Contract 2020-001AAGREEMENT FOR
SCADA, CITECTSCADA, BCI ENERGY MANAGER, GE MDS PRODUCTS,
TRAINING, AND SERVICES
THIS AGREEMENT, is made and entered into this A -day of nuar`( 20,
by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the
laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida,
(hereinafter referred to as "CITY"), and BLACKBURN CONTROLS, INC. D/B/A BCI
TECHNOLOGIES whose address is: 1619 E. Vine Street, Kissimmee, FL 34744,
(hereinafter referred to as "CONTRACTOR").
WHEREAS, the Hillsborough County B:C.C. through the public procurement process
awarded an Agreement for SCADA, CitectSCADA, BCI Energy Manager, GE MDS
Products, Training and Services, the Hillsborough County B.C.C., Blanket Purchase
Agreement Number 217204251
WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the Hillsborough County B.C.C., Blanket Purchase Agreement Number
217204251
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I - SCOPE OF WORK
The CONTRACTOR shall furnish SCADA, CitectSCADA, BCI Energy Manager, GE
MDS Products, Training and Services as described in the Hillsborough County B.C.C.
Blanket Purchase Agreement Number 217204251, which is attached hereto and
incorporated herein as Exhibit "A" and shall do everything required by this Agreement and
the other Agreement Documents contained in the specifications, which are a part of these
Documents. Provided, however, that nothing herein shall require CITY to purchase or
acquire any items or services from CONTRACTOR. To the extent of a conflict between
this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail
and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall
apply.
ARTICLE II - THE CONTRACT SUM
CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B',
attached hereto and incorporated herein.
ARTICLE III - TERM AND TERMINATION
1
This Agreement is to become effective upon execution by both parties, and shall
remain in effect until January 31, 2020, unless terminated or renewed as
provided by the Hillsborough County B.C.C.
2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual Agreement of the parties, this Agreement may be renewed for
three (3) additional year term.
ARTICLE IV — COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable
purchase order or notice to proceed.
ARTICLE V — PAYMENTS
In accordance with the provisions fully set forth in the Contract Documents,
CONTRACTOR shall submit an invoice to CITY upon completion of the services and
delivery to CITY as set forth in the applicable purchase order. CITY shall make payment
to the CONTRACTOR for all accepted and undisputed services provided, within thirty
(30) calendar days of receipt of the invoice.
ARTICLE VI — DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
2
ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
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
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
Each Accident, $100,000
Disease -Each Employee, $500,000
Disease -Policy Limit, $100,000
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONTRACTOR's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $, 1,000,000 Each
Bodily Injury & Property Damage Occurrence,
Combined Single Limit
(c) Products -Completed Operations, $2,000,000
(d) Personal & Adv. Injury, $1,000,000
(e) Professional Liability, $1,000,000 Each Occurrence, Combined Single
Limit
(f) Medical Expenses, $5,000, Any one Person
(g) Pollution/Environmental Liability Insurance, $1,000,000
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure
and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
3
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death, or to injury to or destruction of tangible property (other
than the Work itself) , and (2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers' or workmen's
compensation acts, disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII — NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid, or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: Blackburn Controls, Inc.,
DBA BCI Technologies
1619 E. Vine Street
Kissimmee, FL 34744
Attn: Michael J. Taylor
CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
4
ARTICLE IX — MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision, or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assign. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
5
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law or as
otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X — AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in the Hillsborough County B.C.C., Blanket Purchase
Agreement Number 217204251
0
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
thisIq dayof �GZntjaLu ,20.
City of Clermont
25&"t �"
Gail Ash, City Mayor
BCI Technologies, Inc.
By:
(Name Printed or Typed)
I",r,-% -
Title
Attest:
`I / 1^ 1 �`
Corporate Secretary
1 Y'i rrti ti
(Name Printed or Typed)
7
L
Hillsborough County
Board of County Commissioners
601 E Kennedy Blvd
Tampa, FL 33601
United States
Supplier. BLACKBURN CONTROLS INC
1619 E VINE ST
KISSIMMEE, FL 34744
United States
Ship To: See Below
Tampa, FL 33601
United States
Bill To: PO BOX 1110
Tampa, FL 33601-1110
United States
EXHIBIT A
Blanket Purchase Agreement 217204251,
0
Type
Blanket Purchase Agreement
Order
217204251
Revision
0
Order Date
05-JAN-2017
Created By
Amundsen Clifford
Revision Date
Current Biwrar
CustomerAcwuntNo.
ISUPPHallo.
PaymmiTerms
FrekhtTerom
I FOB
I T
' via
1003078
NET 30 DAYS
Fmight
Included
FOB -
Destination
Best
Way
Fifix tine start Date
Bffiective &d Date
Amour D
J&PZ017
31-JAN-2020
1,238,325.00
swlier Contact
star
BLACKBURN, GEL
40 8474348
Notes. In accordance with Sole Source Contract No. 7494, SCADA, CitectSCADA, BCI Energy Manager, GE
MDS Products, Training, and Services.
Awarded by the BOCC on December 7, 2016, and subsequently approved the correction of a scrivener's
error to the contract term on January 5, 2017.
