Loading...
HomeMy WebLinkAboutR-1999-079■ r. T 7 1 �� 1. f � .. 1`-- r, r 7 RESOLUTION NO. 79-99 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY TO NATIONSBANK FOR A STATE OF FLORIDA/NATIONSBANK VISA PURCHASING CARD; WITHOUT COMPETITIVE BIDDING AND WITHOUT ADVERTISEMENT FOR BIDS; PROVIDING THAT ALL RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Dania Beach is interested in participating in the State of Florida/Nations Bank Purchasing Card program. WHEREAS, NationsBank agrees to provide a purchasing card program, establish accounts and issue purchasing cards to employee cardholders upon the terms and conditions of the NationsBank Purchasing Card Agreement with the Sate of Florida dated February 4, 1997. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the city manager is hereby authorized to apply to NationsBank to request that a Visa Purchasing account be established by NationsBank in the name of the City of Dania Beach, Florida. Section 2. That the city manager is hereby authorized to establish a policy and procedures for use of the purchasing cards by employee card holders. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED this 11th day of M 999. L Cam.,, —COMMISSIONER ROLL CALL: //"--- MAYOR BERTINO-YES SHERYL C APMAN VICE-MAYOR McELYEA-YES ACTING CITY CLERK COMMISSIONER CALI -YES COMMISSIONER ETLING -YES APPROVED AS TO FORM AND CORRECTNESS: By: T OM S X A SBRO CITY ATTORNEY RESOLUTION NO. 79-99 r- r I f - 'f AGENDA REQUEST FORM l CITY OF DANIA Date: 05-11-99 Agenda Item#: Title: f RESOLUTION APPROVING APPLICATION OF VISA PURCHASING CARD Requested Action: Approval Summary Explanation& Background: This is a request to apply to Nations Bank for a Visa Purchasing Card under the State of Florida/NationsBank agreement. Exhibits(List): Proposed Resolution Application for Purchasing Card Letter from State of Florida Comptroller and 2/4197 agreement Purchasing Card Policy and Procedures Purchasing Approval: Prepared By: Marie Jabalee, Finance Director Source of Additional Information: (Name&Phone) Recommended for Approval By: Commission Action: Passed ❑ Failed ❑ Co—ntinued ❑ ❑ Other Comment: r. I' State of Florid: NationsBanl . yTE� F s Purchasing Car( �sx A1f` p(41se ,,.. 5f3r5 4"'" m' � ao 'i she .tl4A39�by„ Applicatioi p . .a; FA'9,44'xr Check the box which applies: ❑ Payments will be processed through the Stat, of Florida's Department of Banking and Finance. NPayments will be processed directly to NationsBank. Natio1''sBank t� s r, 7 TO ENSURE PROMPT PROCESSING, CONFIRM THAT THE FOLLOWING IS PROVIDED: ❑ Complete Application and Signature and Authorization: Complete all sections including Signatures),Authorization and Cenilic:nes of i ❑ Financial Statements: For Entities processing payments through the State of Florida's Department of Banking&Finance,no financial infoi ❑ Submit the completed Application,along with required documentation to: Forward the completed application,along If you have questions call 850-894-4166 STATE OF FLORIDA/ NATIONSBANK VISA PURCHASING CARD APPLICATION Does your Organization currently bank with NationsBank?11 Yes 0( No If yes,location Entity Information (Please type or print): Name of Entity (As it will appear on card): Limit 24 spaces: IC II I T I Y I ID IF I I p 1 A I . II I . I IR IF IA IC I NI IF IL I Entity Legal Name City of Dania Beach Street Address 100 W. Dania Beach Rnrleyand City/State/Zip TaxIDB 59-6000302 Dania Beach FL 33004 Business Phone (954) 921-8700 No.of Employees 180 Type of Organization: - State Agency Community College Special District(type) X Municipality District School Board Other(specify) County - County Constitutional Office(specify) Program Administrator(s):(attach additional list if necessary) Name Title Marie Jabalee Finance Director Business Address 100 W. Dania Beach Boulevard City Dania Beach State FLZip 49004 Business Phone ( Qra) 991 _27nn x9n9 E-mail address Fax number ( 954) 921-2604 miabatee@ci dania beach fl uc Name Title Business Address City State Zip Business Phone E-mail address Fax number Program Information: I. What is your projected annual spending volume with the Purchasing Card(total)? $2 2 5 00 0 2. What will your organization-wide per transaction limit be? $1 000 3. What is your average small dollar transaction amount? $3 5 0 4. How many cards do you anticipate initially? 10 At full implementation? 15 5. What types of purchases do you plan to use the Purchasing Card for(travel,office supplies,etc.)? Travel S f_inn 7 ig$y__ Consumable5_anttinmant ren4a] 6. When do you plan to implement a Purchasing Card program(target date)? June, 1999 L f c_. it h b , For Entities processing payments directly to Nationsliank,enclose your two most recent years audited financial stalements. equired documentation, to your NationsBank Account Representative. Electronic Transmission and Reporting: Payment Method: ❑ EDI ❑ ACH Debit ❑ Statement Billing File (ASCII) ❑ ACH Credit ❑ InfoSpan © Wire Transfer Signature and Authorization: To be signed by person authorized to enter into the Agreement: The entity named ahme she"Entity").by the signature of its authorized officer or employee below,requests that a Visa Purchasing Card account b established by NationsBank,N.A.(South)in the name of the Entity.and that Visa Purchasing Cards be issued to the representatives of the Entity a the Entity designates tort time to time. The Entity agrees ail be liable for transactions made on the account,and shall pay NationsBank,N.A.