HomeMy WebLinkAboutCity of Tamarac Resolution (349)Temp. Reso #9903
November 19, 2002
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2002-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO ACCEPT AMENDMENT NO. 4 TO
STATE OF FLORIDA CONTRACT #973-120-97-1 WITH BANK
OF AMERICA, N.A. AUTHORIZING A FIVE-YEAR RENEWAL
TERM EFFECTIVE THROUGH JULY 4, 2007 FOR
CONTINUATION OF THE CITY'S PURCHASING CARD
PROGRAM; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Tamarac implemented a purchasing card program in 1998
by Resolution R98-325, attached hereto as Exhibit "A"; and
WHEREAS, the City utilized State of Florida contract #973-120-97-1 which was
originally awarded to NationsBank of Delaware, N.A. for an initial five (5) year term
effective July 7, 1997 through July 6, 2002, a copy of said contract is attached hereto
as Exhibit "B"; and
WHEREAS, NationsBank of Delaware, N.A. merged with Bank of America, N.A.
in 1999; and
WHEREAS, the State of Florida issued Amendment No. 4 to the original contract
with Bank of America, successor of the merger to NationsBank of Delaware, N.A. to
allow for a five (5) year renewal effective through July 4, 2007, a copy of said
Amendment No. 4 is attached hereto as Exhibit "C"; and
n
Temp. Reso 49903
November 19, 2002
Page 2
WHEREAS, City Code § 6-155 allows the authority to procure supplies, material,
equipment and services which are subject to contracts with other governmental
agencies without following purchasing procedures when the best interests of the City
would be served; and
WHEREAS, it is the recommendation of the Director of Finance and Purchasing
and Contracts Manager that the City accept Amendment No. 4 to Florida State Contract
#973-120-97-1 with Bank of America, N.A. authorizing a five year renewal term effective
through July 4, 2007 for continuation of the City's purchasing card program; 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 accept Amendment
No. 4 to Florida State Contract #973-120-97-1 with Bank of America, N.A. authorizing a five
year renewal term effective through July 4, 2007 for continuation of the City's purchasing
card program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
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.
SECTION 2: The appropriate City Officials are hereby authorized to accept
Amendment No. 4 to Florida State Contract #973-120-97 with Bank of America, N.A.
authorizing a five year renewal term effective through July 4, 2007 for continuation of
the City's purchasing card program.
Temp. Reso #9903
November 19, 2002
Page 3
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: 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.
SECTION 5: This Resolution shall become effective immediately upon its passage
and adoption.
PASSED, ADOPTED AND APPROVED this 111" day of December, 2002.
JQ'I CHREIBER
Mayor
ATTEST:
MARION SW NSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
MITCHELL S. KRAF
CITY ATTORNEY
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1: V/M. PORTNER_
DIST 2: COMM. MISHKIN
DIST 3: COMM. SULTANOI
DIST 4: COMM. ROBERTS
Suite 315
EXHIBIT
Suite 315
TEMP RESO 83
ERTIFIC TION OF SERVICE CONTRACT
TITLE: Purchasing Card Services CONTRACT NO.: 973-120-97-1
BID NO.: 4-973-120-W EFFECTIVE: July 7, 1997
through July 6, 2002
CONTRACTOR(S): NationsBank, N.A. (A) SUPERSEDES: New Contract
ANY QUESTIONS, SUGGESTIONS, WHICH MAY ARISE SHALL BE BROUGHT TO
THE ATTENTION OF THE PROGRAM ADMINISTRATOR, SHEREE KEELER AT (904)*
414-7669 SUNCOM 994-7669. QUESTIONS CONCERNING SUPPLIER PROBLEMS
SHALL BE BROUGHT TO THE ATTENTION OF THE CONTRACT ADMINISTRATOR
MARVIN WILLIAMS AT (904)* 488-8366 SUNCOM 278-8366,
*ON JUNE 23, 1997 THE (904) AREA CODE WILL CHANGE TO (850)
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of
Management Services on February 4, 1997, a contract has been executed between the State of
Florida and the designated contractors.
B. EFFECT - This contract was entered into to provide economies in the purchase of Purchasing
Card Services by all State of Florida agencies and institutions. Therefore, in compliance with Section
287.057, Florida Statutes, all purchases of these services should be made under the terms, prices, and
conditions of this contract and with the suppliers specified.
C. ORDERING' INSTRUCTIONS - All purchases shall be made in accordance with the attached
ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and
local taxes.
All contract purchase orders shall show the Division of Purchasing contract number, description of
service with unit prices extended and purchase order totaled. (This requirement may be waived when
Purchase is made by a blanket purchase order.)
D. NTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform
according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the
vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request
for Assistance, is to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for
your information. Any restrictions accepted from the supplier are noted on the ordering instructions.
F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to
provide your input and recommendations for improvements in the contract to the Division of
Purchasing for receipt no later than 90 days prior to the expiration date of this contract.
Authorized Signature
MW/sec
Attachments
http://fcn.state.fl.us/st_contracts/973120971 /certification.htm 5/27/98
[Contract Number] -- Vendor Information Page 1 of 1
Purchasing Card Services '
973-1 20-97-1
Vendor Information
State Contracts Main Index
NationsSac N.A. htW://www.nationsbank.com//ypc
89Ck_ _ t_ o To
NationsBank, N.A.
QRPERING IN5MC TIQNS
NOTE: ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: F522251189-001
VENDOR: tionsBank N.A. South
STREET ADDRESS OR P.O. BOX: 203 Governor's S uare
CITY, STATE, ZIP:allahassee FL 32301
TELEPHONE: (904) E77-8011 Ext. 7, Jeri Winkleblack
TOLL FREE NO.: N/A
ORDERING FAX NO.: 904 656-7694
REMIT ADDRESS: Same
CITY, STATE, ZIP:_
DELIVERY WILL BE MADE WITHIN 7-10 DAYS AFTER RECEIPT OF
DELIVERY: PURCHASE ORDER. DELIVERIES IN EXCESS OF 15 DAYS WILL NOT BE
CONSIDERED.
PRODUCT
INFORMATION: DIRECT INQUIRY TO:
NAME AND TITLE: Sandra Shropshire, Vice President
ADDRESS: 0 Peachtr a Street N.E. 20 Floor���
CITY, STATE, ZIP: At to GA 30308
TELEPHONE: 4( 04) 607-5101
TOLL FREE NO.: N/A
URL HOME PAGE ADDRESS: http://www.nationshank.com//vt)c
ELECTRONIC MAIL ADDRESS: N/A
sse send comments or questions to Utvu
and technical comments or questions to
I
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10
(Contract Number] -- Vender Information Page 1 of 1
Purchasing Card services
973-1 - - 20 97 1
Revisions
State Contracts MAiln ndex
Rev 10 Jun 97
0 Back to Ton
Rev 1 18 Jun 97
June 18, 1997
MEMORANDUM NO.: (973-120-97-1)-1
TO: Department Addressed
FROM: George C. Banks, CPPO
Director, Division of Purchasing
SUBJECT. Contract No. 973-120-97-1
Title: Purchasing Card Services
Suite 315
At the present time, some State term contractors, or PRIDE, or RESPECT may not have the
capability to process purchases for State agencies using the State Purchasing Card or Electronic
purchase orders.
The inability of any State term contractor, or PRIDE, or RESPECT, to accept payment by use of
Electronic Commerce Purchasing (card or electronic purchase order) is not justification for
purchasing from alternate sources at this time.
If additional information is needed, please contact Marvin Williams at (904) 488-8366, Suncorn
278-8366.
GCB/hpb/mw
comments or questions to
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SPECIAL CONDITIONS
Page I of 17
SPECIAL CONDITIONS
_41 ' • -
It is the intent of this solicitation to obtain proposals from qualified vendors and subsequently
contract for a statewide Procurement Card for a five (5) year period. This statewide procurement
credit card service will be utilized by State of Florida agencies, institutions and other eligible entities
for the purchase of goods, and services, which includes airfare, rental cars, long distance calling
services, and lodging expenses of travelers.
SCOPE
Initially, a pilot program will limit participation to not more than ten (10) State agencies. Following
the pilot period of three (3) months and based on an evaluation, of the program's success, the program
will be available for use by all eligible users. The pilot program period of three (3) months is
included within the five (5) year contract period.
The State of Florida through its agencies intends to obtain the ability to make purchases through the
use of a Procurement Card.
This Request for Proposal (RFP) contains information and instructions to enable interested suppliers
to prepare and submit proposals and supporting material. To be considered responsive, a proposer
must submit a complete proposal that satisfies all requirements as stated in this RFP. This RFP
outlines requirements of the State of Florida Procurement Card Service Program, evaluation criteria,
and Contractor's responsibilities. It also describes the major terms and conditions the contractor will
be required to accept as part of a performance contract. A list of key dates follows.
OPTIONAIy.._CONTRACT USAGE
In addition to the eligible users referenced above and with the consent of the successful proposer,
purchases may be made under the terms and conditions of this Invitation to Bid/Request for
Proposal, by governmental entities located outside the State of Florida. Appropriate governmental
entities' purchasing laws, rules and regulations shall apply to purchases made under this contract.
CONTRACT ADMINISTRATION
The contract resulting from this Solicitation will become a public document. The State of Florida,
Division of Purchasing (DOP), is using the Florida Communities Network (FCN) on the Internet
World Wide Web (WWW) to distribute contract and product information to users of State Term
Contracts. Contract information includes certification, special conditions, and revisions. Product
information includes specifications, pricing, ordering information, and revisions.
The following components and activities will be required of each CONTRACT HOLDER unless
specifically exempted, in writing, by the DOP:
• INTERNET HOME PAGE: Each CONTRACT HOLDER will be required to develop and
maintain a Dome Page on the Internet WWW. The Home Page must be built and then
maintained over the life of the State Term Contract to be compatible with the most recent
version of browser software being used by the DOP. As of the writing of this Solicitation,
Netscape Navigator 2.0 is the DOP browser standard. The DOP intends to upgrade to new
browser versions as they become available and fully tested, at its discretion.
Each CONTRACT HOLDER Home Page must include, at a minimum, text based information about
the products and/or services to be provided under the contract that effectively describes the product
or service. Though not required at this time, it is highly recommended that graphics and/or audio
L
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SPECIAL CONDITIONS Page 2 of 17
based information also be used.
Descriptions of products or services must be organized on the CONTRACT HOLDER Home Page
based on DOP Commodity Code. A separate Universal Resource Locator (URL) must be provided
for each DOP Commodity Code.
The URL for the Home Page must be listed in the space provided on the Ordering Instructions page
of the bid.
• PRICE LISTS: DOP, at its discretion, will allow the CONTRACT HOLDER to configure its
own PRICE LIST of all eligible offerings and to post the prices on ,the CONTRACT
HOLDER Home Page. However, price changes must be reviewed and approved by the DOP
Contract Administrator before they can be posted to the CONTRACT HOLDER Home Page.
Price lists and revisions for the Home Page must be provided by the CONTRACT HOLDER in
American National Standard Code for Information Interchange (ASCII) text format or as a Word For
Windows file. At the discretion of the DOP, price list and revision text or Word For Windows files
will be required to be sent electronically using E-MAIL, and/or shipped by carrier using diskette, to
the Contract Administrator.
Product and service pricing must be organized on the CONTRACT HOLDER Home Page based on
DOP Commodity Code. A separate Universal Resource Locator (URL) must be provided for each
DOP Commodity Code.