Department: Public Utilities Department
Department Contact: Jim Wunderle, 813-612-7746, wunderlej@HCflgov.net
Contract Manager. Will Schill, 913-272-5977 x 43505, schillw@HCf1gov net
All prices and amounts on this order are expressed in USD
Line Part Number! Decrip&m Wmfi ie Date Expires On Qmndg UOM Unit Price Amount
SD D
1 Hour (s) 90
SCADA/1T Network Service
& Support/BCI Energy
Manager
2 Each 7500
CitectSCADA 3-Day Training
Class
3 Each 5000
CitectD-SCADA 2-Day
Advanced Training
See Below for Purchase Order Terms & Conditions Page 1 of 6
BOCCOU Blanket Purchase Agreement 217204251,
n
Line
Pat Numb / Description
EtEo &e Date Expires On Quantity
I UOM
Unit Price
D
Amount
D
4
Each
6900
GE MDS 2-Day Training
5
Hour (s)
90
BCI Energy Manager
"Refresher" Course
6
Each
23000
BCI Energy Manager/Analyst
Software (Per site)
7
Each
3500
BCI Energy Manager Global
Monitor (Per site)
8
Each
3900
BC1 Energy Manager Power
Meter PM820 & PM8ECC
9
Each
765
BCI Energy Manager Annual
Product Support
10
CitectSCADA Software and
250,000.00
Related Products (7.5%
Discount)
Payments in accordance with the Contract Documents, Page 6, Section 2, Price Schedule.
This line item is issued based upon a dollar amount and any work or deliveries must not
exceed that amount.
Invoices must be submitted only for actual work performed and orders delivered and must be consistent with the
agreed upon prices, terms, and specifications.
1 I
GE MDS Radios / Antennas /
225,000.00
Other Products (Up to a 27%
Discount)
See Below for Purchase Order Terms & Conditions Page 2 of 6
BOCCOU Blanket Purchase Agreement 217204251,
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HILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS
Standard Purchase Order Terms and Conditions
The vendor, in accepting this purchase order, agrees to and shall be bound by all of the following terms and conditions:
1. The content and conditions of this purchase order may not be verbally modified. Any changes must be in writing and
approved by the Director of Procurement. If these conditions are not acceptable, please notify the contact listed on the order
before shipping the items or delivering services. If prices are higher than specified, do not ship without prior written
approval from the Director of Procurement.
2. All invoices, packing lists and packages must include the order number printed on the upper right corner of the purchase
order. The vendor must provide a proper invoice by which payment will be processed. In accordance with 218.76(1),
Florida Statutes, if an invoice is subsequently determined to be improper, it shall be returned to the vendor. Proper invoices
must include:
- Original invoice.
- Vendor's name and address.
- Vendor's tax identification number.
- Vendor's "remit to" address.
- Invoice date.
- Invoice number.
- Invoice must be billed to 'SOCC Hillsborough County Florida."
- Correct purchase order number.
- Description of goods/services purchases, to include quantity and/or hours of work performed.
- Correct unit price (not to exceed four [4] decimal places), extended price, and total amount due.
- Shipping date.
- County department name and/or delivery contact named on the purchase order.
- Conformance to all other requirements specified in the corresponding contracNagreement.
3. All original invoices for goods and services must be emailed to countyfinanceinvoices@hillsclerk.com or mailed to:
County Finance Department, Hillsborough County Clerk of the Circuit Court, P.O. Box 1110, Tampa, Florida 33601.
Invoices for construction services may be mailed directly to the requesting department or assigned project manager for
review and sign off.
4. Payments will be made upon receipt of a proper invoice in accordance with Florida's Local Government Prompt Payment
Act, Chapter 218, Part VII, Florida Statutes. The following payment options are available:
Method - ACH (Direct Deposit)
Source - Electronic (Bank)
Fee - None
RemittancetNotice - Email (Invoice # & Amount)
Method - Check
Fee - None
Remittance/Notice - Stub (Invoice # & Amount)
Method - ePayables
Source - Electronic (Credit Card)
Fee - Merchant Services Fee **
RemittanceNotice - Email or Fax (Invoice # & Amount)
* Vendor's bank account information will remain confidential to the extent provided by law and necessary to make ACH
payments via direct deposit. Please visit htipJ/hillsboroughcounty.org/documenteenter/home/view/286 for the ACH
enrollment form.
** Merchant services fees are determined by the vendor's agreement with their Merchant Bank. Fees are generally up to
3%. Please visit httoAvww.hillsboroughcounty.org/documenteenter/view/285 for the ePayables enrollment form.
See Below for Purchase Order Terms & Conditions Page 3 of 6
BOCCOU
Blanket Purchase Agreement 217204251,
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5. Materials rejected by the County will be returned to the vendor at the vendor's risk and expense. The County shall not be
liable or otherwise responsible for any re -stocking charges unless prior written approval has been provided by the Director of
Procurement.
6. Cash discounts will be deducted as provided for on the face of this purchase order or in accordance with the terms of the
vendor's quotation or bid.