(Soutl. the account charges in accordance with the Nationsilank Purchasing Card Program Agreement with the State of Florida dated February 4, 1997,as may he amended from time to time(the"Agreement'). The Entity hereby acknowledges receipt of a copy of the Agreement. The Entity agrees th; it.shall be considered a Participating Entity,as such term is defined in the Agreement and as such shall fulfill all Participating Entity obligations. I the Entity utilizes electronic data interchange (EDI)through the Florida Department of Management Services (DMS) for billing and infonmatio processing and to the extent that funding is not lawtully available to the Division of Purchasing of DMS to pay the EDI costs,then the Entity agree to pay DMS its Proportionate share of electronic data interchange costs(EDI),as determined at the sole discretion of DMS. The Entity understand that its participation in the Purchasing Card Prograrn may be inmhediately terminated if it fails to make(imely payments hereunder or otherwise a permitted in the Agreement. If the Entity processes payments directly to NationsBank and the Agreement should terminate,NationsBank may,at ih option,upon notice to the Entity,terminate Entity's account or issue new terms for the account. I hereby certify that I am authorized to sign fill application for the NationsBank Purchasing Card Program and to contractually bind the Entity to all terms and conditions found herein, withoh limitation,for the duration of the said contract. The legal basis upon which this authorization exists is as follows: _. Florida Law(please give citation): iJ Florida Administrative Code or ordinance(please give citation): r IXI Other(please give reference or citation):- Name (prin : Mi a 1 Smith Title: City Manager Signature: _ _ Date.mil[ () Entity or Organizat of Dania Beach FL Cerlificale of Aulh rily(to be signed by Counsel for Participating Entity/Organization): This certifies Thar Michael Simi t h is authorized.by(he spcci fic provisions of the Florida Statutes,Florida (name) Administrative Code or other legal authority cited above,to sign the application titer the NationsBank Purchasing Card Program on behalf of the named Entity/Organization in this application and by so signing binds the Entity/Organization to all terms and conditions found herein,without limitation.for the duration of the said contract. Thomas Ansbro Print Name Sign ?s Florida Bar I.D.Number 1 f d 2� x r 7 F ' `� .■; OFFICE OF COMPTROLLER DEPARTNfEN'r OF BANKING AND FINANCE STA'rE OF FLORIDA TALLAHASSEE " ROBER"I' F. MILLIGAN 32399-0350 I�IIrII 8 I II COMPTROLLER OI'FLORIDA 1111 V May 5, 1998 LLLIII LLLIII Mr. Michael W. Smith City Manager City of Dania Post Office Box 1708 Dania, FL 33N4 Dear Mr. Smith: The State of Florida signed a state term contract with NationsBank last year to establish a Visa Purchasing Card Program. The benefits of this program are numerous, and there are no banking or use fees. Your local government is eligible to use state term contracts. Recent changes have been made which should make the State of Florida Purchasing Card Program even more attractive. First and most importantly, we intend to provide rebates to local governments participating in the program based upon annual purchasing card activity beginning July 5, 1998. The single transaction limit allowable under the contract has been raised to $25, 000. We hope these new features will encourage you to simplify your purchasing and payment processes by participating in this program. Additional information regarding the State of Florida Purchasing Card Program may be obtained from: Jeri Winkleblack Vice President Phone: (850) 877-8011, ext. 244 Account Manager Fax: (850) 656-7964 NationsBank E-mail: jeri.winkleblack@nationsbank.com 1203 Governors Square Blvd. Tallahassee, FL 32331 We would encourage you to become a part of this important new cost-saving program. Sincerely, V_Lo4 Robert F. Milligan William kindner Comptroller of Florida Secretary Department of Management Services 4- r L e� _t "STATE PR0GRI.AI ,D,AtL`ISTIt:A7.0It• means the designated represen[a[iven;signed by the STATE to be the primary point of contact for N:ATI0C1S6:\NK and all P.ART[C[PATINC; E, TITIES on issues that relate to the PROGRA11. I. PURCHASING CARD ISSUANCE. A. NATIONSB.ANK hereby agrees to provide a PARTICIPATING ENTITY with the NATIONSBANK PURCFL-kSING CARD PROGR4Y(, establish ACCoUNTs and issue PCRCIi{SING CARDS to EMPLOYEE CARDHOLDERS upon the terms and conditions of this AGREEMENT. Each ACCOUNT is to be used for L.EGITI,LATE BUSINESS EXPENSE. B. NATIONSBANK will establish an ACCOUNT for and issue a PURCKaSING CARD to an EMPLOYEE CARDHOLDER upon the request of a PARTICIPATING ENTITY; however, the establishmentofa CARDLESSACCOUNTwill be subject to subsection 1.C., below. C. NATIONSBANK may, at the request of PARTICIPATING ENTITY and with the approval of STATE, establish CARDLESS ACCOUNTS. A CARDLESSACcOUNT maybe utilized by a PARTICIPATING ENTITY for the purchase of goods and services. In the event that a C.ARDLESSACCoUNT is established, all transactions on such ACCOUNT shall in all respects be treated as though the transactions were initiated through the use of a PURCHASING CARD except as stated in Section 2.13. hereafter. Each PARTICIPATINGENTITY will use all due care to maintain the security of all PURCaASING CARDS and CARDLESS ACCOUNT numbers provided to it under the PROGR.NL D. Each-PURCELASING CARD and CARDLESS ACCOUNT shall be valid for the term indicated and will be eligible for reissuance, unless such PURCHASING CARD, CARDLESS ACCOUNT and/or the PROGRLNr have been canceled by NATIONSBANK pursuant to the provisions of this AGREE,NIENT, or at the request of the PARTICIPATING ENTITY as it relates to its participation, or at the request of STATE. NATIONSBAN'K reserves the right to cancel or suspend an ACCOUNT at any time if the ACCOUNT is more than 30 days past due with notice to the PARTICIPATING ENTITY and STATE. In addition NATIONSBANK may suspend any ACCOUN7 with just cause at any time prior to notifying STATE or PARTICIPATING ENTITY provided that it notifies the PARTICIPATING ENTITY and STATE at the earliest reasonable opportunity. A ei.,l warm Page of17 A- f d r 7 E. I[ an ELIGIBLE ENrI T'(s paYnlencs to ',1i'fUN5 B:\`!fi are process,,! through t, Department of Banking and Finance, a PROGRASI appllcatiom (to he mutually ceveloped by STATE and NATIONSBANJCl ,-shall be executed by the ELIGIBLE E,\;TI'rY but Such application