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HomeMy WebLinkAboutR-02-1044J-02-833 9/12/02 02-1044 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PROCUREMENT OF PERSONAL COMPUTERS, MONITORS, TERMINALS, ASSOCIATED HARDWARE AND SOFTWARE, INSTALLATION SERVICES, AND MAINTENANCE SERVICES, FOR THE DEPARTMENTS OF POLICE, FIRE RESCUE AND INFORMATION TECHNOLOGY FROM VARIOUS VENDORS, UNDER EXISTING STATE OF FLORIDA CONTRACT NOS. 250- 040-99-1, EFFECTIVE UNTIL SEPTEMBER 30, 2002, CONTRACT NO. 9730561-03-1 EFFECTIVE UNTIL JULY 17, 2003, CONTRACT NO. 252-024-01-1, EFFECTIVE UNTIL MARCH 22, 2004, CONTRACT NO. 250-00-03-1, EFFECTIVE UNTIL JULY 31, 2005, CONTRACT NO. 255-001-01-1, EFFECTIVE UNTIL JANUARY 31, 2004, SUBJECT TO ANY FURTHER EXTENSIONS BY THE STATE OF FLORIDA AND FAIRFAX COUNTY, VIRGINIA CONTRACT NO. RQ00- 341360-16A-G, EFFECTIVE UNTIL APRIL 30, 2003, SUBJECT TO ANY EXTENSIONS, FOR A TOTAL AWARD AMOUNT NOT TO EXCEED $75,000; ALLOCATING FUNDS FROM THE E-911 ACCOUNT CODE, NO. 196002.290461.6.850 BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The procurement of personal monitors, terminals, associated hardware and computers, software, CITY GORMI3SION bt=Tlw ' SEP 2 6 2002 RvaWnfion No. *'O 2-1044 installation services, and maintenance services, for the Departments of Police, Fire Rescue and Information Technology, from Various Vendors, under existing State of Florida Contract No. 250-040-99-1, effective until September 30, 2002, Contract No. 9730561-03-1, effective until July 17, 2003, Contract No. 252-024-01-1, effective until March 22, 2004, Contract No. 250- 00-03-1, effective until July 31, 2005, Contract No. 255-001-01-1 effective until January 31, 2004, subject to any extensions by the State of Florida, and Fairfax County, Virginia Contract No. RQ00-341360-16A-G, effective until April 30, 2003, subject to any extensions by Fairfax County Virginia, is authorized, for a total award amount not to exceed $75,000, with funds allocated from the E-911 Account, Code No. 196002.290461.6.850. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 3 02-1044 PASSED AND ADOPTED this 26th ATTEST: PRISCILLA A. THOMPSON CITY CLERK nDR77 VIL ATTORNEY W6576:tr:AS:BSS day of September , 2002. *EL A. DIAZ, MAYO FO D CORRECTNESS:IJ Page 3 of 3 2 0-1044 CITY OF MIAMI, FLORIDAm4 �_CA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members DATE: S`P i L FILE: Of The City Commission SUBJECT: Replacement Computer Hardware and Software Acquisition FROM: REFERENCES: *CityManag ez ENCLOSURES: Recommendation It is respectfully requested that the City Commission approve the attached resolution authorizing the City Manager to purchase personal computer, monitors, terminals, associated hardware and software, installation services, and maintenance services for use by Police and Fire department from various vendors under State of Florida Contract numbers 250-040-99-1, 973-561-03-1, 252- 024-01-1, 250-000-03-1, 255-001-01-1 and U.S. Communities Contract RQ00-341360-16A-G and any extensions and addenda in an amount not to exceed $75,000. Funds are allocated from 196002.290461.6.850. Back -around The Police Communications Center and Fire Alarm office use poll/select terminals to dispatch Fire and Police personnel to incidents and alarms. The terminals in the dispatch area are between 5 and 20 years old. The outside frame of the terminal is removed so that the monitor can fit in the console. Availability of terminals is limited and only refurbished terminals can be purchased. Many of these refurbished terminals need adjustment before they can be successfully deployed. The terminals are dangerous to work with and have become a safety issue with technicians being shocked while installing or working on the terminals. Additionally, the communications protocol used by these terminals is poll/select. This communications protocol limits the upgradeability of the mainframe operating system (MCP) where the dispatch systems reside. The operating system upgrade needs to occur by 2003 for maintenance support to continue on the mainframe. The equipment that presently supports the poll/select devices requires a separate monthly maintenance fee. This cost can be saved by the replacement of this equipment with terminals or PC's that allow for TCP/IP communications protocol. Theses devices will additionally increase the transmission speed to 10 mbs. from the current 19.2 kbs, a 500 fold increase in performance. The replacement of the terminals with PC's in the Fire Alarm office will also allow software such as the Medical Priority Dispatch System, PRO QA, to be purchased and utilized. This software program will improve the processing of citizen emergency 911 calls and life saving pre -arrival instructions. Therefore, the Police, Fire and Information Technology departments are recommending that the City Commission authorize the replacement of this equipment in the most expeditious manner possible. FiscalNEJ � CAG:RJN:A : :amk 02-1044 1. Department POLICE / FIRE 2. Agenda Item # (if available) Budgetary Impact Analysis Division ADMINISTRATION 3. Title and brief description of legislation or attach ordinance(resolution: A Resolution audiorizrng the City MaWer to purchase personnel computer: monitors, terminals, associated hardware and software installation services, and maintenance services for use by Police and Fire Departments from various vendors under State of Florida Contrail Numbers 250-040-99-1, 973- 561-99-1, 250-050-97-1, 252-001-97-1, and U.S. Communities Contract RQ(O-341360-16A. in an amount not to exceed $75,000. 4. Is this item related to revenue? NO: XXX YES of yes, skip to item # 7.) 5. Are there sufficient funds in Line Item? YES: XXX Index Code Minor Obi. Code Amourrt NO: _ Complete the following questions: OTHER: E-911 Account Code No. 196002.290461.6.850 6. Source of funds: Amount budgeted in the Line Item $ 7. s. Balance in Line Item $ Amount needed in the Line Item $ Sufficient funds will be transferred from the following line items: ACTION ACCOUNT NUMBER ACCOUNT NAME TOTAL IndadMinor 9bjedAPmject Na From $ From $ From $ To $ Any additional comments? ZZ 1"„ FOR DEPARTMENT OIF WANAGEMEATAND UDGE7 Verified by: Verified by: D%wfine t of Management and Budget Budget Analyst DirectodDesignee F JSE ONLY Transfer done by: FP Z 02-1044 ,)2-5)0L 250-040-99-1 = Computers: Client Server Systems Computers: Client Server Systems 250 -040 -99 - Effective: 7/1/98 through 9/30/02 Certification Special Conditions Specifications Price Sheet Ordering Instructions Revisions Complete Contract Contractors 3Com Corporation ABC Computers, Inc. Acer America Alcatel American Power Conversion Amherst Corporate Computer Apple Computers, Inc. Avaya, Inc. Cisco Systems, Inc. Comark Government & Education Sales Compaq Computer Corporation Dell Marketing L.P. Enterasys Networks Sales and Service, Inc. Executive Source http://www.execsource.com/sfl2Ooo Extreme Networks Foundry, Networks Gateway Companies, Inc. Hayes Computer Systems Hewlett-Packard Company Howard Computers IBM Lexmark International Marconi Communications NEC Computers, Inc. Network Appliance Nortel Networks USA, Inc. Pomeroy Computer Resources, Inc. Premio Computers Florida, Inc. http://www.myflorida.com/st—contracts/250040991/ Page 1 of 2 hitp://www.3com.com hitp://www.abc2000.com http://www.acer.com/us htip://www.ind.alcatel.com/ http://www.apcc.com hLtp://www.amherstl.com ho://www.apple.com hitp://www.avaya.com ho://www.cisco.com hqp://www.comarkia.co http://www.compaq.Com hiip://www.dell.com http://www.enteras, sy com www.extremenetworks.com htip://www.foundrynet.com http://www. ag t� eway.com http://www.hcs.net bttp://www.hp.com hap://www.howardcomputers.com http://www.ibm.com http://www.lexmark.com http://www.marconi.com hLtp://www.nec-computers.com http://www.ng=.com hap://www.nortelnetworks.com biLtp://www.pomeroy.com http://www.premiWc.com 02-1044 29/ 02 250-040-99-1 = Computers: Client Server Systems Page 2 of 2 F Silicon Graphics Computer Systems http://www.s ig com Southern Computer Supplies, Inc. http://www.southemcomputers.com Sun Microsystems Federal, Inc. http://www.sun.com TekResource Service Corporation http://www.trscnow.com Unisys Corporation hap://www.unisys.com Visara, Inc. http://www.visara.com 02-1044 http://www.myflorida.conVst—contracts/250040991/ 7/29/2002 [Contract Number] -- Vendor Information Computers: Client Server Systems 250-040-99-1 Page 1 of 1 Vendor Information 3Com Corporation http://www.3com.com ABC Computers, Inc. http://www.abc2000.com Acer America htip://www.acer.com/us Alcatel http://www.ind.alcatel.com/ American Power Conversion http://www.apcc.com Amherst Corporate Computer ho://www.amherstl.com Apple Computers. Inc. hap://www.apple.com Avaya. Inc. http://www.avaya.com Cisco Systems, Inc. http://www.cisco.com Comark Government & Education Sales http://www.comarkc4.com/ Compaq Computer Corporation http://www.compaq.com Dell Marketing L.P. http://www.dell.com Enterasys Networks Sales and Service Inc. http://www.enterasys.com Executive Source http://www.execsource.com/sfl2000 Extreme Networks www.extremenetworks.com Foundry Networks http://www.foundrynet.com Gateway Companies. Inc. hLtp://www.gatew4y.com Hayes Computer Systems hU://www.hcs.net Hewlett-Packard Company htip://www.hp.com Howard Computers http://www.howardcomputers.com IBM http://www.ibm.com Lexmark International hLtp://www.lexmark.com Marconi Communications http://www.marconi.com NEC Computers, Inc. htip://www.nec-computers.com Network Appliance hhtt ://www.nei=.com Nortel Networks USA. Inc. http://www.nortelnetworks.com Pomeroy Computer Resources. Inc. http://www.pomeroy.com Premio Computers Florida, Inc. hnp://www.premigpc.com Silicon Graphics Computer Systems hLtp://WWW.SP-i.com com Southern Computer Supplies. Inc. http://www.southemeomputers.com Sun Microsystems Federal. Inc. http://www.sun.com TekResource Service Corporation http://www.trscnow.com Unisys Corporation http://www.unisys.com Visara. Inc. http://www.visara.com 02-1044 hq://www.myflorida.com/st—contracts/250040991/order.htm 7/29/2002 Suite 315 Page 1 of 3 Suite 315 CERTIFICATION OF CONTRACT TITLE: Computers: Client Server Systems CONTRACT NO.: 250-040-99-1 BID NO.: 31-250-040-B ORIGINAL EFFECTIVE DATE: July 1, 1998 through June 30, 1999 1St RENEWAL: July 1, 1999 through June 30 2000 2nd RENEWAL: July 1, 2000 through June 30, 2001 EXTENSION: July 1, 2001 through December 31, 2001 EXTENSION January 1, 2002 through September 30, 2002 (Rev 29) CONTRACTOR(S): See Attached SUPERSEDES: 250-040-96-1 ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF DAVID COMER AT (850) 487-4196 SUNCOM 2774196, E-MAIL mailto•comerd@dms.state.fl.us A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services on June 30, 1998, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Client Server Systems by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the Division of Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PLR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for improvements in the contract to the Division of 02-1044 hnp://www.myflorida.com/st contracts/250040991/certification.htm 7/29/2002 Suite 315 Purchasing for receipt no later than 90 days prior to the expiration date of this -contract. Authorized Signature DC/lmb Attachments Page 2 of 3 o2-1044 http://www.myflorida.com/st contracts/250040991/certification.htm 7/29/2002 Suite 315 Page 3 of 3 02-1044 hq://www.myflorida.com/st—contracts/250040991/certification.htn n 7/29/2002 CONTRACTORS: -- 3Com Corporation (A) ABC Computers, Inc. (A) (Rev 30 Jun 99) Acer America (A) Alcatel (A) (Rev 6 Dec 99) American Power Conversion (A) Amherst Corporate Computer Sales (A) (Rev 1 Apr 99) Apple Computer, Inc. (A) (Rev 20 Dec 99) Avaya, Inc. (A) (Rev 28 Nov 00) Cisco Systems, Inc. (A) Comark Government & Education Sales (A) Compaq Computer Corporation (A) Dell Marketing L.P. (A) (Rev 6 Dec 99) Enterasys Networks Sales Service, Inc. (A) (Rev. 28 Dec. 00) Executive Source, Inc. (A) (Rev 8 May 00) Extreme Networks (A) (New 16 Nov 01) Foundry Networks (A) (New 15 May 02) Gateway 2000 Major Accounts, Inc. (A) Hayes E -Government Resources, Inc. dba Hayes Computer Systems (M) Hewlett Packard Company (A) Howard Computers (A) (New 20 Feb 02) International Business Machines (A) Lexmark International (A) (Rev 1 Aug 00) Marconi Communications (A) (Rev 6 Mar 00) NEC Computer Systems Division, Packard Bell NEC, Inc. (A) Network Appliance (A) (Rev 28 Nov 00) Nortel Networks USA, Inc. (A) Pomeroy Computer Resources, Inc. (A) Premio Computers Florida, Inc. (A) (Rev 28 Sep 99) Silicon Graphics Computer Systems (A) Southern Computer Supplies, Inc. (B) Sun Microsystems Federal, Inc. (A) TekResource Service Corp. (A) (Rev 20 Oct 00) Unisys Corporation (A) Visara, Inc. (A) (Rev 1 Aug 00) Page 3 of 3 02-1044 hq://www.myflorida.com/st—contracts/250040991/certification.htn n 7/29/2002 SPECIAL CONDITIONS SPECIAL CONDITIONS PURPOSE Page 1 of 14 The purpose of this bid is to establish a 12 month contract for the purchase of client server systems by all State of Florida agencies and other eligible users in accordance with Eligible Users paragraph, General Conditions. It is anticipated that the contract will be effective from July 1, 1998 through June 30, 1999 . ESTIMATED QUANTITIES It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately $250,000,000 under any contract resulting from this bid. These estimated figures are given only as a guideline for preparing your bid and should not be construed as representing actual figures under the contract. ADDITIONAL ELIGIBLE USERS In addition to "Eligible Users" paragraph, General Conditions, use of State contracts shall be available to Federal agencies and private non-profit educational facilities as defined in Section 240.605, Florida Statutes, which may desire to purchase under the terms and conditions of the contract. OPTIONAL CONTRACT USAGE In addition to the eligible users referenced above and with the consent of the successful bidder(s) purchases may be made under the terms and conditions of this Invitation to Bid/Request for Proposal, by governmental entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. SPECIAL ACCOMMODATION Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least five (5) workdays prior to the bid opening. If you are hearing or speech impaired, please contact State Purchasing by using the Florida Relay Service which can be reached at 1 (800) 955-8771 (TDD). ACCEPTABLE EQUIPMENT Bid shall be for new equipment only. Newly manufactured (containing used or rebuilt parts), remanufactured, rebuilt, reconditioned, newly remanufactured, used, shopworn, demonstrator or prototype equipment is not acceptable and will be rejected. LIMITATION OF REMEDIES Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non-performance of machines or programming (other than licensed programs) furnished under this Agreement, the State's remedy is (a) the adjustment or repair of the machine or replacement of its parts by Contractor, or at Contractor's option, replacement of the 0'2-1044 http://www.myflorida.com/st—contracts/250040991/conditions.htm 7/29/2002 SPECIAL CONDITIONS Page 2 of 14 machine or correction of programming errors, or (b) if, after repeated efforts; =Contractor is unable to install the machine or a replacement machine, model upgrade or feature ingood working order, or to restore it to good working order, or to make programming operate, all as warranted, the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. For any other claim concerning performance or non-performance by Contractor pursuant to, or in any other way related to the subject matter of, this Agreement or any order under this Agreement, the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. If this contract is for purchase of machines, then the following shall apply. Contractor's entire liability for damages to the State for any cause whatsoever, and regardless of form of action, whether in contract or in tort including negligence, shall be limited to the greater of $100,000 or the appropriate price stated herein for the specific machines that caused the damages or that are the subject matter of or are directly related to the cause of action. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in the General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by Contractor's negligence or tortious conduct. If this contract is for the purchase of hardware maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal to 12 months maintenance charges for the specific machines under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific machines when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the State for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tortious conduct. If this contract is for purchase of software maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action,whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal to 12 months maintenance charges for the specific software product under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific software product when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims by the State for personal injury or damage to real property or tangible personal property caused by Contractor's negligence or tortious conduct. If this contract is for the acquisition of licensed programs, including personal computer licensed programs, then the following shall apply: Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non-performance of licensed programs furnished under this Agreement, the State's remedy is (1) the correction by the Contractor of licensed program defects, or (2) if, after repeated efforts, the Contractor is unable to make the licensed program 02-1044 http://www.myflorida.com/st—contracts/250040991/conditions.htm 7/29/2002 SPECIAL CONDITIONS Page 3 of 14 operate as warranted, the State shall be entitled to recover actual damages to =the limits set forth in this section. For any Ether claim concerning performance or non-performance bylhe Contractor pursuant to, or in any way related to, the subject matter of this Agreement the State shall be entitled to recover actual damages to the limits set forth in this section. Contractor's liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to the greater of $100,000 or the one time charges paid for, or any monthly license or initial license charges which would be due for 12 months use of the licensed program that caused the damages or that is the subject matter of, or is directly related to, the cause of action and shall include any initial or process charges paid to the Contractor. This limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties" or to (b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by the Contractor's negligence or tortious conduct. Contractor shall hold and save the State harmless for any and all suits and judgments against the State for personal injury or damage to real or tangible personal property caused by Contractor's tortious conduct in the performance of this Agreement provided that, (a) the State promptly notifies Contractor in writing of any claim, and (b) Contractor shall be given the opportunity, at its option, to participate and associate with the State in the control, defense and trial of any claims and any related settlement negotiations and, provided further, that with respect to any claim, or portion thereof, for which Contractor agrees at the initiation of such claim that Contractor shall save and hold the State harmless, Contractor shall have the sole control of the defense, trial and any related settlement negotiations, and (c) the State fully cooperates with Contractor in the defense of any claim. In no event, however, will Contractor be liable for (a) any damages caused by the State's failure to perform the State's responsibilities, or for (b) any lost profits or other consequential damages, even if Contractor has been advised of the possibility of such damages, or for (c) any claim against the State by any other party, except as provided in the hold harmless provision of the preceding paragraph of this Special Condition and except as provided in the General Condition entitled "Patents and Royalties", or for (d) any damages caused by performance or non-performance of machines or programming located outside the United States or Puerto Rico. SOFTWARE LICENSE Bidder shall grant to the customer a non-exclusive/non-transferable license to use all software procured from the contract resulting from this Invitation To Bid. Use of this software is subject to the following provisions: 1. Copyrighted software provisions are contained in the General Condition entitled "Patents and Ro 2. Title to the software shall remain with the titleholder. 3. Customer may reproduce one (1) copy of each diskette based software package procured that is n protected, for archival and backup purposes only. Copyright and any proprietary notices shall be included on the backup copies. 4. Software that is provided on diskette for user work stations shall be supplied as one (1) copy per station ordered, unless site licenses or volume discounts have been offered by the bidder and so o by the customer. 5. Software that is provided on the system and is down loaded to workstations, shall include a backs with documented procedures for reloading in event of software becoming unusable by either a sy malfunction or operator error. 02-1044 http://www.myflorida.com/st—contracts/250040991/conditions.htm 7/29/2002 SPECIAL CONDITIONS Page 4 of 14 6. Software updates or enhancements shall be made available to the customer in accordance with th, Special Condition entitled "Addition/Deletion/Change". 7. Bidder shall provide for exchange of software provided on copy protected diskettes in event the distribution diskette is rendered unusable through either operator error or system malfunction. Ex of software shall not include operator attempts to copy protected software. 8. Bidder shall indicate on the software pricing sheets if there is any cost associated with items 4 tht above. 9. The customer shall be responsible for: a) software selection to achieve the customers intended re, use thereof, and c) all results obtained there from. 10. Software may be used on only the single central processing unit (CPU) or system configuration f which the software was acquired. The software may be used on another single CPU or system configuration on a temporary basis when the primary CPU or system are inoperable due to hardw failure. 11. Customer shall not make the software available in any form to third parties. Only the customer's employees directly concerned with the licensed use of the software, shall have access to the softy 12. Contractor shall retain the option to terminate software licenses granted in accordance with this s, and require return of the software and all copies thereof if the customer fails to comply with the 1 provisions. 13. Customer shall not reverse assemble or reverse compile licensed software in whole or in part. 14. Contractor shall warrant the media on which the software is furnished, to be free from defects in materials and workmanship under normal use for a period of 90 days from date of receipt by the customer. 15. Software that is bid on as "AS IS" basis does not include any warranty of performance or quality, that the media warranty included within this section shall apply. This type of software if bid shall specifically identified on the price sheets. 16. Software documentation may not be copied without the express prior written approval of the coni or titleholder as may be appropriate. CERTIFICATION All certifications required in this bid must be completed and returned with your bid. Failure to comply with this requirement shall result in disqualification of bid. MANUFACTURER'S CERTIFICATION In the event a bid is submitted by other than the equipment manufacturer, a certification executed by the manufacturer shall be required stating the bidder is an authorized representative of the manufacturer. The manufacturer's certification must be executed by the manufacturer's representative authorized to bind all the manufacturer's branches, dealers/resellers, and/or service establishments. Dealers/resellers are not authorized to sign this certification on behalf of the manufacturer. Failure to submit this certification with your bid shall result in disqualification of the bid. CONTRACT DUPLICATION Bidders currently awarded equipment on any other State contract shall identify those products, if duplicated anywhere within this bid. The State reserves the right to delete duplicated equipment from this and/or other contracts. Deletion will occur only if the bidder's equipment is awarded on this contract. 02-1044 h4://www.myflorida.com/st—contracts/250040991/conditions.htin 7/29/2002 SPECIAL CONDITIONS Page 5 of 14 LEASE PROVISIONS Each purchaser will be authorized to enter into a contract for equipment by issuance of a purchase order referencing the contract number. The manufacturer's lease agreement form will not be used since a contract resulting from this bid and the purchase order will constitute the complete agreement. Since the State Comptroller's prior approval is required for State Agencies to enter into or extend either lease or installment purchase agreements, State agencies are cautioned to review the Comptrollers latest memorandum addressing leases and installment purchase of equipment. A. RISK OF LOSS OR DAMAGE The purchaser shall be relieved from risks of loss or damage to all equipment leased du period of transportation, installation, and during the entire time the equipment is possession of the purchaser except when loss or damage is due to fault or negligent purchaser. B. TERM Lease period shall be based on the projected needs of the agency and/or the period deterr be the most economically prudent and cost effective. Lease cost basis shall be equal to c that for that equipment on State contract. Lease agreements shall be effective on the date of acceptance of the equipment. The acceptance is that date on which the equipment is installed at the agreed to purchaser loca the equipment is certified ready for use by the contractor and accepted by the purcl installed and in good working order. Lease agreements shall terminate upon completion of the specified lease agreement p, upon purchase utilizing equity accruals if applicable. Purchase of leased equipment agencies requires prior approval as a contract exception through State Purchasing. Upon mutual agreement with the contractor, the purchaser shall have the option to exi current lease agreement by giving written notice 30 days prior to the end of the initial lea without prior approval of State Purchasing, provided the following conditions are met: 2. Terms and conditions of extension must be the same as those in the current State contract. Any exception to the above conditions requires prior approval by State Purchasing. Please note that for the purpose of this bid and resulting contract, extension is the term used for that period that follows the end of the initial lease term. There is no provision for renewal which would follow the extension. C. CANCELLATION 02-1044 http://www.myflorida.com/st—contracts/250040991/conditions.htm 7/29/2002 SPECIAL CONDITIONS Page 6of14 1. The provisions of Cancellation Paragraph, General Conditions, do not apply to eq leased under this contract. 2. A lease agreement may be canceled at any time during the lease period by the pu A thirty (30) day cancellation notice will be required of the purchaser in writ money due the contractor for the remainder of the lease agreement period will be payable upon completion of the equipment removal, except in documented c nonperformance by the vendor. 3. Upon cancellation of a lease agreement by the purchaser without cause the equipir be returned to the contractor with transportation at the purchaser's expense as removal charges if applicable. TECHNICAL DOCUMENTATION All products bid must meet or exceed all conditions and specifications of the Invitation to Bid (ITB). When technical documentation is required by this ITB, its purpose is to demonstrate compliance of the product bid with applicable technical requirements of the ITB and to allow a technical evaluation of the product. Failure to provide the required technical documentation with the bid submittal shall make the bidder nonresponsive, unless State Purchasing, in its sole discretion and in the best interest of the State, determines the acceptability of the products offered through technical documentation available within State Purchasing as of the date and time of bid opening. Such authority of State Purchasing shall in no way relieve the bidder from the ultimate responsibility to submit the required technical documentation, nor shall any bidder assume that such documentation is otherwise available to State Purchasing. The State shall not be responsible for the accuracy of the technical documentation in its possession. DELIVERY REQUIREMENTS All prices bid shall include delivery to purchaser within 30 days or less after receipt of purchase order. DATE OF ACCEPTANCE The date of acceptance is that date on which the equipment is installed at the agreed to purchase location, the equipment is certified ready for use by the contractor and is accepted by the purchaser as installed and in good working order. The purchaser shall certify in writing to the contractor when the equipment is accepted at which time title shall transfer. For equipment designated as customer installed, the date of acceptance shall be the delivery date, provided the purchaser has not specified contractor installation on the purchase order. INSTRUCTION MANUAL Contractor shall be required to furnish an instructional manual for each unit ordered. Bulletins, revisions and corrections shall be supplied to each manual as they are issued by the manufacturer. Each manual shall contain; definition of equipment capabilities, technical description of equipment operation, description of malfunction identification and troubleshooting procedures, detailed schematic, installation and use instructions. SOFTWARE USER MANUALS One (1) copy of the operating system software manual must be provided with software ordered from any contract resulting from this bid. Additional copies of software manuals must be available from the http://www.myflorida.com/st—contracts/250040991/conditions.htin 02-1044 7/29/2002 SPECIAL CONDITIONS contractor. OPTIONAL COMPONENT PURCHASES Page 7 of 14 Purchases of optional components totaling less than $1,000 may be made by an agency at its discretion on a local basis rather than under any contract resulting from this bid. This condition shall not be used to circumvent this contract. AUTHORIZED TECHNICIANS All work contracted for shall be performed by factory trained technicians. Technicians working under the direct supervision of a factory trained technician are permitted. A copy of the technician's certification shall be made available by the contractor upon request by State Purchasing. BID TABLES The appropriate Bid Table shall be completed for each category of product bid. The information to be completed on the Bid Table includes: Product manufacturer Vendor / bidder Standard Delivery Time in Days Which the Vendor Can Perform (not to exceed 30 days) Manufacturer and Description of Products Bid Bid percentage for Category Products as well as Balance of Line Products Bid; either, Cost Plus/Minus % for State Government and State Education, or Cost Plus/Minus % for GSA Pricing Schedule Optional Support Bid at Discount Manufacturer's price lists or GSA price list/schedule shall be submitted with the bid in accordance with the requirements under PRICE LISTS. Bid Tables, and other pages required for completion of the bid may be copied, as needed. ITEM DESCRIPTIONS Descriptions of systems or individual items on price lists shall be of sufficient detail to easily identify the system or item. Items not described will be rejected as ineligible for the bid/contract. These documents shall be submitted in hardcopy as well as on 3.5 inch diskette media, as outlined in Special Condition, Format for Submission of Bid. Failure to comply with this requirement will result in disqualification of your bid. AUTHORIZED DEALERS/DISTRIBUTORS AND/OR SERVICE LOCATIONS: On any contract where orders will be directed to Authorized Dealers/Distributors or listing Service Locations, this information shall be provided by the BIDDER as part of the bid package in hard copy, and on a 3.5 inch diskette in a Word for windows file. Any subsequent revisions shall be submitted in the same format to the State Purchasing CONTRACT ADMINISTRATOR, for review and approval prior to implementation. 02-1044 http://www.myflorida.com/st—contracts/250040991/conditions.htm 7/29/2002 SPECIAL CONDITIONS Diskette must be formatted as: • "Word for Windows" • Font: Times New Roman 12 • Preset tabs only • Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom • Portrait only -no landscape • No Tables • No Headers or Footers • No Excel Files Page 8 of 14 Failure to submit the information required in this section will be grounds for disqualification of your bid and/or removal from any resulting contract. NOTICE TO CONTRACTOR The employment of unauthorized aliens by any contractor is considered a violation of section 247A(e) of the Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. PUBLIC ENTITY CREMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in f.s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. SURCHARGE FEE AND SUMMARY OF TOTAL SALES State Purchasing hereby imposes a vendor surcharge fee of .50% on contractors' sales under any contract resulting from this bid. The fee will be paid by the contractor and must be included in prices bid and cannot be added as a separate item. Use of this contract will be optional by State Agencies. If a State Agency elects to purchase from a source other than the resulting State contract, such purchases shall be in accordance with Chapter 287, F.S., and 60A Florida Administrative Code. After receipt of payment from the contract purchases, all vendor surcharge fees shall be payable to the State of Florida no later than 15 days after the end of each quarter. Vendor surcharge fee and contract number should be noted on the check and remitted to: State of Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 Contract supplier shall furnish State Purchasing a detailed summary of sales at the end of each quarter. 