7. Acceptance by the vendor of this order includes acceptance of all items, conditions, prices, delivery instructions and
specifications as shown on the order or attached to or referred to, and which are made a part hereof by reference, as fully and
to the same extent as if copied at length herein. In the event of a conflict or discrepancy between this purchase order and any
referenced contract document, if one exists, the contract document shall govern. The vendor may not unilaterally modify the
terms of this purchase order by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard
preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic)
or by incorporating such terms onto the vendor's order or fiscal forms or other documents forwarded by the vendor for
payment. The County's acceptance of product or processing of documentation on forms famished by the vendor for approval
or payment shall not constitute acceptance of the proposed modification to the terms and conditions of this purchase order.
8. If this purchase order is a call or release order against a Blanket Purchase Agreement (BPA) or Contract Purchase
Agreement (CPA), all terns and conditions of the subject purchase agreement and this purchase order shall apply to the
order. The purchase order number, not the purchase agreement number, must be on the invoice.
9. All shipments by the vendor must be F.O.B Destination, unless otherwise authorized in writing by the Director of
Procurement. Any F.O.B. Shipping Point freight charges shall be prepaid and added to the invoice and with a copy of the
freight bill attached. The County will not accept collect shipments. All stated delivery times are of the essence.
10. In accordance with law, the County reserves the right to cancel all or part of this purchase order prior to acceptance of the
goods or services.
11. Vendors are expected to satisfy all purchase orders in one shipment unless otherwise stipulated in the subject solicitation,
award, or authorized by the Director of Procurement in writing. Excessive and unauthorized partial shipments may result in
vendor debarment or prohibition from doing business with the County.
12. Vendors are not authorized to deliver any goods or services which are not covered by this purchase order. The County
accepts no responsibility and is not obligated to render payment for purchases that are not covered by a duly -issued purchase
order or specifically authorized by the Director of Procurement or County Administrator. Vendors violating this condition
may be subject to debarment or prohibition from doing business with the County in accordance with the County's
Procurement Policies and such vendors may forfeit their right to compensation for such deliveries.
13. INDEMNIFICATION (PATENT OR COPYRIGHT): The vendor shall indemnify and hold harmless, and defend the
County and the Board of County Commissioners, their agents and employees, and anyone directly or indirectly employed by
either of them, from and against all liabilities, damages, claims, demands or actions at law or in equity, including court costs
and attorney's fees that may hereafter at any time be made or be brought by anyone arising out of any infringement of patent
rights or copyrights held by others or for the disclosure or improper utilization of any trade secrets by vendor during or after
completion of the Work. These obligations shall survive acceptance of any goods and/or services and payment therefore by
the County.
14. INDEMNIFICATION (GENERAL LIABILITY): The vendor shall indemnify, hold harmless, and defend the County
and the Board of County Commissioners, their agents and employees, and anyone directly or indirectly employed by either of
them, from and against any and all liabilities, losses, claims, damages, demands, expenses or actions, either at law or in
equity, including court costs and attorneys' fees, that may hereafter at any time be made or brought by anyone on account of
personal injury, property damage, loss of monies, or other loss, allegedly caused or incurred, in whole or in part, as a result of
any negligent, wrongful, or intentional act or omission, or based on any action of fraud or defalcation by the vendor, or
anyone performing any act required of vendor in connection with performance of the Contract awarded pursuant to this order.
These obligations shall survive acceptance of any goods and/or services and payment therefore by the County.
15.INDEMNIFICATION (GENERAL LIABILITY -GOVERNMENTAL AGENCY -VENDORS ONLY): The County and
governmental agency -vendor shall each be liable to the extent permitted by 768.28, Florida Statutes, for the negligent acts, or
omissions of their respective officers, employees and agents. Nothing in the foregoing shall be construed as a waiver of
See Below for Purchase Order Terms & Conditions Page 4 of 6
BOCCOU
Blanket Purchase Agreement 217204251,
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sovereign immunity or as consent to be sued by either the County or the governmental agency -vendor.
16. Any dispute or contractual right regarding this purchase order shall be governed by Florida Law. In the event of a lawsuit
by the vendor the venue of such lawsuit shall be in Hillsborough County, Florida and the vendor waives whatever rights it
has in the selection of venue.
17. The vendor shall have in its possession any applicable permits, licenses, etc. that may be required by Federal, State,
County, or local law to furnish products or services under the scope of this purchase order. The vendor shall be in compliance
with all zoning and other ordinances in the performance of the awarded contract.
18. EQUAL EMPLOYMENT OPPORTUNITY; NON-DISCRIMINATION: The vendor shall comply with Hillsborough
County, Florida - Code of Ordinances and Laws, Part A, Chapter 30, Article II (Hillsborough County Human Rights
Ordinance) as amended, which prohibits illegal discrimination on the basis of actual or perceived race, color, sex, age,
religion, national origin, disability, marital status, sexual orientation, or gender identity or expression, in employment, public
accommodations, real estate transactions and practices, County contracting and procurement activities, and credit extension
practices. The vendor shall also comply with the requirements of all applicable federal, state and local laws, rules,
regulations, ordinances and executive orders prohibiting and/or relating to discrimination, as amended and supplemented. All
ofthe aforementioned laws, rules, regulations, ordinances and executive orders arc incorporated herein by reference.
