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Home My WebLink AboutDocumentation_Regular_Tab 11_10/13/2011 � VILLAGE OF TEQUESTA AGENDA ITEM TRANSMITTAL FORM 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Regular Ordinance #: Click here to enter text. October 13, 2011 Consent Agenda: Yes Resolution #: Click here to enter text. Originating Department: Manager 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) 1. Per Village Ordinance we are presenting: Xerox WorkCentre 7500 Printer 36 Month Lease Agreement-Public Works; Molly's Trolleys Hourly Rate Contract for Harvest Fest; Engenuity Group GIS Services Proposal, VOT & FDOT Landscape Maintenance Commitment, SimplexGrinnell Proposal and Service Agreement to repair Village Hall fire system main drain, VOT & Mainline Supply of Florida, LLC Services Agreement for Water Meters and Meter Reading Supplies and Florida Highway Safety and Motor Vehicles Memorandum of Understanding Drivers License and/or Motor Vehicle Record Data Exchan e.. 3. BUDGET / FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: Amount Remaining after item: N/A N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) 1. Per Village Ordinance we are presenting: Xerox WorkCentre 7500 Printer 36 Month Lease Agreement-Public Works; Molly's Trolleys Hourly Rate Contract for Harvest Fest; Engenuity Group GIS Services Proposal, VOT & FDOT Landscape Maintenance Commitment, SimplexGrinnell Proposal and Service Agreement to repair Village Hall fire system main drain, VOT & Mainline Supply of Florida, LLC Services Agreement for Water Meters and Meter Reading Supplies and and Florida Highway Safety and Motor Vehicles Memorandum of Understanding Drivers License and/or Motor Vehicle Record Data Exchan e. 5. APPROVALS: Dept. Head: Finance Director: ❑ Reviewed for Financial Sufficiency � No Financial Impact Attorney: (for legal sufficiency) Yes ❑ No ❑ Village Manager: �-- � ^-- • SUBMIT FOR COUNCIL DISCUSSION: � • APPROVEITEM: ❑ • DENY ITEM: � Form amended 08/26/08 r � v i - r � MEMORANDUM � � 4 a � ` � { � Village of Tequesta " � Administration TO: Village Council FROM: Michael Couzzo, Village Manager DATE: October 13, 2011 SUBJECT: Presentation of Agreement, Contracts, etc. I respectfully present the following agreements, proposal, commitment and memorandum of understanding to Council. 1. Xerox WorkCentre 7500 Printer 36 Month Lease Agreement-Public Works. 2. Molly's Trolleys Hourly Rate Contract for Harvest Fest. 3. Engenuity Group GIS Services Proposal. 4. VOT & FDOT Landscape Maintenance Commitment. 5. SimplexGrinnell Proposal and Service Agreement to repair Village Hall fire system main drain. 6. VOT & Mainline Supply of Florida, LLC Services Agreement for Water Meters and Meter Reading Supplies. 7. Florida Highway Safety and Motor Vehicles Memorandum of Understanding Drivers License and/or Motor Vehicle Record Data Exchange. Thank you. . . - . . - - - xerox �4 � � Customer: TEQUESTA VILLAGE PUBLIC WORKS BiI�To: TEQUESTA VILLAGE Install: TEQUESTA VILLAGE PUBLIC WORKS PUBLIC WORKS 136 Bridge Rd 136 Bridge Rd Jupiter, FL 33469-2714 Jupiter, FL 33469-2714 Tax ID#: . Negotiated Contract : 072533100 . . �� • � � �. • � -� -� ;,�; o-� I. ✓;i o:<f 1. W7535P (WC7535P PRINTER) i'`z :; - 3 Tray Module Lease Term: 36 months 9l26/2011 �':y -1 Line Fax Purchase Option: $0.00 � ;4 - Customer Ed F '� - Analyst Services ;; ;; . . , y � . . �� k~;, 1. W7535P $187.53 1: Meter 1 All Prints $0.0066 - Consumable Supplies Included for all prints ? '' 3 2: Meter 2 All Prints $0.0540 - Pricing Fixed for Term � �a Total $187.53 Minimum Payments (Excluding Applicable Taxes) �; . .._£ . ��..>. ., �� __ .� _�. _ . ._ .,.n,._._ 3...�.>..r 4' ..,.� ._ .. ,�,. ....��..e . m. .-..<.�. �`�,.< �. �, e.�. .,.,_ ..e..�. .s ..,.�`.�.:� ....�� .�:. .a.�. � � fo...,.usa.u.�. t�� P�es C.c��c�� p� � � C��Q� � �\� ��c�,n� . . -. . ; Customer acknowledges receipt oi the terms of ihis agreement Thank You fo� you� business! which consisis of 3 pages including this face page. This Agreement is proudly presented by Xerox and ��• � Signer: Michaei Couuo Phone: (561)768-0070 Robert Sewell Ora (954�{18�454 � � sUq� For information on your Xerox Account, go to � Signature: � Date: � � www.xerox.com/AccountManapement � � , ,��._„ _.�___ , � .� _..��_�..__. .. _ ._� . � ��.a __.��__.. �.,_.__ �__o_�y a e�._ ,,�w.�_, „�_�__�_�_ fv�._ ._� .w� _�� .,�..s WS M79270 0917/2011 10:49:08 Confidential - Copyrigh102008 XEROX CORPORATION, All rights reserved. Page 1 of 3 S Y . Tl � • xerox � Introductory Pricing You are receiving special IMroductory Pricing. Your Minimum Payment for Products ideMified in the Pricing Detail table below wip be adjusted during the Introductory Priang period as set forth in the Pricing Detail table, and will be differeM from the Minimum Payment during the balar►ce of �is AgreemeM. The Pricing Detail table iilustrates how the Minimum PaymeM arill be affected during the Introductory Pricirn� period. . . . ..• •.. . . . . . . .. Month 1 Month 2 Mor�h 3 Full Amount Product $187.53 $187.53 $187.53 $187.53 Total $187.53 $187.53 $187.53 $187.53 Introductory Pridng Detail br Each Applicable Item . • .. . - �� 1- 3 $187.53 �� Meter 1 All Prints $0.0014 - FuA Service MaiMa�ence Induded for a11 prints 2: Meter 2 All Pr�ts $0.�90 - Consumable Supplies cherge only WS M79270 07129/201106:36:2p Confidential - Copyright0 20� XEROX CORPORATION. All rights reserved. Page 2 oi 3 � � • xerox �'� Terms and Conditions INTRODUCTIONt 3. REwIIIOTE SERVICES. Cerlain models of EquipmeM are supported and serviced 1. NEG0TIATED CONTRACT. The Products are subject solely to the tertns in the using data that is auWmetically c�ected by Xerox hom tl�e Equipment via electronic Negotiated Contract iderMified on the face of this Agreement, and, for any option you transmission from the Equipment to a secure off-site location. Examples of have selected that is not addressed in Ihe Negotiated Contract, the then-current automatiqlly transmitted date include producl registration, meter read, supply level, standaM Xerox terms for such option. Equipment configuration and settings, soflware version, and problem/fa�t wde data. PRIdNG PLAPUOFFERING SELECTED: All such data shall be transmitted in a secure manner specified by Xerox. The 2. FIXED PRICING. If "Pricing Fixed for Tertn' is idenlifled in Maintenance Plan autamat� data transmissian capability will not allow Xerox to read, view or download Feamres, the maintenance component of the Minimum Payment and PriM Charges will fhe coMent oi arry Customer documeMs residing on or passing tlnough the Equipment not increase during the inidal Term of this Agreement. or Customer's intomiation managemeM systems. GENERAL TERM5 & COND(iIONS: WS M79270 W/2�201106:3620 Confidential - Copyrighl0 20� XEROX CORPORATION. All rigMs reserved. Page 3 of 3 ��: XEROX 0.04790 0.03376 0.02674 e . Numbw Msm Dasedptlon SRP off SRP VY/535P S 15,499.00 70.0000% 3TRAY 3 Tray odWe s 1,599.00 Totel Base Configuratian S 17,098.00 70.00OD% TNDMTRAY High Cap Taidem Tray S 1,999. 81.000096 GBK Hiph Cepecity Feeder $ 1,289. 81.000096 OFCFINRLX Office Finisher S 2,5�. 50.0000% PROFNLFN Professionel Finist� $ 4,995. 50.00009f. INTGDFN Integrated Offrce Fnisher S 999. 50.0000% FINLX-BM Booklel Maker Unit $ 1,1�. 50.000096 EFIPACK EFI Pmdudivity Pa�k $ 2,985. 25.000096 EFISPTKT EFI Spot On IGt $ 995. 25.0000°G EFISRVR EFI Flery NelwoAc Server 3 4,195. 25.00OOX EFISUITE EFI Sequence Suite a 4,000. 25.0000% �I EFITRPKT EFI Auto Trap Kit $ 995. 25.0000% EFIHFVP Hot Folders / Vktual Prmting Kit S 995. 25.0000% LINEIFAX Single Line Fex Kit $ 1,095. 61.000096 LINE2FAX Dual Lina FaK Kd S 7,399. 61.0000% SCN2PR025 Sean W PC Desldap PRO 25 Seats $ 4,399. 61.0000% SCN2SE25 Scan to PC Oesktop 25 Seals $ 1,195. 61.0000% SA1-HID Sewre Access s/w w/ HID 125KFtr Reader S 695. 25.0000% SA1-INDAL Sacure Access USB wRh INDALA $ 695. 25.00OD°.6 SA1 �AAG Secwe Access s!w wl Map SVipe Reader $ 595. 25.�00096 SA1-AAIFAR Secure Axess elw wl AAiFa2 Reader $ 695. 25.000096 STAPLERKT Comenience fepler Wilh Work Surfaee $ 299. 25.00009i UNICODE Unicode Kit S 299. 25.00009G %ASSISTS Xerox Copier Assistant ; 495. 25.00009i YRC Foreign Irrterfece fGt S 175. 25.0000% CACENBLE7 Common Access Card Reader S 199. 25.0000% ENVLPTRY Envebp Tray $ 349. 25.0000% FINLX�HP 2!3-Hole P�mch $ 795. 25.000096 CACRDRKT Card Reader E 799.00 25.000096 Make: Toshiba a �• Number Item D�cription SRP off SRP �STUD103540C o or pier $ 18,339.00 74.4000% MR3022 RADF for e-STUDI03540C/4540C $ 1,595.00 84.7000% $ 244.00 . .. n - � �. .: - .. G . - _ � _ . . _ . ��- .- _ �, _ _ _ KD1027 550 Sheet Paper Feed Pedestal � �$ 980.00 73.0000% MY1035 550 Sheet Drawerfor KD1027 $ 550.� 72.9000% KD1028 2500 Sheet Large Capacity Feeder $ 1,225.00 73.0000°k KK3511 Work Tray $ 52.00 51.90% � '�- - ' � � � ---- -- - , . i` �. ,_ - - ,,: . , _ ... ...