Failure to submit the information required in this section will be grounds for disqualification of your
bid and/or removal from any resulting contract.
RENEWAL
Is The Division of Purchasing reserves the option to renew this contract, or any portion thereof, for up
to one (1) additional contract period, upon mutual agreement, in writing.
Y EVENTS/DATES
DATE TIME
RFP Release
06/10/96
RFP Questions Due
07/03/96
Pre -Proposal Conference
07/16/96 10:00 a.m.
Submission of Proposals
09/10/96 2:00 p.m.
Projected Contract Award
10/28/96
Projected Contract Period
Implementation
January 1, 1997 - December 31, 2001
Address for Delivery of RFP:
Department of Management Services
Division of Purchasing
Bureau of Procurement
Room 301
4050 Esplanade Way
Tallahassee, Florida 32399-0950
ISSUING OFFICE
The Office identified below is responsible for the requirements specified herein and the evaluation of
all responses. Direct questions to:
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SPECIAL CONDITIONS
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Marvin Williams
Department of Management Services
Division of Purchasing
Bureau of Procurement
Room 3151
4050 Esplanade Way
Tallahassee, Florida 32399-0950
Phone No.: (904) 488-8366
Fax No.: (904) 488-5498
SPECIAL ACCOMMODATION
Any person requiring a special accommodation at the Division of Purchasing because of a disability
should call the Division of Purchasing at (904) 488-8440 at least five (5) workdays prior to the
Pre -Proposal Conference and Proposal Opening. If you are hearing or speech impaired, please
contact the Division by using the Florida Relay Service which can be reached at 1 (800) 955-8771
(TDD).
PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to a public entity, may
not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a
contract 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 TWO for a period of 36 months from the
date of being placed on the convicted vendor list.
INSURANCE WORKER'S COMPENSATIO
The contractor shall take out and maintain during the life of this agreement, Worker's Compensation
Insurance for all of his employees connected with the work of this project and, in case any work is
sublet, the contractor shall require the subcontractor similarly to provide Worker's Compensation
Insurance for all of the latter's employees unless such employees are covered by the protection
afforded by the contractor. Such insurance shall comply fully with the Florida Worker's
Compensation law. In case any class of employees engaged in hazardous work under this contract at
the site of the project is not protected under the Workmen's Compensation statute, the Contractor
shall provide, and cause each sub -contractor to provide, adequate insurance, satisfactory to the
Purchaser, for the protection of his employees not otherwise protected.
FLORIDA SMALL N MINORITY BUSINESS ASSIST6NCE ACT
The Legislature of the State of Florida, in an effort to encourage the growth of small and minority
businesses, recommends that prime contractors utilize a certain percentage of minority
sub -contractors in performance of state contracts. Therefore, it is recommended that 20 percent of the
Procurement Card Services Contract be awarded by a state contractor, to a certified minority
business sub -contractor who is registered with The: Commission on Minority Economic and Business
Development. The minority sub -contractor must register with The Commission on Minority
Economic and Business Development to become a certified registered minority business, prior to the
invitations of bids/proposals, that they are a capable, qualified certified minority business enterprise
available to bid/propose on contracts to provide effective competition.
OVERYIW
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SPECIAL CONDITIONS
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Presently, the purchasing process in the State of Florida requires the use of a purchase requisition,
purchase order, voucher and individual forms under a manual system to make payments to vendors
and contractors.
The goals of this project are to provide an improved procurement process while accomplishing the
following goals:
-Provide potential shared savings opportunities to the State
-Reduce overall costs of purchase transactions
-Simplify the process for small dollar volume purchase requirements
-Improve management reporting
-Provide potential for enhanced discount structure with suppliers
-Improve service to the eligible users and vendor community
QEFINITIONS
Whenever reference is made to the following terms in this solicitation, or any contract resulting from
this solicitation, it shall be understood to mean the following:
shall mean the State of Florida and participating entities, their
1. State:
employees, agents and designees, while acting within the scope of their
agency employment or office.
2. DMS:
shall mean the State of Florida, Department of Management Services
3. Comptroller:
shall mean the State of Florida, Department of Banking and Finance
shall mean any of the various state officers, departments, boards
4. State Agency:
commissions, divisions, bureaus, and councils and any other unit of
organization, however designated, of the executive branch of state
government.
shall mean all state agencies, the legislative and judicial branches,
political subdivisions (counties, local district school boards, community
5. eligible entity:
colleges, municipalities, or other public agencies or authorities), which
may desire to purchase under the terms and conditions of the contract.
Federal agencies located in the State of Florida may be eligible entities
to the extent permitted by Chapter 287,FS.
6. Proposal:
shall mean the formal written response to this document.
7. participating
Participating entity shall mean an eligible entity choosing to participate
in the
entity:
State Procurement Card Program.
8. Request for
Proposal (RFP):
shall mean this document.
9. State Term
shall mean contracts let by the State of Florida, Division of Purchasing,
Contracts:
Department of Management Services.
10. Division of
shall mean the organizational entity acting on behalf of the State of
Florida and
Purchasing:
theDepartment of Management Services.
11. Contractor:
shall mean the proposer awarded the contract as a result of this RFP.
PROPOSALS
All proposals will be received with the understanding that their incorporation in a contract with the
State shall constitute acceptance thereof. Such contract shall be subject to the acceptance and
execution in writing by the Division of Purchasing, Department of Management Services. All
proposals and accompanying documentation will become the property of the State of Florida and
will not be returned.
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SPECIAL CONDITIONS Page S of 17
Proposals submitted by facsimile are unacceptable and will be rejected.
Detailed information on content of proposals are found in subsequent paragraphs in this RFP. The
specific guidelines for the format are contained under PROPOSAL CONTENT AND FORMAT
OVERVIEW paragraph.
SUBMISSION OF SEALED PROPOSALS
Complete proposals are to be packaged, sealed and submitted to the Division of Purchasing at the
address listed under KEY EVENTS/DATES paragraph. The date and time of submission of
proposals are shown on the Request for Proposal cover sheet. A list of vendors submitting proposals
will be available on request after posting. Proposals not received by the time and date shown on
proposal cover sheet will not be accepted.
PRICE STABILITY
Prices and shared savings will be fixed under the term of the contract and any renewals, unless more
favorable terms are offered and accepted by the State.
If for any reason, during the term of the contract, the contractor reduces the pricing for similar
services or products to a similarly situated entity with similar or smaller contract volume, the State
shall receive an equivalent reduction in pricing for the services or products delivered to the State.
Additionally, in the event the contractor offers additional shared savings to a similar situated entity
with similar or smaller contract volume, the additional shared savings also shall be given to the
State.
STATE OF FLORIDA PROCUREMENT RIGHTS
The State of Florida reserves the right to:
l . Reject any and all proposals received in response to this RFP.
Disqualify a proposer from receiving the award if such proposer, or anyone in the proposer's
2. employment, has previously failed to perform satisfactorily in connection with public bidding
or contracts.
3. Seek clarification of proposals including waiving minor irregularities in any proposal.
4. Utilize any and all ideas submitted in any proposal.
Adopt all or any part of a proposal in selecting the optimum procurement card service
program.
6. Negotiate with proposers responding to this RFP within the RFP requirements to serve the
best interests of the State.
Should the State be unsuccessful in negotiating a contract with the selected Contractor within
7, ten (10) business days, the State may begin contract negotiations with another proposer in
order to serve the best interest of the State of Florida.
S Select and award the contract to the responsive proposer providing the best value proposal to
the State.
9. Change any scheduled dates upon written notification.
Subsequent to establishing a contract resulting from this RFP, if the State determines
10. additional features, services, modifications, or deletions are needed and it is in the State's best
interest, then the State may enter into negotiations with the contractor to amend the contract.
LIABILITY FOR PR P L PREPARATION EXPENSE
The State is not liable for any costs incurred by a proposer in the preparation and production of a
proposal or for any work performed prior to the issuance of a contract or delivery order.
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SPECIAL CONDITIONS
Page 6 of 17
CONTRACT
The successful proposer's proposal and a copy of this RFP will be made part of the contract.
CANCELLATION
The State of Florida retains the right to cancel any contract awarded as a result of this RFP for any
reason, provided Contractor is given at least sixty (60) days notice of its intent to cancel. This
provision should not be understood as waiving the State's right to terminate this contract, or stop
work immediately for cause and is supplementary to that provision.
PROPO AL SEC RITY
The content of each proposer's proposal will be held in strict confidence during the evaluation
process, and no details of any proposal will be discussed outside the evaluation process, subject to
the provisions of Section 119.07(3)(M) Florida Statutes.
PUBLIC RECORDS
Requests concerning the evaluation of the proposals submitted will be considered, only after contract
negotiations are complete to the maximum extent permitted by law.
Written requests should be directed to:
Department of Management Services
Division of Purchasing
Bureau of Procurement
Room 3151
4050 Esplanade Way
0 Tallahassee, Florida 32399-0950
Phone No.: (904) 488-8366
Fax No.: (904) 488-5498
Email Address: WILLIAM@DMS.STATE.FL.US
CONTRACTOR RESPONSIBILIIIES
The Division of Purchasing will contract with the successful proposer. The Division of Purchasing
considers the Contractor to be the sole contact with regard to all provisions of the proposal, and
contract. In the event the proposer's proposal includes hardware and/or software manufactured by
another manufacturer or supplier, it is mandatory for the Contractor to assume full responsibility of
delivery, installation, maintenance, and support services for such items offered in the proposal.
CONSENT TO ASSIGNMENT
The Contractor agrees not to assign this Agreement without the prior written consent of the Division
of Purchasing. Such consent shall not be unreasonably withheld.
TYPICAL PAYMENT CYCLE FOR ST TE OF FLORI A AGENCIES
The typical payment cycle for small dollar purchase requirements for state agencies begins with
completion of a purchase requisition by the authorized State agency employee. After approval of the
purchase requisition, a purchase order is completed by the agency purchasing office and money is
encumbered within the accounting system. After receipt of goods or performance of services and
with receipt of vendor's invoice, a voucher is prepared and approved by the originating agency. The
approved claim is then forwarded to the Comptroller for payment and the Comptroller issues a
warrant that is sent to the respective state agency for mailing to the vendor.
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SPECIAL CONDITIONS
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STATEMENT OF NE DS OR PROCUREMENT CARD SERVICE PROGRAM FOR THE
STATE OF FLORIDA 4
The procurement card service program shall permit designated employees in each participating entity
to make purchases for equipment, material, supplies and services including items contracted for
under the State of Florida term commodity and service contracts.
The initial single purchase maximum limit for each transaction shall be $5,000. DMS will consider
revising the single purchase limit per transaction and other aspects of the program requirements of
each authorized participating entity.
The procurement card service program shall allow each participating entity to establish individual
card limits within specified time frames and limits established within this RFP. The procurement
card service program shall include controls which shall allow oversight of procurement card use
including, but not limited to, initial approval, final approval and revocation of authority for all or
individual card accounts by each participating entity. Employees designated as cardholders by each
participating entity and other employees as deemed necessary shall be trained in all aspects of
procurement card use and in responsibilities of the participating entity and the Contractor under the
program. Such parameters shall be further defined and mutually agreed to by the Division of
Purchasing and the Contractor in the contract.