shall not be subject to n financial, anatvueal or performance review. In the event that an ELIGIBLE ENTITY's payments pursuant to this AGREEMENT are not processed through the Department of Banking and Finance, NAT[ONSBANN and the STATE wU1 develoo a separate PROGRANI apolication/enrollmentto be executed by such ELIGIBLE ENTITY and which will be utilized by NATIONSBAN'i< to conduct an independent financial, anahtical and performance review. In the event chat this review demonstrate; bona fide concerns for NATiONSBA .L; OC STATE, a good faith effort will be made to resolve the concerns. However, if the Parties are unable to resolve said concerns, NATIO:NSBA,VK reserves the right to decline the PROGP.A�[ application/enrollmentof the ELIGIBLE ENTITY. In anv event, NATIONSBA:NTc shall not be required to establish any ACCOUNT under this AGREEMENT unless and until STATE or PARTICIPATING ENTITY furnishes to NATIONSBANK such evidence of action and authority as NATIONSBANK may reasonably request prior to the enrollment of a PARTICIPATING ENTITY. 2. LLABILITY. A. PARTICIPATING ENTITY PURCHASING CARD ACCOUNT Liability. PARTICIPATING ENTITY shall be liable for all CHARGES made on all of its E3IPL0YEE CARDHOLDERS PURCHASING CARDS except for CHARGES resulting from FRAUDULENT USE or qualifying under the DISPUTES policy, However, if the PARTICIPATING ENTITY meets all then existing requirements of Visa's Liability Waiver Program (Addendum B), then P.ARTICIPATIYG ENTITY will not be liable for any PERSON.0 CHARGES on its PURCHASING CARD ACCOUNTS: • The STATE understands that a PARTICIPATING ENTITY may be required to pay NATIONSBANK for some disputed (FRAUDULENT USE and PERSONAL transactions pending the ultimate resolution of said disputed transactions. CK '.GES) B. PARTICIPATING ENTITY CARDLESSACCOUNTLiability. Should PARTICIPATING ENTITY request with prior approval of STATE to set up CARDLESB ACCOLti'TS under the PROGRA.A[, all CHARGES to the CAR D LESS ACCOUNTS shall: A.FcW ("JO'79l) Page 5 of I" l f L i-- F. T _I 1 (i) not be subj,tct to si;naa11-0 and tdontity verification procedures and,therefore, will not be eligible for DtsPU'rEs processing for anv reason related to signature or identity verification,and, (ii) be considered LEGITINLATE BUSINESS EXPENSE unless such CHARGE was made from a merchant who was blocked using MERCHANT CATEGORY CODES and the failure to dishonor the CH.A-RGE was an error by cNATIONSBANK or a third party processor selected by cNATIONSBANh. MERCHANT CATEGORY CODES will be considered blocked two (2) business days after a request is received by NATIONSBANS provided the request to block, from STATE or a PARTICIPATING ENTITY, is initiated on a NATIONSBA:NK business day. However, if a PARTICIPATING ENTITY meets all then existing requirements of Visa's Liability Waiver Program, then PARTICIPATING ENTITY will not be liable for any PERSONA!,CHARGES on the CARDLESS ACCOUNT. C. BillingProcedures. ([) General procedures. CHARGES for both PURCHASING CARDS and/or CARDLESSACCOUNTS will be set forth on a billing statement furnished to each PARTICIPATING ENTITY, and a IN[ENIO BILLING STATEMENT may be provided at the PARTICIPATING ENTITY'S request to the EMPLOYEE CARDHOLDER or to the PARTICIPATING ENTITY for distribution by the PARTICIPATING ENTITY to EMPLOYEE CARDHOLDERS. NATIONSBANK shall, upon request of a PARTICIPATING ENTITY, provide the PARTICIPATING ENTITY with information wi'lh respect to all CHARGES made by an EMPLOYEE CARDHOLDER during each BILLING CYCLE and with any other information concerning the EMPLOYEE CARDHOLDER's ACCOUNT. STATE, on behalf of PARTICIPATING ENTITIES, and NAT[ONSBAN$shall agree to the settlement terms outlined in Addendum A. (ii) Special procedures. The following procedures apply when a PARTICIPATING ENTITYs payments are processed through the Department of Banking and Finance. NATIONSBA-NW agrees to transmit daily statements/invoices (ED[ 811s) containing the transactions (CIiA.RGES, credits, DISPUTES, which reduce the balance due, and payments) processed the previous day through A Fiml j9o"J91) Page 6 of 17 L. f 1, r -r N:ITIONSB:1?1!C Gx each PART[CIPATING ENTITY. NATIONSB:IN'IC has also agreed to accept daily payments in the form of Electronic Funds Transfer (ACH Credits) from the Department of Banking and Finance per PARTICIPATING ENTITY to be applied against that PART[CIPATIN'G EN71Ty's outstanding balance. It is also understood: (a) NATIONSBANK will commence transmission of transactions to the STATE on a daily basis, excluding weekends, STATE holidays, and banking holidays, between 4:30 a.m. but not later than 7 a.m. Eastern Time each business day. NATIONSBANF and the STATE will develop a mutually agreeable process for notifying the STATE's designated representative of a transmission failure and possible resolution. NATIONSBANK and the STATE will develop a mutually agreeable transmission schedule annually. (b) Since the outstanding balance for a PARTICIPATING ENTITY will be changing for each transmission of CKARGES and credits and payments received by NATIONSBANK, the daily transmissions will contain a running balance of the PARTICIPATING ENTITY'S ACCOUNT. (c) NATIONSBANK will be responsible for notifying the STATE, in a method mutually agreeable to the STATE and to NATIONSBANK, that NATIONSBA\,K believes that a PARTICIPATING ENTITY is in arrears. Such notice shall indicate the name of the PARTICIPATING ENTITY and the amount in arrears for the BILLING CYCLE. (iii)NATIONSBANK shall work with each PARTICIPATING ENTITY that is not included under section 2.C.(ii), above, to accommodate the electronic transmission of information as described in NATIONSBANK response to the RFP, between such PARTICIPATING ENTITY or its designated data processing facility and NATIONSBANK l Final (?jo"97) Page 7of 17 t L r 7 F ' i D. DISPUTES. NAT(ON'SBANIc will process DISPUTES upon receipt o[a written notice of a disputed item from an EMPLOYEE CARDHOLDER PRO(3P-kq -\D.