Furthermore, Hillsborough County hereby notifies all vendors that Minority Business Enterprises (MBE), Disadvantaged
Minority Business Enterprises (DMBE), and Disadvantaged Women Business Enterprises (DWBE) will be afforded a full
opportunity to participate in any award made by Hillsborough County and will not be subjected to discrimination on the basis
of race, color, sex or national origin.
19. The vendor shall keep adequate records and supporting documentation applicable to this contractual matter. Said records
and documentation will be retained by the vendor for a minimum of six (6) years from the date of termination of this contract.
The County and its authorized agents shall have the right to audit, inspect and copy all such records and documentation as
often as the County deems necessary during the period of this contract and during the period of six (6) years thereafter. This
six (6) year time period will be extended until audit findings are issued if an audit is initiated during the six (6) year period.
Such activity shall be conducted only during normal business hours. The County, during the period of time expressed by the
preceding sentence, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the
vendor as concerns the aforesaid records and documentation.
20. TAXES: Counties are exempt from Federal Taxes on transportation charges and any Federal Excise Tax (No.
59-6000661). If you are to prepay charges, do not pay tax as County will not reimburse you for taxes paid. The County's
Consumers Certificate of Exemption Number is #85-8012622015C-2, effective 11/30/14.
21. Questions concerning delivery of this order should be directed to the department contact shown on the order. For other
questions regarding this order, please contact the Procurement Services Department at P.O. Box 1110, 601 E. Kennedy Blvd.,
25th Floor, Tampa, FL 33601, procur+ementservices@hillsboroughcounty.org, or (913) 272-5790. Please visit
wwwldllsbomugheounty.org/pmourmnento=uaI to view or download the County's Procurement Policy and Procedures
Manual.
22. RISK OF LOSS: Until acceptance, risk of loss or damage shall remain with the vendor. The vendor shall be responsible
for filing, processing, and collecting all damage claims. When the County rejects a product, the vendor shall remove it from
the premises within ten (10) days after notification or rejection. Upon rejection notification, the risk of loss of rejected or
non -conforming product shall remain with the vendor. Rejected product not removed by the vendor within ten (10) days
shallbe deemed abandoned by the vendor, and the County shall have the right to dispose of it as its own property. The vendor
shallreimburse the County for costs and expenses incurred in storing or effecting removal or disposition of rejected product.
23. WARRANTY: The vendor shall provide to the County a one (1) year written warranty: (a) against poor workmanship,
for all services rendered by the vendor, (b) for all products, materials or equipment provided by the vendor in the course of
providing service to the County, and (c) for all commodities sold to the County. The warranty period shall begin on the date
of final completion and/or acceptance by the County.
24. FISCAL NON -FUNDING CLAUSE: This purchase order is subject to funding availability. In the event sufficient
budget funds to fund this purchase order become reduced or unavailable, the County shall notify the vendor of such
occurrence, and the County may terminate this purchase order,without penalty or expense to the County, upon no less than
twenty-four (24) hours written notice to the vendor. The County shall be the final authority as to the availability of funds and
See Below for Purchase Order Terms & Conditions Page 5 of 6
BOCCOU
Blanket Purchase Agreement 217204251,
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how available funds will be allotted. If this purchase order is funded in whole or in part by federal or state dollars which are
reduced or become unavailable, the County shall notify the vendor of such occurrence and the County may terminate this
purchase order, without penalty or expense to the County, upon no less than twenty-four (24) hours written notice to the
vendor.
25. ACCESS TO RECORDS: If applicable, vendor shall comply with the requirements of Chapter 119, Florida Statutes,
with respect to any documents, papers, and records made or received by vendor in connection with this purchase order.
26. REI114BURSEMENT OF TRAVEL EXPENSES: Travel expenses, if applicable, shall be paid pursuant to the provision
of 112.061, Florida Statutes.
Hillsborough County Standard Purchase Order Terms and Conditions - Revised 07/15/2015
See Below for Purchase Order Terms & Conditions Page 6 of 6
13
Sole Source Contract 7494-160303
Sole Source Contract 7494:160303
Title SCADA, CitectSCADA, BCI Energy Manager, GE MDS Products, Training and Services
Close Date 03-NOV-201615:41:25 Open Date 02-NOV-2016 12.06: 15
Time Zone Eastern Time
Response Status Active
Your reswiue has been suhmi:led to:
Yaw information is:
Company HILLSBOROUGH COUNTY BOA
Buyer Bangert, Brett
Location BOCCOU
601 E Kennedy Blvd
Tampa, FL
United States
Phone Not Specified
Fax
Email BangertWhillsboroughcounty.org
RN -CONTROLS INC
BCI TECHNOLOGIES
1619 E VINE ST
KISSIMMEE, FL 34744
United States _
YANCEYzPH IL
OF COUNTY COM
I IILLSBORDUGI 1 COUNTY BOARD OF COUNTY COMMISSIONERS Page I of 38
15
Sole Source Cuntract'7494:160303
Header Information
1.1 General Information
Title SCADA, CitectSCADA, BCI Energy Manager, GB MDS Products, Training and Services
Open Date 02-NOV 2016 12:06:15
Close Date 03-NOV-2016 15:41:25
Time Zonc Eastern Time Buyer .Bangert, Brett
Quote Style Sealed Email Bangertfthillsboroughcountyorg
Event Sole Source Contract Outcome Blanket Purchase Agreement
1.2 Terms
Effective Start Date Not Specified Effective band Date Not Specified
Ship -To Address Multiple (See Below) Bill -To Address CCC-County Finance -AP (global)
See Below PO BOX 1110
Tampa, FI. 33601 Tampa, FL 33601-1110
United States United States
Payment Terms NET 30 DAYS Carrier Beat Way
FOB FOB - Destination Freight Terms Freight Included
Currency USD (US Dollar) Price Precision Any
Response Valid Until Reference Number
Total Agreement Amount Not Specifued Minimum Release Not Specified
(USD) Amount (USD)
1.3 Requirements
Name of person submitting the Proposal.