� ,� - �� , i MJ1031 Hanging Finisher $ 1,525.00 70.00% ��, MJ7101 Finisher - Console Finisher w/ Stapling $ 2,175.00 70.00% �� ` �l MJ1106 Finisher- Multiposition with Saddle Stitch $ 3,395.00 70.0000% Bridge Kit (Required with MJ1031, MJ1101 KN4530 or MJ1106) $ 265.00 69.800096 MJ6103 Hole Punch (For MJ1101 and MJ1106) $ 850.00 70.0000% GAl211 EX EFI Cor�troller $ 4,299.00 54.00% r-� . -, - -- -- - � -_ - - _ _ - - --_ - - , . .. _ . -� � - °� - - .� ��,. . � � . .� . . � � __ � � �_� . �. . � ,-� ,�=t ; _.:`. � �"r - - ' - �l� 4. GD1250NX Fax Board $ 1,025.00 56.50% GD1260 2nd Line Fax for GD1250 $ 620.00 56.50% �: �—��^•�--�- : - - - _� - a��= - � _ _ - _-- Data Overwrite Enable� included in Base Unit �� - - KA3511 Platen Cover $ 50.00 44.00% Stand4520 Stand $ 215.00 45.10°� GC1230 512MB Module Memory Module $ 395.00 45.10% GN1060 Wireless 80211G $ 599.00 45.1000% � GN2010 Bluetooth MOD (Requires GN3010) $ 325.00 44.9000% GN3010 Antenna $ 140.00 45.0�0% Molly's Trollevs HOURLY RATE CONTRACT 9 �.� �� of West Palm Beach � Date Requested Saturday, November 19, 2011 � 2625 Mercer Avenue West Palm Beach, FL 33401 � Hours Requested 12pm to 8pm i Ph: (561) 838-9511 '-------------------------- - Fax: (561) 838-9512 "Hours Requested"tncludesgarage togarage trme. .....---•-• .........................................•--------.................. Client Information Client Number: CE -10080 Today's Date: 3/8/2011 ............................................................................... Village of Tequesta Cell Phone: Mr. Michael Couzzo Home Phone: 399 Seabrook Road Work Phone: () 575-6247 Tequesta, FL 33469 Fax Number: () 575-7307 -----•--=---------------------------------------------------------------------- Service Description: Event Shuttling (Each trolley seats avg. 25) --�-•-• ........................................................................ Scheduled Itinerarv: Hourly Rate: $115.00 12-12:25pm- 3 Trolleys travel from WPB to Tequesta 12:25pm- 3 Trolleys arrive @ Stage Location - Check In # of Hours: S 12:30pm- Lead Drivex to call contact and review work Cost per Trolley: $920.00 1230-7:30pm- 3 Trolleys Shuttle as directed (Event run 1-7pm # of Trolleys: 3 7:30pm - Lead Driver Checks in w/ coordinator 7:35-8pm - Trolleys retum to WPB Subtotal: $2,760.00 ....................... Hrs: 12pm-8pm=8 hrs=$920/trollep*3=$2,760 Total - All Incl Added Expense: $0.00 *We used 2010-2011 Shuttle Rates as a discount(AppYOx 5%) **2 Trolleys are Half-Open/Ha1f-Enclosed. 1 will be Enclosed. Less Discount: $0.00 No deposit necessary. We will bill in full. ---------------------- The Fine Print Esrimated Total Due: $2,760.00 ............................................................................... De�osit Rec�uested: Please remit due to xeserve youx event. Cancellation Policv: In the event contracted service is not requi.ted the customer is responsible for a$250 cancellation fee (per trolley) provided written notice is given 45 business days before Event Date. If < than 45 business days written notice is given, customer is responsible for Half of Estimated Total Due (per trolley). If < than 14 business days written notice customer responsible for 2/3rds of Est Total Due (per trolley). If <than 3 days written notice, payment due in full. Additional Charges Polic� Customer acknowledges that contract is based upon a contracted time frame. On the day of the event, if your actual service extends beyond the scheduled itinerary and the appropriate IVlolly's Trolleys representative has been contacted, the customer will be responsible for additional charges to acrue begining one hour aftex the original time agreed upon . If customer does not contact oux representative to adjust the retum time, the customer is responsible for additional charges begining immediately after the contracted return time. Additional charges are detemuned on 1/2 hour . , Promise to Consumer: l�Iolly's Trolleys maintains our vehicles on a strict schedule in accordance with manufactuxer's specifications, and we expect them to operate smoothly for every event. However, should contracted senrice be interrupted due to an unforseen mechanical failure, an 11ct of God, or any other reason, Molly's Trolleys will provide a similar vehicle or bus to complete the scheduled itinerary. I accept the above rtems. Village of Tequesta Molly's Trolleys of West Palm Beach X �- ------------------ ------------------ By: Mr. Michael Couzzo By: Kerri Gould, Director of Sales -_� J� AHigherSlundardoiE:ccellence eq ' .. ri�l�fi= I"<=�.'{;iir.ia_ P j ,1 .:.. �. � ��(^�, `s� L�`�;��I� .. ' `r <.� �� r�u� IPIC. KLiTH _ I�.��;:pF, °,_, `*':i � _ _ ' Lfti i �. Tr:� �._. £� c, �=��re;5 �C;.`.E'��; _ ��IC �iSF= ... i:�� ; ry� = September 15, 2011 :� . �� Mr. Russell K. White ' �' Village ofi Tequesta � Water Utilities Department �; ;a; 136 Bridge Rd ;I Tequesta, FL 33469 ,, Sent Via E-Mail: rwhiteCtequesta.org � .,� ; ,_ �� i I; � Re: Proposal for Professional GIS Services �= 1 Tequesta - Key West �Ilage �=` Engenuity Group Project No. 11298.01 � ;:_ i�;l �: ;� . �� l : Dear Mr. White: �� '`� Engenuity Group, Inc. is pleased to present you with this proposal to �E ;i = �;; provide GIS services for the subject project. i ..; �`� Engenuity Group will prepare a GIS coverage for the storm system within Key West Village, as shown on the as-built plans by Weyant and � Associates dated April 17, 1990. >.� ; `--` The deliverable will be an ArcView shape file, a Googls Earth KMZ file, and - one hard copy (color print), which will be provided within 5 days of receiving the proposal authorization. r�, �' Total Cost $750.00 Additional work may be performed on an as needed basis per Engenuity Group, Inc. Discounted Rate Schedule. 201 1 9-15 Proposal Project No. 1 1298.OT Page 1 of 3 i-� :2:�i o� � . :Ei?E 2C'�G :`.��. . �_._ ._�i_ =L _r- : I 5 � 7.- '� - - 'r ��it.�i?.,�,�' .,.. .=,__i!J I'i�;':C��;s �� q, Permit Fees, Rearoduct�on Charces aneJ Reirrtbursable Fxpenses The Total Contract Price does not include the payment of any governmental agency submitfial or processing fees. The cost of these fees and any costs incurred by the office for printing, reproduction and other reimbursable expenses such as long distance telephone calls, facsimile, postage, travel, and document copy charges will be billed to the client monthly. Invoicing and Pavment Work will be invoiced on a monthly basis for work completed to date. Invoice shall be paid in full by the client within thirty (30) days of the invoice date, unless within such thirty {30) day period, client notifies Engenuifiy Group, Inc. in writing ofi its objection to the amount of said invoice. Such notice shall be accompanied by payment of any undisputed porfion of said invoice. If written objecfion is not received within thirty (30) days it shall constitute approval of invoice by client. If the payment is not received within thirty �30) days of billing date, a late � charge wilf be added to the invoice in the amount of 1'/� pereent per month on the outstanding balance. If payment is not received within sixfy (b0) days of the invoice date, work may be suspended on the project until the outstanding invoice(s} are paid in ful'I. If this proposal is acceptable please execute fhe attached authorization and return it to us. If you have any questions, please do not hesitate to call. Sincerely, Approved by, .-� � , ,. r' 7 r� -, �,-t.�,�-� �'' � r��.� : �- -= �;��`' � �'�iry Rayman C. Andre Rayman, P.S.M., G.I.S.P. Vice President President 2011 9-15 Proposal Project No. 11298.01 Page 2 of 3 Authorization: Proposal for Professional Surveying Services Tequesta - Key West �Ilage Engenuity Group Project No. 11298.�1 Proposal Dcte: September 15, 2Qi 1 By: � G hGt � �- p u �..�� Date: � � � ` � / (IVame s� Title) �✓�,�,� G� jV1Q�.�q Q/� r 6 �� Signature: , Foc e G( z°_ me of Compa ) Contract Amounf: $750.00 I am 1� I arn not The Owner of fhe Property The Property Owner Is: /�� e�� l�� Cr C� �/� u�� . Address: � �� .� r`,� e S �� / � � .� �� L �� Telephone: �� "' �� " � �� F�: ��- 7�� -C��`� � 2011 9-15 Proposal Project No. 11298.Oi Page 3 of 3 VILLAGE OF TEQUESTA �� VILLAGE OF TEQUESTA LANDSCAPE MAINTENANCE COMMITMENT This letter conf'irtns a commitment by the Village of Tequesta, Florida (the "Village") to maintain landscape materials to be furnished and installed by the Florida Department of Transportation ("FDOT"), within the medians of Florida State Road 5, for FDOT project FM # 427023-1-52-01 (the "Project"). The limits of the Project are from the Palm Beach County - Martin County Line (MP 0.00) to the pavement seam located 5.03 miles to the north (MP 5.03). Within the Project, the Village's commitment extends only from MP 0.00 northerly for a distance of .664 miles (MP .664). This Landscape Maintenance Commitment is for the benefit of FDOT in consideration of FDOT concentrating the landscape materials for the Project at the southern end of the Project between MP 0.0 and MP .664 and thereby creating a "gateway" landscaped area for the northern entrance to the Village. The Village's commitment is contingent upon its review and acceptance of the Design Plans and Final Construction Documents prior to the Project's Final Engineering Phase Submittal. The Design Plans and Final Construction Documents for the Project, including the median landscape materials, will conform to FDOT standards and specifications. The Village's commitment is also contingent upon the receipt of community support as determined by the Village Council. 