Proposals shall address Electronic Data Interchange (EDI) and communication with respect to
transfer between the contractor and the State. The State intends to use the most appropriate standards
issued by the American National Standards Institute X.12 for EDI. The proposer shall address its
capability to provide EDI files containing daily credit card billing information (e.g. ANSI X.12
Transaction 8 1 0-Invoice), other management reporting data (e.g. ANSI X.12 Transaction 996-File
Transfer), Cardholder eligibility/profile setup and acceptance of electronic payment and remittance
(e.g. ANSI X.12 Transaction 820-Payment and Remittance) in accordance with the most appropriate
EDI standards (Version 003030 or greater) issued by ANSI X.12.
CART) ACCEPTANCE MANDATORY
The procurement card provided by the proposer must be accepted by a wide variety of businesses
offering goods and services within the State of Florida. The proposer shall submit information which
indicates the number of current retail establishments doing business in the State of Florida,
preferably by type of retailer.
ISSUANCE MANDATORY1
Each participating entity will administer the procurement function, and will determine to whom the
cards should be issued based upon the purchasing authority of each employee within the limits of
this RFP. The procurement card service program shall be available for use by individual government
employees. The methods of authorization for issuance of individual cards shall be defined by
proposers. Issuance of the card to any employee shall have the prior written approval of the
participating entity. This approval may be provided in the following forms:
The authorized participating entities representative's signature on the Contractor's application
1. form. Contractor should provide an adequate supply of applications to each participating
entity;
A memorandum from the authorized participating entity representative listing the individual
2. employees issued and authorized to use cards and other information as may be required by the
Contractor;
3 Electronic access to enter or update the Contractor's data base for cards issued to employees
of the participating entity; or,
4. An alternative method which is acceptable to the Division of Purchasing and the Contractor.
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SPECIAL CONDITIONS
Page 8 of 17
LIABILITY 1MANDATORYI
0 The respective participating entity shall be liable for the use of the procurement cards by its
authorized cardholders provided that the use is within the single per transaction dollar limits and any
other limits imposed upon use of individual procurement cards by the participating entity and
provided the cardholders are acting within the scope of their employment. Neither the State nor any
participating entity shall have any liability for lost or stolen procurement cards or fraudulent use of
any procurement card and shall establish by mutual agreement in the contract with the procurement
card service Contractor procedures for notice of loss and theft of the procurement card. The Division
of Purchasing is amenable to limiting the period of liability for fraud in procurement card use by
employees upon termination of an individual's employment in accordance with demonstrated
industry standards. The proposer shall identify in its proposal appropriate controls for
implementation to identify fraudulent use of any procurement card and appropriate responses by the
parties upon identification of such fraudulent use.
Notwithstanding the above, the procurement card service Contractor must identify and hold harmless
the State and participating entities, their officers and employees from any and all claims, suits,
actions, liabilities and costs of any kind (including attorney's fees), for personal injury (including
death) or damage to real property or tangible personal property arising from the acts or omission of
the procurement card service Contractor, its agents, officers, employees, partners, or subcontractors,
without limitations.
Furthermore, the State and participating entities shall be entitled to and the Contractor shall adhere to
and provide all protections offered with respect to, but not limited to, extensions of credit, credit card
issuance, credit card transactions, interest, payments and settlements, as established by Federal or
State law, regulation or rule, State of Florida procedure or executive order.
PROCUREMENT CARD FORMAT ANDAT R
The Contractor shall provide a card format distinctive to the State of Florida with the following
minimum elements:
l . The name, STATE OF FLORIDA, and THE STATE SEAL on the face.
2. The phrase, FOR OFFICIAL USE ONLY on the face.
3. The phrase, "SALES TAX EXEMPTION NUMBER: 47-04-039143-52C".
4 The Contractor's 24 hour toll free help line telephone number shall be printed on the
back.
5. Long -Distance Calling Information as supplied by DMS.
6 There shall be no reference to Automatic Teller Machines (ATM's), or other
advertising.
7. Layout and artwork shall be subject to approval of DMS before distribution begins.
A color photographic image of the cardholder, measuring approximately 1.125" x
.875", is being seriously considered. DMS has not yet decided to require the
photographic image be placed on the front of each card and will base its decision in
part upon the costs involved. Each proposal submitted in response to this RFP must
8. disclose on the fixed charges price sheet the additional per card charge for placing the
color photographic image of the cardholder on the face of the card if any such
additional fee is expected to be charged. The participating entity will be responsible for
providing to the contractor a digitized electronic photographic image of each person
who will be issued a card at no cost to the contractor.
OPTIONAL CARD PROVISION
The State may have its own card for use, including all preparations. DMS has an existing
relationship with Florida State University (FSU) to produce employee building access and
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identification cards which utilize a 16 digit International Standards Organization (ISO) number. Each
firm submitting a proposal in response to this RFP is encouraged to submit a separate Procurement
Card Shared Savings Proposal Form if its system can be adapted to accommodate using the cards
produced by FSU in lieu of having to provide cards or replacement cards pursuant to the contract
awarded as a result of this RFP.
The Contractor and participating entities may mutually agree to additional enhancements to the
procurement card to customize it for use.
REMUIREMENTS OF PROPOSEa MANDATORY
I Proposer will screen payment inquiries to eliminate unauthorized SIC charge types or
requests.
2. Proposer will provide purchasing transaction detail by participating entity and
cardholder.
Proposer will implement and include detailed cardholder profiles and procurement
3. guidelines per State policies and procedures, statutes, and rules (authorized cardholder
index).
4 Proposer will provide required invoicing, credit, and remittance transaction EDI files
and EFT capabilities for interface with the State accounting system.
5 Proposer will provide both valid and rejected data transaction activity and statistics on
compatible report file layouts for State PC and mainframe user reporting facilities.
Proposer will provide demonstrated adequate user logon and access security controls,
6. and shall ensure that an appropriate level of security is established and maintained in
connection with the services provided pursuant to this RFP.
CONTROLS/RESTRICTIONS fMANDATORE 4
The proposer shall provide a plan to address available controls and restrictions to prevent the use of
cards as may be designated by the State. The authorized participating entity Representative will
determine how the cards will be used, consistent with the terms of any resulting Contract, and within
the Statewide single maximum transaction dollar limit of $5,000 or other limits imposed upon use of
individual procurement cards by each participating entity. A participating entity shall have no
liability for lost or stolen procurement cards or fraudulent transactions or those exceeding the
maximum dollar limit. Cash advances or cash refunds are strictly prohibited. Eligible entities
electing to participate in the procurement card service program may specify:
1. Single per transaction dollar limits for each cardholder.
2. Number of credit card authorizations per day.
3. Number of credit card transactions per report cycle.
4. Authorization tied to budget limits (report cycle dollar limits).
5. Restriction on the types of vendors with which the card may be used.
6. Commodity types.
Proposers shall specify any other limits or controls which are available for eligible entities'
determination on procurement card usage which may be added at the DMS option to the Contract as
part of the procurement card service program.
ENTITY ENROLLMENT[MANDATORY]
Participating entities shall be added to the procurement card service program by written request and
upon approval by the Division of Purchasing. The notice, at a minimum, will provide the Contractor
with the participating entity name, address and shall identify the authorized participating entity
representative and such individual's telephone number. Procedures relative to Contractor establishing
each participating entity's account shall be presented in the proposer's proposal and further agreed
upon by the parties in the contract. Proposer, however, should specify processing time necessary to
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SPECIAL CONDITIONS
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issue procurement cards. Shall the need arise, the Department of Management Services, Division of
Purchasing, and the Contractor, upon mutual agreement, may vary the enrollment procedure for
eligible entities.
Preference will be given to any proposal which allows participating entities the ability to perform
their program administrative activities electronically. It is anticipated that each participating entity
will be primarily responsible for furnishing information relative to its cardholders, approved activity
levels and related matters directly with the contractor.
TRAINING [MANDATORY]
The Contractor shall provide training for all participating entities at no additional cost. Training shall
be provided to both cardholders and other designated employees of the participating entities, the
Department of Management Services, Division of Purchasing and the Comptroller associated with
the procurement card service program. The Contractor shall develop and implement a "State of
Florida" specific training program covering initial and follow-up training. On -site training must be
available at no less than four (4) locations as selected by the Division of Purchasing.
For purposes of this Request for Proposals, the proposer shall provide details and confirm that the
training program to be provided will accomplish the following goals:
1. Understand overall nature of the procurement card service program and its benefits.
2. Assist participating entities in developing individual spending limitations and other
program restrictions and controls.
3 Understand participating entities' financial responsibilities and billing and payment
procedures.
4. Assist participating entities in developing periodic internal reports.
The Contractor shall develop a VCR format training video for ongoing internal use by
5. participating entities during full scale implementation. The proposer shall also address
other remote training options in its Proposal with reference to training.
ISSUANCE OF PROCU MENT CARDS
The successful proposer will be responsible and accountable for issuance of all procurement cards
directly to an authorized participating entity Representative. The participating entity will issue a
purchase order and ordering form to the successful proposer. The ordering form will be designed by
the Department of Management Services, Division of Purchasing and the successful proposer prior
to the start of the contract period.
PARTICIPATING ENTITY AND CA HOLD R SUP T AN ATOR
The Contractor shall provide at "no cost", a customer support service for the participating entities'
representatives, Department of Management Services, Division of Purchasing, the Comptroller and
cardholders. Proposer shall specify transaction inquiry and update response times.
Support shall include, but not be limited to, the following features:
Toll Free "Help" telephone line(s) and number(s) for assistance and for reporting and
canceling lost or stolen cards. The Contractor's customer support services toll free
1. telephone line shall offer the capacity of P.01 grade of service (no more than one out of
every hundred calls attempted could be blocked) on all calls received on a 24 hours a
day 7 day per week basis.
The Contractor's customer support services shall be staffed and available in such a way
is that all calls to be answered in 7 seconds or less after the call is setup, when a
cardholder dials for inquiries concerning billing or services.
Toll Free telephone line and number to account representatives for inquiries involving
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2. accounts, billing and services 8:00 A.M.-6:00 P.M. Eastern Time excluding weekends
and State of Florida designated holidays. 4
DISPUTED ILLIN xS UE ONE ITEMS AND CHARGEBACKS rMANDATORY1
Contractor shall provide a non -charge (transaction fee/ plus late fee interest) method for resolution of
disputed billings. Proposers shall include a description of their disputed billings process. For State of
Florida interest penalties, please refer to Florida Statute 215.422 (1).
The proposers shall propose detailed methods for handling questions concerning charges or credits.
Provisions for handling questioned items should include the following:
1. How to handle questioned or disputed charges or credits ;
2 How to adjust the participating entity account pending resolution of the questioned or
disputed item; and,
3. How to process adjustments for items resolved in favor of the participating entity.
CHANGES IN CARDHOLDER OR PARTIQJEATINGENTITY AC TS ANDATOR
A participating entity and authorized representative may request changes to information in
cardholder's account. Such changes may include card expenditure limits set by each individual
participating entity, transaction limits, purchase restrictions, cardholder name, cardholder billing
address or telephone number and termination or non -renewal of a cardholder's account.
The proposer must specify a timeframe between receiving a request for change in a cardholder
account or participating entity's master account and accomplishing the change with notice to the
participating entity's representative.
LOST OR STOLEN, rARDS [MANDATORYI
The cardholder and/or the authorized participating entity's representative will immediately report lost
or stolen procurement cards to the contractor in a timely manner. The Contractor will provide a
twenty-four (24) hour toll -free number to the cardholder for reporting lost or stolen cards, upon
issuance of the card. The Contractor must also replace lost or stolen cards at "no cost" within fifteen
(15) days after notification of the loss by the participating entity's representative. The proposer must
specify the time frame between receiving the report of a lost or stolen procurement card and mailing
a replacement card, Such reports will be in writing or verbally with written follow-up. The
participating entity shall not be liable for any charges after the card is lost or stolen.
