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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 http://fcn.state.fl.us/st—contracts/973120971/order.htm 5/27/98 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 http://fen.state.fl,us/st_contracts/97312097I/revs.htm 5/27/98 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 http://fcn.state.fl.us/st—contracts/97312097I /conditions.htm 5/27/98 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: http://fcn.state.fl.us/st—contracts/973 12097 I/conditions.htm 5/27/98 SPECIAL CONDITIONS Page 3 of 17 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 httr);Hfcn.state.fl.us/st contracts/97312097 1 /conditions.htrn 5/27/98 SPECIAL CONDITIONS Page 4 of 17 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. http://fcn.state.fl.us/st—contracts/97312097 I /conditions. htm 5/27/98 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. E C u i,Mr�•llFn.. �.+.�+e +1 ..s/o+ nnn+nyn+o/(ti"i21 �nQi1 /nnnri:+:nrwa 1�+.r. 5/-7/9R err 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. http://fcn.state.fl.us/st—contracts/97312097 I/conditions.htm 5/27/98 SPECIAL CONDITIONS Page 7 of 17 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. ..t..+- fl 61c/Ot h♦m 5/27/98 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 http://fcn.statc.fl.us/st—contracts/973120971/conditions.htm 5/27/98 SPECIAL CONDITIONS Page 9 of 17 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 5/2�8 SPECIAL CONDITIONS Page 10 of 17 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 http://fcn.state.fl.us/st_contracts/973120971/conditions.htm 5/27/98 SPECIAL CONDITIONS Page 11 of 17 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 http://fcn.stateJl.us/st contracts/973120971/conditions.htm 5/27/98 SPECIAL CONDITIONS page 12 of 17 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 http://fcn.state.fl.us/st—contracts/973120971/conditions.htm 5/27/98 SPECIAL CONDITIONS Page 13 of 17 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: fl.us/st contracts/973120971/condition.q.htm 5/27/98 SPECIAL CONDITIONS Page 14 of 17 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 http://fcn.state.fl.us/st_contracts/973120971/conditions.htm 5/27/98 SPECIAL CONDITIONS Page 15 of 17 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: http://fcn.state.fl.us/st—contracts/97312097 I/conditions.htrn 5/27/98 SPECIAL CONDITIONS Page 16 of 17 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 http://fcn.state.fl.us/st_contracts/973120971/conditions.htm 5127/98 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 Yfcn.state-fl.us/st—contracts/973120971/conditions.htm 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