345 Tequesta Drive, Tequesta, FL 33469 561-768-0700/Fax:561-768-0693 www.tequesta.or� VILLAGE OF TEQUESTA Upon the review and acceptance of the Design Plans and Final Construction Documents by the Village, and the receipt of community support as determined by the Village Council, a District IV Landscape Maintenance Agreement will be formalized between FDOT and the Village no later than four months prior to the Project's Production Complete Phase, which is scheduled for November of 2012. Village of Tequesta (Print) Date Signature Title Fernando Morales, P.E. FDOT Project Manager (Print) Date Signature Title 345 Tequesta Drive, Tequesta, FL 33469 561-768-0700/ Fas: 561-768-0693 www.tequesta.org �ian�0��ri��// ��, �� SimplexGrinnell 1830 Park Lane Sou[h Jupiter, FL 33458 Tel:561-277-414� Fax:561-7477307 www simnlexerinnell.com PROPOSAL AND SERVICE AGREEMENT SimplexGrinnell Contract# Salesperson: Jessica Montoya Date: September 26, 2011 262-JM-92611-6 License No. Customer: Tequesta Village Hall Job Loca6on: 345 Tequesta Drive Tequesta, FL 33469 Invoice To {if differe�t iram Customer): Customer P.O. # SimplexGrinneli LP ("Company"), for and in consideration of the prices herein named, proposes to furnish the work, andlor materials hereinafter described, subject to the terms and condiGons of this Agreement. This quote reflects deficiencies identified by our inspector, Scott M., during the recent inspection SR# 20342008. Scope: Upon the sprinkler inspection, inspector found that the main drain has been leaking for a long time and need to be repaired. The quote includes the material and labor to replace the deficient devices listed above. Any additional work needed shall be quote separately. Note: In the event that any additional equipment or other work is needed to perform any of the repairs listed above, this additional work will be quoted separately. Exclusions: This Proposal excludes patching, painting, providing or installing access panels, replacement of missing or damaged ceiling tiles, damage caused by water or improperly pitched Fire 5prinkler piping, night or weekend work, additional alarm work or alarm wiring (unless specifically addressed in this quotation), 120 volt wiring or Fire Watch. This Proposal also excludes repair or replacement of any existing Fire Sprinkler components in need of repair or leaking including fittings, valves or piping not already includetl in this quotation. If such components are found in need of repair or replacement SG will need written authorization to make such repair. This proposal does not include Prevailing Wages in support of federal DBA wage tletermination. (This Quote is valid for 30 days.) Please sign and return io us and we will process your order. Tax Not Inclutled. Scope of Work continued on attached Amendment. Payment NEf 10 ❑ NET 30 ❑ C.O.D. ❑ DEPOSIT: $ T ime and Material ❑ Price Not t� Exceed $ Fixed Price of $428.50 BALANCE DUE: CUSTOMERACCEPTANCE In accepting this Agreement, Customer agrees to the terms and contlitions contained herein including fhose on the following page(s) of this Agreement and any attachmenls or riders attached hereto that contain additio�al terms and condiGons. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Any changes in the system requested by the Customer after the execution of this Agreement shall be paid for by the Cuslomer and such changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNI7Y AND OTHER CONDITIONS CONTAINED IN THIS AGREEMEN7. This offer shall be void if not accepted in writing within thirty (30) days from the date first set forth above. 51MPLEXGRINNELL LP Customer t By: �� ~ `�-��", By: Name: Name: Jessica Montoya Title: Title: Service Integrity Rep License No: (if applicable): SG4269 (Rev. 10I0B) Page 1 p20o6-8 SimplexGrinnell IP. All rights reserved ° • � .. . s AGREEMENT FOR SERVtCES BETWEEN VILLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT AND MAfNLiNE SUPPLY �F FLORFDA, LLC WATER METERS APID METER READiP1G SUPPLiES RFP# 09P-018 THIS AGREEMENT is made this 14 day of ,M�a �, 2009, by and between VILLAGE GENTER COMMUNITY DEVELOPMENT DISTRfCT (hereafter referred to as "Qistrict"), whose address is 3201 Wedgewood Lane, The Viilages, Fiorida 32162, and MAINLIIVE SUPPLY OF FLORIDA, LLC (hereafter referred to as "Contractor"), whose address is 2291 W Airport Blvd , Sanford, Flarida 32777 The District and the Contractor, in consideration of the mutual covenants, promises and agreements herein contained, agree as follows: 1. SERVtCES BY CONTRACTOR A. Contractor, for and in consideration of the payments hereinafter specified and agreed to be made by District, hereby covenants and agrees to furnish and deliver alf rnaterials, to do and pertorm a�l the wark and labor required fo be furnished and delivered #or The Purchase of Water Meters and Meter Reading Accessories, Request for Proposals (RFP) # 09P-048, hereinafter referred to as RFP Specifications and other contract documents, as defined in said RFP, and all other related documents cited in the above stated RFP are hereby made part of this Agreement as fully and with the same effect as i# the same has been set forth at fength in the body of this Agreement. B. Contractor shall comply with afl applicable governmental statutes, rules, regulations and orders and any amendments and modifications thereto 11. PAYMENT In consideration of the services provided by the Contractor pursuant to this Agreement, District agrees to pay to Contractor the unit prices submitted by Contractor (See Exhibit "A") in response to RFP # 09P-018 Meter prlcing shafl be held without increase through September 30, 2012 Subsequent annual increases will be calculated by applying the percentage change of the consurner price index or five (5) percent, whichever is lower The change in the consumer price index will be calculated by taking the percentage change in the Consumer Price Index- All Urban Consumers, U S. City Average, All Items, Base Period 1982- 1984=100 (Series ID: CUUROOOOSAO), Not Seasonally Adjusted, forthe months June to June, as published by the U S Department of Labor, Bureau of Labor Statistics. !n the event of a change in the index, by the Bureau of Labor Statistics, the succeeding index as identifed by the Bureau of Labor Statistics shall be used Each adjus#ment shall be in effect for the infervening one year period, beginning October 1 of each year Payment by ihe District will made no later than forty-five (45) days after a proper invoice has been received by the District per the "Local Government Prompt Payment Act", Florida Sfatutes, Chapter 218, Parf Vlf. if payment is not made by the Oistrict to the Contractor within forty-five (45) days, Contractor may assess a late charge for the lesser ot 1 5% per month, or the maximum rafe permitted by law Invoices shall be delivered to; Page 1 of 6 Village Center Community Development District Attn: Diane Tucker 1894 Laurel Manor Drive The Vil{ages, Florida 32162 UI. OTHER PURCHASES Contractor agrees to supply all other materials not speciflcally identified in RFP # 09P-018 as may be requested by the District from time to time. The following terms and conditions shall apply: A. Disfricf agrees to pay to the Contractor market cost plus twelve percent (12%} for all warehouse stocked materiaL List of items designated as stocked materials may be revrsed from time fo time _ as may be required based on the needs of the District. Freight for all warehouse stacked materials shall be F O B. destination District shall not be responsibfe for freight/shipping charges for any warehouse stocked item B. District agrees to pay to the Contractor market cost plus nineteen percent (19%) for all non- stocked, specia! order materials Freight charges will apply tv non-stocked material. C. Contractor agrees to consider non-stocked material as warehause stocked material if District orders more than the manufac#urer's (freight allowed} shipping requirements and commits to purchase the freighf allowed inventory during the term of the Agreement. D. Contractor account manager or designated personnel shall be available to District or DistricYs subcontractor(s) at afl times. E. Contractor shall schedule quarterly reviews with District personnel regarding Service, Billing, Deliveries, Stocking Levels and Training. F, District agrees to purchase ftom Contractor all materials that Contractor is authorized to sell in the water industry while this Agreement is in effect District reserves the right to purchase those i#ems not available from the Contractor, or those items which Contractor cannot provide in a timely manner, from any other provider deemed appropriate by the Dis#rict This paragraph shatl not apply to any other utility, public or private, unless agreed to in writing between the Contractor and the third-party utility N. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire Cnntract between District and Contractor and which are made part hereo# by this reference, consist of the foifowing: A. Request for Proposal B. Ir�tructlons, Terms, and Conditions C, Proposal Forms D. Bidder's Certification E. General Terms and Conditions F. Drug Free Workptace Certificate G. Scope of Work / Specifications H. Permits / Licenses I. All Addenda issued Prior to RFP Opening Date J. All Modlfrcations and Change Orders Issued K., Notice of Award / Notice to Proceed Page 2 of 6 ' , y V. TERM The tern� of thi� Agreement witf begin May 15, 2009 fhrough Septeml�er 30, 2D14, with the option to renew far five (5) successive one (1) year periods upon writfen mutual consent of the parfies VI. INSURANCE L. Business Auto Liability Contractor shall maintain Business Auto Liability with a minimum combined single limit of $500,OOQ per occurrence #or bodify injury and properly damage. This is to inciude owned, hired and non-owned autos. M. Worker's Compensation. Contractor shall provide the District with proof that it is fully insured for Worker's Compensation as required by the Sfate of Florida for Contractor's employees N. G�nerat Liabiiity. Contractar sha�i maintain Rubiic Liability Insurance in ti�e singie ever�t limit of �1,040,000.00 or greater showing the Distriet as an additional insured Proof of coverage shall be provided to the District prior to commencement of work O. All insurance policies shaA be written on companies authorized to do business in the State of Florida and satisfactory to District Prior to commencing services pursuan# to this agreement, the Contractor shall fumish to District certificates of insurance showing the required coverage has been procured and paid for in advance Within thirty (30) days prior to expiration, the Contractors shap provide the District with proof that requ'rred coverage has been extended The District and any other govemmental agencies using this agreement in cooperation with the District shafl be a named additional insured on Pubfic Liability Insurance VII, TERMINATION A The pertormance of work under this Contract may be terminated by District in accordance with this clause in whole or from time to time in part, whenever District determines that Contractor is in default of the terms of this Agreement A�y such termination shall be efFected by delivery to Contractor a Notice of Termination specifying the extent to whlch perfQrmance or vvork under the contract is terminated, and the date the termination becomes efFective B After receipt of a Notice of Termination, and except as otherwise directed, Contractor shall: 1 Stop wor{c under this Agreement on fhe date and ta the extent specified in the Notice of Termination 2 Place no further orders or subcontract for materials, services, or facilities except as may be necessary for complebon of such portions af work under this Contract 3. Temtinate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination 4 Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts, and request the approval or ratification by the District to the extent Contractor may require, which approval or rafrfication shal! be final for all purposes of this clause 5 Continue to perForm under the terms of the Contract as to tha# portion of the work not terminated by the Notice of Termination Page 3 of 6 C After receipt of a Notice of Termination, Contractor shall submit to Distnct Co�tractor's termination cfaim in satisfactory form Such claim shall be submitted promptly, but in no event later than one month €rom the effective date of termination unless one or more extensions in writing are granted by District No claim will be allowed for any expense incurred by Contractor to after the receipt of the Natice of Termination and Contractor sha]I be deemed to waive any right to any furtF�er compensetion. D. Contractor and District may agree upon the whole or any part of the amount or amounts to be paid tn Contractor by reason of the total or partiaf termination of wark pursuant to this c(ause, provided that such agreed amount or amounts, exclusive of seftlement costs shall nat exceed the total Contract price as reduced by the expenditures necessary to complete the job covered by this Contract E The District may, for any reason, terminate performanoe under this Agreement by the Contractor for convenience upon sixty (60) days written notice F. The Cor.ractar may, for any reason, terminate this a�ree�nent upon sixty (60) days written notice to the Disfrict VIII. OTHER MATTERS A. Contractor shalf not utilize, nor store, any drums ot material exceeding 5-ga(lon containers on any of the District's property B. Contractor shall maintain complete and current Material Safety Data Shests on premises for inspection andlor use at all times, and furnish updated documentation to the DistricYs Hurnan Resources Department; however, the Contractor acknowledges that the District shall have no responsibifit5r for making any disclosures to Contractor's employees or agents C. The obl'rgations of the Contractors under this agreement may not be delegated without the prior written consent of the Disfrict The District may freely assign this Agreement to any entity acquiring the real estate which is subject to this Agreement D. ln the event of default by any party to this Agreement, the prevailing party shall be entitled to recover from the defaulting party, all costs and expenses, including a reasonable attomsy's fee, whether suit be instituted or nof, and at the trial court and appelfate court level incurred by the prevailing party enforcing its right hereunder. The venue for the enfarcement, construction or interpretation af this agreement, shall be the County or Circuit Court for Sumter County, Florida, and Contractor does hereby specifically wai�e any "venue privilege" andlor "diversity of citizenship privilege" which it has now, or may have in the future, in connection with the agreement, or its duties, ob(igations, or responsibilities or rights hereunder. E. Contractor daes hereby speciflca8y promise and agree to "hold harmless", defend and indemnify the District and the agents, servants, employees, officers, and officials thereof from and against any and all liability or responsibifity for damage to property or person that may arise in connection with the services to be provided hereunder, including reasonable attorney fees and expenses F. Contractor shall not be construed to be the agent, servant or employee of the District or af any elected or appointed officiaf thereof, for any purpose whatsoever, and further Cantractor shal! have no express or implied authority of any kind or nature whatsoever, to incur any liability, either in contract or on a tort, as the agent, servanf or employee of the District Page 4 of 6 G. These Contract Documents constitute the entire �nderstandng and Contract between the Parties and supersedes any and all written and oral representations, statements, negotiations, or contracts previously existing between the Parties with respect to the subjecf matters of this Contract. The Contractor recognizes that any represenfations, statements, or negotiations made by District sfafF do not suffice to legafly bind the Districi in a contractual relationshlp unless they have been reduced to writing and signed by an authorized District representative This Contract shall inure to the benefit of and be binding upon the Parties, their respective assigns, and successorsininterest. H. No amendment to this Agreement shall be effective except those agreed to in writing and signed by both of the parties to this Agreement 1. Time is of the essence in the performance of this Contract The Contractor specifically agrees that it will commence operations ort the date specified in the Notice to Proceed and that all work Eo be performed under the provisions of this Contract shatl be done according to specifications, subject only to delays caused through no fault of the Contractor IX. CONTRACTOR'S REPRESENTATIONS Contractor makes the following representations: A. Contractor has familiarized itself with the nature and extent of the Contract documents, work, locality, and all local conditions, and