The provisions of this paragraph with regard to replacement cards shall not apply if the contract
award is based upon the state using its own ISO number, cards and replacement cards. See page 12,
OPTIONAL CARD PROVISION.
CARD TERMINATION/C. N ELLATION MANDATORY
The authorized participating entity representative will immediately notify the Contractor of card
termination or cancellation. This notification will be made in writing, faxed, or verbally with written
follow-up as soon as possible, or as otherwise provided for in the contract. Upon notification, the
Contractor shall immediately cancel the cardholder's account. The participating entity shall not be
liable for charges incurred after written, faxed, or verbal notice to the contractor to cancel a card
account. As part of its procedures, the participating entity will recover, whenever possible, cards
issued upon termination, retirement, discharge, or resignation and will destroy the card when
recovered, and notify the contractor to cancel the account.
CONTRACTOR'S RIGHT TO CANCEL A RDH L ER OR A PARTICIPATING QNTITY
Contractor may cancel or suspend any cardholder's or participating entity's ability to use a card
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issued pursuant to this RFP with the prior approval of DMS if payment on the account becomes
excessively delayed (for more than 31 days), or for other factors agreeable to the contractor and
DMS.
PROGRAM ENROLLMENT AND ENHANCEMENTFMAND6]:ORYI
Contractor must have a program to recruit new businesses for inclusion in the procurement card
program. Such program shall incorporate an action plan for business recruitment upon notice by a
participating entity that Contractor's procurement card is not accepted by a particular business.
Proposers must describe their program for recruiting new business.
All participating entities, the Department of Management Services, and the Division of Purchasing
will be encouraged to provide the Contractor with information to identify existing vendors for
recruitment and enrollment purposes.
BILLING [MANDATORY
Billing shall be provided on a monthly or more frequent basis, but not to exceed more than once per
day. Proposer shall advise on options for billing cycles on a staggered or cyclical basis. Statements
or transactions shall be accessible or provided to parties identified by the authorized participating
entity representative including, but not limited to, the following:
L Authorized Representative
2. Finance Officer
3. Cardholder(s)
Billing shall also be accessible to the Department of Management Services, Division of Purchasing
and the Comptroller in a format to be agreed upon by DMS and the Contractor. Please refer to
Florida Statute 215.422 for additional billing information relating to eligible entities.
AUT MATED BILLING AND ACCOUNTING MANDATORY
The State of Florida intends to reengineer, then automate the Comptroller's accounting and auditing
processes associated with procurement card purchases. Currently, minimum accounting and auditing
requirements (i.e., data elements entered on an expenditure or payment request voucher) include the
following:
I . Agency voucher number and statewide document number
2. Agency OLO and site number
3. Object and transaction codes
4. Account Codes
5. Invoice numbers and amounts
6. Transaction verification and approvals
7. Purchase (transaction) description and other audit supporting data
The Comptroller intends to develop a system that accepts detailed procurement card purchase data
and management operations reporting data, makes the data available to all state agencies, allows for
encoding of accounting data, provides audit and edit checks, updates both agency and individual
cardholder accounting records and creates a daily EFT transaction to the Contractor (or contractor's
bank). Proposal shall include current automated billing and accounting system(s) capabilities as well
as Contractor's plans for automating all required electronic interface procurement card application
systems, data file transfers and business process controls to satisfy the Comptrollers' accounting and
auditing requirements. Contractor's plans to automate accounting and auditing requirements shall
include all provisions for capturing merchant point of sale data, description of all data captured and
an indication of the number of vendors currently capable of capturing procurement card purchasing
data. The proposer should describe in the proposal its ability to matrix line item purchases to state
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accounting codes (i.e., object codes, account codes) and ability to extract additional transaction detail
from merchant computer systems. The Contractor should also include plans to expand vendors or
merchants with the capability to capture detailed procurement card point of sale data. 4
CARDHOLDER INFORMATION [MANDATORY'
The Contractor shall not sell or distribute a list of participating entities or cardholders, their
addresses or any other information to any person, firm, or other entity for any purpose. This is
absolutely prohibited. This section is not intended to prevent the Contractor from complying with the
requirements herein and the resulting Contract for reports and reporting.
PRQCMMENT CARD IMPLEMENTATION ANJQ CUSTOMER SUPPORT ANDATOR
Proposer shall provide a comprehensive summary of its procurement card program incorporating
mandatory requirements to meet the needs of the eligible entities. Proposer shall delineate what staff
would be deployed to implement the program by name, title and experience. Proposer shall provide
action plan(s) for assisting participating entities in the development, implementation and
modifications of procedures and processes and recommend changes to rules and policies relative to
procurement and procurement card use.
REPORTS AND REPORTING DATA MANDATORY
The proposer shall confirm in its proposal the capability of its procurement card program to generate
report or report data through description and provision of samples of management and other reports
or report data to be provided to cardholders and participating entities and the Department of
Management Services, Division of Purchasing. Reports or report data shall be capable of being
sorted at all levels for at least the following:
1. Cardholder
2. Cardholder's Supervisor
3. Participating Entity
Reports or report data shall be available to the following:
l . Participating Entity's Finance and Accounting Office
2. Comptroller
3. Department of Management Services, Division of Purchasing
4. Florida Fiscal Accounting Management Information System (FFAMIS), Statewide
Purchasing Subsystem (SPURS)
Data furnished by the contractor must be available to enable a particular entity to generate the
following:
1 Transaction data during a period to cardholder and finance office, or other office or
individuals as may be designated by the participating entity.
2 Procurement card provider/supplier sales activity by Taxpayer Identification Number (TIN),
by participating entity and cardholder.
3 To reconcile all procurement card transactions including charges, credits, disputes,
adjustments, duplicates, etc.
FINANCIAL INCENTIVES TO THE STATEFEES AND COSTS MANDATORY
Each proposer shall provide a complete and detailed summary of all fees and charges, if any, for
their procurement card program including the following and any additional cost credits or incentives
associated with the program:
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SPECIAL CONDITIONS
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Procurement card shared savings proposal form (shall include all volume level shared
1. savings offered based upon percent of total value of transactions processed through the
procurement card system).
Each proposer is required to complete and submit a form for an arrangement under
which the proposer issues the cards and the replacements.
Each propser is reguested (not mandatory) to complete and submit a form for an
arrangement under which the State uses its own ISO number, cards and replacements.
The Division of Purchasing reserves the right to award under either option, as
determined by the Division of Purchasing to be in the best interest to the State.
2. Fixed charges price sheet
TAX EXEMPT NOTIFICATION[MLNDATOPE
Proposers shall indicate their ability to indicate purchases by participating entities as "Tax Exempt"
upon confirmation to vendors.
INNOVATIVE IDEAS[DESIRA13LE1
Although the State has provided a detailed statement of needs and mandatory requirements for
proposers to meet in order to be selected for the contract for the procurement card service program, it
is not intended to limit proposer's innovations or creativity in preparing a proposal to accomplish
these goals. Innovative ideas, new concepts and partnership arrangements other than those presented
in this bequest for Proposal will be considered. For example, these might include unique business
features, special services, discounts or terms and conditions specific to each proposer. If a proposer
is willing to offer additional shared savings on purchases paid within one business day after
submission, the idea and additional shared savings associated if the idea is accepted should be shown
in the innovative ideas section of the response to this RFP. The specific cost or additional shared
savings associated with each such idea or concept shall be fully disclosed along with the innovative
idea and not listed on the shared savings proposal form or the fixed charges price sheet.
The Division of Purchasing is interested in considering optional features of proposals which will
increase the potential for shared savings. In this regard, optional proposals are encouraged for the
procurement card service to be managed as a debit card rather than a credit card. In order for this
optional feature to be considered, the proposal must address the name of the qualified public
depository where the funds are to be deposited and such depository must satisfy the requirements of
Chapter 280, Florida Statutes, and the rules adopted by the Treasurer thereunder. If the contract
awarded as a result of this RFP includes a debit card optional feature, the contractor may not change
the qualified public depository without the express written consent of the Division of Purchasing. As
noted above, the additional costs or shared savings associated with this innovative idea should not be
shown on the fixed charges price sheet or shared savings proposal form(s) but rather only included
along with the proposal in the innovative ideas section.
ADVANCED TE .HNOLO JY
The Contractor agrees to make at no cost to the State and no reduction in shared savings, future
upgrades in its systems and processes to reflect advancements in associated technology, hardware,
and software.
REPORT DATA D SIRABLE
Proposer shall indicate its ability as applicable to indicate purchases with State Term Contracts for
commodities and services, and Florida Certified Minority and Women -awned Businesses.
• FINANCIAL STABILITY
Each proposal shall include financial statements audited by a certified public accountant which
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SPECIAL CONDITIONS
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include balance sheets and income statements for the proposer's two (2) most recent fiscal years.
These documents should break out subsidiary data if the proposer is part of a larger entity.
REFERENCES [MANDATORYI
Each proposer must submit documentation indicating experience in providing a similar service to
four (4) current or former firms or government agencies and to demonstrate the ability to handle a
contract of this complexity, which shall include the following information:
• Number of customers
• Name of Government Entity/company serviced
• Contract start/completion dates
• Name of contact person
• Title of contact person
• Telephone number(s)
To the extent that proposer is currently furnishing this service to a State government entity, one or
more of the references shall include the government entity. In addition, if vendor is, or has provided
financial services to the State of Florida, proposer shall provide information on such services.
PERSONNEL RESOURCES ANDATOR
Each proposal shall list the following information relative to all personnel resources that would be
assigned to the State of Florida procurement card program:
-Number of full time positions that will be assigned
-Number of hours each full time position will be assigned to the State of Florida program
-Physical location of employees assigned
The Division of Purchasing retains the right to request additional data pertaining to the proposer's
ability and qualifications used to accomplish all work in this RFP as it deems necessary to ensure
competent and satisfactory work. Any vendor failing to submit, on request, in whole or in part, the
required statement attesting to qualifications will disqualify the proposal of that vendor.
EVALUATION _COMMITTEE
Proposals will be evaluated by an evaluation committee, composed of employees of the Department
of Management Services, Comptroller, and/or other State agencies.
Proposals which do not conform to mandatory requirements will be rejected and shared savings
proposal form and fixed charges price sheet not opened.
The evaluation committee's scoring of proposals will be tabulated and ranked by the committee.
PROPOSAL EVALUATION AND AWARD CB1TERIA
It is anticipated that a contract will be established with a single proposer.
The proposal selected will be the one determined to provide the best value to the State of Florida.
The evaluation process will comprise comparative analysis of technical and financial criteria. The
technical and financial criteria will be weighted to arrive at the selection of proposal which offers
the best value to the State of Florida. 4
All proposals meeting mandatory requirements will be further evaluated based on the following
criteria:
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Maximum
Technical Pro oral: Points
Current retailer base in Florida 25
Features of program 16
Development and implementation of program 7
Contractor, staff, support, and training 7
Experience in providing similar corporate card program 10
Ability to accept ISO number and card adopted by FSU 4
Technical Component
Financial Proposal:
Proposed shared savings 30
Fixed charges 8
Financial Component 38
Total Evaluation Score 100
Upon notification, a responsive proposer may be required to make an oral presentation to members
of the evaluation committee to clarify all mandatory and desirable requirements, and other aspects of
proposal offered.
