN AMOUNT NOT TO EXCEED $66,766.77, A CONTINGENCY OF $6,677.00 (10%) WILL BE ADDED FOR A PROJECT TOTAL OF $73,443.77; AUTHORIZING AN EXPENDITURE IN THE AMOUNT NOT TO EXCEED $73,443.77 FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; AUTHORIZING THE CITY • MANAGER OR HIS DESIGNEE TO MAKE CHANGES AND ISSUE CHANGE ORDERS IN ACCORDANCE WITH THE THRESHOLDS AND PROVISIONS DELINEATED IN SECTION 6-147(J)(2) OF THE TAMARAC PROCUREMENT CODE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac utilizes a Fuel Management System (FuelMaster) to fuel and monitor City Vehicles, and WHEREAS, in the City of Tamarac, technology is one of the key components in the efficient delivery of City services, and just as the City's network and server infrastructure is critical to ensuring continued operations, so too is the Fuel Management System; and 0 Temp. Reso. #13722 January 12, 2022 is 2 of 6 WHEREAS, the City currently has multiple fueling sites, using Syntech Systems' Fuel Management hardware/software in use at the Public Services Complex Main Fuel Island as well as at Fire Station 78 and Fire Station 36, is outdated and requires replacement; and WHEREAS, City of Tamarac Code, §6-148 allows the Purchasing Officer the authority to waive purchasing procedures and purchase equipment which is the subject of contracts with other governmental agencies; and WHEREAS, the City of Tamarac identified three (3) local authorized distributors for the Syntech Systems' Fuel Management Solution, and obtained quotations from the three (3) vendors utilizing pricing per Sourcewell Contract (Syntech Systems • Aboveground Fuel Storage Contract #092920-SYS), a copy of the quotation comparison is hereto attached as "Exhibit 1 "; and WHEREAS, City Staff received and reviewed the proposals, and determined the quotation with the most advantageous pricing utilizing pricing per Sourcewell Contract (Syntech Systems Aboveground Fuel Storage Contract #092920-SYS) was the proposal submitted by Guardian Fueling Technologies, a copy of said proposal is attached hereto as "Exhibit 2"; and WHEREAS, the Director of Public Services, Director of Financial Services, Interim Director of Information Technology, and Purchasing and Contracts Manager have determined that it is in the City's economic interests to purchase the fuel management 0 Temp. Reso. #13722 . January 12, 2022 Page 3 of 6 system upgrade services from Guardian Fueling Technologies, utilizing pricing per Sourcewell Contract (Syntech Systems Aboveground Fuel Storage Contract #092920- SYS), in an amount not to exceed $66,766.77, a contingency of $6,677.00 (10%) will be added for a project total of $73,443.77-1 and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to approve and authorize the purchase of fuel management system upgrade services from Guardian Fueling Technologies, utilizing pricing per Sourcewell Contract (Syntech Systems Aboveground Fuel Storage Contract #092920-SYS), in an amount not to exceed $66,766.77, a contingency of $6,677.00 (10%) will be added for a project total of $73,443.772. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. All exhibits referenced and attached hereto are incorporated herein and made a specific part of this Resolution. SECTION 2: The City Commission of the City of Tamarac does HEREBY approve and authorize the purchase the fuel management system upgrade services from 0 Guardian Fueling Technologies, utilizing pricing per Sourcewell Contract (Syntech Temp. Reso. #13722 January 12, 2022 Page 4 of 6 Systems Aboveground Fuel Storage Contract #092920-SYS), in an amount not to exceed $66,766.77, a contingency of $6,677.00 (10%) will be added for a project total of $73,443.77, a copy of pricing proposal is attached hereto as "Exhibit 2". SECTION 3: Funds in the amount of $55,000.00 were allocated in the Adopted Fiscal Year 2022 Budget for the Fuel Management System Upgrade, and the remaining $18,443.77 will be absorbed in the operating budgets of the Stormwater Fund and the Utility Fund. SECTION 4: An expenditure in an amount not to exceed $73,443.77, including contingency, is HEREBY approved from the appropriate accounts. SECTION 5: The City Manager or his designee is hereby authorized to approve and initiate change orders in amounts not to exceed $65,000 per section 