02-1044 http://www.myflorida.com/st—contracts/250040991/conditions.htin 7/29/2002 SPECIAL CONDITIONS Page 9 of 14 By submission of these Sales Summary reports and corresponding vendor surcharge deposits, the contractor(s) is certifying their correctness. All such reports and fee deposits ;,hall be subject to audit by the State of Florida. Contractors will be responsible for reporting sales and paying user fees resulting from sales made by authorized resellers. Failure to comply with these requirements will result in the contract supplier being found in default, in which case any and all reprocurement costs and all outstanding vendor surcharge fees may be charged against the defaulting contractor and may result in immediate, unilateral cancellation of your contract by State Purchasing. Bids from contractors that are delinquent in paying user fee's from existing contracts, will not be considered. PRICE LISTS On any contract where pricing is based on a Manufacturer's published price list, the price list must be provided by the BIDDER as part of the bid package in hard copy. Bidders must provide a price list on a 3.5 inch diskette as a Word For Windows file, which includes headings and subheadings of the categories of systems, peripherals, and components which the vendor has bid. Each product on the price list shall be identified by part number, brand name, description, manufacturers cost and net price. Any subsequent revisions shall be submitted in the same format to the State Purchasing CONTRACT ADMINISTRATOR, for review and approval prior to implementation. Diskette must be formatted as: • "Word for Windows" • Font: Times New Roman 12 • Preset tabs only • Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom • Portrait only -no landscape • No Tables • No Headers or Footers • No Excel Files Failure to submit the information required in this section will be grounds for disqualification of your bid and/or removal from any resulting contract. PRICING SCHEDULE TO REMAIN FIRM The pricing schedule, cost plus/minus basis or GSA pricing basis, bid by each awarded vendor shall remain firm for any product placed on the contract resulting from this bid, or for products added to the contract at a later date through revision to the contract. ADDING NEW PRODUCTS The contractor may add new products to the contract at the pricing schedule as originally bid. Wl revision to contract price lists includes the addition of new products they must remain at the origi percentage bid for the contract term. The addition of new products shall be at the discretion of St, Purchasing in the best interest of the State. Reductions in price shall be effective upon receipt of written notification to State Purchasing and Q2-1044 http://viww.myflorida.com/st—contracts/250040991/conditions.htn n 7/29/2002 SPECIAL CONDITIONS Page 10 of 14 remain in effect for the balance of the contract term, unless further reduced by the contractor. In t event that the contractor announces a price reduction on any equipment listed on the contract pric purchaser's acceptance of said equipment, such price reduction shall be made available to the pur This condition shall not apply to temporary sales promotions. PRICE INCREASES Price increases are not acceptable for my product placed on the contract resulting from this bid, or for products added to the contract at a later date through revision to the contract. PRICE REDUCTION Reductions in price shall be effective upon receipt of written notification to the State Purchasing and shall remain in effect for the balance of the contract term, unless further reduced by the contractor. In the event that the contractor announces a price reduction on any equipment listed on the contract prior to the purchaser's acceptance of said equipment, such price reduction shall be made available to the purchaser. This condition shall not apply to temporary sales promotions. SALES PROMOTIONS A contractor, during the term of the contract, may lower prices of products on the contract, for a specified period of time. The contractor shall document sales promotions to and receive approval of State Purchasing, prior to offering sales promotions to contract users. Documentation of sales promotions shall specify starting and ending dates of the promotion, specify list prices and promotional prices, and shall contain a statement that the promotional prices are available to all contract users. Sixty (60) days is established as the minimum period of time for which a sales promotion can be offered. Sale pricing shall be made available on contract items only and promoted to all users of the contract. Evidence of offering of a sales promotion to a contract user prior to the submittal to and approval of the State Purchasing shall subject the contractor to removal from the contract. Sales promotions approved by State Purchasing must be posted on the contractors Internet Home Page with awarded products. PRICE LISTS POSTED ON THE WORLD WIDE WEB (WWWI CONTRACT HOLDER shall configure PRICE LIST consisting of awarded product and post the prices on the CONTRACT HOLDERS Internet Home Page. All price lists must be reviewed and approved by State Purchasing before they can be posted to the CONTRACT HOLDER Internet Home Page. Contractors must provide State Purchasing with a universal resource locator (URL) where price lists will be posted. CONTRACT HOLDERS posted price list shall include the following: • DMS Approval Date • Contract Number • Part Number, Description, Manufacturers Cost and Contract Prices • Authorized Resellers http://www.myflorida.com/st—contracts/250040991/conditions.htm 7/29/2002 SPECIAL CONDITIONS Page 11 of 14 The Home Page must be compatible with the most recent version of browser -software being used by State Purchasing. As of the writing of this solicitation, Netscape Navigator 3.0 is the State Purchasing browser standard. State Purchasing intends to upgrade to new browser versions as they become available and fully tested, at its discretion. INTERNET HOME PAGE The Contract resulting from this bid will become a public document. The State of Florida, State Purchasing is using the Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute State Term Contracts and product information to eligible users and other interested entities who may subscribe to this service and pay the appropriate access fee. The Universal Resource Locator (URL) for the INTERNET HOME PAGE must be listed in the space provided on the Ordering Instructions page of the bid. PRICE LIST, CATALOGS, DESCRIPTIVE BROCHURES Contractor agrees to furnish participating agencies price schedules, catalogs and descriptive brochures as requested. QUANTITY DISCOUNTS Bidder/contractors are urged to offer additional discounts for one time delivery of large single orders of any assortment of items. Such discounts will not be considered in evaluation and award of bid. Contract users should seek to negotiate additional price concessions on quantity purchases of any products offered under this contract. State agencies shall document their files accordingly. PURCHASING CARD PROGRAM The State of Florida has implemented a purchasing card program through NationsBank, using the Visa network. Vendors will receive payment from the purchasing card in the same manner as other Visa purchases. Please indicate your ability to accept Visa in the space provided on the Ordering Instruction sheet of the bid. VENDOR RESPONSE SYSTEM To access an interactive Voice Response System for vendor payment inquiry, Vendors may call (850) 413-7269 between 7 a.m. and 6 p.m. Monday thru Friday to check on the status of payments by State agencies. The system can accommodate English and Spanish speaking callers. INSURANCE. WORKERS' COMPENSATION The contractor shall take out and maintain during the life of this agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the contractor. Such insurance shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this contract at the site of the project is U2-1044 http://www.myflorida.com/st—contracts/250040991/conditions.htm 7/29/2002 SPECIAL CONDITIONS Page 12 of 14 not protected under the Workmen's Compensation statute, the Contractor shall provide, and cause each sub -contractor to provide, adequate insurance, satisfactory to the Purchas-, for the protection of his employees not otherwise protected. SERVICE Availability of in-state representatives to assist in proper application and to resolve technical problems is a requirement of this bid and the resulting contract. Bidders shall, therefore, include as part of the bid a list of all in-state service representative(s) who will be responsible for providing these services during the term of the contract. If unable to obtain service/warranty within the time period specified or if difficulties are encountered in obtaining service from the service location designated by the contractor, it shall be the complete responsibility of the contractor to arrange and coordinate service by an alternate service dealer after notification by the user. The coordination effort will be handled by the specific individual designated on the ordering instruction sheet. WARRANTY A warranty is required on all contract items against defective material, workmanship, and failure to perform in accordance with required performance criteria, for a period of not less than one (1) year from date of receipt or installation of product. See SPECIFICATIONS, under each category of product for Standard Support Level and specific warranty requirements. Replacement of all parts found defective including all labor, materials within the warranty period shall be made without cost to the State. This warranty shall not cover adjustment, repair or parts replacement required because of purchaser's negligence, misuse, or machine alteration. Applicable transportation charges for warranty service within the warranty period shall be based on cost determined by the level of support procured as outlined in the specification. Warranty repairs shall be completed within the time period stated in the support level procured whether on-site or upon receipt of equipment by factory authorized service center. Should repairs exceed the predetermined time period, contractor shall provide equivalent loaner equipment upon request by the purchaser. Loaner equipment shall be provided at no cost to the State, including shipment to the purchaser's location and return of loaner equipment to the contractor. SECURITY DEVICES Bidders are to identify and price all available optional or installed security devices , such as key locks, plastic card readers, etc., on price sheets. TRADE IN Contract users may trade-in equipment when making purchases from this contract. A trade-in must be negotiated between the user and the contractor. Users are obligated to actively seek current fair market value when trading equipment, and to keep accurate records for the process. For State agencies, it may be necessary to provide documentation to the Office of the State Comptroller. YEAR 2000 COMPLIANCE WARRANTY 02-1044 http://www.myflorida.com/st—contracts/250040991/conditions.htm 7/29/2002 SPECIAL CONDITIONS Page 13 of 14 The contractor warrants that each item of hardware, software, and/or firmware delivered, developed or modified under this contract shall be able to accurately process date data (in6luding, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations, when used in accordance with the item documentation provided by the contractor, provided that all items (e.g. hardware, software, firmware) used in combination with other designated items properly exchange date data with it. The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), the remedies available to the State under this warranty shall include repair or replacement of any item whose non-compliance is discovered and made known to the contractor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit nay rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. YEAR 2000 COMPLIANCE (SOFTWARE) The licensor represents and warrants that the software, which is licensed to licensee hereunder, is designed to be used prior to, during, and after the calendar year 2000 AD, and that the software will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references different centuries or more than one century. Without limiting the generality of the foregoing, Licensor further represents and warrants (1) that the software will not abnormally end or provide invalid or incorrect results as a result of date data, specifically including date data which represents of references different centuries or more than one century; (2) that the software has been designed to ensure year 2000 compatibility, including, but not limited to, date data century recognition, calculations which accommodate same century and multi - century formulas and date values, and date data interface values that reflect the century; (3) that the software included "year 2000 capabilities", which means the software (a) will manage and manipulate data involving dates, including single century formulas and multi -century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (b) provides that all date -related user interface functionalities and data fields include the indication of century; and (c) provided that all date -related data interface functionalities include the indication of century. YEAR 2000 REMEDY CLAUSE In the event of any decrease in hardware or software program functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the essence. YEAR 2000 COMPLIANCE All products bid under this bid/contract will be Year 2000 compliant (that is; able to accurately process date data from, into, and between the twentieth and twenty-first centuries, including leap year calculations). Resellers may provide a "pass through warranty" from the manufacturer/software developer, which meets all the warranty requirements specified by the State, and which shall include all other warranties provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy 0;- 1044 http://www.myflorida.com/st—contmcts/250040991/conchtions.htm 29/2002 SPECIAL CONDITIONS Page 14 of 14 warranty requirements. _ EVALUATION/AWARD Bids will be evaluated and awarded by category on a multiple award basis, in compliance with the requirements and provisions detailed herein. Award shall be made for statewide delivery and service, to the responsive bidders offering the lowest net delivered prices, based on the pricing mechanism designated under product categories 3.0 through 8.0. If the same manufacturer's brand is bid by more than one bidder, only the lowest net delivered prices shall be considered for an award. Bids designated for Government (State) will be evaluated and awarded. Bidder is urged to offer additional discounts to educational institutions in the space provided on price sheets. Such discounts will not be considered in evaluation of bid. 02* -1044 h4://www.myflorida.com/st—contracts/250040991/conditions.htin 7/29/2002 State of Florida SPECIFICATIONS; CLIENT SERVER SYSTEMS Page 1 of 10 1.0 SCOPE These specifications are the requirements and provisions for the bidding and awarding of a St, contract for Client Server Systems to include Microcomputers, Network Servers and Work: Network Computers and Network PCs, Peripherals, Network Connectivity Devices, and Unintei Power Supplies. 2.0 GENERAL REQUIREMENTS AND PROVISIONS COMPONENTS Components (such as monitors, keyboards, mouse and trackball, expansion boards, network i cards, internal modems, multimedia, and storage devices purchased with and integrated with the prior to delivery) will carry the same support level and warranty provisions as the system. OPERATING SYSTEM SOFTWARE Operating system software (DOS, OS/2, Windows, Windows NT, UNIX, and Macintosh system) offered by microcomputer system bidders, preloaded by the manufacturer/dealer, as a balance under the same pricing schedule (percentage mark-up to manufacturer's price list), microcomputers systems bid. AMERICANS WITH DISABILITIES ACT The Federal ADA bars employment discrimination and requires all levels of Government to necessary and reasonable accommodations to qualified workers with disabilities. Although i mandatory that bidders offer these products to receive an award, bidders are requested to iden hardware and software products which may be used or adapted for use by visually, hearing physically impaired individuals.' ENERGY STAR COMPLIANT The Federal Environmental Protection Agency encourages the manufacture of energy efficient c• hardware, and the State of Florida supports this initiative. State Purchasing prefers microcomputers, monitors, and laser printers offered under this bid/contract is energy star compl bear the EPA Energy Star Logo. Bidders are requested to identify only the hardware which is not Star compliant. State agencies seek to reduce the total cost of equipment ownership and operas should consider the purchase of Energy Star compliant equipment if it meets the agency's perfc needs. COST PLUS/MINUS PRICING BASIS Bidders will bid a single percentage (to the nearest hundreth, e.g. 1.95%) on a cost plus/minus the manufacturer's price list (C channel, USA1, Level 4, or other specified manufacturer's pricf that manufacturer's largest volume dealers/resellers. The manufacturer's price list will be submit the bid, and shall represent the most current price list available at the date of the bid o12 pricing may be offered as alternate pricing by the bidder. The GSA price list/schedule will be sL with the bid. ELIGIBLE MANUFACTURER BRANDS The Gartner Group Vendor Tiering Model was utilized in determining the eligible manufacture: which could be bid in specific categories. Commodity categories which are manufacturer specifi( Gartner Group Vendor Tiering was not available were established on the best available know] manufacturer market share. ITEM DESCRIPTIONS Contract price lists shall be structured with headings and subheadings of the categories of ; peripherals, and components which the vendor has bid. Each product on the price list shall be is 02-1044 http://v;ww.myflorida.com/st—contracts/250040991/specs.htm 7/29/2002 State