�(INISTRATOR or the STATE PROGRAMAD,MIMSTRATOR, in accordance with b'isa's Rules and Regulations concerning valid DISPUTES, as in effect from time to time. NATIONSBANIC will issue temporary credits for DISPUTES that will reduce the outstanding balance due at the end of BILLING CYCLE for each PARTICIPATING ENTITY. E. Liability upon Termination of AGREEMENT. Any liabilityof a PARTICIPATIS-G K or NATIONSBANIi to a PARTICIPATING ENTITY or STATE, ENTITY' or STATE to NATIONSBAN which arises prior to the termination of this AGREEMENT, shall survive the termination of this AGREEMENT. F. NATIONSBANK acknowledges that STATE and PARTICIPATING ENTITIES are separate legal entities which are not legally responsible for each other's tordous conductor financial obligations. 3. RESPONSIBILITY FOR CHARGES. A PARTICIPATING ENTITY shall pay NATIONSBANK for all CHARGES on all EMPLOYEE CARDHOLDER ACCOUNTS and CARDLESS ACCOUNTS and such payment shall be made according to the settlement terms in Addendum A, except as modified by other provisions of this AGREEMENT. If a PARTICIPATINGENTITY meets all then existing requirements of Visa's Liability Waiver Program, then NATIONSBANK will process a claim on behalf of such PARTICIPATING ENTITY and issue a credit to the ACCOUNT once reimbursement is received from the Visa Liability Waiver Program administrator. FRAUDULENTUSE•Wil1 be reported to NATIONSBA K no later than (i) 60 days after the end of the BILLING CYCLE in which any such CHARGE first appears in the daily statement transmitted in accordance with section 2.C.(ii) for those PARTICIPATING ENTITIES which Process payments through the Department of Banking and Finance, or (ii) 60 days after the end of the BILLING CYCLE in which any such CHARGE first appears on the MEb(0 BILLING STATEMENT for any other PARTICIPATING ENTITY. If FRAUDULENT USE is not so reported, P4RTICIPATINGENTITY waives any right to dispute such Ct_a3GE. A.Final (,va.V97) Page 8 of 17 I- f r, f •1. RESPONSIBILITIES OF THE STATE PROGR.U[ ADmINisTRATOR AND PROCRLN[ ADMINISTRATOR(S). STATE will designate employee(;) (individually or collectively) in existing position($) to assiat NATIONSB.A.NT< and STATE in administering the PROGRA.M ca behalf of all PARTICIPATING ENTITIES. In addition, each PARTICIPATING ENTITY shall designate at least one employee to serve as PROGR-MADMIN'ISTR4TOR for that entity. STATE shall advise NATIONSBANK in writing as to an% changes of the individual($) named as STATE PROG[ZA.�,[ADMINISTRATOR(S), and each PART[C[PATIvc; ENTITY shall notify NATIONSBANh in writing as to any changes of the individual(s) named as PROGR L%[.-1D-N[;�rIS;RaT07S) for the respective entity. The STATE PROMUI ADMINISTRATOR(S) on behalf Of the STATE, and PROGR.IJI ADMINISTRATORS) on behalf of the PARTICIPATING ENTITY, shall perform the following duties, in addition to any other duties reasonably requested by NATIONSBANn and agreed to by STATE, with regard to the STATE PROGRA�,f ADN[INISTR4TOP, or by the respective PARTICIPATINGENTITY, with regard to PaRTICIPATINGENTITY. A. Be familiar with all aspects of the PROGRI.N[, including but not limited to, billing procedures;number and status of PURCHASING CARDS, and/or CARDLESS ACCOUNTS approved by STATE; status of EMPLOYEE CARDHOLDERS notice requirements; and, status of unpaid CHARGES. B. Promptly advise NATIONSBA_NK of an EMPLOYEE CARDHOLDERSs termination of employment with PARTICIPATINGENTITY as such termination is processed by PARTICIPATING ENTITY in accordance with PARTICIPATING ENTITYs standard personnel termination procedures. PARTICIPATING ENTITY shall take all reasonable actions necessary to collect PURCHASING CARDS issued to an EMPLOYEE CARDHOLDER whose employment has been terminated or whose ACCOUNT has been terminated. Such PURCHASING CARDS shall be cut in half and destroyed. Failure of PARTICIPATING ENTITY and/or its PROGR1MADb[INTSTR4TOR to give prompt notice to NATIONSB.A.NK of an EMPLOYEE CARDHOLDERS termination shall result in PARTICIPATING ENTITYs continuing liability to pay all CHARGES on the terminated EMPLOYEE CARDHOLDERSs ACCOUNT which are not covered by the Visa Liability Waiver Insurance Program (attached as Addendum B), except for FRAUDULENT USE, or DISPUT34z resolved in favor of PARTICIPATING ENTITY. A.Fi,W 1�09941 P7gd 9 cf 17 L T-- e� i C. Advise all Ex(PLOYEE CARDHOLDERS to contact NATIOVSBANrK immediately upon the discoveryof a lost or stolen PURCHASING CARD or CARD LESS ACCOUNT number, or contact NATIONsBANK on behalf of the EMPLOYEE CARDHOLDER in these instances. 5. PRICING. A PARTICIPATING ENTITY shall pay to NATIONSBANR fees in the amount set forth on the schedule attached as Addendum A to this AGREEMENT. 6. TERM OF AGREEMENT; DEFAULT. A. This AGREEMENT shall remain in full force and effect for a term of five (5) years from the date CHARGES initially commence pursuant to this AGREEMENT. STATE may elect to renew the AGREEMENT for up to an additional five (5) years pursuant to the RFP. All PURCHASING CARDS and C.IRDLESS ACCOUNTS shall be deemed canceled effective upon termination of this AGREEMENT. B. Notwithstanding the foregoing, NATIONSBANK may, at its option, terminate this AGREEMENT as it relates to one or more PARTICIPATING ENTITY(ENTITIES) by 30 days prior written notice to STATE and such PARTICIPATING ENTITY (ENTITIES) at any time after occurrence of any of the following events: (i) The failure of PARTICIPATING ENTITY or STATE to perform any term or condition of the AGREEMENT, (ii) The dissolution, consolidation, or merger of the State of Florida or a PARTICIPATING ENTITY who is not making payments through the Department of Banking and Finance, taken as a whole or the sale or other transfer of any substantial part of the State of Florida's or at least 25% of the PARTICIPATING ENTITY's assets; (iii) Any written statement, representation, or warranty of STATE made herein, or made by any PARTICIPATING ENTITY at any time and furnished to DIATIONS$ANK, untrue in any material respect when made;or, rl Final Page I0 of 17 t- f i.