6-147 of the City Code and close the contract award which includes but is not limited to making final payment and releasing bonds per section 6-149 of the City Code when the work has been successfully completed within the terms, conditions and pricing of the agreement. E SECTION 6: All resolutions or parts of resolutions in conflict herewith are 0 • hereby repealed to the extent of such conflict. Temp. Reso. #13722 January 12, 2022 Page 5 of 6 SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. • 0 "The remainder of this page intentionally left blank." Temp. Reso. #13722 January 12, 2022 • Page 6 of 6 SECTION 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this �� day of 1A"NU,49 j , 2022. /��J_ ) MICHELLE J. GGOEZ MAYOR ATTEST: ��JENXIIFER,JOHNSON, CMC CITY CLERK RECORD OF COMMISSION VOTE: MAYOR GOMEZ J5�'S DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM VILLALOBOS DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this RESOLUTION as to form. \ 1 JOHERIN, JI CITY ATTORNEY 0 of Tamarac TAr� Q� The City For Your Life AGREEMENT BETWEEN THE CITY OF TAMARAC AND GUARDIAN FUELING TECHNOLOGIES, LLC and Contracts Division THIS AGREEMENT is made and entered into this g\ day of January ,2022 by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, FL 33321-2401 (the "City") and Guardian Fueling Technologies, a Florida corporation, located at 3880 W 104th St, Building 6, Suite 6, Miami, FL 33018 (the "Contractor") for Phase One (1) of Fuel Master Upgrades and New Site Installs. In consideration of the mutual promises contained in this document, the City and Contractor agree as follows: 1. Contract Term: The date of performance/service is for a `jClA'(L from date of final execution, as stated in Attachment A attached herein. 2. Services to Be Provided: Contractor shall perform the provide equipment and services described in Attachment A, attached hereto and incorporated herein as if set forth in full. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 3. Compensation/Payment: Upon satisfactory performance of said services described in the attached Attachment A, the City will pay Contractor an amount equal to the unit pricing provided in Attachment A. Payment will be made upon completion, delivery, and acceptance by the City of the services as detailed in Attachment A and submission of an invoice for said services. Contractor shall not incur costs for performance of services under this Agreement in excess of said amount without the prior written authorization of the City Manager or designee. Payments shall be processed upon receipt of a properly completed invoice in accordance with The Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 4. Non -Discrimination & Equal Opportunity Employment: During the performance of the Contract, the Contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractorwill take affirmative action to ensure that employees and those of its subcontractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its subcontractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. The City For Your Life City of Tamarac Purchasing and Contracts Division ....__-. - _........ ._..... ..... 5. Independent Contractor: This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating anyjoint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 6. Use of Information / Ownership of Documents: Contractor shall be required to work in harmony with other Contractors relative to providing information requested in a timely manner and in the specified form. Any and all work products, documents, records, disks, original drawings, specifications or other information developed as a result of this Agreement shall become the property of the City upon completion for its use and distribution as may be deemed appropriate by the City. Except as specifically authorized by the City in writing, information and other data developed or acquired by or furnished to Contractor in the performance of this Agreement shall be used only in connection with the services provided the City. 7. Availability of Contractor: Contractor shall be reasonably available to the City through telephone access and shall notify the City promptly of any absence or anticipated delay in the performance of services under this Agreement. 