of Florida Page 2 of 10 by part number, brand name, description, manufacturers cost and net price. Descriptions of sy: individual items on price lists shall be of sufficient detail to easily identify the product. Its adequately described will be rejected as ineligible for this bid/contract. CONTRACT CHANGES Awarded contractors may offer new hardware introduced by the manufacturer during the contrac at the same pricing schedule as bid and awarded. As soon as they are announced by the manufacturer, all product line changes (additions, deletioi changes) shall be submitted by e-mail to the State Purchasing contract administrator for revie, reductions announced by the manufacturer shall take effect immediately and be applied to unship subsequent orders. BALANCE OF LINE The balance of line provisions of this bid/contract are provided for the convenience and benef contract users as well as the awarded vendors. The balance of line provisions allow the purchaser stop" procurement mechanism, as well as facilitating the ability of a contractor to provide a "c system" for the purchaser. It is incumbent on the purchaser to "shop" the contract and purchase l which meet their needs at the lowest net delivered costs. Vendors who bid and are awarded systems or other major categories of products may offer a "ba line" of peripherals; to include those which are specified as peripherals in this bid/contr, monitors, input devices, pen plotters, scanners, printers, storage devices, expansion cards, mode other standard system components. Such balance of line peripherals and components shall: be under the same pricing schedule (mark-up to the manufacturer's price list to that manufacturer': volume dealers/resellers) or GSA pricing. The balance of line peripherals/components price lists submitted with the bid. It is incumbent on the contractors to offer products under the balance of line provisions wl competitively priced. State Purchasing will review and compare balance of line price lists to dete prices are competitive. Should it be determined, by the State Purchasing, that the balance of li lists of a contractor are not competitive, the contractor will be given an opportunity to s competitive price list. If the contractor is unable to or chooses not to reduce prices for balance products, the balance of line provision for that contractor will be revoked. MAJOR ACCOUNT SUPPORT LEVEL State of Florida agencies and other eligible contract users purchase a substantial annual vo systems, servers, peripherals, and components from manufacturers (directly from the manufac through resellers) through the State term contract for client server systems. The State of Flor accept designation as a "Major Account" (under the particular manufacturer named program), manufacturer or vendor/reseller awarded under this bid/contract, attendant with the additional and privileges which come with that designation. The bidder/contractor will act on the State's I assure that the State is recognized by the manufacturer under that manufacturer's "Major A program, and that the State receives the benefits and privileges of such designation. If your firs this type of support, see attached sheet to designate the benefits and privileges which are availab State of Florida from the manufacturer of products which are awarded under this bid/contract. Awarded vendors/manufacturers who designate the State of Florida as a "Major Account" (un manufacturer's named program) and provide sufficient benefits and privileges thereunder, designated. STANDARD DELIVERY TIMES Standard delivery times shall be expressed by the bidder on the bid table, and will represent the of calendar days normally required to make delivery after receipt of a purchase order. Delivery excess of thirty (30) days will not be accepted. Failure to deliver products within the delivery stated in the contract may subject the contractor to reprocurement costs, penalties and/or cancellation. 02-1044 http://www.myflorida.com/st—contracts/250040991/specs.htm 7/29/2002 State of Florida Page 3 of 10 A contractor, within five (5) days after receipt of order, shall notify the purchaser of any I delivery delays. Evidence of inability to deliver or intentional delays in attempt to force the pur, substitute product, shall be cause for contract cancellation and vendor suspension. 3.0 DESKTOP MICROCOMPUTERS AND PORTABLE MICROCOMPUTERS 3.1 DESKTOP MICROCOMPUTERS ELIGIBLE DESKTOP MICROCOMPUTERS WHICH MAY BE BID Gartner Group Tier I and II vendors, (IBM, Compaq, Apple, AST, Digital, Dell, Hewlett-Packar Acer, Gateway, Micron, Unisys); and, Other vendors who offer an extensive manufacturer line of microcomputers and provide docum with the bid of a minimum installed base of 1000 microcomputers with State of Florida agen( political subdivisions, in the most recent two State fiscal years. A maximum of ten (10) vendors will be awarded desktop microcomputers. STANDARD SUPPORT LEVEL FOR DESKTOP MICROCOMPUTERS Requirements and provisions of STANDARD SUPPORT LEVEL for desktop microcomputers it • Inside delivery, with buyer set-up and installation. • Minimum 1 -year on-site warranty labor, in the State of Florida. • Minumum 3 -year warranty parts coverage. • Maximum next business day response for warranty service. • Maximum two (2) business days repair time, or replace with comparable equipment (replace with new equipment only during warranty period). • Toll free telephone support and fax/E-mail/Internet information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). • 30 -day money back guarantee, return to vendor, with no restocking fee or comparable charges. Optional Support which may be bid under the Standard Support Level: • Dealer set-up and installation. . Warranty upgrade, beyond year l(to 5 -year maximum). Warranty upgrade may be purchased at time of system purchase or during the warranty period. • Warranty service response upgrade, e.g.; maximum 4 -hour response and/or 8 -hour response. 3.2 PORTABLE MICROCOMPUTERS ELIGIBLE PORTABLE MICROCOMPUTERS WHICH MAY BE BID Gartner Group Tier I and II vendors(Compaq, IBM, Toshiba, AST, Digital, Dell, Hewlett-Packar Acer/TI), and; Other vendors who offer an extensive manufacturer line of portable microcomputers and documentation with the bid of a minimum installed base of 1000 of that manufacturer's microcomputers with State of Florida agencies and political subdivisions, in the most recent t% fiscal years. 02-1044 http://www.myflorida.com/st—contmts/250040991/specs.htn n 7/29/2002 State of Florida Page 4 of 10 A maximum of five (5) vendors will be awarded portable microcomputers. STANDARD SUPPORT LEVEL FOR PORTABLE MICROCOMPUTERS Requirements and provisions of STANDARD SUPPORT LEVEL for Portable Microcomputers i . Inside delivery, with buyer set-up and installation. . Minimum 1 -year warranty (or manufacturer standard warranty if greater than 1 -year), with return - to -factory or service center. . Maximum two (2) business days repair time, after receipt at repair facility, or replace with comparable equipment (replace with new equipment only during warranty period). . Toll free telephone support and fax/E-mail/Intemet information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). . 30 -day money back guarantee, return to vendor, with no restocking fee or comparable charges. Optional Support which may be bid under Standard Support Level: . Warranty upgrade, beyond year 1 (to 5 -year maximum). Warranty upgrade may be purchased at . time of system purchase or during the warranty period. 4.0 NETWORK SERVERS AND WORKSTATIONS NETWORK SERVERS may be bid in two categories: 4.1 WINDOWS NT NETWORK SERVERS ELIGIBLE WINDOWS NT NETWORK SERVERS WHICH MAY BE BID Network servers to be bid shall be those NT Server Platforms running Windows NT on Intel pro Those Windows NT network servers recommended by Gartner Group and approved to be Compaq, Hewlett-Packard, IBM, Dell, Digital Intergraph, Tandem, Data General, Stratus, Netfra 4.2 UNIX NETWORK SERVERS ELIGIBLE UNIX NETWORK SERVERS WHICH MAY BE BID Network servers to be bid shall be those UNIX Server Platform running UNIX Operating Envir Those UNIX network servers recommended by Gartner Group and approved to be bid are: Sun, I Packard, Compaq -Tandem, Dell, IBM, Digital, Siemens Nixdorf, Silicon Graphics. A maximum of five (5) vendors will be awarded Windows NT Network Servers and five (5) will be awarded UNIX Network Servers. BALANCE OF LINE - NETWORK SERVERS AND WORKSTATIONS Vendors who bid and are awarded Network Servers may offer technical/scientific workstation same manufacturer brand as the Network Servers bid and awarded, as "balance of line" proc addition to acceptable peripherals and components and under the same provisions as stipulate BALANCE OF LINE. STANDARD SUPPORT LEVEL FOR NETWORK SERVERS and WORKSTATIONS Requirements and provisions of STANDARD Support Level for Network Servers and Work include: Inside delivery, with buyer set-up and installation. . Minimum 1 -year on-site warranty labor, in the State of Florida. 02-1044 http://v^w.myflorida.com/st—contracts/250040991/specs.httn 7/29/2002 State of Florida Page 5 of 10 . Minimum 3 -year warranty parts coverage - . Maximum next business day response for warranty service. . Maximum two (2) business days repair time, or replace with comparable equipment (replace with new equipment only during warranty period). . Toll free telephone support and fax/E-maiL/Internet information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). . 30 -day money back guarantee, return to vendor, with no restocking fee or comparable charges. Optional Support which may be bid under the STANDARD SUPPORT LEVEL: • Dealer set-up and installation. . Warranty upgrade, beyond year 1 (to 5 -year maximum). . Warranty service response upgrade; e.g., maximum 4 -hour response and/or 8 -hour response. 5.0 NETWORK COMPUTERS AND NETWORK PCs Network Computers and Network PCs may be bid in the applicable category: 5.1 NETWORK COMPUTERS INCL Network Computers (NC) - generally provide access to commonly used PC applications th network connection. A Network Computer is normally configured with 4-64 MB of RAM, ai ROM card, a Smart Card slot, infrared and network interfaces, a parallel port, and a pair c compatible I/O ports. The basis for the software approach is JAVA. The known vendors for I Computers are IBM, Sun, Hitachi Data Systems, Boundless Technologies, Network Computing I Hewlett-Packard, and Wyse Technology. 5.2 NETWORK PCs MetPQ Network PC (NetPC) - are network -oriented devices but unlike Network Computers, they still c user control over storage and local processing. The NetPC runs Windows like a conventional Zero Administration Windows (ZAW). The known vendors for Network PCs are Compa Hewlett-Packard, Mitsubishi, Unisys, NEC, Acer, Gateway 2000, Pionex Technologies, Mil Zenith Data Systems. A maximum of three (3) vendors will be awarded Network Computers and three (3) vendors awarded Network PCs. STANDARD SUPPORT LEVEL FOR NETWORK COMPUTERS AND NETWORK PCs Requirements and provisions of STANDARD SUPPORT LEVEL for Network Computers and I PCs include: . Inside delivery, with buyer set-up and installation. . Minimum 1 -year on-site warranty labor, in the State of Florida. . Minumum 3 -year warranty parts coverage. . Maximum next business day response for warranty service. 02-1044 http://www.myflorida.com/st—contracts/250040991/specs.htm 7/29/2002 State of Florida Page 6 of 10 . Maximum two (2) business days repair time, or replace with comparable equipment (replace with new equipment only during warranty period). . Toll free telephone support and fax/E-mail/Intemet information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). . 30 -day money back guarantee, return to vendor, with no restocking fee or comparable charges. Optional Support which may be bid under the Standard Support Level: . Dealer set-up and installation. . Warranty upgrade, beyond year l(to 5 -year maximum). Warranty upgrade may be purchased at time of system purchase or during the warranty period. . Warranty service response upgrade, e.g.; maximum 4 -hour response and/or 8 -hour response. 6.0 PERIPHERALS (PRINTERS, STORAGE DEVICES, MEMORY EXPANSION CARDS) BALANCE OF LINE - PERIPHERALS Vendors who bid and are awarded in a category (s) of these peripherals may offer a "balance of support products for the peripheral category, which may be needed for connectivity or operatio installed. Such balance of line products shall be offered under the same pricing schedu plus/minus basis to the manufacturer's price list to that manufacturer's largest volume dealers/r, or GSA pricing, as the peripherals bid. The balance of line products price list shall be submitted bid. . Inside delivery, with buyer set-up and installation. . 1 -year on-site warranty labor, in the State of Florida. . Minimum 3 -year warranty parts coverage. http://www.myflori&.com/st—contracts/250040991/specs.htm 02 — 1 q4942002 Vrinters which may be bid are: F6—.l-. TIPRINTERS - Laser (Monochrome 6-24 ppm, Color 3-8 nnm): and, 6.1.2 RINTERS - Ink Jet (Monochrome and Color .75 - 5.0 nnm) ach printer bid, purchased and delivered, shall include a cable, parallel or serial connec equired, a minimum of six (6) feet in length. maximum of three (3) vendors will be awarded Laser Printers and three (3) vendors will be a Ink Jet Printers. Award will be based on responsive bidders offering the lowest net delivered pr e most complete line of printers in each category. Vendors who bid and are awarded printers i category may offer "balance of line" products which may include dot matrix printers with a m. peed of 75 cps, near letter quality. The balance of line products shall be offered under the same chedule (cost plus/minus basis to the manufacturer's price list to that manufacturer's largest ealers/resellers) or GSA pricing, as the printers bid. The balance of line products price list ubmitted with the bid. STANDARD SUPPORT LEVEL FOR PRINTERS e uirements and provisions of Standard Support Level for Printers include: . Inside delivery, with buyer set-up and installation. . 1 -year on-site warranty labor, in the State of Florida. . Minimum 3 -year warranty parts coverage. http://www.myflori&.com/st—contracts/250040991/specs.htm 02 — 1 q4942002 State of Florida Page 7 of 10 • Maximum next business day response for warranty service. - • Maximum two (2) business days repair time, or replace with comparable equipment (replace with new equipment only during warranty period). • Toll free telephone support and fax/E-mail/Intemet information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). • 30 -day money back guarantee, return to vendor, with no restocking fee or comparable charges. Storage Devices which may be bid are: 6.2.1 STORAGE DEVICES - DISK (Magnetic and Optical) 6.2.2 STORAGE DEVICES - TAPE DEVICES A maximum of three (3) vendors will be awarded Disk Storage Devices and three (3) vendors awarded Tape Storage Devices. STANDARD SUPPORT LEVEL FOR STORAGE DEVICES Requirements and provisions of Standard Support Level for Storage Devices include: • Inside delivery with buyer set-up and installation. • Minimum 1 -year replacement warranty (or manufacturer standard warranty if greater than 1 -year), with return -to -factory or service center. • Toll free telephone support and information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). • 30 -day money back guarantee, return to vendor, with no restocking fee or comparable charges. 6.3 MEMORY EXPANSION CARDS Memory Expansion Cards which may be bid include: main, expanded, cache, PCMCIA cards A maximum of three (3) vendors will be awarded memory expansion cards. STANDARD SUPPORT LEVEL FOR MEMORY EXPANSION CARDS Requirements and provisions of Standard Support Level for Expansion Cards include: • Inside delivery with buyer set-up and installation. • Minimum 1 -year replacement warranty (or manufacturer standard warranty if greater than 1 -year), with return -to -factory, service center, or vendor. • Toll free telephone support and information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). • 30 -day money back guarantee, return to vendor, with no -restocking fee or comparable charges. 7.0 NETWORK CONNECTIVITY DEVICES Network Connectivity Devices which may be bid include: 02-1044 hq://www.myfloriclA.com/st—contracts/250040991/specs.htm 7/29/2002 State of Florida Page 8 of 10 . Internetworking Devices - to include bridges, routers, repeaters, switches, gateways, multiplexors, hubs and concentrators) . Network Adapter Cards - to include all current network topologies and bus architectures Gartner Group Tier 1 and 2 vendors which may bid in these two categories of network conr devices include: Cisco, 3Com, Fore, Cabletron, Bay, IBM, Xylan, Madge, Hewlett-Packard, and and, Other vendor devices may be bid in a device category if the bidder provides with documentation that the vendor devices bid have captured 5% or more of the U. S. market over two years, and offers 2 or more lines or models of those devices. A maximum of five (5) vendors will be awarded network connectivity devices. BALANCE OF LINE - NETWORK CONNECTIVITY DEVICES Vendors who bid and are awarded network connectivity devices may offer a "balance of line" of products for the peripheral category, which may be needed for connectivity or operation where ii Such balance of line products shall be offered under the same pricing schedule (cost plus/minus the manufacturer's price list to that manufacturer's largest volume dealers/resellers) or GSA pri the network connectivity devices bid. The balance of line products price list shall be submitted bid. STANDARD SUPPORT LEVEL for Network Connectivity Devices include: . Inside delivery with buyer set-up and installation. . Minimum 1 -year replacement warranty (or manufacturer standard warranty if greater than 1 -year), with return -to -factory, service center, or vendor. . Toll free telephone support and information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). . 