AWARD OF CONTRACT
Award will be made to the proposer meeting all mandatory requirements, and achieving the highest
rating on a weighted basis as designated above. As in the best interest of the State, the right is
reserved to reject any and all proposals or waive any minor irregularity or technicality in proposals
received. The Division of Purchasing has the right to award to the proposer proposing the best value
to the State of Florida, whether the card is provided by the card provider or provided by the State of
Florida. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as
being responsive.
NOTIFICATION OF AWARD
The successful proposer will be advised of the award by the Department of Management Services,
Division of Purchasing. A contract defining all deliverables, revenues and costs, and the
responsibilities of the procurement card provider will be developed by the Department of
Management Services, Division of Purchasing, and negotiated with the successful proposer. Public
announcements or news releases pertaining to this contract will not be made without prior
permission of the Department of Management Services, Division of Purchasing.
_ _F T E
�OP SAL CONTENT AND D FORMA OVERVIEW
The requirements established for proposal content and format will be rigidly enforced. Variations
from the requirements prescribed herein will subject the proposer to outright disqualification. It is in
the best interests of the proposer to become familiar with the constraints imposed on its proposal so
that the evaluation process can proceed in a timely manner.
SYJBMISSION OF SEALED PROPOSALS
Each proposer must submit the original technical proposal (excluding shared savings proposal
form and fixed charges price sheet) package in a single sealed package. The package must be
clearly labeled with the following information:
ORIGINAL
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SPECIAL CONDITIONS Page 17 of 17
Name of Proposer
Proposal Number
Time and Date of Proposal Opening
Proposer's Federal Employment Identification Number (FEID)
Each proposer must submit five (5) duplicate copies of the original technical proposal (excluding
shared savings proposal form and fixed charges price sheet) in a separate envelope clearly
labeled as follows:
DUPLICATE COPIES
Name of Proposer
Proposal Number
SHARED SAVTN, SS PROPOSAL FORM
Each proposer must submit the mandatory shared savings proposal form and fixed charges price
sheet (also include the optional shared savings proposal form if applicable to response) in a separate
sealed envelope within the original proposal package clearly marked as follows:
SHARED SAVINGS PROPOSAL FORMS
Name of Proposer
Proposal Number
If there are discrepancies in the material or content between the "original" and the "duplicates", the
information contained in the original shall prevail. The shared savings proposal form and fixed
charges price sheet shall be provided only with the original proposal.
Any addendums or answer(s) to written questions supplied by the Division of Purchasing to
proposers shall include an Addendum Acknowledgment form. This form shall be signed by an
authorized company representative, dated, and returned as part of the technical proposal.
Proposers shall submit their proposals on or before the time indicated in the "Key Events/Dates"
paragraph of this RFP, to the purchasing office listed on the Request for Proposals Acknowledgment
form.
AGREEMENT MODIFICATIONS
No provision of this agreement shall be modified, amended, or waived on behalf of the Division of
Purchasing except in writing from the Division Director or his designee.
BINDTNG OF THE PROPOSALS
Proposers shall submit proposals so that addendum update pages can be easily identified. The
official name of the firm submitting the proposal must appear on the outside front cover of each
binder, together with the information given in the RFP.
PROPOSAL AT fNSTRIICTION
Each proposal must incorporate a Table of Contents. Each proposal must have major sections of the
proposal identified with index tabs to identify the major sections of the proposal as they are named in
the Table of Contents. Emphasis in each proposal must be on completeness and clarity of content. It
is through this Table of Contents that the evaluation committee will evaluate conformance to
uniform proposal content and format. 4
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5/27/98
TO ENSURE PROMPT PROCESSING, CONFIRM THAT THE FOLLOWING IS PROVIDED:
❑ Complete Application and Signature and Authorization: Complete all sections including. Signature(s), Authorization and Certificates of Au
❑ Financial Statements: For Entities processing payments through the State of Florida's Department of Banking & Finance. no financial inforrr
[� Submit the completed Application, along with required documentation to: Forward the Completed application, along v
If you have questions call 850-894-4166 or
STATE OF FLORIDA / NATIONSBANK VISA PURCHASING CARD APPLICATION
Does your organization currently bank with NotionsDank? ❑ Yes 2 No If yes, location
Entity Information (Please type or print):
Name of Entity (As it will appear on card): 1-imit 24 spaces:
C1 11 T I Y I I-O_LFIT I A I M A I RI A I C
Entity Legal Name CITY OF TAMARAC
Street Address 7525 NW 88th AVENUE
Tax 1D #t 16--03-1960054
City/State/Zip
TAMARAC FL 33321--2401 59-1039552 Sales Tax Exempt
Business Phone No. ol- Employees
954-724-2450 413 Full and Fart Time
Type of Organization: State Agency
X Municipality
County
Community College
District School Board
Special District (type)
Other (specify)
County Constitutional Office (specify)
.program Administrator(s): (attach additional list if necessary)
Name Title
Lvnda S. Flurry _ _ Purchasing/Contracts Manage
Business Address 7525 NW 8 8 t h Avenue
City Tamarac State F L Zip 33321 Business Phone 9 5 4— 7 2 4— 2 4 5 0
E-mail address 1 ndaf@tamarac.or Fax number 9 5 4 -, 7 2 4- 2 4 0 8
Name Title
Anne Lodato Senor Bu er
Business Address
City Tamarac State F L Zip 3 3 3 21 Business Phone 9 5 4- 7 2- 2 4 5 0
E-mail address a �a o e'l @ t a m a r a c. o r g Fax number 9 5 4 -• 7 2 4- 2 4 0 8
Program Information:
1. What is your projected annual spending volume with the Purchasing Card (total)?— $ 2 , 0 0 0 , 0 0 0
2. What will your organization -wide per transaction limit be? $ 7 5 0 . 0 0
3. What is your average small dollar transaction amount? _, $15 0 . 0 0
4. How many cards do you anticipate initially? 50 At full implementation?
100
0 What types of purchases do you plan to use the Purchasing Card for (travel, office supplies, etc.)° Small dollar repetitive purCha !,
6. When do you plan to implement a Purchasing Card program (target date)? January 1, 1999
kevised 2/98
uircd. For Entities processing payments directly to NationsBank, enclose our two most recent yeRrs audited financial statements.
�t documentation, to your NationsBank Account Representative.
2
Electronic I)ransmission and Reporting: Payment Method:
❑ EDI ❑ ACH Debit
❑ Statement Billing File (ASCII) ❑ ACH Credit
® InfoSpan Wire Transfer
Signature and Authorization:
To be signed by person authorized to enter into the Agreement:
The entity named above (the "Entity"), by the signature of its authorized officer or employee below, requests that a Visa Purchasing Card account be
established by NationsBank, N.A. (South) in the name of the Entity, and that Visa Purchasing Cards be issued to the representatives of the Entity a5
the Entity designates from time to time. The Entity agrees to be liable for transactions made on the account, and shall pay NationsBank, N.A. (South;
the account charges in accordance with the NationsBank Purchasing Card Program Agreement with the State of Florida dated February A, 1997. as it
may be amended from time to time (the "Agreement"), The Entity hereby acknowledges receipt of a copy of the Agreement. The Entity agrees that
it shall be considered a Participating Entity, as such term is defined in the Agreement and as such shall fulfill all Participating Entity obligations. 11
the Entity utilizes electronic data interchange (EDI) through the Florida Department of Management Services (DMS) for billing and information
processing and to the extent that funding is not lawfully available to the Division of Purchasing of DMS to pay the EDI costs, then the Entity agrees
to pay DMS its proportionate share of electronic data interchange costs (EDI), as determined at the sole discretion of DMS. The Entity understands
that its participation in the Purchasing Card Program may be immediately terminated if it fails to make timely payments hereunder or otherwise as
•permitted in the Agreement. If the Entity processes payments directly to NationsBank and the Agreement should terminate, NationsBank may, at its
option, upon notice to the Entity, terminate Entity's account or issue new terms for the account. I hereby certify that I am authorized to sign this
application for the NationsBank Purchasing Card Program and to contractually bind the Entity to all terms and conditions found herein, without
limitation. for the duration of the said contract. The legal basis upon which this authorization exists is as follows:
Florida Law (please give citation):
Florida Administrative Code or ordinance (please give
Other (please give reference orcitation):_ City of Tamarac Code of Ordinances
Name (print): Joe S r e i b e r
Signature. -
Entity nr Organi , ion C i ty of Tamarac
Title: Mayor
Date:61
Certificate of Authority (to be signed by Counsel for Participating Entity/Organization):
This certifies that Joe S c h r i e b e r , Ma o r is authorized, by the specific provisions of the Florida Statutes, Florida
(name)
Administrative Code or other legal authority cited above. to sign the application for the NationsBank Purchasing Card Program on behalf of the
named Entity/Organization in this application and by so signing binds the Entity/Organization to all terms and conditions found herein, without
limitation, for the duration of the said contract.
Mi It tj e11 S. Kraft ity A t t o r r
Print N me
/ S'gnatu
Florida liar I.D. Number
TR NO. 9903
EXHIBIT "B"
NATIONSBANK PURCHASING CARD PROGRAMAGREEMEN'r
WITH THE STATE OF FLORIDA
This .AGREEMENT is by and between NationsBank, N.A. (SOUTH) ("NATIONSBANK") and the
Department of Management Services of the State of Florida acting on behalf of the State of
Florida ("STATE"). This program Agreement ("AGREEMENT") will be effective upon execution
by the parties.
WHEREAS, STATE issued a Request for Proposals, number 4-973-120-W, on June 10, 1996,
and NATIONSBANK submitted its response which was evaluated to be the best of all responses
received.
NOW THEREFORE, the parties wish to enter into this AGREEMENT to formalize the
relationship which will permit ELIGIBLE ENTITIES to participate in the PURCHASING CARD
PROGRAM.
0 DEFINITIONS
• "ACCOUNT' means a line of credit plan established by NATIONSBANK pursuant to this
AGREEMENT that can be utilized by an EMPLOYEE CARDHOLDER for the purpose of
incurring LEGITIMATE BUSINESS EXPENSES.
• "BILLING CYCLE" means a monthly billing period with a 14 day grace period before
payment is due.
• "CALCULATION PERIOD" means each calendar month during the term of this
AGREEMENT, in which any ACCOUNT is in effect.
"CARDL,ESs ACCOUNT" means a type of ACCOUNT (i) which requires the express prior
approval of the STATE before it is opened; (ii) with respect to which no PURCHASING CARD
is issued; and, (iii) which is accessed by ACCOUNT number alone.
Al F"iswl (J02W)
Page I of 17
• "CENTRAL BILLING" means one billing statement for combined CHARGES per BILLING
CYCLE will be provided to a PARTICIPATING ENTITY and payment(s) will be made by such'
PARTICIPATING ENTITY for outstanding CHARGES on the billing statement,
• "CENTRAL, PAY" means a PARTICIPATING ENTITY will send payment(s) for its CHARGES on
its CENTRAL BILLING statement.
• "CIMRGE" means any transaction occurring on an ACCOUNT (including a CARDLESS
ACCOUNT) including, but not limited to, purchases, late payment fees and any other fees
charged in conjunction with the PROGRAM that are specifically provided for in this
AGREEMENT.
• "DISPUTES" means items that are requested by an EMPLOYEE CARDHOLDER or
PARTICIPATING ENTITY to qualify for credit under Visa's Rules and Regulations as they
may be in effect at the time the claim by the EMPLOYEE CARDHOLDER or PARTICIPATING
ENTITY is made.