federal, state, anci local laws, ordinances, rules, and regulaflons fhat in any manner may a#Fect cost, progress, or performance of wark. B. Contcactor declares that it has informed itself fully in regard to all conditions pertaining to the Agreement and that it has examined the plans for the work and other Contract Documents relative thereto and has read all the addenda furnished prior to the bid, and that Contractor has satisfied itseff rela#ive fo the work to be performed. C. Contractor has investigated and is fully informed af the conditions, of obstructions to be encountered, of the character, quality and quantities of work to be performed, materials to be turnished, and requirements of the plans and other Contract Documents. D. Contractor has given the District written notice of all conflicts, errors, or discrepancies that he has discovered in fhe Canfract Documents E. Contractor declares that submission of a proposal for the work constitutes an incontrovertible representation that the Contractor has complied with every requirement of this Section, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of work F. Equal Opportunity: Contractor assures that no person shall be discriminated against on ihe grounds of race, color, creed, national origin, handicap, age or sex, in any activity under this Contract G. Public Entity Crimes: !n accordance with Section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list fioflowing a conviction for a public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on teases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Ca#egory Two for a period of 36 months from the date af being placed on the convicted vendor list Page 5 of 6 H. Cantractor specifical)y agrees to extend the terms and conditions of this Agreement to any other utility, public ar private, at the request of the District. All other utilities, public or private, must provide a written request directly to the Contracfor Such requests may be approved or der�ied at the Contractor's discretion. IN 1NlTNESS WHEREOF, said District has caused this contract ta b� executed in its name by the Chairman oF the VlLLAGE CENTER COMMUNITY DEVELOPMENT DISTRICT, attested by the clerk of said Oistrict, and MAINLINE SUPPLY �F FLORIDA, LLC has caused this Agreement to be executed in its name by its authorized repres�n#ative, attested to and has caused the seal of said corporation to be hereto attached (if applicabfe), ail on the day end year writfen above VILLAGE CENTER COMMUNITY MAIIdLINE Sl1PPLY OF FLORIDA, LLC DEVE� ISTR 9 / By: � .` . - - g 4 - �� '1�` �� f' �- ,r�t �C � �1 �:i `2 Print Print Name ' � �. �� o � �� c�.��' Print Title Print Titl � �� / \ ' � �� ate Date � es Attest Page 6 �f 6 r � � � _ � �-�, � Wat� Msters & Accessories RFP # 09P-018 PROPOSAL FORM _°c s.�- - - - , � �- �� - : � _ � ��, _ ,$ �.�. Size Type Color Connection Est.. Annual . Unit Price Quanti 5/8° x 3/4° Multi-Jet Reuse Purple Threaded 10o4 No-Bi 3/4' x 3/4° Multi-Jet Reuse Parple Threaded 1500 1" Multi-Jet Reuse Purple Threaded 5 5/8' x 3/4` Positive Displacement Reuse Purple Threaded 1000 7 r 0 0 - 3/4" x 3/4" Positive DisPiacement Reuse Purple Threaded 1500 4, 1' Positive Displacement Reuse Purple Threaded 5 518" x 3/4" Positive Displacement Standard Threaded 45(� 3/4' x 3/4° Positive Displacement Standard Threaded 100 p 1" Posittve Displacemerrt Standard Threaded 50 1-1/2' Turbine Standard F(anged 20 3 4 5. 2° Turbine Standard Flanged 10 425.0 3° Turbine Standard Flanged 3 gl , 4" Turbine Standard Flanged 3 1 315.0 6" Turb+ne Standard Flan9ed 2 2 4 5 0. 0 0 8" Turbine Standard Flanged 1 3 3 00 • .. . METER.I�EADIIVG ,ti4EGESS��IES . ' . ,. '`"�," � - ° r - - - - . .;. . -.: . . : _ Aescription Unit Price Hant!-held electronic meter reading and data storage device (5ensus AR 5001 or equivalent} including communication ! charging stand Z Hand-held Dsvice Replacement Baftery 5. 0 VersaPro4e VP-4T with 22" -42° Wand 0. 0 VersaProbe Battery Charger, 115V ' 8 7. 5 0 VersaProbe Cable to Hand-held (spec�c to hand-held device P�Po�� VersaProt�e Replacement Battery Water Metec Tesf Kit - -�. .� �.: ,, - �:��s��` �� ' � � ,��'��```k }� � �� .- r ;a " ^� � ' - s.� . n- .r- ,-'s?>.— -..i'.�'l`.... .. .ak�`a�..... Delivery Time (reported in days from the time the vendorrreceives Stock �to 14 days Districf's Purchase Order). Freight shaR be F.O.B. Destination. Please indlcate any additional condftions, pricing, fees or charges which may affect this proposal. Use additional sheet if applieable. None Wiil yeur fum be able to provide a lacal representative (within 60 mile radius) for wananty, technical support and service issues on an Yes / Orlandv r^1 emergency or "as needed" basis? Where is service available? Does your �rm accept VISA as a form of payment? Yes Invoice Payment Terms Net 3 0 �1lage Community Development Disfrrcis Page 19 of 41 Purchasing Department E ��"�� ccA�i , � � r . ' r�...._ � � �#.;..� � WaterMefars & AccessoNes RFP # 09P-018 PROPOSAL FORM CONTlNUED Notes: '{.. iNulti jet meters shall be Sensus PMM or equivalent, Positive Displacement meters shall be Sensus SR It or aquivalent, artd Turbine meters shatl be Sensus Series W or equivalent. 2.. All registers shall be an Electronic Commun[cations Ftegister with a Touch Read ! Pit Ud and 6-foot Wire_ 3., Register with TRlPL and wire shal! be included in the meter unit price, 4. MEters selected for reuse application will be either multi-jet or positive displacement, Both reuse meter types wi{1 not be selected_ 5. All turbine meters shall be equipped with a stainless steel straine�. 6. 3!4" x 3/4" meters shall have a 7-112 inch laying length. 7, Pricing provided on Proposal Form shalt be for new materials in first class candition and futly waRanted by supplier. 8.. Quantittes given represent the best estimate for use� However, these quantities are not fntended to represe�t actual requirements and does not guarantee such as a minimum purchase. Furthermore, the requirements of ti�e District may exceed such quantities and fhe vendor shali provide for such requirements. The undersigned, as �rt�poser, he�aby declares thaf he/she has infarmed hrmseifJherself fuily in regard to alJ condifrons to fhe work to 6e done, and thaf he/she has examined fhe RFP and Specifrcations for the work and comments hereto atfached 71�e Vendor proposes and agrees, if this proposa! is accepfed, to contract with the Viliage Center Community Deve/opment District to fumish aN necessary maferials, equipment, machinery, tools, apparatus, means of transportation, labor and service necessary to complete the work covered hy fhe RFP and Contract Documents for fhis Projeet The Proposer ag�es to accept in futl compensation for each item the pricas named in the schedules incorporated hereih Proposer agrees to supply the products or services af the prrces propased above fn accordance wlfh the terms, conditions and speci�cations confained in this RFP AU price information to be used in the proposal evaluation must be on this paga Keith M. Jones / Munici al Sales Februa 04, 2009 Authorized Agent Name ! Title Authorized Signature 1 Date Thrs docurrrent must be completed and returned w)th your Submittal Village Community Development Districts Page 20 of 4i Purchasing Departmenf �...� PURCHASE ORDER VILLAGE OF TEQUESTA � �� `�fl!�'<i��l 345 Tequesta Drive . , , . - � - . Tequesta, Florida 33469-0273 P.o. Nunnaert ' , (561) 768-0700 Fax (561) 768-0699 �s�osr2ot� ts��i2bt�1 000a2�aa � VENDOR 3478 NO.: �•- • Mi41�YLfNE S11Pl�LYC�R3l�AN1( PU.BLI� V11G�RkfS D�Pi4�iT-MENT 119i�{? S�M.:ROP�R f7R�U� V#tLAGE OF TEQIJE�TA ` CHAF�Lt}TT"E, NC 28269 ' 136 €3Ft1DGE ROAD tE4UES7i4, FL 3346� SHIP VIA: ORDERED BY: RUSSELL WHITE F.O.B.: P.O. TYPE: Regular TERMS: ACCT. NO.: DESCRIPTION: WATER METERS FL STATE SALES TAX EXEMP. CERT. # 85-8012646452C•5 � � •. . • . • ` • 90.000 3/4 INCH WATER METER 92.0000 8,280.00 20.000 1 INCH WATER METER 122.0000 2,440.00 4.000 2 INCH WATER METER 425.00QQ 1,700.00 TOTAL: $ 12,420.00 401-411-552.601 Meters, Valves 8 Hydrants 8,280.00 401-411-552.601 Meters, Valves 8 Hydrants 2,440.00 401-411-552.601 Meters, Valves & Hydrants 1,700.00 PURCHASE ORDER NUMBER MUST APPEAR APPROVED ON ALL INVOICES, PACKAGES, AND � SHIPPING DOCUMENTS. DELIVERIES WILL BE ACCEPTED MONDAY • • Aut ori ignature Villege af Tequesta Date: 9/1/2011 �. Purchase Order Requisition Date Purchase Order is Req'd: 9/6/2011 (Not a Purchase Order) Department: Utilities Req. #: Quotes Received: (See Attached) Recommended Vendor: Vendor��»�� Vendors Mainline Supply ComPanY 1 Address: 668 N.W. Enter rise Drive 2 City: Port St. Lucie 3 State & Zip: Florida, 34986 Comments: Pricin is i backed from the Villa es contract co attached Manuf./ Available Balance ftem Descri tion Part# Q. Unit Price Total Cost Account # (Finance Use Only) 3/4 Inch PD water meter 90 92.00 $8,280.00 