30 -day money back guarantee, return to vendor, with no restocking fee or comparable charges. Optional Support which may be bid under Network Connectivity Devices: . Dealer set-up and installation. . Warranty upgrade, beyond year 1 (to 5 -year maximum). Warranty upgrade may be purchased at the time of device purchase or during the warranty period. . Warranty service response upgrade; e.g., maximum 4 -hour response and/or 8 -hour response. 8.0 UNINTERRUPTIBLE POWER SUPPLIES Bidders may bid uninterruptible power supplies ranging from 250 VA to 5000 VA. Othe protection equipment which may be bid include: Surge suppressors and voltage regulators. A maximum of three (3) vendors will be awarded uninterruptible power supplies. Awards will 1 to responsive bidders offering the lowest net delivered prices for the most complete uninterruptible power supplies. BALANCE OF LINE - UNINTERRUPTIBLE POWER SUPPLIES Vendors who bid and are awarded uninterruptible power supplies may offer a "balance of support products for the peripheral category, which may be needed for connectivity or operatio installed. Such balance of line products shall be offered under the same pricing schedu plus/minus basis to the manufacturer's price list to that manufacturer's largest volume dealers/r- 02-1044 http://www.myflorida.com/st—contracts/250040991/specs.htin 7/29/2002 State of Florida Page 9 of 10 or GSA pricing, as the uninterruptible power supplies bid. The balance of line products price list submitted with the bid. STANDARD SUPPORT LEVEL for Uninterruptible Power Supplies include: . Inside delivery, with buyer set-up and installation. • Minimum 2 -year replacement or repair warranty (or manufacturer standard warranty if greater than 2 -years), with return -to -factory, service center, or vendor. . Maximum two (2) business days repair time, after receipt at repair facility, or replace with • comparable equipment (replace with new equipment only during warranty period). • Toll free telephone support and information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). • 30 -day money back guarantee, return to vendor, with no restocking fee or comparable charge. Optional Support which may be bid under the Standard Support Level includes: • Dealer set-up and installation • Warranty upgrade, beyond year 2 (to 5 -year maximum). Warranty upgrade may be purchased at time of UPS purchase or during the warranty period. • Warranty service response upgrade; e.g., on site, 4 hour response, or next business day. 9.0 ACCEPTABLE AND EXCLUDED PRODUCTS Hardware or software not specifically designated as acceptable products for this bid/con excluded. Determination of the acceptability of products for this bid/contract is at the sole disci the State Purchasing. Inclusion of unacceptable products on the price lists with the bid will resu bidder being declared non-responsive and disqualified. Awarded contractors who add unaci products on the price lists will be disqualified and removed from the contract for all products aw,- Specific exclusions include: . Supplies (diskettes, tapes, paper, ribbons, toner, cartridges) . Software (programming languages, application, utility) • Data processing furniture . Dedicated word processors or office automation systems • Any other hardware and software not specifically defined as acceptable products for bid/contract. Determination of acceptable products will be at the sole discretion of State Purchasing. 10.0 INSPECTION. TEST, AND DEMONSTRATION PROCEDURES The State reserves the right to require each bidder/contractor to demonstrate to the satisfactio: State, within ten (10) days of request, that the contractor's equipment is compatible and will of required by the State and as represented by the contractor, and that the equipment will con 02-1044 http://www.myflorida.com/st—contracts/250040991/specs.htm 7/29/2002 State of Florida Page 10 of 10 integrate into, and/or function as required by the State and as represented by the bidder. Demor content, time, and place is subject to agreement between the State an& the contractor. 11.0 SHIPMENT PACKING AND MARKING All items shall be packed so as to insure safe transport and delivery to destination. Shipping co shall be marked to identify the contents, name of contractor, and the contract or purchase order ni 02-1044 http://www.myflorida.com/st—contracts/250040991/specs.htm 7/29/2002 973-561-03-1 = Consultant Services -IT (Unisys Corporation) Consultant Services -IT (Unisys Corporation) 973-561-03-1 Effective: 07/18/2002 through 07/17/2003 Certification Legal Information Exhibit A - Specifications Exhibit B - Price Sheet Exhibit C - Ordering Instructions Complete Contract Page 1 of 1 02-1044 http://www.myflorida.com/st—contracts/973561031/ 8/22/2002 FLORIDA DEPARTMENT OF MANAGEMENT SERVICES JEB BUSH Governor CYNTHIA A. HENDERSON Secretary State Purchasing 4050 Esplanade Way Suite 350 Tallahassee, Florida 32399-0950 Telephone: 850-488-8440 Fax: 850-488-5498 intemet: www.MyFlorida.com Suite 315 CERTIFICATION OF CONTRACT TITLE: Consultant Services -IT (Unisys Corporation) CONTRACT NO.: 973-561-03-1 ITN NO.: 973-561 EFFECTIVE: See Contract Paragraph 1.03, Term, and 2.36, Effective Date SUPERSEDES: 973-561-00-1 CONTRACTOR(S): Unisys Corporation (A) ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF MAUREEN LIVINGS AT (850) 488-2103, SUNCOM 278-2103, E-MAIL: livin$m(a-),dms.state.fl.us A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Consultant Services -IT by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) 02-1044 D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017.'= Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. State Purchasing has awarded the IT Consulting contracts on a non-exclusive basis to qualified vendors, but purchasing officers shall seek competition between IT consulting vendors in accordance with contract paragraph 1.06, titled "Deliverables". The consulting vendor rates published in the contracts are ceiling rates, and to the extent practicable, agencies should negotiate lower rates depending on the complexity and duration of a proposed project. Where procurement is sought and only one source is available from State Term Contracts, the agency/entity shall document this file as to the conditions and circumstances warranting this decision. F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for improvements in the contract to State Purchasing for receipt no later than 90 days prior to the expiration date of this contract. -1hy lo2 Autilorized Siinature IV 0 (date) ML/meb Attachments 02-1044 Contract for Information Technology Consulting Services THIS CONTRACT FOR SERVICES, # 973-561-03-1, by and between the State of Florida, Department of Management Services, (herein referred to as the "Department"), 4050 Esplanade Way, Tallahassee, FL 32399, and Unisys Corporation (herein referred to as "Contractor" ),1545 Raymond Diehl Road, Tallahassee, Florida 32308 a Delaware Corporation, registered in Florida, each referred to herein as "Party," and collectively referred to as the "Parties." WITNESSETH: WHEREAS, the Department desires to provide Eligible Users, defined hereinbelow, with information technology consulting services; WHEREAS, the Department solicited Response to an Invitation to Negotiate #973-561 to prospective providers of said services; and WHEREAS, the Contractor responded to the Invitation to Negotiate and desires to provide said consulting services; and WHEREAS, the relationship between the Department and the Contractor will be mutually beneficial unto each other; NOW THEREFORE,.in consideration of these premises, terms and conditions set forth herein, the Parties execute this Contract so same becomes binding and enforceable by and through the Parties, their heirs and assigns, and agree heretofore: Section One - Scope of Work 1.01 Definitions. The Parties agree to the following: 1.) Consulting Services. Contractor's information technology consulting services shall consist of those services contained in the attached Exhibit "A", which is incorporated herein by reference. 2.) Eligible Users. State agencies pursuant to Section 287.056, Florida Statutes, political subdivisions (county, local county board of public instruction, municipal or other local public agency/authority) and State Universities, pursuant to Section 240.605, Florida Statutes, and private non-profit transportation communities pursuant to Chapter 427, Florida Statutes, as well as any other additional government entities, as may be approved in the future by the State of Florida Legislature or the Department. Department Contractor 02-1044 3.) Vendor User Fee Report, Contractor's written report due to the Department at the end of each Calendar Quarter summarizing all of Contractor's sales to Eligible Users under this Contract. The Report form shall be provided by the Department to the Contractor upon execution of this Contract. 4.) Purchase Document. An Eligible User's document to formalize a purchase transaction with the Contractor, which shall contain statements, including but not limited to, quantity, description, price of goods and services ordered, payment, liquidated damages, discount, dates of performance, contract number, as well as other applicable factors or suitable references pertinent to purchase. The Purchase Document may be a Purchase Order, as defined in Rule 60A-1.001(12), Florida Administrative Code, for those certain Eligible Users described therein. A Contractor shall not deliver or furnish products or services until an Eligible User transmits a Purchase Document. The Purchase Document shall be signed by the Eligible User. All Purchase Documents shall bear the contract number, shall be placed by the Eligible User directly with the Contractor, and shall be deemed to incorporate by reference the Contract terms and conditions. In addition, the Eligible User and the Contractor shall be responsible for ensuring that the Purchase Document contains the performance standards as described in Section 2.07, Performance Standards, the scope of services as described in Section 1.02, Purpose, the amount of liquidated damages, as described in Section 2.05, Liquidated Damages, and the total stated dollar amount as described in Section 1.04, Price, and Section 1.06, Deliverables, herein. Deliverables and their correlation to payment must be clearly and plainly stated in the Purchase Document. If there is any inconsistency between the Contract terms and the terms stated on the Eligible User's purchase document, confirmation, or acknowledgement, the Contract terms shall control. 5.) Contract. This executed document between the Contractor and the Department, including any and all Exhibits, Addendums or Revisions thereto, including any and all Purchase Documents issued under this Contract, that constitute the binding agreement between the Parties. 6.) Calendar Quarter. The period of time commencing on January I" of the calendar year and extending every three (3) months thereafter. 1.02 Purpose. The Contractor is authorized to provide Consulting Services to any and all Eligible Users. The Contractor shall ascertain that the scope of Consulting Services be set forth in the Eligible User's Purchase Document. Any Consulting Services considered for an Eligible Department ContYactor 02-1044 User that are not contained in the definition of Consulting Services as defined herein, are prohibited unless Contractor has received prior written approval from the Department and such services are set forth in an addendum hereto executed by all parties. The Parties agree that this Contract is anticipated to be in excess of Category Two, or $25,000, as defined in Chapter 287, Florida Statutes. 1.03 Term. The Parties agree that the "Term" of this Contract shall be for a one (1) year period commencing upon the execution of this Contract and continuing for one (1) year unless extended, terminated or renewed as provided herein. In addition, this Contract may be renewed, on the same terms and conditions, in accordance with Section 287.058(1)(f), Florida Statutes, at the option of the Department. The Department shall provide written notice to Contractor regarding the intent to renew the Contract prior to the expiration of the Contract. Renewals shall be contingent upon satisfactory performance evaluations by the Department. The Parties agree that the prices under this Contract may be re -negotiated at the time of renewal, if any. 1.04 Price. The Contractor agrees to bill Eligible Users on a monthly time and materials basis, plus expenses, provided said expenses do not include additional mark-ups; or on a fixed fee basis where this sis shown to be in the State's best interest. in addition, the Contractor and the Eligible User shall be responsible for determining a total maximum stated dollar amount for the price of the Consulting Services and setting forth that total amount in the Purchase Document. The Contractor shall not exceed that total stated dollar amount under that Purchase Document. The Contractor agrees to bill the Eligible Users under the following pricing structure based on the Contractor's staff classification, with rates as set forth in the attached Exhibit `B", which is incorporated herein by reference. The Parties agree that the Contractor is prohibited from negotiating or billing in a manner that exceeds the stated rates included herein or the total stated dollar amount in the Purchase Document. The Parties agree that the Contractor and the Eligible User may also negotiate fixed- price contracts for a defined scope of work, billing the Eligible User on a progress completed basis. The Parties agree that the price charged to Eligible Users shall be subject to audit, and the Contractor shall make any and all records supporting the billed prices available for inspection, upon written request by the Department. Charges for services may be discounted off prices contained herein; however, price increases for any reason are prohibited. er Department ConVxactor 02--1044 1.05 Best Pricing Offer. During the Contract term, if the Contractor sells substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, at a lower price, then at the discretion of the Department the price under the Contract shall be immediately reduced to the lower price. 1.06 Surcharge Fee. The Parties agree, pursuant to Sec. 287.1345, Florida Statutes, to a surcharge fee of one percent (1%) on the Contractor's sales on any and all Consulting Services provided to any and all Eligible Users resulting from this Contract. The Contractor shall pay the surcharge to the Department and must include the surcharge in the prices quoted hereinabove and any other negotiable prices quoted to Eligible Users. After receipt of payment from the Contract purchases, all Contractor surcharge fees shall be payable to the Department no later than 15 days after the end of each quarter. The Contractor shall note "vendor user fee" Contract number on the check and remit it to the following: State of Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 The Contractor shall provide the Department with the Contractor's written Vendor User Fee Report form (PUR 7073-C) and surcharge fees at the end of each Calendar Quarter. The Parties agree that the Vendor User Fee Report shall be subject to audit and any and all Contractor records shall be subject to inspection by the Department upon reasonable notice provided to the Contractor. The Contractor agrees that the submittal of the Summary Sales Report is a certification by the Contractor that the report is a true, accurate and correct representation of the sales activity during that Calendar Quarter. The Parties agree that failure to comply with the surcharge fee requirements shall result in the Contractor being found in default. The Department reserves the right to revise collection and reporting requirements in conjunction with implementation of an online procurement system. In addition, the Department shall have the option to immediately and unilaterally cancel the Contract as well as charge any and all re - procurement costs against the Contractor as contained in Section 2.06 herein. 1.07 Deliverables. The Contractor acknowledges that the Eligible User shall be responsible for preparing a statement of scope of work for submission to minimum of three (3) contractors who currently hold state term contracts for Information Technology Consulting Services, who are able to provide the services, (which may include the Contractor), receiving proposals, and 4 LU W- CK1. Department Con actor 02-1044 negotiating a contract with the selected contractor. The Eligible User and the selected contractor shall include in their Purchase Document the following items: services needed with specific, clearly stated deliverables, projected time commitment including commencement and completion dates, assigned personnel, negotiated hourly rates or negotiated project costs, resolution of any potential developed/modified software ownership/licensing issues, performance standards for the Contractor, as described in Section 2.07, herein, as well as the total stated amount of the Consulting Services, as contained in Section 1.04, herein. 