- f-- r T _I Ov) Funds for the connnuauo❑of the PROGR.Va are not appropriated by or for the PARTICIPATING E MTV or otherwise legally available to meet ics obli;ahons under this ACREEJIENT. However, in such event, the effective date of such term i nation 3ha11 not be until the funds are no longeravadable. C. All PURCHASING CARDS and materials furnished by NATIONSBANK to a PARTICIPATING ENTITY marked "proprietary" shall be returned to NATIONSBANK upon termination, suspension or discontinuance of the PROGRAM. STATE agrees that certain materials provided by NATIONSBANK are the proprietary product of NATIO:NSBANiC includire but not limited to reports, manuals, documentation, marketing materials, and ocher related materials. acceptance or possession of these materials constitutes an agreement that the materials will be treated confidentially,and will not be disclosed,copied or otherwise further disseminated to any person ocher than officers, emplovees or agents of a PARTICIPATING ENTITY on a "need to know" basis without prior written approval of NATIONSBANK, and shall be kept confidential for the duration of this PROGRAM plus an additional two vests. The confidentiality and records retention requirements specified in this subsection shall be subordinate to the public records disclosure and records retention requirements in Florida law which are in effect at the time a records request is made. D. Should any PARTICIPATING ENTITY which processes payments through the Department of Banking and Finance fail to pay any amount owed to NAT[ONSBAm: by the due date, then upon NATIONSBAN$'s request, STATE PROGRAU[ AD.�,fIV(STRATOR shall immediately request the Comptroller to exercise the authority under Section 17.03, Florida Statutes, to settle and approve said amount. T. TERtMIINATION. Should there be an adverse change in the financial condition of PARTICIPATING ENTITY or the State of Florida, which NATIG:NSBANK reasonably deems to be material, NATIONSBANK must discuss with the PARTICIPATING ENTITY and STATE possible cures. If, after discussion, there is no mutual agreement as to actions to be taken, then NATIONSBANn has the right to terminate this AGREEMENT as is applies to such PARTICIPATING ENTITY no earlier than 180 days after delivery of written notice to the PARTICIPATING ENTITY ot its intent to exercise this ri;hc provided, however; if PARTICIPATING ENTITY is in default hereunder. NAT[ONSB.A,,K may terminate pursuant to 6,B. above. A.Final 1'JOV901 Page I I of :7 I .. f 4 r -r Further, in any event NATINSBANtc has the nght to terminate this AGREEMENT with or without cause as it applies to a PARTICIPATING ENTITY no earlier Chan 130 days after delivery Of written notice to such PARTICIPATING ENTITY and STATE, Or in its entirety no earlier than 180 days after delivery of written notice to STATE. These rights of termination are in addition to N.AVONSBA_VIC; rights to termination set forth in Section 6. hereof. 8. NOTICES. All notices shall be in writing and shall be deemed duly given when personally delivered or mailed, first class postage prepaid or via overnight delivery service to the appropriate party-at the address set forth below or at such other address as the parties may indicate from time to time in writing. Notices shall be sent to: NATI�LVK STATE Attention:Commercial Card .. DepartmentofblanagementServices CreditlVlanager Attn: STATEPROG4�[AD,bIINI5TR4TOR 2 Commercial Place R Nod Floor 4050 Esplanade Way, Room 160 Tallahassee,FL 32399.0950 Norfollc,VA 23510 9. MISCELLANEOUS A. Financial Information. Each PARTICIPATING ENTITY shall deliver to NATIONSBANK as soon as available each year, a copy of its annual financial report and legally adopted budget. NATIONSBANK agrees to accept the Annual Financial Report of the Comptroller of the State of Florida prepared pursuant to Section 216.102, Florida Statutes, and the General Appropriations Act for the State of Florida, as the only reports required Pursuant to this subsection A. from a PARTICIPATING ENTITY which is covered therein. NATIONSBANK agrees to accept audited financial statements in lieu of an Annual Report from a PARTICIPATING ENTITY which is not covered by the Annual Financial Report of the Comptroller of the State of Florida and a copy of the P-1RTICIPATINGEN-rITj's legally adopted budget. B. Complete AGREEMENT; Waivers;Amendments. This AGREEMENT, the RFP and NATIONSBANK's response, which are hereby incorporated by reference, constitute the complete understanding between the parties with respect to the subject matter hereofand all Prior oral or written communications and agreements with respecc thereto are superseded. U there is a conflict among these documents the conflict shall be resolved by reference to these documents in the following order: this AGREEMENT, the RFP and NATIONSBANI s responses A Final I10117) Page 13 of 17 t- f l-- s n -r to the RFP. No failure on the part Ot'any party to exercise, and no delay in exercising any right under this AGREEMENT shall operate as a waiver thereof. nor shall any single or partial exercise of any right under the AGREEIENT preclude any other or further exercise thereof or the exercise of any other right. No alteration,amendment or mod it'cationof am•of the terms and provisions of this AGREEMENT shall be valid unless made pursuant to an instrument in writing signed by both of the parties. C. STATE Authority, Compliance with Law. The execution, delivery and performance of this AGREEMENT by STATE has been duly authorized by all necessary action on the part of STATE. STATE or PARTICIPATING ENTITY shall furnish to NAVONSBANK such evidence of action and authority as NATIONSBANh may reasonably request prior to the enrollment of a PARTICIPATING ENTITY. PARTICIPATING ENTITIES shall comply with all applicable laws or ordinances in connection with the use of the ACCOUNTS including, without limitation, accessing credit only up to the amount made available through respective appropriations. D. Successors and Assigns. AN the terms and provisions of the AGREEIENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. This AGREEMENT, and all terms and conditions hereof, is not assignable or transferable by STATE or PARTICIPATING ENTITY, except that if a PARTICIPATING ENTITY is merged with another unit of government which prior to the merger would qualify as a PARTICIPATING ENTITY, such PARTICIPATING ENTITY may continue to participate in the PROGRAM without prior consent of NATIONSB?.NW as long as the responsibilities under this AGREEIENT transfer to the successor entity. 