401-411 552.601 1 Inch pd Water meter 20 122.00 $ 2, 440.0 0 401-411 552.601 2 Inch Tubo Water meter 4 �� $ 1, 700.00 401-411 552.601 �C�C ��., s�S � C�� Total: $12,420.00 � � B�C��,►� Finance/Administrative Use Only: Department Head Si nature: Date: 9/1/2011 Finance Si nature: ? Date: � ' � _ Villa e Mana er A roval: Date: ,�. � Villa e Council A roval: � PO#: �,� Processed By: Date: , L } p6AF@R �jj�i; MEMORANDUM OF UNDERSTANDING NIGHWAYWiFEiYYAqOYpfOAVFNIyYES DRIVERS LICENSE AND/OR MOTOR VEHICLE RECORD DATA EXCHANGE Contract Number This Memorandum of Understanding (MOU) is made and entered into by and between hereinafter referred to as the Requesting Party and the Department of Highway Safety and Motor Vehicles hereinafter referred to as the Providing Agency. I. Puraose of the Data Exchanqe The purpose of this MOU is to establish conditions under which the Providing Agency agrees to provide electronic access to driver license and motor vehicle data to the Requesting Party as follows: T e of Data Re uested Statuto Fees (sub'ect to chan e b the L islature) ❑ No Char e ❑ Driver license status ❑$0.50/record, er s. 320.05, F.S. ❑ Motor vehicle status ❑$0.50/record, er s. 320.05, F.S. ❑ Driver license transcri t 3- ear) ❑$8.00/record, er s. 322.20, F.S. ❑ Driver license transcri t 7- ear or com lete ❑$10.00/record, er s. 322.20, F.S. ❑ Cost recovery fee for TML, Inc.* ❑$0.02irecord (rounded to nearest $0.01 daily prior to electronic funds transfer. TML will determine fee on an annual basis ❑ Motor vehicle list ❑$0.01/record, er s. 320.05, F.S. ❑ Driver license list ❑$0.01/record, er s. 322.20, F.S. ❑ Driver record search ❑$0.01/record or $2.00/record if no record is found, er s. 32220, F.S. ❑ Motor vehicle record ❑$0.50/record, er s. 320.05, F.S. ❑ Residenc verification N/A �7 GAVlD �riminal 'ustice use or.l N/A ❑ DAVE (government agencies only) N/A ❑ with Photos/Si natures ❑ Motor Vehicle Insurance Data N/A Exchan e/Verification * TML Information Senrices, Inc. owns and operates the computer hardware and software that allows remote interactive access to the databases of the Providing Agency for the Requesting Party. For each single transaction received by the system, one type driver license history will be returned. ❑ The Requesting Party is not requesting personal information and/or is not qualified to obtain personal information pursuant to the Driver's Privacy Protection Act. ❑ The Requesting Party is requesting personal information and declares that it is qualified to obtain personal information under the following exception numbers, as listed in Attachment 1, authorized by the Driver Privacy Protection Act: . Personal information will be used as follows: ❑ The Requesting Party is authorized to receive a 9-digit social security number _ a 4-digit social security number, pursuant to Chapter 119, F.S., or other applicable laws. � The Requesting Party is authorized to receive insurance data on a per record basis for the purposes, pursuant to section 713.78(4)(b), F.S., or other applicable laws. The Requesting Party may only re-release this information to parties authorized to receive it under section 713.78(4)(b), F.S. Received by (Initial/Date) Data Exchange MOU (Rev. OS-10-2011) Page 1 of 7 II. Definitions A. "Driver's Privacy Protection Act" (DPPA) —18 United States Code section 2721 et seq. B. "Providing Agency" — The Department of Highway Safety and Motor Vehicles. The agency responsible for granting access to driver license and/or motor vehicle data to the Requesting Party. C. "Requesting Party" — Any entity type that is expressly authorized by section 119.0712(2), Florida Statutes and DPPA to receive personal information and highly restricted personal information that requests information contained in a driver license, motor vehicle, or traffic crash record. D. "Parties" — The Providing Agency and the Requesting Party. E. "Third Party" — Any individual, association, organization, or corporate entity who receives driver license and/or motor vehicle data maintained and released by the Providing Agency or Requesting Party. F. "Government Entity" — Any federal, state, county, county officer, or city government, including any court or law enforcement agency. G. "Network Provider" — A Requesting Party whose access is provided by remote electronic means through the System to request specific types of data at a minimum of 5,000 transactions per month. A six (6) month startup period v�rill be allowed for new Network Providers, during which time, less than 5,000 transactions per month will be accepted. H. "Personal Information" — Information found in the motor vehicle or driver re�ord which includes, but is not limited to, tFie subject's driver identification number, name, address, telephone number, and medical or disability information. Personal information does not include information related to vehicular crashes, driving violations, and driver's status. I. "Vendor Number" — A unique number assigned to the Requesting Party by the Providing Agency that identifies the type of record authorized for release and it's associated fees. Misuse of a vendor number to obtain information is sirictly pronibited and shall be grounds for termination in accordance with Section IX. J. `Driver license information" — driver license and identification card data coliected and maintained by the Providing Agency. K. "Motor vehicle information" — title and registration data collected and maintained by the Providing Agency for vehicles, and mobile homes. lil. Leqal Authoritv The Providing Agency maintains computer databases containing information pertaining to driver licenses and motor vehicles pursuant to Chapters 319, 320, and 322, Florida Statutes; and The driver license and motor vehicle data contained in the Providing Agency databases is defined as public record pursuant to Chapter 119, Florida Statutes; and The Providing Agency as custodian of the foregoing records may provide access by remote electronic means and charge a fee for the direct and indirect costs of providing such access, pursuant to sections 119.0712(2), 320.05, 321.23, and 322.20, Florida Statutes, and other applicable rules and policies; and The Requesting Party might obtain via remote electronic means blocked personal information exempt from public disclosure as provided pursuant to section 119.0712(2), Florida Statutes, the Requesting Party shall maintain the confidential and exempt status of such data. Anyone accessing records obtained per this agreement must ensure that the end users of the records are complying with section 119.0712(2), Florida Statutes and DPPA. The Parties, in consideration of the promised and mutual covenants hereinafter contained, do hereby enter into this MOU. Data Exchange MOU (Rev. OS-10-2011) Page 2 of 7 IV. Statement of Work A. The Providing Agency agrees to: 1. Provide the Requesting Party with the technical specifications required to access driver license and/or motor vehicle information in accordance with the access method being requested. 2. Allow the Requesting Party/Nefinrork Provider to electronically access driver license and/or motor vehicle data. 3. Accept the Requesting Party/Network Provider's electronic requests and respond with appropriate data. At a minimum, 90% of the responses to electronic requests from Network Providers will occur within 15 seconds of receiving the transaction. 4. Collect all fees, pursuant to applicable Florida Statutes, rules and policies for providing the electronically requested data. The fee shall include all direct and indirect costs of providing remote electronic access, according to section 119.07(2)(c), Florida Statutes. 5. Collect all fees due for electronic requests through the Automated Clearing House account of the banking institution which has been designated by the treasurer of the State of Florida for such purposes. 6. Discontinue access of the Requesting Party for non-payment of required fees. The Providing Agency shall not be responsible for the failure, refusal, or inability of the Requesting Party/Network Provider to make the required payments, or interest on late payments for periods of delay attributable to the action or inaction of Network Providers. 7. Not indemnify or be liable to the Requesting Party/Network Provider for any driver license or motor vehicle information, programs, job streams, or similar iiems delayed, lost, damaged, or destroyed as a result of the zlectronic exchange of data pursuant to this MOU, 2xcept as provitled in section 768.28, Florida Statutes. 8. Notify the Requesiing Party/Network Provider thirty (30) days prior to changing any fee schedufes when it is reasonable and necessary to do so, as determined by the Providing Agency. All fees are established by Florida law. Any changes in fees shall be effective on the effective date of the corresponding law change. The Requesting Party/Network Provider may continue with this MOU as modifed or it may terminate the MOU in accordance with SectionlX., ,ubject to the payment of all fees incurred prior to termination. 