1.08 Payment. Charges for Consulting Services rendered by the Contractor shall be invoiced as the Consulting Services are performed monthly, or in accordance with a performance schedule established and agreed upon between the Eligible User and the Contractor. The Contractor shall submit bills for fees or other compensation for services and/or expenses in sufficient detail for a proper preaudit and postaudit thereof, pursuant to Section 287.058, Florida Statutes. The Contractor agrees to submit any and all invoices for travel, if applicable, in accordance with Section 112.061, Florida Statutes. The Parties agree that payments to the Contractor will be made in accordance with Section 215.422, Florida Statutes. 1.09 Ordering Instructions. The Parties agree that Purchase Document shall be issued in accordance with the Ordering Instructions, attached hereto as Exhibit "C" and incorporated herein by reference. Eligible User shall order at the prices indicated, or negotiated, exclusive of all Federal, State and local taxes, consistent with Section 1.04, herein. SECTION TWO - REQUIREMENTS 2.01 Good Standing. The Contractor must maintain good standing as a Florida profit or non- profit corporation, partnership, limited liability company, or other recognized business entity authorized to transact business pursuant to the laws of this State and any other applicable law. The Contractor shall submit a certified copy of a Certificate of Status from the Secretary of State, Division of Corporations, to the Department concurrent with the execution of this Contract. In addition, the Contractor shall submit a resolution to the Department concurrent with the execution of this Contract, indicating that the person(s) executing this Contract are authorized to do so by the shareholders or partners of the business, whichever is applicable. 2.02 Warranty of Ability to Perform. The Contractor shall warrant that there is no action, suit, proceeding, inquiry or investigation at law or equity, before or by a court, governmental 5 Department Contactor 02-1044 agency, public Board or body, pending or threatened, to the best of the Contractor's knowledge, that would in any way prohibit, restrain or enjoin the execution or delivery of the Contractor's obligations, diminish the Contractor's obligations, or diminish the Contractor's financial ability to perform the terms of this Contract. During the term of this Contract, if any of the aforementioned events occur, the Contractor must immediately notify, in writing, the Department of same, and the Department has the discretion to consider same as sufficient cause for the termination of this Contract, pursuant to Section 2.06 herein. 2.03 Indemnity. (1) The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Eligible Users, and their officers, agents, and employees, from third party suits, actions, damages, and costs of every name and description, whether brought under contract, tort, or any other cause of action, including attorneys' fees, arising from or relating to bodily injury, death, and damage to real or personal tangible property alleged to be caused in whole or in part by the Contractor, its agents, employees, partners, or subcontractors; provided, however, that if there is also fault on the part of the State or Eligible User or its agents, officers and employees or any other entity or individual acting on the State's or Eligible User's behalf, the foregoing indemnification shall be on a comparative fault basis. (2) The Contractor shall fully indemnify, defend, and hold harmless the State and Eligible Users from any third party suits, actions, damages, and costs of every name and description, whether brought under contract, tort, or any other cause of action, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right. The provisions of this subparagraph shall not apply to the Eligible User's misuse or modification of the Contractor's deliverables or the Eligible User's operation or utilization of the Contractor's deliverables in a manner not contemplated by this Contract or the individual purchase document. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Eligible User in an infringement action without the Contractor's prior written consent, which shall not be unreasonably withheld. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Eligible User the right to continue using the product or to modify it to become non -infringing. If the Contractor is not 6 (� Department Contractor 02-1044 reasonably able to modify or otherwise secure the Eligible User the right to continue using the product, the Contractor shall remove the product and refund the Eligible User the amounts paid in excess of a reasonable rental for past use. The Eligible User shall not be liable for any royalties. (3) As a condition to the foregoing indemnity obligations of this section 2.03, the State or Eligible User shall give the Contractor (a) written notice of any action or threatened action, (b) the opportunity to take over and settle or defend any such action at Contractor's sole expense, provided that such settlement shall be with the consent of the Eligible User, which shall not be unreasonably withheld, and (c) full cooperation and assistance in defending the action at Contractor's sole expense. (4) Except as specified in the foregoing portions of this section, for all other claims against the Contractor under any individual purchase document, and regardless of the basis on which the claim is made, whether brought under contract, tort, for liquidated damages or any other cause of action, the limit of the Contractor's liability under a purchase document for direct damages shall be the greater of (i) $100,000, (ii) the dollar amount of the purchase document, or (iii) two times the charges rendered by the Contractor under the purchase document. Unless otherwise specifically enumerated in the Contract or in the purchase document, no party shall be liable to another for special, indirect, punitive or consequential damages, including lost data or records (unless the purchase document requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Eligible User may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due to the Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The Department may set off any liability or other obligation of the Contractor to the Department against any payments due the Contractor under any contract with the Department. 2.04 Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Contract Administrator, who shall reduce the decision to writing and serve a copy on the Contractor. The decision of Contract Administrator shall be final and conclusive unless within ten (10) days from the date of receipt, the Contractor files with the Contract Administrator a petition for administrative hearing. Said petition shall be addressed to the Secretary of the 7 UAVa- I > �, Department Con ctor 02-1044 Department, hereinafter referred to as "Secretary." The Secretary's decision to grant or deny the hearing in the event of any such petition shall be final, subject to the Contractor's right to judicial review pursuant to Chapter 120, Florida Statutes. 2.05 Liquidated Damages. The Contractor acknowledges that the State retains the sole discretion of whether to pursue the remedy of liquidated damages for material non-performance of services as stated in the Eligible User's Purchase Document, in addition to other legal remedies available as provided in Section 2.06, herein. In the event of default of specific obligations, the Parties acknowledge and agree that the Party not at fault may be entitled to damages and that by their nature such damages will be difficult to ascertain at this time. The issues involved in determining the amount of damages to which the non -defaulting Party would be entitled will be multiple and complex, and will be dependent on many and variant factors, proof of which could be burdensome. One of those variant factors is the nature and amount of work that will be set forth in the scope of Consulting Services in the Eligible User's Purchase Document. Further, the Parties wish to avoid lengthy and expensive litigation upon occurrence of an event of default. Therefore, the Parties agree, in view of the circumstances and uncertainties that may be present at the time of default, that it is in the best interest of both Parties and the State of Florida that the Eligible User and the Contractor agree upon a reasonable amount of liquidated damages, if appropriate, according to the scope of services and Contractor's deliverables, and that the amount be set forth in writing in the Purchase Document. If the Eligible User and the Contractor agree that liquidated damages are not appropriate according to the scope of services and Contractor's deliverables, a statement so stating shall be included in the Purchase Document. The Parties further stipulate that the amount of liquidated damages provided for in the Purchase Document is not intended to be a penalty and is purely intended to reasonably compensate for unknown and unascertainable damages. 2.06 Cancellation/Termination/Default. It is likely that this Contract may be cancelled by the Department during the Contract Term in order to accommodate the State's new E -Procurement system. In addition, this Contract may be cancelled in whole or in part by either Party, for any reason, by giving thirty (30) days written notice to the other Party. In addition and pursuant to Section 287.058(1)(c), Florida Statutes, the Department shall unilaterally cancel this Contract if the Contractor refuses to allow public access to any and all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the 8 Department Con ctor 02--1044 Contractor in conjunction with the Contract. As stated in Section 2.05 herein, the Department may exercise its right to liquidated damages for material non-performance. However, in addition to seeking liquidated damages, the Department reserves the right to terminate the Contract for cause pursuant to Rule 60A-1.006(3), Florida Administrative Code, which governs the procedure for and consequences of termination for cause. 2.07 Performance Standards. The Contractor must warrant that all work performed complies with customary, reasonable, and prudent standards of care in accordance with the industry and must perform Consulting Services in a professional manner. The Contractor and the Eligible User shall set forth the performance standards particular to the Consulting Services in the Purchase Document. The Contractor agrees that if the level of performance of Consulting Services is not to industry standard, that the Department, in its sole discretion, may consider such failure as a default and unilaterally terminate this Contract, pursuant to Section 2.06, herein. Except as expressly stated in this section 2.07, there are no warranties, expressed or implied. THE CONTRACTOR DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2.08 Insurance Requirements. The Contractor must cant' as a minimum $1,000,000.00 of general liability coverage, which shall include errors and omissions coverage, or the aggregate total of all Purchase Documents outstanding at any one period of time, whichever amount is greater. The Contractor shall add the Department as an additional insured on the general liability coverage. The insurance shall cover all of the Contractor's operations under this Contract and shall be effective throughout the Term of this Contract, as well as any renewals or extensions thereto. It is not the intent of this Contract to limit the types of insurance otherwise required by this Contract or that the Contractor may desire to obtain or be required to obtain by law. The Contractor must submit a Certificate of Insurance indicating coverage for general liability purposes and additional insured coverage, and shall maintain and pay for same throughout the Term of this Contract. A Certificate of Insurance indicating adequate coverage shall be submitted to the Eligible User prior to the issuance of any Purchase Document. Any and all insurance policies shall be through insurers qualified to do business in Florida. 2.09 ADA Requirements/Unauthorized Aliens. Contractor assumes the sole responsibility for compliance with all laws, rules and regulations stated in the Americans with Disabilities Act. The Contractor acknowledges and affirms that the employment of unauthorized aliens by the Department Contractor 02-1044 Contractor shall be • considered a violation of Section 247A(e) of the Immigration and Nationalization Act. If the Contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the Contract by the Department. The Parties agree that failure to comply with this section shall be grounds for termination of this Contract in accordance with Section 2.06 herein. By reference, Contractor affirms that it is not in violation of either law at the present time. 2.10 Non -Discrimination and Equal Opportunity. The Contractor agrees to not discriminate on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status in its operation management and employment practices and with respect to availability and accessibility of products and/or product services to the public. The Contractor agrees to comply with all applicable laws of the State of Florida and of the United States of America, regarding such non-discrimination and equality of opportunity. Furthermore, in accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. By reference, the Contractor submits that it is not in violation of either law at the present time. The Parties agree that a violation of this section shall constitute sufficient grounds for termination as stated in Section 2.06, herein. 2.11 Public Entity Crime. The Contractor certifies that during the Term of this Contract and any renewals thereof as contained in Section 1.03 herein, that the Contractor is not listed on the convicted vendor list by the Department or any convicted vendor list maintained by the Federal Government. The Contractor agrees that it may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant for the Department for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. A "person" or "affiliate" includes any natural person or any entity, including predecessor or successor entities or any entity under the control of any natural person who is active in its management and who has been convicted of a public entity crime (Section 287. 133, Florida Statutes). The Parties agree that a breach of this section shall constitute sufficient grounds for termination as contained in Section 2.06, herein. 2.12 Patents and Royalties. The Contractor, without exception, shall indemnify and hold harmless the Department from liability of any nature or kind, including cost and expenses for or 10 _SAAW C Department Con actor 02-1044 on account of any copyrighted, patented, or unpatented invention, process or article supplied by the Contractor. Further, if such claim is made or is pending, the Contractor may, at its option and expense, procure for the Department the right to continue use of, replace or modify the article to render it noninfringing, or accept the return of the article and reimburse the Eligible User for all costs incurred. If the Contractor uses any design device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the negotiated prices shall include all royalties or costs arising from the use of such design, device, or material in any way involved in the work. 2.13 Intellectual Property. Unless otherwise expressly agreed to, any ideas, concepts, know-how, data processing techniques, data compilations, software, documentation, diagrams, schematics or blueprints developed by the Contractor personnel in connection with this Contract shall be the exclusive property of the Eligible User. The Parties agree that any joint or future software development effort shall be subject to a separate agreement signed by the Eligible User and the Contractor, wherein all ownership and license rights to such developed product shall be specified in detail. In the absence of such agreement, each party shall maintain sole ownership of its own protectable proprietary materials, which are developed or owned solely by the Eligible User or the Contractor, respectively. Nothing in this Agreement shall affect in any way the Department, Contractor, or third party, ownership of all right, title and interest in and to any existing contractor, or third party, system software, application software, routines, techniques, ideas or formulae which may be utilized in whole or in part by either Party in performing services hereunder, or any modifications, enhancements or derivative works thereof, which shall remain solely the property of the Contractor. 2.14 Assignment. The Contractor may not sell, assign or transfer any of its rights, duties or obligations under this Contract without the prior written consent of the Department. However, the Department shall have the ability to assign this Contract provided it provides written notice to Contractor of its intent to do so. 2.15 Governmental Restrictions. in the event any governmental restrictions may be imposed that would necessitate alteration of the material, quality, workmanship or performance of the products and/or product services offered in this response prior to their delivery, it shall be the responsibility of the Contractor to immediately notify the Department in writing, indicating the specific regulation that requires the alteration. The Department reserves the right and the 11 LM " Department Con for 02-1044 complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Department, pursuant to Section 2.06 herein. 