8. Change Orders: The City may at any time, by issuance of a written Change Order to this Agreement by the City Manager make changes, within the scope or period of performance of this Agreement. Contractor and the City Manager or designee will negotiate an equitable adjustment, if appropriate, in the terms of this Agreement to cover any such change. The City will make no payment for additional work performed that is not provided for in this Agreement unless such work is performed pursuant to a written Change Order. 9. Insurance: Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as required by the City's Risk & Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation Insurance, Unemployment Insurance, Contractor's Liability Insurance, and all other insurance required by law. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk & Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's General Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on TAB, MARAC The City For Your Life Cdy of Ta mVac Purchasing and Conn acts Division ............ .... ................ .............. Contractor's Liability Insurance policies. 10. Indemnification: Contractor agrees to indemnify and hold harmless the Cityfrom any claim, damage, liability, injury, expense, or loss arising out of Contractor's performance under this Agreement, except for injury or damage caused by the sole negligence of the City. The terms of this provision shall survive the termination or completion of this Agreement. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. 11. Notice: Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Fox Rothschild LLP 2 South Biscayne Boulevard One Biscayne Tower, Suite 2750 Miami, FL 33131 Attn: John R. Herin, Jr. CONTRACTOR Guardian Fueling Technologies, LLC 9452Phillips Hwy, Jacksonville FL 32256 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division 12. Funding -Out: This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 13. Termination: 13.1 For Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 13.2 For Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 14. Scrutinized Companies — 287.135 and 215.473: By execution of this AGREEMENT, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time 15. Public Records and Audits: 15.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 15.1.1 Keep and maintain public records required by the City in order to perform the service; 15.1.2 Upon request from the City's custodian of public records, provide the public TAMARAC The City For Your Life of Tamarac Purchasing and Contracts Division _._.......... ........ ... ......... _ ... _ _ _ .............. ......... -.- agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 15.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the City. 15.1.4 Upon completion of the contract, transfer, at no cost to the City, all public records in possession of the Contractor, or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records in a format that is compatible with the information technology systems of the City. 15.2 During the term of the contract, the Contractor shall maintain all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this contract. The form of all records and reports shall be subject to the approval of the City's Auditor. The Contractor agrees to make available to the City's Auditor, during normal business hours and in Broward, Dade or Palm Beach Counties, all books of account, reports and records relating to this contract. 16. E-Verify As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall, register with and use the E- Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such. Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower TAMARAC The City For Your Life of Tamarac Purchasing and Contracts Division ___.._...................._.__..........__..._................__.._-.. - - tier subcontractor with the clauses set forth in this section. 17. Uncontrollable Forces: Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non -performing parry could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a parry of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming parry could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 18. Successors & Assigns: The City and Contractor each binds itself and its director, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives. 19. Signatory Authority: The Contractor shall supply the City with copies of requisite documentation evidencing that the signatory for Contractor has the authority to enter into this Agreement. 