9. Perform all obligations to provide access under this MOU contingent upon an annual appropriation by the Legislature. 10. Provide electronic access for Network Providers to driver license and/or motor vehicle information 24 hours a day, 7 days per week other than scheduled maintenance or other uncontrollable disruptions. Scheduled maintenance normally occurs Sunday mornings between the hours of 6:OOAM and10:00AM. 11. Provide an agency contact person for assistance with the implementation of this MOU. B. The Requesting Party agrees to: 1. For the Requesting Party, driver license and/or motor vehicle, intormation may only be used for the express purposes described herein. information obtained from the Providing Agency by the Requesting Party shall not be retained by the Requesting Party, unless obtained for a law enforcement purpose or resold to any Third Party. 2. Be responsible for interfacing with any and all Third Party end users. The Providing Agency will not interact directly with any Third Party end users. Requesting Party shall not give Third Party end users the name, E-mail address, and/or telephone number of any Providing Agency employee without the express written consent of the Providing Agency. (This does not apply to Govemment Entities.] Data Exchange MOU (Rev. OS-10-2011) Page 3 of 7 3. Maintain a help desk for its Third Party end users. Personnel assigned to this help desk shall be fully trained on all aspects of the electronic access and shall be prepared to answer all Third Party end user questions. In cases where the Requesting Party/Network Provider help desk personnel are unable to answer a question from a Third Party end user and that question must be answered by Providing Agency personnel; the Requesting Party shall obtain the answer from the Providing Agency and then relay the answer to the Third Party end user. (This does not apply to Govemment Entities.J 4. Insure that its employees and agents comply with Section V. Safeguarding Information procedures of this MOU. 5. Not assign, sub-contract, or otherwise transfer its rights, duties, or obligations under this MOU without the express written consent and approval of the Providing Agency. 6. Use the information received from the Providing Agency only for the purposes authorized by this agreement. 7. Protect and maintain the confidentiality and security of driver license and/or motor vehicle information received from the Providing Agency in accordance with this MOU and applicable state and federal law. 8. To the extent allowed by law, the Requesting Party shall defend, hold harmiess and indemnify the Providing Agency and its employees or agents from any and all claims, actions, damages, or losses which may be brought or alleged against its employees or agents for the Requesting Party's negligent, improper, or unauthorized use or dissemination of information provided by the Providing Agency. 9. Update user access permissior�s upon t�rmination dr reassignment of users within 5 working aays �nd immediately update user access permissions upon discovery of negligent, improper, or unauthorized use or dissemination of information. Conduct quarterly quality control reviews to ensure ail current users are appropriately authorized. 10. For all records containing personal infarmation released to a Third Party, maintain for a period of 5 years, records identifying each person or entity that receives the personai information and the �ermitted pwrpose for which it will be used. The Requesting Party shall make these records availablz for inspection upon request by the Providing Agency. (This does not apply to Government Enfities.] 11. Pay a�l costs associateci with electronic access of the Providing Agency's driver license and/or motor vehicle information; such costs shall inciude all one time, recurring, and usage charges for all hardware, software, and services required to connect to and use the electronic access. Payment must be in advance of receiving any information or using electronic means as follows: ■ Complete and sign the appropriate document(s) to allow the Providing Agency's designated banking institution to debit the Requesting Party's designated account. ■ Maintain an account with a banking institution as required by the Providing Agency. ■ Pay all fees due the Providing Agency by way of the Automated Clearing House account of the Providing Agency's designated banking institution. Collection of transaction fees from eligible and authorized Third Party end users is the responsibility of the Requesting Party. 12. Minimum Transaction Level — In order to qualify for direct connection to a port, the Network Provider must agree to submit a minimum of 5,000 transactions per month for driver transcripts or 2,500 transactions for public records access program for motor vehicle/driver license status checks. A six- month startup period will be allowed, during which time less that the rr5inimum will be acceptable. In the event the Network Provider does not maintain the minimum transaction per month beginning with the first day of the seventh month and every month thereafter, the Network Provider's direct connection to a port will be terminated. Data Exchange MOU (Rev. OS-10-2011) Page 4 of 7 V. Safequardinq Information The Parties shall access, use and maintain the confidentiality of all information received under this agreement in accordance with Chapter 119, Florida Statutes, and DPPA. Information obtained under this agreement shall only be disclosed to persons to whom disclosure is authorized under Florida law and federal law. Any person who willfully and knowingly violates any of the provisions of this section is guilty of a misdemeanor of the first degree punishable as provided in sections 119.10 and 775.083, Florida Statutes. In addition, any person who knowingly discloses any information in violation of DPPA may be subject to criminal sanctions and civil liability. The Parties mutually agree to the following: A. Information exchanged will not be used for any purposes not specifically authorized by this agreement. Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, personal use, and the dissemination, sharing, copying or passing of this information to unauthorized persons. B. Information exchanged by electronic means will be stored in a place physically secure from access by unauthorized persons. C. Access to the information exchanged will be protected in such a way that unauthorized persons cannot review or retrieve the information. D. A!I personnel with access to the information exchanged under the terms of this agreement will be instructed of, and acknowledg$ their understanding of, the confidential nature of the information. These acknowledgements must be maintained in a current status by the Requesting Party. E. All personnel with access to the information will be instructed of, and acknowiedge their understanding of, the criminal sanctions specified in state law for unauthorized use of the data. These acknowledgements must be maintained in a current status by the Requesting Party. F. All access to the information must be monitored on an on-going �aasis by the Requesting Pa�ty. In addition, the Requesting Party must complete an annual audit to ensure proper and authorized use and dissemination. G. By signing the MOU, the representatives of the Providing Agency and Requesting Party, on behalf of the respective Parties attest that their respective agency procedures will ensure the confidentiality of the information exchanged will be maintained. VI. Comoliance and Control Measures A. Internal Control Attestation - This MOU is contingent upon the Requesting Party having appropriate internal controls over personal data sold or used by the Requesting Party to protect the personal data from unauthorized access, distribution, use, modification, or disclosure. Upon request from the Providing Agency, the Requesting Party must submit an attestation from a currently licensed Certified Public Accountant performed in accordance with American Institute of Certified Public Accountants (AICPA) "Statements on Standards for Rttestation Engagement.