• "ELIGIBLE ENTITY(S)" is as defined in the RFP.
"EMPLOYEE CARDHOLDER' means a person designated by a PARTICIPATING ENTITY for
whom an ACCOUNT is established by NATIONSBANK upon the request of such
PARTICIPATING ENTITY.
• "FRAUDULENT USE" means any CHARGE that was not made by the EMPLOYEE
CARDHOLDER or his/her agent and which was reported by PARTICIPATING ENTITY or
EMPLOYEE CARDHOLDER to NATIONSBANK in a timely manner, as stated in section 3.
• "LEGITIMATE BUSINESS EXPENSE" :means those CHARGES that directly or indirectly
benefit a PARTICIPATING ENTITY, whether or not previously authorized or approved by
said PARTICIPATING ENTITY.
• "MEMO BILLING STATEMENT' means a summary of CHARGES on the EMPLOYEE
CARDHOLDEIrs ACCOUNT provided for information purposes only, not for billing purposes.
r
L
x F:nal (2102/97)
Page 2 of 17
•
+ "MERCHANT CATEGORY CODE" means merchant classifications assigned by Visa and
made available for use by STATE or a PARTICIPATING ENTITY for the purposes of allowing
or restricting CHARGES.
+ "NET PURCHASE VOLUNIE" is defined as aggregate dollar amount of purchases made on
the ACCOUNTS in the relevant CALCULATION PERIOD less the aggregate dollar amount of
(i) successful DISPUTES, (ii) successful FRAUDULENT USE, and (iii) PERSONAL CHARGES for
which Visa's Liability Waiver Program mares payment to NATIONSBANIi, relating to a
purchase(s) made during any previous CALCULATION PERIOD.
• "PARTICIPATING ENTITY' or "PARTICIPATING ENTITIES" are as defined in the RFP,
provided that the entity has executed the appropriate PROGRANI application and the
application has not been declined pursuant to section I.E. of this AGREEMENT.
• "PERSONAL CHARGES" means CHARGES which are not LEGITIbIATE BUSINESS
EXPENSE(S).
• "PROGRAM A,DMINISTRATOIC mean
s the designated representative of a PARTICIPATING
ENTITY who will work directly with NATIONSBANK and the STATE on issues that relate to
the PROGRAM
• "PURCHASING CARD" means the plastic card issued with respect to an ACCOUNT.
• "PURCHASING CARD PROGRAM" or "PROGRAM" means the extension of service under
this AGREEMENT for the STATE and any PARTICIPATING ENTITY.
• "RFP" means the original request for proposals, number 4-973-120-W, issued on June 19,
1996, the written questions and answers clarifying certain issues in the original request
for proposals, and the Addendum which modified the original request for proposals issued
on July 23, 1996.
& FiOai (VoM7) Page 3 of 17
'STATE PROGRmm A.DmINISTRATO r' means the designated representative assigned by
the STATE to be the primary point of contact for NATIONSBANK and all PARTICIPATING
ENTITIES on issues that relate to the PROGWI.
I. PURCHASING CARD ISSUANCE.
A. NATIONSBANK hereby agrees to provide a PARTICIPATING ENTITY with the
NATIONSBA.NK PURCHASING CARD PROGRAM, establish ACCOUNTS and issue PURCHASING
CARDS to EMPLOYEE CARDHOLDERS upon the terms and conditions of this AGREEMENT. Each
ACCOUNT is to be used for LEGITIMATE BUSINESS EXPENSE.
B. NATIONSBANK will establish an ACCOUNT for and issue a PURCHASING CARD to an
EMPLOYEE CARDHOLDER upon th6 request of a PARTICIPATING ENTITY; however, the
establishment of a CARDLESS ACCOUNT will be subject to subsection l_C., below.
C. NATIONSBANK may, at the request of PARTICIPATING ENTITY and with the
approval of STATE, establish CARDLESS ACCOUNTS. A CARDLESS ACCOUNT may be utilized by
a PARTICIPATING ENTITY for the purchase of goods and services. In the event that a
CARDLESS ACCOUNT is established, all transactions on such ACCOUNT shall in all respects be
treated as though the transactions were initiated through the use of a PURCHASING CARD
except as stated in Section 2.B. hereafter. Each PARTICIPATING ENTITY will use all due care
to maintain the security of all PURCHASING CARDS and CARDLESS ACCOUNT numbers
provided to it under the PROGRAM_
D. Each- PURCHASING CARD and CARDLESS ACCOUNT shall be valid for the term
indicated and will be eligible for reissuance, unless such PURCHASING CARD, CARDLESS
ACCOUNT and/or the PROGRAM have been canceled by NATIONSBANK pursuant to the
provisions of this AGREEMENT, or at the request of the PARTICIPATING ENTITY as it relates to
its participation, or at the request of STATE. NATIONSBANK reserves the right to cancel or
suspend an ACCOUNT at any time if the ACCOUNT is more than 30 days past due with notice
to the PARTICIPATING ENTITY and STATE. In gdditinn N1ATT0MgA-iKW ma« a,ranand nnv
ACCOUNT with just cause at any time prior to notifying STATE or PARTICIPATING ENTITY
provided that it notifies the PARTICIPATING ENTITY and STATE at the earliest reasonable
opportunity.
a• V;--i #,,/nnm?i
C�
E. If an ELIGIBLE ENTITN'S I)ayrnents to NATIONSBANIti are processed through the
Department of Banking and Finance, a PROGR-::%I application (to be mutually developed by
STATE and NATIONSBAN�;) shall be executed by the ELIGIBLE ENTITY but such application
shall not be subject to a financial, analytical or performance review. In the event that an
ELIGIBLE ENTITY's payments pursuant to this AGREEMENT are not processed through the
Department of Banking and Finance, NATIONSBANI� and the STATE will develop a separate
PROGRAM application/enrollmentto be executed by such ELIGIBLE ENTITY and which will be
utilized by NATIONSBANK to conduct an independent financial, analytical and performance
review. In the event that this review demonstrates bona fide concerns for NATIONSBANK or
STATE, a good faith effort will be made to resolve the concerns. However, if the parties are
unable to resolve said concerns, NATIONSBANK reserves the right to decline the PROGRAM
application/enrollment of the ELIGIBLE ENTITY. In any event, NATIONSBANI( shall not be
required to establish any ACCOUNT under this AGREEMENT unless and until STATE or
PARTICIPATING ENTITY furnishes to NATIONSBANK such evidence of action and authority as
NATIONSBANK may reasonably request prior to the enrollment of a PARTICIPATING ENTITY.
`?. LIABILITY.
A. PARTICIPATING ENTITY PURC$ASING CARD ACCOUNT Liability. A
PARTICIPATING ENTITY shall be liable for all CHARGES made on all of its EMPLOYEE
CARDHOLDERS' PURCHASING CARDS except for CHARGES resulting from FRXUDULENT USE or
qualifying under the DISPUTES policy. However, if the PARTICIPATING ENTITY meets all then
existing requirements of Visa's Liability Waiver Program (Addendum B), then
PARTICIPATING ENTITY will not be liable for any PERSONAL, CHARGES on its PURCHASING
CARD ACCOUNTS; - The STATE understands that a PARTICIPATING ENTITY may be required to
pay NATIONSBANK for some disputed (FRAUDULENT USE and PERSONAL CHARGES)
transactions pending the ultimate resolution of said disputed transactions.
B. PARTICIPATING ENTITY CARDLESS ACCOUNT Liability. Should PARTICIPATING
ENTITY request with prior approval of STATE to set up CARDLESS ACCOUNTS under the
PROGRAM, all CHARGES to -the CARDLESS ACCOUNTS shall;
A: Fi.La) MUM)
Page 5 of 17
(i) not be subject to signature and identity verification procedures and,
therefore, will not be eligible for DISPUTES processing for any reason related to
signature or identity verification; and,
(ii) be considered LEGITIMATE BUSINESS EXPENSE unless such CHARGE was
made from a merchant who was blocked using MERCHANT CATEGORY CODES
and the failure to dishonor the CHARGE was an error by NATIONSBA.YK or a
third party processor selected by NATIONSBANK.
MERCHANT CATEGORY CODES will be considered blocked two (2) business days after a request
is received by NATIONSBANK provided the request to block, from STATE or a PARTICIPATING
ENTITY, is initiated on a NATIONSBANK business day. however, if a PARTICIPATING ENTITY
meets all then existing requirements of Visa's Liability Waiver Program, then PARTICIPATING
ENTITY will not be liable for any PERSONAL CHARGES on the CARDLESS ACCOUNT.
C. billing Procedures,
(i) General procedures. CHARGES for both PURCHASING CARDS and/or \
CARDLESS ACCOUNTS will be set forth on a billing statement furnished to each
PARTICIPATING ENTITY, and a MEMO BILLING STATEMENT may be provided at
the PARTICIPATING ENTITY's request to the EMPLOYEE CARDHOLDER or to the
PARTICIPATING ENTITY for distribution by the PARTICIPATING ENTITY to
EMPLOYEE CARDHOLDERS. NATIONSBANK shall, upon request of a
PARTICIPATING ENTITY, provide the PARTICIPATING ENTITY with information
wig i respect to all CHARGES made by an EMPLOYEE CARDHOLDER during each
BILLING CYCLE and with any other information concerning the EMPLOYEE
CARDHOLDEVs ACCOUNT. STATE, on behalf of PARTICIPATING ENTITIES, and
NATIONSBANK shall agree to the settlement terms outlined in Addendum A.
(ii) Special procedures. The following procedures apply when a PARTICIPATING
ENTITY's payments are processed through the Department of Banking and
Finance. NATIONSBANK agrees to transmit daily statements/invoices (EDI t
811s) containing the transactions (CHARGES, credits, DISPUTES, which reduce
the balance due, and payments) processed the previous day through
A: Final (21o21"
n_ -- d rr t7
•
NATIONSBANK for each PARTICIPATING ENTITY. NATIONSBANK has also
agreed to accept daily payments in the form of Electronic Funds Transfer
(ACH Credits) from the Department of Banking and Finance per
PARTICIPATING ENTITY to be applied against that PARTICIPATING ENTITY's
outstanding balance. It is also understood:
(a) NATIONSBANK will commence transmission of transactions to the
STATE on a drily basis, excluding weekends, STATE holidays, and banking
holidays, between 4:30 a.m. but not later than 7 a.m. Eastern Time each
business day. NATIONSBANK and the STATE will develop a mutually
agreeable process for notifying the STATE's designated representative of a
transmission failure and possible resolution. NATIONSBANK and the STATE
will develop a mutually agreeable transmission schedule annually.
(b) Since the outstanding balance for a PARTICIPATING ENTITY will be
changing for each transmission of CHARGES and credits and payments
received by NATIONSBANK, the daily transmissions will contain a running
balance of the PARTICIPATING ENTITY'S ACCOUNT.
(c) NATIONSBANK will be responsible for notifying the STATE, in a method
mutually agreeable to the STATE and to NATIONSBANK, that NATIONSBANK
believes that a PARTICIPATING ENTITY is in arrears. Such notice shall
indicate the name of the PARTICIPATING ENTITY and the amount in arrears
for, the BILLING CYCLE.
(iii) NATIONSBANK shall work with each PARTICIPATING ENTITY that is not
included under section 2.C.(i.i), above, to accommodate the electronic
transmission of information as described in NATIONSBANK response to the
RFP, between such PARTICIPATING ENTITY or its designated data processing
facility and NATIONSBANK.