20. Merger; Amendment: This Agreement constitutes the complete understanding of the parties and shall be governed by the laws of the State of Florida as now and hereinafter in force. 21. No Construction Against Drafting Party: Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 22. Venue: This Agreement shall be governed by the laws of the State of Florida as now and hereinafter in force. The venue for actions arising out of this Agreement is fixed in Broward County, Florida. 23. Severability; Waiver of Provisions: Any provision in this Agreement that is prohibited or unenforceable in anyjurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 24. Public Records Custodian TAB RAC The City For Your Life City of Tamarac Purchasing and Contracts Division IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG Remainder of Page Intentionally Blank TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its duly authorized to execute same. OF T,ggj M • ESTABLISH =0, 1gg EL); y SEAL 4) ATTEST: O Jere fer JoVnson ZVC City Clerk a� -2 11 Da ATTEST: CITY OF TAMARAC 1-lukL6-j6) ---' Miche e . Gomez, Mayo .?- ,;�-Q,2- 2— Date KathIden Gunn, City Manager 01ZI2,0,6L-2- Date`. s to form and Ipgal sufficiency: John f FFer , Jr., City(Attorney Date Guardian Fueling Technologies, LLC Company Name (Corporate Secretary) Signgfurevof President/Owner Patrick Reese Name of Corporate Secy. (CORPORATE SEAL) Joey Batchelor Name of President/Owner January 4th 2022 Date TAMARAC .- The City For Your Life City of Tamarac Purchasing and Contracts Division .________..........__.._...__.__.............. —. ACKNOWLEDGEMENT STATE OF FLORIDA :SS COUNTY OF Duval I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County agoresajd:to toe acknowledgments, personally appeared ccaatj�mlc Cu> It n Yru f-rhex of 5 a LLC- corporation, tome known to be the person(s) described herein and who executed the foregoing instrument and acknowledged before me that he/she executed the same. 0� SS my hand and official seal this 44h day of JaNr�, NOTARt PUBLIC StateAU4&S at Large g�:n+oyo •,,I KIMBERLY DAWN MCCOY MY COMMISSION # GG 326374 EAPIRES: August 19, 2023 Bonded Thor Notary Pubk Undawrkers of Notary Public: Print, Stamp, or Type as Commissioned) P!"e--rsonally known to me or ❑ Produced Identification Type of I.D. Produced ❑ DID take an oath, or ["DID NOT take an oath. TAMARAC The City For Your Life City of Tamarac ATTACHMENT A Scope of Services Purchasing and Contracts Division The City of Tamarac is hereby requesting work from Guardian Fueling Technologies, LLC for upgrading and expanding use of Syntech Systems Fuel Management solutions. The project shall be broken out into two (2) phases (Phase 1 and Phase 2). Phase 1 is described herein: Phase 1 Phase 1 shall entail the turnkey upgrade of existing Fuel Management Units / equipment, at the following three (3) existing Fueling Sites, to FMLive: • Public Services Complex Main Fuel Island • Fire Station 36 • Fire Station 78 Public Services Complex Main Fuel Island - 6011 Nob Hill Road, Tamarac, FL 33321 Fuel Type Provided: Gas and Diesel Dispenser Make/Model: Gasboy Atlas Model # 9153KXTW2F Fuel Management Unit: FuelMaster FMU 2500 Plus Fire Station 36 - 7499 NW 72nd Street, Tamarac, FL 33321 Fuel Type Provided: Diesel Dispenser Make/Model: Fill -Rite FIR 902R Mechanical Dispenser) Fuel Management Unit: FuelMaster FMU 3505 Plus Fire Station 78 - 4801 W Commercial Blvd, Tamarac, FL 33319 Fuel Type Provided: Diesel Dispenser Make/Model: Fill -Rite FIR 902R Mechanical Dispenser) Fuel Management Unit: F FuelMaster FMU 2500 Plus The Contractor shall perform all work for the City as required, for providing and fully installing the following: FMU Equipment Qty Part Number Description 3 UPG4725 I FMLIVE UPGRADE, CELLULAR, PROKEE/PROX, AIM, 2-4 HOSE FMLive Services — Annual Subscriptions Based on quantity of the aforementioned three (3) FMUs, five (5) years of subscription(s)/service(s) included for each Annual Subscription Price for FMLive Services FMLIVEBA/3+BI Cellular Enabled Equipment (3) FMLIVE-CELL-FMU 10 TAMARAC The City For Your Life City of Tamarac Purchasing and Contracts Division _....... __........ -........._._.................... _............. _....... ___...-----._...._.._..._... ............. ........................._..... ...... - ........... _...... _____� _ FMLive Services — One Time Costs Based on quantity of three (3) FMUs FMLive Setup & Activation CLOUDBA/3 Project Management PMLIVE BA/3+BI+CELL Data Import and Conversion from existing FuelMaster software FMLIVE-IMPORT Custom Export (Initial Export Only) FMLIVE-CUSTOM EXPORT Equipment Shipping Costs All equipment shall be new Syntech Systems, OEM, equipment, and shall come with Syntech Systems' standard one (1) year factory warranty. FMLive training shall also be provided. CONTRACT SUM The Contract Sum for the above work is a "not to exceed" total of Sixty -Six Thousand Seven Hundred Sixty -Six Dollars and Seventy Seven Cents. ($66,766.77). PAYMENTS Payment will be made monthly for work that has been completed, inspected and properly invoiced. Invoices must bear the bid number, project name, project number, and purchase order number. The City has up to twenty-five (25) business days to review, approve and pay all invoices after receipt. The Contractor shall invoice the City and provide a written request to the City to commence the one-year warranty period. All necessary Release of Liens and Affidavits shall be processed before the warranty period. All payments shall be governed by the Florida Prompt Payment Act, F.S., Part VII, Chapter 218. 11 TR 13722 - E%HIMT 2 ProposalART_10410353 GUARDIAN d ® FUELING TECHNOLOGIES 0) � 'fl i Jacksonville, FL Savannah, GA To: City of Tamarac I Tampa, FL Atlanta, GA 601 Nob Hill Rd Ft. Myers, FL Columbia, SC Tamarac, FI 33321 Ft. Lauderdale, FL Greensboro, NC 954-597-3904 Pensacola, FL Raleigh, NC tames.twiaoer(&tamarac.orn Orlando, FL Charlotte, NC ATTN. lames Twigger/Alecia Sinclair Tallahassee, FL Knoxville, TN Alecia Sinclair Birmingham, AL Nashville, TN CORPORATE OFFICE: 800-733-2945 guardianfueltech.com / getguardianconnect.com Guardian Fueling Technologies provides layouts, installation, and service on all Liquid Handling Projects. We are pleased to offer the following for your consideration Sourcewell Contract # 092920 Site City of Tamarac ART_10410353 PRO] ardianfunitech.com Address 601 Nob Hill Rd Albert Tamayo Tamarac, FI 33321 Upgrade FMU for thress sites 786-556-9713 Date: 9/14/2021 "UNLESS NOTED BELOW, THIS PROPOSAL 15 VALID FOR 30 DAYS FROM THE DATE ABOVe-- General description of work to be performed: Upgrade to FMLive (Public Complex Main fuel Island, Fire Stations #36 Scope of Work: Install FMU Live CtliularConggc, ity Mobilize to site & secure work area for safety. Prep Upgrade existing Fuelmasterto FMU LIVE with Cellullar Connectivity Connection To Cloud. NOTE: Internet connection required to read unit remotely from any computer/smartphone or TabletRepairs to existing electrical components not included Annual Subscription Included for a period of 5 years. FUEL MANAGEMENT SYSTEMS 3 FUELMASTER FMLIve, Upgrade, Cellular Prokee/Prox, Aim 2-4 Hose UPG4725 22,931 71 1 FUELMASTER PM (PMLIVEBA/3+ BI + Cell, Data import conversion/Initial Export only 6,042 17 FREIGHT 240.00 ] In -bound freight on dispensers - Zone 4 (FL/AL) 240,00 TR 13722 -EXHIBIT 2 Proposal ART 10410363 The minimum deposit required for this order is: s 16,691.69 The Customer's Account must be current prior to training and start up of new eguipmentt We appreciate the opportunity of offering this proposal and r GUARDIAN trust we may be favored with your most valued business. � FUELING TECHNOLOGIES ACCEPTANCE: GFf Salesman: MertTamayo This proposal, when accepted by the purchaser, and executed by Signature: final approval of SeNers Orticial Officer, wdl consiilule a bonellde contract between us, subject to all terms and conditions within. Phone number 786-556-97L3 It Is expressly agreed that there are no promises, agreements or under- standings, oral or written, not specified In this proposal. The person signing below certifies the legal authority to bind the company Into this contract. IGUARDIAO,FLING T ES ACCEPTANCE City Tamarac pa Name SA#fnature of Officer Signature Date (I AGREE TO PAY TERMS ABOVE) ..W. I %P ( Title