10. GOVERNING LAW The validity, construction and enforceability of this AGREEMENT shall be governed by the laws of the State of Florida (without giving effect to the conflict of law principles thereof) and by applicable federal law. venue for litigation will take place in the county where the headquarters of the PA-RTICIPATING ENTITY is located. Nothing contained in this AGREEb[ENT, the RFP or NATIONSBANri's response to the RFP shall be construed to limit NATIONSBAN'h's, the STATE's or a PARTICIPATING ENTITY's rights which would otherwise be available Pursuant to federal law or regulations. A Fina 1"JO'991 Page 13 of 17 r, T I I. APPROPRIATION. The State of Florida's or a PARTICIPATING ENTITY'S performance and obligation to pay under this contract (AGREEMENT) is contingent upon an annual appropriation by the Legislature pursuant to Section 235.0532, F.S., or upon a dulv authorized appropriation being made on behalf of a PARTICIPATING ENTITY whose operating budget is not appropriated by the Legislature. Each PARTICIPATING ENTITY shall immediately notify NATIONSBAYNk in writing in the event that the Legislature or other body responsible For such appropriations fails to make the necessary appropriation(s). 12. REPRESENTATIONSAND WARRAU TY. The persons who sign this AGREENIENP represent and warrant that they are designated or authorized to enter their respective parties into a legally binding contract. 13. SHARED SAVINGS. A. On a monthly basis, NATIONSBANK agrees to pay STATE shared savings based on NET PURC1i4SE VOLnfE. The shared savings will be an amount equal to .42% (42 basis points) of NET PURCIUSE VOLME for the CALCULATION PERIOD. Such payment shall be electronically transferred to the STATE within 60 days after the end of such CALCULATION PERIOD according to instructions furnished by the STATE. NATIONSBAINK also agrees to be bound by the shared savings bonus clause in Addendum A. B. STATE and NATIONSBA.NTX agree to further negotiate in good faith an acceptable arrangement whereby the parties estimate the annual shared savings amount and permit NATIONSBANK to pay monthly to STATE and reconcile the difference on an annual basis with the amount due -a's a result of such reconciliation being promptly paid to the appropriate party. It is expressly agreed and understood that the results of such further negotiations may not result in an acceptable arrangement to both parties and therefore, the existing payment provisions in this section 13.A. would not be amended. 14. COb1MENCEiMENTOF PROCRkM. NATIONSBANK and STATE will each use best efforts to implement the PROGRANVI for the Department of Banking and Finance and the Department of-ManagementServices byJune 4, 1991. A.F, .l L"-'0"J971 Page Ia Of I I f ttg r r This AGREEMENT shall not be effective until accepted below by NATfONSB.avE. SIGNEDTHIS 4 DAYOF February 1997 BY: STATE FLORIDA DEPARTMENTOF APPROVED AS TO FORM AND ALOAG IENTSERVICES LEGALITY: (Signature) OFFICE OF GENERAL COUNSE William H. Lindner (Typed or Printed Name) Secretary (Title) ACCEPTEDTHIS 4 DAYOF February ,1997 BY: NATIONSBANK,N.A.(SOUTH) By: (Signature) Thmas L. Fria (Typed or Printed Name) Senior Banking Executive (Title) A:ei.�l I21avrm Pave I5 of IT 4- d 8— ea r, r 7 ADDEND UMA TO NATIONSBANK PURCI-L4SING CARD PROGRAM AGREEMENT WITH THE STATE OF FLORIDA TERMS FAccount MENT t Time Frame 30 day billing cycle plus 14 days until payment due date 4,h calendar day of each month or as 1 shown or. a schedule agreed to annually I thod EDI . NAMNsBANIc initiated Method ACH. PARTICIPATING ENTITY initiated ount Type Central pe Central FRetnieval ES d Design $ Not Applicable ee (Express Mail) $9.00 per express mail package nt Fee Not to exceeds. 215.422, F.S. Funds Fee $20.00 al Request $3.00 per request when no billing dispute Page 16 0,`17 r. r REPORTING OPTIONS Paper Reports No Cost Statement Billing File No Cost EDI 811 No Cost NATIONSBANK Visa Desktop Software One time software/set up fee: No Cost Monthly Data transmission (per end Point): No Cost Custom Programming Cost: No Cost Hours Programming at lNo Cost per hour with additional Programming at No Cost per hour. Shared savings bonus. Should PARTICIPATING ENTITIES that process their payments through the Department of Banking and Finance reach PROGRa:NI goals of at least the following: • Not more than 1 occurrence of non-payment by Payment Due Date in a 12 month period; • Cumulative Annual Purchasing Volume: 5340,000,000; • NumberofCards: • Average Transaction Size: Less than 9,300; • Roll out Timing/Rate: $300;and, 12 months. A shared savings bonus of an amount equal to .15% (15 basis points) of NET PURCI-L'tSE VOLUME based on the entities referred to above shall be earned by the STATE to the extent that NATIONSBANK's bad debt credit losses due to non-payment by P.4RTICIPkTING ENTITIES do not exceed 1% (100 basis points) of NET PURMASE VOLUME for such annual period. The shared savings bonus will be calculated annually and Paid within 60 days AGREEMENT. The annual period shall commence on June 1 and conclude on the following May 31 of each after the end of the annual period consistent with section 13. of this AGREE Year for purposes of the shared savings bonus calculations. Renegotiation. If after June 1, 1998, NET PURC1LaSE VOLUME exceeds the cumulative annual purchasing volume noted above, IIATIONSBANK agrees savings bonus for subsequent