...................................................................................................................... .
Your rerpnm.. value:
Phillip. Yance r�
'title of person submitting the Proposal.
.. ....................................................................... . .
Your rrtiponsti ntere:
Saks Manager —_.._...___.—_—
I represent that I am at least cightocn (1 S) years of ape.
........................................................................................................................................................................
Acceptable Values
Yes
................................................................................................ .......................................................................
Your respo►tse vohee:
Yes _
I represent i i the printing of my name and the submittal of a Prnjmzal is intended to atithenticatc this writing ano to have the samo
force mid effect as my manual signature.
........................................................................................................................................................................
Acceptable Values
Yes
........................................................................................................................................................................
Your r+a pone value:
Yes
l represent that 1 am either authorized to bind the Proposer, or that 1 am submitting the Proposal on behalf of and at the direction of
the Proposces representative authorised to contractually bind the Proposer.
........................................................................................................................................................................
Acceptabbe Values
Yes
Lneer respnirsc tautere.........
..............
-........
..............
.....
^—.T.'...
......................................................... .
I11LI,SBOR0UGI I COUNTY BOARD OF COUNTY COMMISSIONERS Page 3 of 38
16
Sole Source Contract 7494;160303
Affirmation
Yes
f represent that the Proposer and/or its applicable representatives) has rcvitcwcd the information contained in this Proposal and that
the information submitted is accurate.
..... .... .......................................................................................................................... ...................... I..............
Acceptable Values
Yes
........................................................................................................................................................................
Yow- response value:
_Yes At this present iime, _ we understand all requirements and state that as a serious Proposer we will comply with all the stipulations
included in this Solicitation Document. 'Ibc abuvc-named Proposer affirms and declares: That the Proposer is of lawful age and that
no other person, firm or corporation has any interest in this Proposal or in the Contract proposed to be entered into. That this Proposal
is made without any understanding, agreement, or connection with any other person, firm or corporation making a Proposal for the
sonic purpose, and is, in all respects, fair and without collusion or fraud. That the Proposer is not in arrears to Ifillsborough County
upon debt or contract and is not a defaulter, as surety or otherwise, upon any obligation to I lillsborough County. That no officer or
employee or person whose salary is payable, in whole or in part, from the County Treasury is, shall be or become interested, directly
or indirectly, surety or otherwise in this Proposal; in the performance of this Contract in the supplies, materials, equipment, and
Services and/or Work to which they relate; or in any portion of the profits thereof. That the Proposer has carefully examined the site
where the Services and/or Work are to be performed and that, from the Proposees own investigations, the Proposer is satisfied with
the nature and location of the Project and/or Work to be performed; the character, quality and quantity of materials; the kind and
extent of the equipment and other facilities needed for the performance of the Services and/or Work; the general and local conditions,
all difficulties to be encountered; and all other items which may in any way affect the performmnec of the Services and/or Work. That
the Proposer has not altered the original Solicitation Document in any way and further understands that any such alteration of the
original Solicitation Document may result in rejection of the Proposces Proposal. Proposer acknowledges and understands that
Section 287.135, Florida Statutes, prohibits agencies and governmental entities from contracting with a company for goods and/or
services that are One Million Dollars (S 1,000,000) or more, if such company is (i) engaged in business operations in Cuba or Syria,
(ii) on the Scrutinized Companies that Boycott Israel List (created pursuant to Florida Statutes, Section 215.47251(W) on the
Scrutinimd Companies with Activities in Sudan List (created pursuant to Florida Statutes, Section 215.473), or (iv) on the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List (created pursuant to Florida Statutes, Section
215A73). Proposer hereby certifies that Proposer (i) is not engaged in business operations in Cuba or Syria, (ii) is not on the
Scrutinized Companies that Boycott Israel List, (iii) is not on the Scrutinized Companies with Activities in Sudan List, and (iv) is not
on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. Proposer acknowledges and understands that
pursuant to Florida Statutes, Section 287.135, the submission of a false certification may subject Proposer to civil penalties, attorneys'
fees and/or costs.
........................................................................................................................................................................
Acceptable Values
Yes
.................................................. . .......................................................................................I .............................
