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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, 0 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, 0 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, 0 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, 0 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