2.16 Legal Requirements. If any dispute arises out of this Contract, the venue of any such legal recourse will be Leon County, Florida. The Parties agree that any and all applicable provisions of Federal, State, County and local laws, ordinances, rules and regulations shall govern this Contract. The Parties agree that should a dispute arise regarding the subject matter herein, which results in litigation, the prevailing party shall be awarded reasonable attorneys' fees and costs for such litigation and any and all appeals. 2.17 Notice. All notices under this Contract to be served upon the Department shall be served by certified mail, return receipt requested, by reputable air courier service, or delivered personally to each of the following: Department of Management Services Division Director Division of State Purchasing 4050 Esplanade Way Tallahassee, FL 32399-0950 Department of Management Services Office of the Secretary 4050 Esplanade Way Tallahassee, FL 32399 Department of Management Services Office of the General Counsel 4050 Esplanade Way Tallahassee, FL 32399 All notices under this Contract to be served upon the Contractor shall be served by certified mail, return receipt requested, by reputable air courier service, or delivered personally to: Bob Abernathy, Director, Public Sector Unisys Corporation 1545 Raymond Diehl Road Tallahassee, Florida 32308 The Parties agree that any change in the above -referenced address or name of the contact person shall be submitted in a timely manner to the other Party. 2.18 Workers' Compensation Insurance Requirements. The Contractor shall procure and 12_ Department Con actor 02-1044 maintain throughout the Term of this Contract, Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract at the site of the project is not protected under the Workers' Compensation statute, the Contractor shall provide, and cause each sub -contractor to provide, adequate insurance, satisfactory to the Eligible User, for the protection of its employees not otherwise protected. The Contractor must submit a Certificate of Insurance indicating workers' compensation insurance coverage, to the Eligible User at the time the Purchase Document is drawn. 2.19 Lobbying. Pursuant to 216.347, F.S., the Contractor may not expend any state funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency. 2.20 Internet Home Page. This Contract is a public document. The Department is using My Florida.com on the World Wide Web (WWW) to distribute State Term Contracts and product information to Eligible Users and other interested entities. While not required at this time, each Contractor is encouraged to develop and maintain a home page on the WWW. The home page must be compatible with the most recent version of browser software being used by the State of Florida, State Technology Office. As of the writing of this Contract, Microsoft Internet Explorer 5 is the browser standard. The Department intends to upgrade to new browser versions, as they become available and fully tested, at its discretion. The Universal Resource Locator (URL) for the Contractor's home page must be listed in the space provided on the Ordering Instructions page of the Contract. 2.21 Confidential Information. Each Party may have access to confidential information made available by the other. The Parties agree that each party shall protect such confidential information in the same manner as it protects its own confidential information of like kind. Disclosure of any confidential information received by the State of Florida will be governed by the provisions of the Florida Public Records Act, Chapter 119, Florida Statutes. 2.22 Independent Contractor. In connection with this Contract, each Party is considered an independent contractor and as such will not have any authority to bind or commit the other. 13 l/u� Department Cond or 02-1044 Nothing herein shall be deemed or construed to create a joint venture, partnership or agency relationship between the Parties for any purpose. 2.23 Force Majeure. Neither party shall be liable for any delays or failures in performance due to circumstances beyond its control, provided said Party experiencing the force majeure condition provides immediate written notification to the other Party and takes all reasonable efforts to cure said condition. 2.24 Advertising. No Contractor advertising or publicity, including, but not limited to press releases and references, is allowed unless the Contractor receives prior written permission from the Department. The Contractor shall not use the Department's name, or the State of Florida, or any other identifying marks or property for any advertising or publicity purposes unless the Contractor receives prior written approval from the Department. 2.25 Key Personnel Assignment. The Contractor agrees that in the event it becomes necessary for the Contractor to change key personnel while performing the services hereunder, substitution of said personnel shall take place upon the Eligible User's prior written consent. Failure to notify the Eligible User prior to the change of key personnel or a substantial change in key personnel as determined by the Eligible User may be sufficient cause for default of this Contract pursuant to Section 2.06, herein. 2.26 Severability Clause. The Parties agree that if any term or condition herein is deemed void or unenforceable by a court of competent jurisdiction, the other provisions are severable from that void provision and shall remain in full force and effect. 2.27 Appropriations. The Parties agree that the Eligible User's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. In the event the appropriation is not made, the Contractor shall not be entitled to file a claims bill. 2.28 Conflict of Interest. The Contractor agrees to disclose the name of any officer, director, or agent who is also an employee of the State of Florida, or any of its agencies. In addition, the Contractor also agrees to supply the name of any State employee who owns, directly or indirectly, an interest of five percent (5%) or more in Contractor. 2.29 Addition/Deletion. The Parties agree that the Department reserves the right to add or to delete any products and/or product services from this Contract when deemed to be in the State's best interest. 14 LM W cV. Department Contr for 02-1044 2.34 Waiver. The delay or failure by the Department to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of that Party's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 2.31 Interpretation. The Parties agree to the following rules regarding the interpretation of this Contract: i.) the Florida Statutes, the Florida Administrative Code and other Florida law shall govern any inconsistencies in this Contract, ii.) headings and captions are for convenience only and are not to be used in the interpretation of this Contract, iii.) all references to Sections and Exhibits are to Sections and Exhibits contained in this Contract, iv.) the provisions of the Exhibits are incorporated in this Contract, and in the event of a conflict, the terms and conditions of the Contract govern over any terms and conditions set forth in the Exhibits. 2.32 Contract Administrator. The Department shall name a Contract Administrator during the Term of this Contract whose responsibility shall be to maintain this Contract. The Contractor shall provide written notice of any contract changes to the Contract Administrator. The Contract Administrator is currently Maureen Livings and the contact information is contained in the Section 2.17, entitled Notice, herein. 2.33 Drug Free Workplace Program. The Contractor agrees to implement a drug free workplace program as defined in 287.087, Florida Statutes, throughout the Term as defined in Section 1.03, herein. 2.34 Waiver of Jury Trial. The Contractor agrees that in the event litigation ensues regarding this Contract, that the Contractor waives its right to a jury trial. 2.35 Performance Bond. The Contractor agrees to provide the Eligible User with a performance bond in the total amount of the Purchase Document guaranteeing that the Contractor will perform all Consulting Services according to this Contract, within the time stipulated and agreed pricing, if the Purchase Document meets or exceeds Category Five, or $250,000. In addition, Contractor agrees to provide the Eligible User a performance bond, regardless of the category amount, in the total amount of the Purchase Document if any item, portion, or part of the scope of work contained in the Purchase Document includes modifying, maintaining, or fixing any data file systems (i.e. flat file, indexed file, or database structure) or source code programs pertaining or relating to State of Florida owned systems software and/or applications software. Notwithstanding the above, the Parties agree that if the Contractor 15 IM IYAK (2- C11 Department Con for 02`1044 performs such services on a time and materials basis rather than a fixed deliverable basis, and has acquired professional liability insurance with adequate coverage for the project covered by the Eligible User's Purchasing Document, the Parties may exempt the Contractor from the performance bond requirement with the written consent of the State of Florida's Chief Information Officer of the State Technology Office, or his or her duly authorized designee, as defined in Section 282.102, Florida Statutes. The Contractor shall provide the performance bond to the Eligible User and a copy to the Department before any Consulting Services commence. Said bond shall be issued by a reliable surety company, licensed to do business in the State of Florida and approved by the Federal Department of Treasury. The Eligible User and the Contractor shall not issue numerous Purchase Documents to evade the intent of this section. 2.36 Effective Date. The effective date of this Contract shall be the date last ascribed hereinbelow. 2.37 Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. No oral agreements or representations shall be valid or binding upon the Department, an Eligible User or the Contractor unless expressly contained herein or by a written amendment to this Contract, which is not in conflict with the terms and conditions of this contract. 16 uuw Department Con ' ctor 02-1044 IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed, on the dates shown below their respective names. "DEPARTMENT" MU M-1XIM Print name: McItSSA Wcbosq i7bMj06 lc2 "CONTRACTOR" Signature Print name:r'- Title: De Dinrcf TSSfu+e PNrchojsih3 Title: '� r�"•`(-f c�.c �r�l cc�,c��i Date: _ -1 I I a 10 -2 - Approved Approved as to form and legality by the Department General Counsel's Office Print name: CH ;/N Date: (4S Date: 711 L/ :1 2 - 17 t -U AV - Department Con` n r ctor 02-1044 Exhibit "A" — Portfolio of Services Unisys Corporation Unisys Corporation is an established and stable company with more than 100 years of corporate history. We were originally chartered in 1886 as the Burroughs Adding Machine Company. Our name changed to Unisys Corporation following the merger with Sperry Corporation in 1986. Unisys is one of a select group of global companies with the broad portfolio of services, technologies, and business partners alliances needed to deliver the total benefits of information management. In 2001, Unisys 37,000 personnel achieved total worldwide revenue of $6 billion attributable to a portfolio of services, systems, and support, helping customers manage information for tangible business results. This success is built on combining technical expertise with an in-depth knowledge of the industry trends and business challenges facing clients. Chairman, President, and CEO of Unisys, Larry Weinbach, articulates our mission well: "These are exciting times at Unisys.... We tightened our strategic focus on providing solutions for two markets: information services and enterprise -class servers. And I stress the term `solutions' because our business is helping clients become more successful by using technology to help them solve their business problems." Unisys delivers professional and technical services through major business units—Global Industries (GI), Global Network Services (GNS), Systems and Technology (S&T), Global Outsourcing (GO), Federal Government Group (FGG), and Enterprise NT Services. For more than 50 years, Unisys has developed, managed, and integrated solutions in complex, mission -critical environments for clients in financial services, government, communications, transportation, and commercial markets. Today, systems integration represents more than half of Unisys worldwide services business. Most of this business is carried out by the Unisys Global Industries Group, which designs, builds, and delivers client - specific business solutions that are integrated with new or existing hardware, packaged and custom software, and communications protocols and networks. Unisys integrates these solutions into a client's business environment and current technology infrastructure, taking advantage of what is already in place to help clients protect their IT investments. 18 Department Con ctor 02-1044 Exhibit `B" — Labor Categories/Rates Schedule Unisys Corporation Management Consulting Services: Standard Rate Discounted Position Minimum per Hour State Rate Principal 4 hours $400 $320 Project Director 4 hours $370 $315 Senior Systems Architect 4 hours $325 $276 Senior Project Manager 4 hours $300 $255 Integration Architect 4 hours $275 $234 Project Manager 4 hours $250 $213 Technology Architect 4 hours $225 $192 Consultant 1 4 hours $210 $179 Systems Architect 4 hours $210 $179 Sr. Systems Analyst 4 hours $210 $179 Consultant 2 4 hours $170 $145 Systems Analyst 4 hours $170 $145 Consultant 3 4 hours $140 $119 Programmer/Analyst 4 hours $140 $119 Consultant 4 4 hours $110 $94 Sr. Programmer 4 hours $110 $94 Technical Associate 4 hours $95 $81 Programmer 4 hours $95 $81 Unisys Corporation offers a wide range of professional services to support the design, development, testing, training, conversion, implementation and management of computer applications and systems. MANAGEMENT CONSULTING SERVICES Unisys Consultants can help design or redesign business processes, solve operational or technical problems and work with you to develop and implement systems strategies that fit your specific environment that will contribute to more cost effective and efficient business applications. Principals lead the management and/or delivery of replicable services and solutions into targeted high-growth markets for new and existing clients. They manage and/or deliver large projects, typically with multi-year contracts, multiple subcontractors and numerous deliverables. 19 tJ�l1 Department ConActor 02-1044 Project Managers provide team leadership and creativity in the development and -implementation of service engagements. They work with the client, Principal and project team to plan, develop, organize and monitor the delivery of services. Their responsibilities cross functional lines, resulting in one focal point for all management activity required to accomplish the specified goals. Their ultimate measure of success is the delivery of high quality solutions, within the planned delivery timelines and budget while achieving high levels of client satisfaction and profitable revenue growth. The level of Project Manager assigned depends on the specific needs of an engagement. Project Director directs large-scale system design and development engagements. Works with the client to develop solutions that best fit the enterprise -wide business. Develops organizational, functional and informational technology strategies while incorporating industry best practices. Senior Project Manager manages the development and integration of the entire project(s). Manages and leads medium to large engagements. Sets objectives and priorities for the project staff. Assigns and reviews tasks, performance, and staffing requirements. Works with the client to successfully meet the client needs and satisfy the statement of work for the engagement. Project Manager provides overall direction and leadership to small to medium size project team. Works closely with the client to complete the engagement on schedule and within budget. Consultants work to provide support, advice and guidance on the correct application of a solution or technique. Consultants design, develop and implement solutions by using standard methods, techniques and tools applicable to the engagement area in which they are working. Their assignments range in complexity from basic analysis and problem solving to developing recommendations for complete business solutions or technical applications. The level of consultant assigned to a consulting engagement or task(s) is dependent of the specific needs of the client opportunity. Consultant 1 is a senior consultant who is recognized as an extremely knowledgeable resource in several technical domains. This individual provides leadership to a team of junior consultants. A Consultant 1 designs total system solutions for smaller projects or for portions of larger projects. They apply theories, concepts and systems integration operating principles and develop client support pians for complex systems and/or major projects Consultant 2 functions as the technical lead on small projects or portions of larger projects. This individual provides leadership to junior consultants, helping them to resolve routine problems. A Consultant 2 designs quality control and test procedures, applies the technical expertise to support the development of the technology architecture and total systems solution. The Consultant 2 works closely with the client to assure the needs of the client are understood and properly addressed. Consultant 3 works under the direction of more senior consultants. A Consultant 3 investigates, analyzes and resolves routine and non -routine problems in selected functional areas. This individual assesses, gathers and evaluates client capabilities and needs. In addition, he coordinates work among specialists, solution engineers and clients as well as assists with the design and development of software applications as required. Consultant 4 works under the general supervision of more senior consultants. This indivudual assists with assessing, gathering and evaluating client capabilities and needs. He analyzes, designs, develops, implements, and maintains a variety of client environments, solutions, and training coursework. 