Your response valr+e:
Yes
Deviation(s): Airy representation of deviation(s) may cause this Bid to be rejected by Ifillsborough C
every deviation (itemized by number) to the foregoing Invitation to Bid upon which this Bid is based.
.......... .......................... .................................... ....................................................................... I........................
Type Optional
........................................................................................................................................................................
Your +espa►we value: _
In the event an Agreamertt is executed upon the award of this invitation to Bid to the Bidder, the County will provide Successi
Bidder with a copy of the executed Agreement, i f applicable. The County prefers to provide the document via electronic mail
(e-mail). However, if Bidder wishes to receive an original hard copy of the executed Agreement, it can be mailed. Indicate the
delivery method desired.
........................................................................................................................................................................
Acceptable Values
Send electronic version
Send hard copy via U.S. Mail
I IILLSHOROUGIi COUNTY BOARD OF COUNTY COMMISSiONFRS
Page 4 of 38
17
Sole Source Contract 7494:160303
Your response Wdefe —
Send electronic version
Bidder is-currenfl set u with a merchint account to accept payment by VISA crWit card and will accept payment from the Coun
by VISA account through the cPayables electronic payment solution. Note: If Bidder is already enrolled in the County's ePayables
solution for an existing contractfaward, the Bidder will automatically receive payment using their mrollad solution in the event the
Bidder is the Successful Bidder.
Acceptable Values
Yes
No
............................................................................................................................... .--- -
Your ix's wirse tiulne:
Yes___ _ _
Bidder will accept payment from the County by diiix deposit th_rough the A C I l electronic payment solution. Note: If Bidder is
already enrolled in the County's ACI-Isolulion for an existing contractlaward, the Bidder will automatically receive payment using
thew enrolled solution in the event the Bidder is the Successful Bidder.
Acceptable Values
Yes
No
...............................................................................................................................
Your response value:
Submission Checklist _
The following items are uploaded and made part of this submission: Substitute
.........................................................................................................................................
Acceptable Valucsyes
Your response vahre:
Yes -------- ----
IA Attachments
1.4.1 Buyer Attachments
BCI Ilillsborough 3 Year
Continuing Contract Quote, Dated
August 3, 2016_—
BCI Price List
1A.2 Supplier Attachments
I sta ype— --- -- Dcscr' tion -- -
File --
I
t File
'TFile
Name Dame---- Descri tionr _------
BCI - W9 BLACKBURN CONTROLS DBA BCI TECHNOLOGIES
BCI - BUSINESS LICENSE il-ile__ —_ —_ BCI BUSINESS LICENSE
11ILLSBOR000GH COUNTY BOARD OF COUNTY COMMISSIONERS Page 5 or38
2 Price Schedule
2.1 Line Information
Line -
1 SCADA/1T Network
Service & Support/130
Energy Manager
2 CitectSCADA 3-Day
Training Class (Total of 15
3 CitectD-SCADA 2-Day
Advanced Training (Total of
10 days)
4 GL MDS 2-Aay Training
18
Sole Source Contract 7494:160303
Display Rank As No indicator displayed
Ranking Price Only
Cast factors None
RcsponseTotal (USD) 1,238,325.00
Item, Rev / Target Unit J Response Price Amount BMW
Job uantiY i, _ - _ Release
"Refresher" Course
G BCI Energy
Manager/Analyst Softatre
(Per site) _-- ---
7 BCi Energy Manager
Global Monitor Per site) _
S BCl Energy Manager
Power Meter PM820 &
PMSECC..... ..- -� --
9 BCI Energy Minas 1
Annual Product S��- I
10 CitectSCADA Software
and Related Products (7.5%
Discount_
11 GE MDS Radios /
Antennas / Other Products
(Up to a 2T/o Discount) ._. _.
3,500 ; 1 lour (s)
I
90
315,000.00
- - --
-
S Daily
17,500
37,500.00
5 _ Daily
^--
' 5.000
25,000.00
Daily ..... -
6,900 -----_-.�
34.500.00 --
230 -' Flour (s) _ !9090_
-- --- -
20,700.00
' - -
10 -- -
Each + 23,000
9
230,000.00
10 µ---1EEach
r 3,500 - -- - -
i
35,000.00
2.2 Line Details
2.2.1 Line I SCADA/IT Network Service & Support/BCI Energy :Manager
Category 920.47
Shopping Category Not Specified
Minimum Release Not Specified
Amaint (USD)
Estimated Total Not Specified
Amount (USD)
General
Value
Enter "Quote Price" only. Please do not fill
—
in"Quote Minimum Release Amount" unless you
are limiting your quoted price to a minimum
order, which may be deemed a material
deviation.
Lhfa RC'Y1JO/iYe RSLufiild_
HILLSHOROUGI I COUNTY BOARD OF COUNTY COMMISSIONERS
19
Sole Source Contract 7494:160303
2.2.2 Line 2 CitectSCADA 3-Day Training Class (Tots] of 15 days)
Category 920.91
Shopping Category Not Specified
Minimum Release Not Specified
Amount (USU)
Estimated Total Not Specified
Amount (USD)
General
F5escr!ption �Targel Value
:Enter "Quote Price" only. Picric do not (ill
in"(quote Minimum Release Amount" unless you
are limiting your quoted price to a minimum
order, which may be deemed a material
�deviation.