annual periods. It is expressly gr renegotiate the shared eed and the results of such further negotiations may not result in an acceptable arrangement to both parties and therefore, the existingshared savings bonus would not be amended. Pa;e 17ot 17 4- 1' CITY OF DANIA BEACH ' PURCHASING CARDS POLICIES AND PROCEDURES INTRODUCTION The City of Dania Beach Purchasing Program is designed to improve efficiency in processing low dollar value purchases from any vendor that accepts the Visa Credit Card. Many of our current suppliers, will accept the Visa credit card. This program will allow the cardholder to purchase approved commodities and services directly from our vendors. If a purchase order,check request or petty cash would have been processed, use of the purchasing card instead is probably appropriate. Each purchasing card is issued to a named individual and the City of Dania Beach is clearly indicated on the card as the Governmental buyer of goods and services. The Purchasing Agent will monitor the performance of the program. All questions or concerns should be directed to: Nanci Denny at extension 218 A. PURPOSE The purpose of these policies and procedures is to accomplish the following: I. To provide an efficient method of purchasing and paying for goods and services not exceeding$1,000 per purchase. 2. To ensure purchasing card purchases are in accordance with the City's ordinances, policies and procedures. PURCHASING CARDS POLICIES AND PROCEDURES L t r L e h T y 3. To reduce the time and cost spent processing low dollar transactions. 4. To ensure that the City bears no legal liability from inappropriate use of purchasing cards. 5. To provide for disciplinary action if the purchasing cards are misused. The policies and procedures provided herein are minimum standards for Departments. Departments may establish additional controls as they see fit for their particular operations. B. HOW IT WORKS The Purchasing Card system simplifies the procurement/disbursement process. Procurement responsibility is delegated to the ordering department enabling an authorized cardholder to place an order directly with the vendor. The purchasing card program provides enhanced control for all transactions by producing immediate decisions on specific authorization criteria as explained below. When a purchase authorization is requested by the supplier at the point-of-sale, the Visa Purchasing Card system validates the transaction against pre-set limits established by the employee's Department when the card is issued. All transactions are approved or declined (instantaneously) based on the Purchasing Card authorization criteria established. The authorization criteria may be adjusted periodically as needed and may include, but is not limited to, the following: Number of transactions allowed per day Number of transactions allowed per month Single purchase limit(not to exceed $1,000) Monthly spending lilmit Approved Merchant Category Codes The authorization process occurs through the electronic system that supports the Purchasing Card processing services under the City of Dania Beach's bank agreement with Nations Bank Visa. PURCHASING CARDS POLICIES AND PROCEDURES 2 r F 7' 7 I C. WHAT IF THE SUPPLIER DOES NOT ACCEPT CREDIT CARDS? The Purchasing Card System is new, in terms of Governmental use. You may find suppliers that do not accept credit cards when you first contact them. If this happens, you have several options: I. Thank the supplier for their time,and find one that will accept your order. 2. Ask the supplier if they are interested in obtaining the ability to accept credit cards. If the answer is yes, notify the Purchasing Agent with a contact name and phone number. 3. Make the purchase using the standard order procedure. D. WHO DOES WHAT? The following is a summation of the responsibilities of the individuals and organizations involved in the Purchasing Card system. Cardholder: I. Holds and secures purchasing card 2. Orders materials and services 3. Collects and saves sales receipts 4. Issues a requisition for any purchase over$50,using the appropriate account code 5. Reviews monthly statements for validity of all transactions 6. Handles disputed items/submits"questioned items" form 7. Forwards statement and supporting receipts to Department Head for payment approval. Department Director: 1. Requests purchasing cards for designated employees 2. Sets departmental spending limits within established guidelines 3. Reviews and signs monthly billing statements with attached receipts and forwards them to accounts payable. 4. Collects and returns to the Finance Department cards from cardholders who terminate employment. 5. Evaluates the need to cancel or reissue cards when employees transfer. PURCHASING CARDS POLICIES AND PROCEDURES 3 t- f ' T 7 6. Notifies the Purchasing Agent when cards are not collected from terminated employees. Purchasing Division: 1. Coordinates issuance and cancellations of cards. 2. Coordinates program policy issues. 3. Participates in ongoing program reviews. 4. Participates in resolving billing disputes. 5. Coordinates and maintains internal controls. 6. Maintains Policy and Cardholder guides/manuals. 7. Targets new cardholder's and expanded use of card. 8. Establishes and monitors benchmarking objectives. 9. Pursues supplier discount opportunities. 10. Evaluates Purchasing Card feedback from suppliers. 11. Conducts periodic operational and compliance audits. 12. Administers 1099 reporting. 13. Receives approved monthly statements from all card holders and confirms that all charges are authorized by department heads. 14. Receives consolidated statement from Purchasing Card issuer. 15. Notifies Departments when approved monthly statements are not received. Accounts Payable 1. Pays all monthly charges from consolidated statement. 