& (yazls-n Page 7 of 17
D. DISPUTES. NATIONSBANK will process DISPUTES upon receipt of a written notice
of a disputed item from an EMPLOYEE CARDHOLDER, PROGR:INI ADMINISTRATOR or the STATE
PROGR .M ADNIINISTILkTOP, in accordance with Visa's Rules and Regulations concerning valid
DISPUTES, as in effect from time to time. NATIONSBANK will issue temporary credits for
DISPUTES that will reduce the outstanding balance due at the end of a BILLING CYCLE for
each PARTICIPATING ENTITY.
E. Liability upon Termination of AGREEMENT. Any liability of a PARTICIPATING
ENTITY or STATE to NATIONSBANK or NATIONSBANK to a PARTICIPATING ENTITY or STATE,
which arises prior to the termination of this AGREEMENT, shall survive the termination of
this AGREEMENT.
F. NATIONSBANK acknowledges that STATE and PARTICIPATING ENTITIES are
separate legal entities which are not legally responsible for each other's tortious conduct or
financial obligations.
3. RESPONSIBILITY FOR CHARGES. A PARTICIPATING ENTITY shall Y a NATIONSBANK 4
pay
for all CHARGES on all EMPLOYEE CARDHOLDER ACCOUNTS and CARDLESS ACCOUNTS and
such payment shall be made according to the settlement terms in Addendum A, except as
modified by other provisions of this AGREEMENT. If a PARTICIPATING ENTITY meets all then
existing requirements of Visa's Liability Waiver Program, then NATIONSBANK will process a
claim on behalf of such PARTICIPATING ENTITY and issue a credit to the ACCOUNT once
reimbursement is received from the Visa Liability Waiver Program administrator.
FRAUDULENT USE -will be reported to NATIONSBANK no later than (i) 60 days after the end of
the BILLING CYCLE in which any such CHARGE first appears in the daily statement
transmitted in accordance with section 2.C_(ii) for those PARTICIPATING ENTITIES which
process payments through the Department of Banking and Finance, or (ii) 60 days after the
end of the BILLING CYCLE in which any such CHARGE first appears on the MEMO BILLING
STATEMENT for any other PARTICIPATING ENTITY. If FRAUDULENT USE is not so reported,
PARTICIPATING ENTITY waives any right to dispute such CHARGE.
0
I
C7
4. RESPONSIBILITIES OF THE STATE PROGRAM A NVIINISTRATOR AND PRoGRA..Ii
ADmINISTRATOR(S). STATE will designate employee(s) (individually or collectively) in
existing position(s) to assist NATIONSBANNK and STATE in administering the PROGRAM on
behalf of all PARTICIPATING ENTITIES. In addition, each PARTICIPATING ENTITY shall
designate at least one employee to serve as PROGR10vi ADMINISTRATOR for that entity. STATE
shall advise NATIONSBANK in writing as to any changes of the individual(s) named as STATE
PROGRAM ADMINISTRATOR(S), and each PARTICIPAT[N"G ENTITY shall notify NATIONSBANK in
writing as to any changes of the individual(s) named as PROGRAM ADMINISTRATORS) for the
respective entity. The STATE PROGRAM ADMINISTRATORS) on behalf of the STATE, and
PROGRAM ADMINISTRATORS) on behalf of the PARTICIPATING ENTITY, shall perform the
following duties, in addition to any other duties reasonably requested by NATIONSBANX and
agreed to by STATE, with regard to the STATE PROGRAM ADMINISTRATOR, or by the respective
PARTICIPATING ENTITY, with regard to PARTICIPATING ENTITY:
A. Be familiar with all aspects of the PROGR ig including but not limited to, billing
procedures; number and status of PURCHASING CARDS, and/or CARDLESS ACCOUNTS approved
by STATE; status of EMPLOYEE CARDHOLDERS; notice requirements; and, status of unpaid
CHARGES.
B. Promptly advise NATIONSBANK of an EMPLOYEE CARDHOLDERs termination of
employment with PARTICIPATING ENTITY as such termination is processed by PARTICIPATING
ENTITY in accordance with PARTICIPATING ENTITYs standard personnel termination
procedures. PARTICIPATING ENTITY shall take all reasonable actions necessary to collect
PURCHASING CARDS issued to an EMPLOYEE CARDHOLDER whose employment has been
terminated or whose ACCOUNT has been terminated. Such PURCHASING CARDS shall be cut
in half and destroyed. Failure of PARTICIPATING ENTITY and/or its PROGRAM ADMINISTRATOR
to give prompt notice to NATIONSBANK of an EMPLOYEE CARDHOLDERs termination shall
result in PARTICIPATING ENTITY's continuing liability to pay all CHARGES on the terminated
EMPLOYEE CARDHOLDEirs ACCOUNT which are not covered by the Visa Liability Waiver
Insurance Program (attached as Addendum B), except for FRAUDUIZN! USE, or DISPVI'ZS
resolved in favor of PARTICIPATING ENTITY.
A: Final (2102r97) Page 9 of 17
N
C. Advise all EMPLOYEE CARDHOLDERS to contact NaTIONSBANK immediately upon
the discovery of a lost or stolen PURCHASING CARD or CARDLESS ACCOUNT number, or contact
NATIONSBANK on behalf of the EMPLOYEE CARDHOLDER in these instances.
5. PRICING. A PARTICIPATING ENTITY shall pay to NATIONSBANK fees in the amount set
forth on the schedule attached as Addendum A to this AGREEMENT.
6. TERM OF AGREEMENT; DEFAULT,
A. This AGREEMENT shall remain in full force and effect for a term of five (5) years
from the date CHARGES initially commence pursuant to this AGREEMENT. STATE may elect to
renew the AGREEMENT for up to an additional five (5) years pursuant to the. RFP. All
PURCHASING CARDS and CARDL.ESS ACCOUNTS shall be deemed canceled effective upon
termination of this AGREEMENT.
B. Notwithstanding the foregoing, NATIONS13ANK may, at its option, terminate this
AGREEMENT as it relates to one or more PARTICIPATING ENTITY (ENTITIES) by 30 days prior
written notice to STATE and such PARTICIPATING ENTITY (ENTITIES) at any time after
occurrence of any of the following events:
(i) The failure of PARTICIPATING ENTITY or STATE to perform any term or
condition of the AGREEMENT;
(ii) The dissolution, consolidation, or merger of the State of Florida or a
PARTICIPATING ENTITY who is not making payments through the Department
of Banking and Finance, taken as a whole or the sale or other transfer of any
substantial part of the State of Florida's or at least 25% of the PARTICIPATING
ENTITY's assets;
(iii) Any written statement, representation, or warranty of STATE made
herein, or made by any PARTICIPATING ENTITY at any time and furnished to
NATIONSBANK, untrue in any material respect when made; or,
A. 61;-1 vpmn m-?%
(iv) Funds for the continuation of the PROGF-AAL are not appropriated by or for
the PARTICIPATING ENTITY or otherwise legally available to meet its obligations
under this AGREENIEN'T. However, in such event, the effective date of such
termination shall not be until the funds are no longer available.
C. All PURCHASING CARDS and materials furnished by NATIONSBANK to a
PARTICIPATING ENTITY marked "proprietary" shall be returned to NATIONSBANK upon
termination, suspension or discontinuance of the PROGRA.NI. STATE agrees that certain
materials provided by NATIONSBANK are the proprietary product of NATIONSBANK including
but not limited to reports, manuals, documentation, marketing materials, and other related
materials. Acceptance or possession of these materials constitutes an agreement that the
materials will be treated confidentially, and will not be disclosed, copied or otherwise further
disseminated to any person other than officers, employees or agents of a PARTICIPATING
ENTITY on a "need to know" basis without prior written approval of NATIONSBANx, and shall
be kept confidential for the duration of this PROGRAM plus an additional two years. The
confidentiality and records retention requirements specified in this subsection shall be
subordinate to the public records disclosure and records retention requirements in Florida
law which are in effect at the time a records request is made.
D. Should any PARTICIPATING ENTITY which processes payments through the
Department of Banking and Finance fail to pay any amount owed to NATIONSBANK by the
due date, then upon NATIONSBANK's request, STATE PROGRAM ADMINISTRATOR shall
immediately request the Comptroller to exercise the authority under Section 17.03, Florida
Statutes, to settle and approve said amount.
7. TERMINATION Should there be an adverse change in the financial condition of
PARTICIPATING ENTITY or the State of Florida, which NATIONSBANK reasonably deems to be
material, NATIONSBANK must discuss with the PARTICIPATING ENTITY and STATE possible
cures. If, after discussion, there is no mutual agreement as to actions to be taken, then
NATIONSBANK has the right to terminate this AGREEMENT as it applies to such
PARTICIPATING ENTITY no earlier than 180 days after delivery of written notice to the
PARTICIPATING ENTITY of its intent to exercise this right provided, however; if PARTICIPATING
ENTITY is in default hereunder, NATIONSBANK may terminate pursuant to 6.B. above.
A: Final 12/0=7) Page 11 of 17
Further, in any event NATIONSBANK has the right to terminate this AGREEMENT with or
without cause as it applies to a PARTICIPATING ENTITY no earlier than 180 days after delivery
of written notice to such PARTICIPATING ENTITY and STATE, or in its entirety no earlier than
180 days after delivery of written notice to STATE. These rights of termination are in
addition to NATIONSBANK's rights to termination set forth in Section 6. hereof.
8. NOTICES. All notices shall be in writing and shall be deemed duly given when
Personally delivered or mailed, first class postage prepaid or via overnight delivery service to
the appropriate party at the address set forth below or at such other address as the parties
may indicate from time to time in writing. Notices shall be sent to:
NATIONSBANx
Attention: Commercial Card
Credit Manager
2 Commercial Place
3rd Floor
Norfolk, VA 23510
9. MISCELLANEOUS
ST TE
Department of Management Services
Attn: STATE PROGRAM ADMINISTRATOR
4050 Esplanade Way, Room 160
Tallahassee, FL 32399-0950
A. Financial Information. Each PARTICIPATING ENTITY shall deliver to
NATIONSBANK as soon as available each year, a copy of its annual financial report and legally
adopted budget. NATIONSBANK agrees to accept the Annual Financial Report of the
Comptroller of the State of Florida prepared pursuant to Section 216.102, Florida Statutes,
and the General Appropriations Act for the State of Florida, as the only reports required
pursuant to this subsection A. from a PARTICIPATING ENTITY which is covered therein.
NATIONSBANK agrees to accept audited financial statements in lieu of an Annual Report from
a PARTICIPATING ENTITY which is not covered by the Annual Financial Report of the
Comptroller of the State of Florida and a copy of the PARTICIPATING ENTIT'Y's legally adopted
budget.
B. Complete AGREEMENT; Waivers; Axnendments. This AGREEMENT, the RFP and
NATIONSBANK's response, which are hereby incorporated by reference, constitute the
complete understanding between the parties with respect to the subject matter hereof and all
prior oral or written communications and agreements with respect thereto are superseded. if r
there is a conflict among these documents the conflict shall be resolved by reference to these
documents in the following order: this AGREEMENT, the RFP and NATIONSBANK's responses
ti Final MUM)
p.,-- 1 0 _r 17
to the RFP. No failure on the part of any party to exercise, and no delay in exercising any
right under this AGREEMENT shall operate as a waiver thereof, nor shall any single or partial
exercise of any right under the AGREEMENT preclude any other or further exercise thereof or
the exercise of any other right. No alteration, amendment or modification of any of the terms
and provisions of this AGREEMENT shall be valid unless made pursuant to an instrument in
writing signed by both of the parties.