No Respons�c Regulmd _— _
2.2.31.ine 3 CitectD-SCADA 2-Day Advanced Training (Total of 10 days)
Category 920.91
Shopping Category Not Specified
Minimum Release Not Specified
Amount (USD)
Estimated Total Not Specified
Amount (USD)
General
Description
Enter "Quote Price" only. Please do not sill
in"Quote Minimum Release Amount" unless you
are limiting your quoted price to a minimum
order, which maybe deemed a material
deviation. `- J
N
o Re+1o,��cRe�i-ed J
2.2.4 Liao 4 GE MDS 2-Day Training (Total of 10 days)
Category 920.91
Shopping Category Not Specified
Minimum Release Not Specified
Amount (USD)
Estimated Total Not Specified
Amount (USD)
Enter "Quote Price" only. Please do not fill
in"Quote Minimum Release Amntmt" unless you
are limiting your quoted price to a minimum
order, which may be deemed a material
deviation.
No Rr4 wnse Regained
HILLSBOROUCI I COUNTY BOARD OP COUNTY COMMISSIONERS
20
Sale Source Contract 7494:160303
2.2.5 Line S BC1 Energy Manager "Refresber" Course
Category 920.91
Shopping Category Not Spedfled
Minimum Release Not Specified
Amount (USD)
Estimated Total Not Specified
Amount (USD)
General
Description_ -- --- - _ _,Target Value
Enter "Quote Price" only. Pleaseot rill
do not
in"Quote Minimum Release Amount" unless you
are limiting your quoted price to a minimum
order, which may be deemed a material
deviation.
No Retipr�nse Rer�uired
2.2.6 Line 6 MCI Energy Manager/Analyst Software (Per site)
Category 920.91
Shopping Category Not Specified
Minimum Release Not Speelfed
Amount (USD)
Estimated Total Not Specified
Amount (USD)
General —
Des en ion - - -- — Z2rSet Value
Enter Quote Price' only. Pleaw do not fiR
i t"Quaote Minimum Release Amount" unless you
ate limiting your quoted price to a minimum
order, which may be deemed it material
deviation.
N� o ReaIxAnse Requlrer!_— ------------- -•— - -
2.2.7 Line 7 BCI Energy Manager Global Meador (Per a(te)
Category 92L31
Shopping Category Not Specified
Minimum Release not Specified
Amount (USD)
Estimated Total Not Specified
Amount (USD)
I Target Value
Enter "Quote Price" only. Please do not fit l
in"Quote Minimum Release Amount° unless you
are limiting your quoted price to a minimum
order, which may be deemed a material !
deviation.
No Resixxrse Required
1111.1-SBOROUGH COUNTY BOARD OF COUNTY COMMISSIONERS
2.2.8 Line 8 BCI Energy Manager Power Meter PM920 & PMSECC
Category 920.31
Shopping Category Not Specified
Minimum Release Not Specified
Amount (USD)
1stimated Total Not Specified
Amount (USD)
Description -
Enter "Quote Price" only. Please do not fill
in"Quote Minimum Release Amount" unless you
are limiting your quoted price to a minimum
order. which may be deemed a material
deviation.
No Response Requires! r. �_--- _— _ _.. _ _ •-• •-- — _ _ --
2.2.9 Line 9 BCI Energy Manager Annual Product Support
Category 920.31
Shopping Category Not Specified
Minimum Release Not Specified
Amount (USD)
Fstimated 'Total Not Specified
Amount (USD)
General
C A on�� -- - Tarp�et Valuc
__i_..- _
Enter "Quote Price" only. Please do not fill
in"Quote Minimum Release Amount' unless you
are limiting your quoted price to a minimum
order, which may be deemed a material
deviation.
No Response I? ifired --
2.2.10 I.Ine 10 CitectSCADA Software and Related Products (75% Discount)
Category 920A7
Shopping Category Not Specified
Minimum Release Not Specified
Amount (i1SD)
Estimated Total Not Specified
Amount (USD)
General
Enter "Quote Price^ only. Please do not fill
in"Quoit Minimum Release Amount" unless you
arc limiting your quotod price to a minimum
order. which may be deemed a material
deviation.
NoEuApnnseRequired---
21
Sole Source Contract 7494:160303
�Re, onse Value
Response Value
Target Value_ _ Res ge Value
I
I IILLSBOROUGH COUNTY BOARD OF COUNTY COMMISSIONLRS
22
Sole Source Contract 7494:160303
21.11 Line 11 GE MDS Radios 1 Antennas I Other Products (Up to a 27% Discount)
Category 920.47
Shopping Category Not Specified
Minimum Release Not Specified
Amount (USD)
Estimated Total Not Specified
Amount (USD)
General
Description - --------�_�Tary et Value___
Enter "Quote Price" only. Please do not fill
' in"Quote Minimum Release Amount" unless you I
arc limiting your quoted price to a minimum
order, which may be deemed a material
deviation.