° In lieu of submitting the attestation from a �urrently licensed Certified Public Accountant, Requesting Party may submit an alternate certification with pre-approval from the Department. In the event the Requesting Party is a govemmental entity, the attestation may be provided by the entity's internal auditor or inspector general. The attestation must indicate that the internal controls over personal data have been evaluated and are adequate to protect the personal data from unauthorized access, distribution, use, modification, or disclosure. The attestation must be received by the Providing Agency within 180 days of the written request. The Providing Agency may extend the time to submit the attestation upon written request and for good cause shown by the Requesting Agency. B. Misuse of Personal Information — The Requesting Party must immediately notify the Providing Agency and the affected individual following the determination that personal information has been compromised by any unauthorized access, distribution, use, modification, or disclosure. The statement to the Providing Agency must provide the date and the number of records affected by any unauthorized access, distribution, use, modification, or disclosure of personal information. Further, as provided in section 817.5681, Florida Statutes, the document must provide a statement advising if individuals whose personal information has been compromised have been notified and, if not, when they will be notified. The statement must include the Data Exchange MOU (Rev. OS-10-2011) Page 5 of 7 coRective actions and the date these actions are completed by the Requesting Party. See Section Xfor complete mailing address. C. The Providing Agency shall receive an annual affirmation from the Requesting Party indicating compliance with the requirements of this agreement no later than 45 days after the anniversary date of this agreement. VII. Period of Performance This MOU shall be effective upon the last signature of the Parties to this agreement and will remain in effect for three years from the date of execution, as provided in Section X. Once executed, this MOU supersedes all previous agreements for these conditions of services defined in Section I. VIII. Amendments A. This MOU incorporates all prior negotiations, interpretations, and understandings between the Parties, and is the full expression of their agreement. B. This MOU may be subsequently amended by written agreement befinreen the Parties. Any change, alteration, deletion, or addition to the terms set forth in this MOU and its numbered addendums must be by written agreement executed by both Parties. C. All provisions noi in conflict with the amendment(s) shall remain in effect and are to be performed as specified in this MOU. IX. Termination A. This agreement may be t2rminated for caus2 by either party upon finding that the terms and conditions containsd herein are not being followed. No written notice or notifying period will be required. B. This agreement is subject to unilaterai cancellaiion by the Providing Agency without notice for failure of the Requesting Party to comply with any of the requirements of the MOU and applicable Florida Statutes, including section 119.0712�2), Florida Statutes. C. The Contract may be terminated upon �hirty (30) days rotice in writing to the Contract Managsr without penalty to either party. Ali obligations of either party under the contract wrill remain in force during the thirty (30) day notice period. Data Exchange MOU (Rev. OS-10-2011) Page 6 of 7 IN WITNESS HERETO, the PARTIES have executed this Agreement by their duly authorized o�cials. Requesting Party: Providing Agency: � �. �_ �, Florida Department of Highway Safety � ��T C.C3�i� � � � <',�f and Motor Vehicles Company / Agency Name 2900 Apalachee Parkway 1 � Tallahassee, Florida 32399 .�� /��'L.�.`-�� f � Street ddress J��i'� s�ite ��irc�'is-� �� :� City, State Zip Code � B / � � By: ��' � � i deC�1� Kevin Bailev Printedrfyped Name Printed/Typed Name �'i�,��= Chief of Purchasing & Contracts Title Title /� �� // Date Date V i�a�c1�l'� ��' l.�� s G�� E-�iai! Address � �/- ��-Os'�I� Phone Number . S`��/- ��- � � � Fax Number Technical Contact for FTP, Progrem Access .��a � �a v�.� L cr PrintedlTy�oed Name `� Od Y✓s �G� �'L[4� D'u ' U � E ail Addres SG /- i� F- �Ss� Phone Number Point of contact for Web Application Access _�i�� l�iv��.er�r Printed/typed Name �onv+ �c��¢o��C- u� E-Mail Add • ss ,� � !f �G �- oS��'� Phone Number Data Exchange MOU (Rev. OS-10-2011) Page 7 of 7 ATTACHMENT 1 DRNER PRIVACY PROTECTION ACT EXCEPTIONS 1. For use in connection with matters of motor vehicle or driver safety theft, motor vehicle emissions, motor vehicle product alteiations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of non�wner records from the original owner iecords of motor vehicle manufacw�ers, to carry out the purposes of the Anti Car T6eft Act of 1992, the Automobile Information Disclosure Act, We Clean A'v Act, and chapters 301, 305, and 321-331 of tiUe 49 U.S.C. 2. For use by any government agency, including any court or law enforcement agency, in cazrying out its functions, or any private person or entity acting on behalf of a federal, shate, or local agency in �arrying out its functions. 3. For use in connection with matters of motor ve}ticle or driver safety and theft; motor vehicle emissions; motor ve}ricle product altetations, recalls, or advisories; performance m�itoring of motor vehicles, motor vehicle pa�ts, �d dealers; motor vehicle market rese�ch activides, including survey research; and removal of non-owner reoords from the original owner records of motor vehicle m�ufactarers. 4. For use in the normal course of business by a legitimate business or its agents, employees, or contractots, but only. (a) To verify the accuracy of peismial information submitted by the individual to the business or its agents, employees, or c�tractots, and (b) If such infoc�mation as so submitted is not cortect or is no longer cocrec� to obtain the coaect infortnati�, but only for the purposes of preventing fiaud by, piusuing legal remedies ag ;"c� or recovering on a debt or security inter�st against, the mdividual. 5. For use in connection with any civil, crimmal, adminishative, or arbitral proceeding in �y court a agency or before any self-regulatory body for. (a) Service of process by any certified process server, special process servey or other person suthorized to serve process in tltis state. (b) Imestigation in andcipation of litigation; however, the information may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealecs. (c) Investigation by any person in connection with any filed Qroceeding; however, the information may not be used for mass commercial solicitation of clients for ]itigation against motor velucle dealers (d) Exeaition or enforcement of jud�ents and orders. (e) Compliance with an order of any cowt 6. For use in researcb activities and for use in producing statistical reports, so long as the personal information is not published, re-disclosed, or used to contact individuals. 7. For use by any insurer or insurance support organizatioq or by a self-insured entity, or its agents, employees, or coMractors, in connection with claims investigation activities, anti-fraud activities, rating, or undenvriting. 8. For use in providing notice to the owners of towed or impounded vehicles. 9. For use by any licensed private investigative agency or licensed security service for any pwpose permitted under this paragtaPh 10. For use by an employer or its agent or msurer to obtain or verify information relating to a krolder of a commercial driver's license that is required under 49 U.S.C. ss. 31301 et seq. 11. For use in connedion with the operation of private toll �ansportalion facilities. 12. For bulk distribution of s�veys, marketing, or solicitations when the department has obtained the express consent of the persnn to who such petsonal information pertains. l3. For any use if the requesting person demonstrates that he or she has obtained the written consent of the person who is the subject of the moWr vehicle record. 14. For �y other use specifically authorized by state ]aw, if such use is celated to the operaaon of a motor vehicle or public safety. 15. For any other use if the person to whom the information pertains has given express consent oa a form prescribed by the deparlment Such consem shal] remam in effect �mtil it is revoked by the person on a form �nescribed by the depart�nwt. CRASIi REPORT EXCEPTIONS 1 I am a party involved in the c�ash. 2 I am a legal representative to a party involved in the crash or an immediate relative. 3 I am a licensed insurance agent w a party involved in the crash, their insurer or insurers W which tt�y applied for iasivance coverage. 4 I am a person under contract to provide claims or undenvriting information to a qualifyiug ins�sance companY• 5 I azn a prosecuting attomey. 6 I represent a iadio or television station licensed by the FCC or newspaper qualified to publish legal notices or a free newspaper of general circulation, which qua.lifies under statute. 7 I represent a local, state, or federal agency that is authorized by law to have access to these reports• 8 I repcesent a Victim Service Program, as defined in Section 316.003(85), Florida Statutes. HSMV 96015 - ATTACHMEIV7' 1(04/11)