C. STATE Authority, Compliance with Law. The execution, delivery and
Performance of this AGREEMENT by STATE has been duly authorized by all necessary action
on the part of STATE. STATE or PARTICIPATING ENTITY shall furnish to NATIONSBANK such
evidence of action and authority as NATIONSBANK may reasonably request prior to the
enrollment of a PARTICIPATING ENTITY. PARTICIPATING ENTITIES shall comply with all
applicable laws or ordinances in connection with the use of the ACCOUNTS including, without
limitation, accessing credit only up to the amount made available through respective
appropriations.
D. Successors and Assigns. All the terms and provisions of the AGREEMENT shall
inure to the benefit of and be binding upon the parties hereto and their respective successors
and assigns. This AGREEMENT, and all terms and conditions hereof, is not assignable or
transferable by STATE or PARTICIPATING ENTITY, except that if a PARTICIPATING ENTITY is
merged with another unit of government which prior to the merger would qualify as a
PARTICIPATING ENTITY, such PARTICIPATING ENTITY may continue to participate in the
PROGRAM without prior consent of NATIoNSBANK as long as the responsibilities under this
AGREEMENT transfer to the successor entity.
10. GOVERNING LAW. The validity, construction and enforceability of this AGREEMENT
shall be governed by the laws of the State of Florida (without giving effect to the conflict of
law principles thereof) and by applicable federal law. Venue for litigation will take place in
the county where the headquarters of the PARTICIPATING ENTITY is located. Nothing
contained in this AGREEMENT, the RFP or NATIONSBANWs response to the RFP shall be
construed to limit NATIONSBANK's, the STATE's or a PARTICIPATING ENTITYS rights which
would otherwise be available pursuant to federal law or regulations.
A: Final (JOV97)
Page 13 of 17
I L APPROPRIATION. The State of Florida's or a PARTICIPATING CNTITYs performance
and obligation to pay under this contract (AGREEMENT) is contingent upon an annual
appropriation by the Legislature pursuant to Section 287,0582, F.S., or upon a duly
authorized appropriation being made on behalf of a PARTICIPATING ENTITY whose operating
budget is not appropriated by the Legislature. Each PARTICIPATING ENTITY shall
immediately notify NATIONSBANK in writing in the event that the Legislature or other body
responsible for such appropriations fails to make the necessary approp riation(s).
12. REPRESENTATIONS AND WARRANTY The persons who sign this AGREEMENT
represent and warrant that they are designated or authorized to enter their respective
parties into a legally binding contract.
13. SHARED SAVINGS.
A. On a monthly basis, NATIONSBANK agrees to pay STATE shared savings based on
NET PURCHASE VOLUME. The shared savings will be an amount equal to .42% (42 basis
points) of NET PURCHASE VOLUME for the CALCULATION PERIOD. Such payment shall be
electronically transferred to the STATE within 60 days after the end of such CALCULATION
PERIOD according to instructions furnished by the STATE. NATIONSBANK also agrees to be
bound by the shared savings bonus clause in Addendum A.
B. STATE and NATIONSBANK agree to further negotiate in good faith an acceptable
arrangement whereby the parties estimate the annual shared savings amount and permit
NATIONSBANK to pay monthly to STATE and reconcile the difference on an annual basis with
the a -mount due -as a result of such reconciliation being promptly paid to the appropriate
party. It is expressly agreed and understood that the results of such further negotiations
may not result in an acceptable arrangement to both parties and therefore, the existing
payment provisions in this section 13.A. would not be amended.
14. COMMENCEMENT OF PROGRAM. NATIONSBANK and STATE will each use best efforts
to implement the PROGRAM for the Department of Banking and Finance and the Department
of Management Services by June 4, 1997_ 4
A: Final
0 This AGREEMENTshall not be effective until accepted below by NATIONSBANK.
•
SIGNED THIS . 4 DAY OF F ruary— , 1997 BY:
STATE ^10 FLORIDA DEPARTMENT OF APPROVED AS TO FORM AND
MANAG NTSERVICES _ LEGALITY:
LIM
Wt. •am H. Undner
(Typed or Printed Name)
Secretary
(title)
OFFICE OF GENERAL COUNSE
ACCEPTED THIS 4 DAY OF ebrua , I997 BY:
NATIONSBANK N.A. (SOUTM
By:
(Signature)
`1homs L. Posa
(Typed or Printed Name)
Sena -or &V*j-nq Executive
(Title)
w Find (ZV&"
Page 15 of 17
ADDENDUM A TO
NATIONSBANK PURCHASING CARD PROGRAM AGREEMENT
WITH THE STATE OF FLORIDA
TERMS
SETTLEMENT
Settlement Time Frame
30 day twilling cycle plus 14 days until
payment due date
Cycle Date
41h calendar day of each month or as
shown on a schedule agreed to annually
Billing Method
EDI - NATIONSBANK initiated
Settlement Method
ACH - PARTICIPATING ENTITY initiated
Billing Account Type
Central
Payment Type
Central
OTHER FEES
Unique Card Design
$ Not Applicable
Rush Card Fee (Express Mail)
$9.00 per express mail package
Late Payment Fee
Not to exceed s. 215.422, F.S.
Insufficient Funds Fee
$20.00
Draft Retrieval Request
$3.00 per request when no billing
dispute
4
•
REPORTING OPTIONS
Paper Reports
Statement Billing File
EDI 811
NATIONSBANK Visa Desktop
Software
No Cost
No Cost
No Cost
One time software/set up fee: No
Cost
Monthly Data transmission (per end
point): No Cost
Custom Programming Cost: No Cost
Hours Programming at No Cost per
hour with additional Programming
at No Cost per hour.
Shared savings bonus. ,Should PARTICIPATING ENTITIES that process their payments
through, the Department of Banking and Finance reach PROGRAM goals of at least the
following:
• Not more than 1 occurrence of non-payment by Payment Due Date in a 12 :month period;
• Cumulative Annual Purchasing Volume: $340,000,000;
• Number of Cards: Less than 9,300;
• Average Transaction Size: $300; and,
• Roll out Timing/Rate: 12 months.
A shared savings bonus of an amount equal to .15% (15 basis points) of NET PURCHASE
VOLUME based on the entities referred to above shall be earned by the STATE to the extent
that NATIONSBANK's bad debt credit losses due to non-payment by PARTICIPATING
ENTITIES do not exceed 1% (100 basis points) of NET PURCHASE VOLUME for such annual
period. The shared savings bonus will be calculated annually and paid within 60 days
after the end of the annual period consistent with section 13. of this AGREEMENT. The
annual period shall, commence on June 1 and conclude on the following May 31 of each
year for purposes of the shared savings bonus calculations.
Renegotiation. If after June 1, 1998, NET PURCHASE VOLUME exceeds the cumulative
annual purchasing volume noted above, NATIONSBANK agrees to renegotiate the shared
savings bonus for subsequent annual periods. It is expressly agreed and understood that
the results of such further negotiations may not result in an acceptable arrangement to both
parties and therefore, the existing shared savings bonus would not be amended_
A: Final (".::0219^.) Pa Pe 17 of 17
TR NO. 9903
EXHIBIT "C"
AMENDMENT NO.4
TO THE NATIONSBANK PURCHASING CARD PROGRAM AGREEMENT
WITH THE STATE OF FLORIDA
THIS AMENDMENT is by and between Bank of America N.A. (USA), successor of
merger to NationsBank of Delaware, N.A., ("Bank of America") and the State of Florida,
Department of Management Services, ("State"), and modifies that Agreement between the
parties dated February 4, 1997, as previously amended. This Amendment will be effective July
5, 2002.
WHEREAS the Parties have enjoyed a beneficial relationship under the above -referenced
Agreement since the execution thereof; and
WHEREAS, in recognition of their current relationship and for their Mutual benefit, the Parties
wish to renew their Agreement pursuant to Florida Statutes and the terms and conditions of the
current Agreement;
NOW, THEREFORE, the Parties agree as follows:
1. Authorization. Section 6(A) of the Agreement permits the Parties to renew the terms
and provisions of the Agreement, "for up to an additional five year period." Section 2 of
Amendment No. 3 to the Agreement further anticipates and allows for renewal subject to the
provisions of §287.058(1)(f), Florida Statutes, effective July 1, 2002.
2. Renewal. §287.058(1)(f), Florida Statutes permits a contract to be renewed "for a period
that may not exceed 3 years or the terin of the contract, whichever period is longer..." Section.
6(A) of the Agreement identifies the original period as five (5) years. The Parties hereby agree
to renew the above -referenced Agreement for a period of five (5) years from the Effective Date
of this Amendment No. 4.
3. Other Terms. All other terms and conditions of the Agreement and its previously
executed Amendments remain the saYne.
State Of Florida Bank of America, N.A. (USA)
Department of Management Services Successor to NationsBank of Delaware, N.A
By:
Name: Cynthia Henderson
Title: SecretaKy
Date:
By:
Name:
Title:
Date:
"PLEASE SEE FOLLOWING SCANNED PAGE FOR SIGNATURES"
02/01/1994 00:09 9132220955 SING KEARNEY
AMENDMENT NO.4 TO THE
NATIONSBANK PURCHASING CARD PROGRAM AGREEMENT
WITH THE STATE OF FLORIDA
THIS AMENDMENT is by and between Bank of America N.A. (USA), successor of merger to
NationsBank of Delaware, N.A.. ("Junk of America') and the State of Florida, Department of Managctnent
Servit7Dt1, ("State'"}, and modifies that Agreement between the parties dated February d, 1997. as previously
amended. This Aumndzurit will be of'foclive July S, 2002.
WHEREAS the Parties have enjoyed a beneficial relationship under the above-rckrcneed Agreement since
the execution thereof; and
VAOMEAS, in recognition of their cttr=t relationship and for their mutual benefit, the Parties wish to
. rr...w .t.....tip.-++�.r..� r....— -6" Fj—jnF.. .wd .Le .rr-.r ._a n-`nril.1^ne of 4- ri.rr.nr AQr..m.nr,
NOW. THEREFORE. the Parries agree as follows:
I. Autlwrintion. Section 6(A) of the Agrectnent permits the Parties to renew the terms and
provisions of the Agreement, "Tor up to an additional five year period.- Section 7 of Amendment No. 3 to
the Agreement further anticipates wW allows for renewal subject to the provisions of $267.058(1)(f),
Florida Sratt.t", effective July 1. 2002.
2. RewwAl. #287.059(1)(f). Florida Starures permits a ooninict to be renewed "for a period that
may rM exceat J rr+ua ui uic .caul Ur .ire w.....w. ..t.i.a,, 1.,;-4 9—tu . &(A) ri A..
Agrwment identifies the original period as five (5) years. The Patties hereby agree to renew the above-
rclerenced Agreement for a period of five (5) years from rho Effective Data of this Amendment No. A.
3. Other 'Perms All other terms and conditions of the Agreement and its previously executed
Airmndme-ats refuels tM same.
Stott Of riorldr
17e arm 'I�r��Serrieea
B 1f
Name:
Title:
Bank of Axwrica.. N.A. (USA)
Successor to NatlonsBank of Delaware, N.A
By: r
Niue: r
Title: �� ee
e
Date: ___ 7- 2_ - () Z Date: C 7
PACE 02
P. 0 2--04