No Reasponse-------
HILLSBOROUGW COUNTY BOARD OF COUNTY COMMISSIONERS
EXHIBIT B
1619 E. Vine St.
Kissimmee, FL 34744
Phone: 407-847-8848
Fax: 407-847-8824
www.bdtech.com
October 30, 2019
Mr. Dave Bennett
City of Clermont
3335 Hancock Road., Clermont, FL 34711
Tel 352-267-1218 1 Fax 352-241-0542
Dear Mr. Bennett,
Clermont NX900 Upgrade Rev2.docx
As per your request, we are pleased to submit this proposal and budgetary pricing of a GE MDS telemetry system
replacement. This project will remove the now obsolete EntraNET 900 radios and replace with the GE MDS Orbit
products. Additionally, the backhaul network utilizing the !NET 900 radio will be replaced with the GE MDS Orbit product,
creating a cohesive and standardized radio network.
REMOTE SITES — HARDWARE
GE MDS Orbit ECR NX900 High performance Unlicensed 900MHz Radio. Each device may be configured as an Access
Point, Remote, or Store & Forward device supporting point to point, point to multipoint, store & forward and self -healing
communications. The Orbit ECR is a Layer 3 router with over -the -air speeds capable of 125kbps up -to 1.25 Mbps. The
current model provided is the ECR (Edge Connected Router) and is a compact design that includes one ethernet port and
one serial port.
Price Each Orbit NX900, Model # ECRU91NNNNNSISIUSUNNN............................................................................ $1,01S.00
COST(90 UNITS): .... . . . ...... . . . ....... . .......... . ... . .... . ......................... ...................... . ...... ...................... ...... $91,350.00
TOWER SITES - HARDWARE
GE MDS MPRU-R - MDS Master Station redundant with Orbit Unlicensed 902-928M Hz transceiver modules and dual
power supplies. The goal is to eliminate one unit at the Bloxom Tower by using a single Master Station as a "store and
forward" device that will send data to the East tower. The ability to communicate between the Bloxom and East tower
will need to be tested during the Initial RF Audit.
NOTE: In the event that the Blaurom Tower and East tower cannot communicate using the existing OMNI antenna, it
may be necessary to purchase an additional Master Station for Installation at the Bloxom tower.
Price Each MPRU-R - MDS Master Station redundant............................................................................................. $5,580.00
COST (5 UNITS, i at Bloxom tower, 2 at East, 2 at WWTP):......._...._................_...._......... _.......................... $32,900.00
Shipping Costs: Estimated Shipping Cost (not to exceed total amount).................................................................. $ 500.00
TOTAL HARDWARE COST: ... ...a........ ......................................... ..... .............. ......................... ..._........... ... $124,750.00
Clermont NX900 Upgrade Rev2.docx
PLANNING. CONFIGURATION AND INSTALLATION
BCI will provide technicians to perform a complete replacement of the existing EntraNET & iNET radio system. Pricing
includes labor, mileage & expenses, project management, training and allotted time for meetings.
PHASE ONE — Initial RF Audit and Planning
BCI Technologies will provide two (2) technicians on -site for one day to perform an Initial review of the existing radio/RF
infrastructure. The purpose of this audit will be to verify reachability to various sites, particularly those in outlying areas,
review RSSI/SNR signals at access points, and determine any requirements for store and fo►ward nodes. The initial system
audit is critical to ensure a successful and streamlined system replacement.
BCI will collect site locations from the City to create a Google map of ail Clermont's locations for route planning and
deployment of the Orbit network.
PHASE TWO —Configuration and Bench Testing
BCI Technologies will setup the Master Stations and Remote radios to perform bench testing of radio configurations and
verify proper functionality prior to installation. Configuration data will be saved and provided to the City for future radio
installations.
PHASE THREE — Radio Replacement
BCI Technologies will provide four (4) technicians for an initial two day period to perform the removal and replacement of
the existing obsolete radios and begin migration of the network to the new GE Orbit platform. As each radio is brought
online, communication will be verified until all sites are converted. All legacy hardware will be returned to the City of
Clermont.
PHASE FOUR —Training
BCI will provide a trainer for two 8-hour days to provide instruction on configuration and troubleshooting of the Orbit
remote radios and the Master Stations. lunch will be provided. Maximum of 8 students per class.
Cost of Radio Replacement Services:.»............
(Pricing includes travel time and mileage expenses.)
$52,780.00
NOTE: This proposal does not include any hardware items related to existing nfrastructure such as filters, antennas,
jumpers, grounding protection, etc. Existing RF infrastructure is assumed to be in good working condition. The Orbit
radios operate In the same frequency range as the existing equipment, and should not require replacement of antennas or
cables. BCI does not provide tower or antenna installation services.
Please see our Terms and Conditions for information regarding payments, change orders, taxes and material. We look
forward to working with you on this project. Please feel free to call or email if you have any questions.
Total price flor entire project; ................................ ........................................................ $177,530.00
Pricing is valid for 30 days from the date of this proposal. Thank you for the opportunity to provide you with this proposal,
and please feel free to call me at any time If you have any questions or require additional information.
Sincerely,
Michael J. Taylor
BCI Technologies
mike.tavlorO bdtech.com
407.847.8848 ext. 210
Clermont NX900 Upgrade Rev2.dooc