2. Files/stores statements,receipts,etc. POLICIES AND PROCEDURES A. ASSIGNMENT AND CONTROL OF THE PURCHASING CARD a. Purchasing cards will be issued to individual employees who frequently purchase goods and services in single purchase amounts of$1,000 or less. Generally,these will be the employees authorized to make departmental purchases. PURCHASING CARDS POLICIES AND PROCEDURES 4 f V 4- 7 F ' / b. The purchasing card will have the employee's name,the City name and tax exempt number, the account number, and an expiration date. The purchasing card issuing company will not have individual cardholder information other than the cardholder's work address. No credit records, social security numbers,etc. of the cardholder are maintained. c. All requests for purchasing cards must be made by the Department Director. d. All reques6ts for new cardholders or for changes to current cardholders will be made by submitting a request form to the Purchasing Agent. e. When the Purchasing Agent receives a Purchasing Card from the issuing card company,the cardholder will be required to personally take receipt of the card and sign a certification and receipt form. The cardholder will be given a copy of the purchasing card Policies and Procedures guide and an oral review of the program. f. The Purchasing Agent will notify the requesting department and the Accounting Division upon issuance of all purchasing cards. g. If the card is lost or stolen,the cardholder must immediately notify the card company and the Purchasing Agent. It. The Department Director must collect the card and return it to the Finance Department when an employee terminates. If he/she is not able to collect the card, the Purchasing Agent should immediately be notified so that the card can be canceled. i. Bi-annually,in September and in April, the Purchasing Agent will provide to each department a list of all purchasing cards issued to its employees. Departments should conduct a physical inventory of the cards and report any discrepancies to the Purchasing Agent. j. The card may only be used by the employee whose name is on the card. k. The card may only be used for authorized City purchases and may not be used for personal reasons. I. Purchases are limited to$1,000 per single transaction and $5,000 during any billing period. Purchasing limits may be revised subject to the approval of the PURCHASING CARDS POLICIES AND PROCEDURES 5 f r -r Finance Director. The Department Director approving the assignment of a purchasing card may set limits for each cardholder, however, they cannot exceed the maximum stated above. m. The cardholder will prepare a requisition to Nations Bank for any purchase over$50.00 (or the existing limits as defined in the Purchasing Manual.) All purchasing rules still apply including formal and informal bidding requirements as well as rules related to travel and per diem. n. One purchase may be made of multiple items, but the invoice cannot exceed $1,000 or the cardholder's limit if less than $1,000. Payments for purchases shall not be split in order to stay within the single purchase limit. o. All items purchased,over the counter or by telephone must be immediately available. No back ordering is allowed when using the purchasing card. All phone orders must be delivered by the vendor during the 30-day billing cycle. p. The following types of items may not be purchased with a purchasing card, regardless of the dollar amount: Gasoline and oil,except when traveling out of town. Receipts must be attached to the travel reimbursement form. Vehicle repairs Cash advances Capital equipment Any additional goods or services specifically restricted by the Department. q. When an over the counter purchase is made,the cardholder must obtain the customer's copy of the charge slip and make sure all carbons are destroyed. If for some reason the cardholder does not have documentation of the transaction to send with the statement,he/she must attach a description of the purchase. Continued incidents of missing documentation will result in the cancellation of the employee's purchasing card. r. The purchasing card company will mail an individual billing statement to the cardholder at his/her office and one consolidated statement for all cardholders to the Purchasing Agent. This statement will list all transactions processed PURCHASING CARDS POLICIES AND PROCEDURES 6 1 f r -r r� during the previous 30 days.The cardholder must review the statement and note any errors or disputed purchases. Charge card slips and receipts for all items listed on the statement should be attached to the statement and forwarded to purchasing for processing within five (5) working days after receipt, The statement must be reviewed and approved by the Department Director. It is important that the City meet it's obligation to the Purchasing Card vendor, therefore, noncompliance with the five(5)working day deadline may result in the revocation of purchasing cards at the discretion of the Finance Director. s. Defective merchandise or faulty service purchased with the purchase card must be returned to the vendor for replacement or credit by the cardholder. The service provider must be notified and asked to correct the situation or provide a credit. Any disputed item must be explained, in writing,to the Purchasing Agent when the purchase is invoiced. Time frames and documentation requirements established by the purchasing card issuer must be followed to protect the cardholder's rights in dispute. Dispute policies and procedures issued by the purchasing card company will be provided at the time the card is issued to the cardholder. t. Individual department directors should periodically review purchasing card expenditures to ensure that purchased goods or services were necessary,that they were for City use only,and that all City purchasing policies and procedures were complied with. u. Serious or repeated misuse of the purchasing card will result in the revocation of the card. Employees incorrectly using their purchasing card will be disciplined by the Department Director on a case-by-case basis. PURCHASING CARDS POLICIES AND PROCEDURES 7 f