20 Jl� r LM d Department Con / ctor 02-1044 Technical Associate entry-level consultant works under the supervision of more senior consultants. He provides project assistance in the areas of documentation, training, unit testing, installations and implementations of software applications and hardware platforms. Architects evaluate and design the client's technical combinations of hardware and software operating environments for cost effective optimum performance. Integration Architect conceptualizes, architects, designs, implements and supports integrated solutions for client engagements. He advises, analyzes, researches, designs, installs, and implements products or complex technology or application solutions for a unit or organization. Technology Architect installs and implements complex technology or application solutions. He provides maintenance and technical support on solutions using current and emerging technologies. Senior Systems Architect provides overall design and implementation support services for overall solution specifications, providing the systems hardware and software requirements as well as the design and implementation of the application solution. Systems Architect implements and supports complex systems technology or software. Programmers and Analysts Senior Systems Analyst provides senior level assistance in the development of complex design specifications from which information systems solutions can be planed, designed, developed, and implemented. Additionally, high-level complex systems administration functions, analysis and support services can be provided for numerous hardware and software platforms. Systems Analyst provides assistance in the development of design specifications from which information systems solutions can be planed, designed, developed, and implemented. Additionally, complex systems administration functions, analysis and support services can be provided for numerous hardware and software platforms. Programmer/Analyst provides assistance with design, development and implementations of programs for numerous application languages. Additionally, systems administration functions, analysis and support services can be provided for numerous hardware and software platforms. Senior Programmer provides senior level assistance with development and implementation of programs for numerous application languages. Programmer provides assistance with development and implementation of programs for numerous application languages. 21 Department Contrictor 02-1044 —,f% .1 "A A NETWORK ANDDESKTOP SUPPORT SERVICES Help Desk Services Help Desk How to Service - Unisys Help Desk services provide end-user level one "how to" support for industry leading "shrink-wrapped" software applications. Unisys will provide support for current versions plus two previous releases. This support is available 7:OOAM to 7:OOPM Monday through Friday, excluding Unisys recognized holidays. Standard services included are: dedicated phone line access to our help desk facilities, electronic monthly call summary reports, and up to 15 days of discovery and implementation consulting. Additional hours will be charged using the rates below. The price for this service is $28.00 per call. The minimum number of calls is 500 per month. All agreements are for a 12 -month period. Select Plus Service — Unisys Help Desk Select Plus service includes the services identified above plus a dedicated phone line with customized greeting, additional reporting options - i.e., weekly/daily electronic reprints, single point of contact with referral and escalation support and up to 22 days of discovery and implementation consulting. The price for this service is $24.00 per call. The minimum number of calls is 1,000 per month. All agreements are for a 12 -month period. Unisys performs an analysis of the client's current server environment, desired enhancements, and on-going support requirements. Once the assessment is complete, Unisys designs and implements a plan to migrate from current environment to desired future architecture. 22 &MPY L Department Contrfor 02-1044 Exhibit "C" -ORDERING INSTRUCTIONS --- NOTE: ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER: F-380387840-002 VENDOR: Unisys Corporation (A) Attn: Bob Abernathy STREET ADDRESS OR P. O. BOX: 1545 Raymond Diehl Road CITY, STATE, ZIP: Tallahassee, Florida 32308 TELEPHONE: 850-298-5613 ORDERING FAX NO.: 850-298-5696 SERVICES INFORMATION: DIRECT INQUIRY TO: NAME AND TITLE: Bob Abernathy, Director, Public Sector ADDRESS: 1545 Raymond Diehl Road CITY, STATE, ZIP: Tallahassee Florida 32308 TELEPHONE: 850-298-5613 URL HOME PAGE ADDRESS: hU://www.unisys.com ELECTRONIC MAIL ADDRESS: Robert.Abernathy@unisys.com 23 wlw � r, Department Con for 02—tO-44 252-024-01-1 = Computer Software: Symantec Computer Software: Sym 6ntec 252-024-01-1 Effective: 03/23/01 through 03/22/04 Certification Special Conditions Price Sheet Ordering Instructions Revisions Complete Contract Contractors Symantec http://www.symantec.com/refemce/govt/ Page 1 of 1 02-1044 hq://v,rww.myflorida.com/st—contracts/25202401 1/ 8/22/2002 Suite 315 CERTIFICATION OF CONTRACT TITLE: Computer Software: Symantec CONTRACT NO.: 252-024-01-1 BID NO.: Negotiated EFFECTIVE: March 23, 2001 through March 22, 2004 SUPERSEDES: New CONTRACTOR(S): Symantec Q Page 1 of 2 Suite 315 ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF WILLIAM SPENCER A (850) 921-6027, SUNCOM 291-6027, E-MAIL: spencebna_,dms.state.fl.us (Rev 10 May 02) A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services on March 23, 2001, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Symantec Software & Maintenance by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to provide your input and recommendations for improvements in the contract to State Purchasing for receipt no later than 90 days prior to the expiration date of this contract. 02-1044 http://www.myflorida.com/st—contracts/25202401 I/certification.htna 8/22/2002 Suite 315 Authorized Signature (date) WS/kep Attachments 02-1044 Page 2 of 2 http://www.myflorida.com/st—contracts/25202401 1/certification.htin 8/22/2002 SPECIAL CONDITIONS Page 1 of 9 SPECIAL CONDITIONS PURPOSE The purpose of this Negotiation is to establish a 36 month contract for the purchase of Symantec License, and Maintenance Services by all State of Florida agencies and other eligible users in accordance with the following Eligible Users paragraph. It is anticipated that the contract will be effective from March 23, 2001 through March 22, 2004. ELIGIBLE USERS Under Florida Law use of State contracts shall be available to political subdivisions (county, local county board of public instruction, municipal, or other local public agency or authority) State Universities and private non-profit, educational facilities as defined in Section 240.605 F.S. and the Commission for the Transportation Disadvantaged as defined in Section 287-042 (2)(a). OPTIONAL CONTRACT USAGE In addition to the eligible users referenced above with the consent of the successful respondent(s) purchases may be made under the terms and conditions of this Negotiation, by government entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. ESTIMATED QUANTITIES It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately $1,000,000 under any contract resulting from this Negotiation. These estimated figures are given only as a guideline for preparing your Negotiation response and should not be construed as representing actual figures under the contract. SPECIAL ACCOMMODATIONS Any person requiring a special accommodation at Division of State Purchasing because of a disability should call Division of State Purchasing at (850) 488-8440 at least five (5) workdays prior to any meeting. If you are hearing or speech impaired, please contact the Division by using the Florida Relay Service, which can be reached at 1 (800) 955-8771 (TDD). SPECIAL SALES OFFERS All purchases made from State contracts by eligible users must be in strict adherence to all terms, conditions and prices contained therein; therefore, all contract suppliers and their representatives are required to present any "special" price proposals directly to Division of State Purchasing. SALES PROMOTIONS It is understood that sales promotions may occur during the term of the contract that will lower the prices of some products for the period of the sales promotion. Any such reduction shall appear on the using agency invoices. Sale pricing shall be made available to all users of the contract, with the exception of sale pricing that may be extended to educational institutions. The contractor to Division of State Purchasing shall document sales promotions in writing. Contractor shall specify start and ending dates of the sales promotion. Division of State Purchasing will not accept sales promotions specifying limited quantities or closeouts. DELIVERY REQUIREMENTS All prices offered shall include delivery to purchaser within 14 days. 02-JO44 http://www.myflorida.com/st—contracts/25202401 l/conditions.htm 8/22/2002 SPECIAL CONDITIONS Page 2 of 9 02-1044 http://www.myflorida.com/st—contracts/25202401 1/conditions.htin 8/22/2002 SPECIAL CONDITIONS Page 3 of 9 NOTICE TO CONTRACTOR The employment of unauthorized aliens by any contractor is considered a Violation of section 247A(e) of the Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of the contract. PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in f.s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. DISCRIMINATION In accordance with Section 287.34, Florida Statutes, an entity of affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on lease of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. AUTHORIZED DEALERS/DISTRIBUTORS AND/OR SERVICE LOCATIONS• On any contract where orders will be directed to Authorized Dealers/Distributors or listing Service Locations, this information shall be provided by the vendor as part of the negotiation package in hard COPY SURCHARGE FEE AND SUMMARY OF TOTAL SALES Division of State Purchasing hereby imposes a vendor surcharge fee of .5% (1/2 of 1%) on contractors' sales under any contract resulting from this negotiation. The fee will be paid by the contractor and must be included in submitted prices and cannot be added as a separate item. Use of this contract will be optional by State Agencies. If a State Agency elects to purchase from a source other than the resulting State contract, such purchases shall be in accordance with Chapter 287, F.S., and 60A Florida Administrative Code. After receipt of payment from the contract purchases, all vendor surcharge fees shall be payable to the State of Florida no later than 15 days after the end of each quarter. Vendor surcharge fee and contract number should be noted on the check and remitted to: State of Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 Contract supplier shall furnish Division of State Purchasing a detailed summary of sales at the end of each quarter. By submission of these Sales Summary reports and corresponding vendor surcharge deposits, the contractor(s) is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State of Florida. Summary information shall be provided each quarter and shall include the following. 02-1044 http://www.myflorida.com/st—contracts/25202401 1/conditions.htin 8/22/2002 SPECIAL CONDITIONS Page 4 of 9 A. State Contract Number - B. Identity of purchaser _ C. Type of software sold D. Total sales of software/New license sales per quarter and year-to-date E. Total sales of upgrade (maintenance) releases and upgrades purchased per quarter and year-to- date F. Total sales per quarter and year-to-date Failure to comply with these requirements will result in the contract supplier being found in default, in which case any and all re -procurement costs and all outstanding vendor surcharge fees may be charged against the defaulting contractor and may result in immediate, unilateral cancellation of your contract by Division of State Purchasing. To comply with this provision of the contract, Symantec has elected to appoint a reseller to provide the pricing web site, the quarterly reports and the user fee directly to the State. Any questions should be addressed first with the appointed reseller. PRICE LISTS On any contract where pricing is based on a Manufacturer's or Dealer's published price list (net or discounted), the price list must be provided by the respondent as part of the package in hard copy, and on a 3.5 inch diskette as a Word or Excel document. Any subsequent revisions shall be submitted in the same format to State Purchasing Contract Administrator, for review and approval prior to implementation. Updates may be submitted by e-mail or diskette. The Contract resulting from this negotiation will become a public document. The State of Florida, State Purchasing is using the Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute State Term Contracts and product information. Each Contract Vendor shall develop and maintain a State Contract Web Page on the Internet WWW to post the State Contract prices. This site must be dedicated to the State of Florida Contract. Access to the site and its information cannot be password protected. The Page must be compatible with the most recent version of browser software being used by State Purchasing. As of the writing of this solicitation, Netscape Navigator 3.0 is the State Purchasing Browser standard. State Purchasing intends to upgrade to a new browser version as it becomes available and fully tested, at its discretion. State Contract Page must be as follows: ➢ Solely for current contract pricing ➢ Additional links or information may be placed on the left edge of the screen to access additional product literature, the vendor's home page, the history of the company, etc. ➢ The center of the screen contains information and pricing that relates to only the terms on the contract being served. ➢ The Universal Resource Locator (URL) for the Internet Page must be supplied to Purchasing prior to the implementation of the contract. Failure to follow the above specifications as required in this section will be grounds for the link being broken from the State Contract and may be grounds for removal from the contract. 02-1044 http://www.myflorida.com/st—contracts/25202401 I/conditions.htrn 8/22/2002 SPECIAL CONDITIONS Page 5 of 9 WARRANTY - Contract shall warrant that the Software licensed to Eligible Users s'all operate in substantial conformance with the applicable documentation for one (1) year from date of delivery provided that Eligible Users adhere to the minimum configuration guidelines and other restrictions in the applicable documentation. Warranty does not reactivate to an additional 1 year with each or any up -date that Vendor provides to Eligible Users as part of maintenance services. Vendor does not warrant that use of the Software will detect or block all computer viruses. Purchaser acknowledges that unknown viruses can be created and distributed at anytime and that, at a minimum, a pattern update must be implemented correctly, in a timely fashion and prior to infection to protect a system from loss of data and other damages caused by computer viruses. Vendor's liability under these general and Special Conditions is subject to the limitations set forth in the section entitled "LIMITATIONS OF REMEDIES." YEAR 2000 COMPLIANCE WARRANTY: For purposes of this Year 2000 warranty, the term "Product" shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and purchased by the State, for which Vendor is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the State. Vendor cannot be held responsible for errors resulting from devices or systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users' improper integration of non -Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. REMEDY CLAUSE: In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the essence. 02--x.044 http://www.myflorida.com/st—contracts/25202401 1/conditions.htin 8/22/2002 SPECIAL CONDITIONS Page 6 of 9 02-1044 http://www.myflorida.com/st—contracts/25202401 1/conditions.htm 8/22/2002 SPECIAL CONDITIONS Page 7 of 9 RESELLERS: All products bid under this bid/contract will be Year 2000 compliant. Yeai_2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following January 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in way that are unambiguous as to century. Resellers may provide a "pass through warranty" from the manufacturers/software developer, which meets all the warranty requirements by the State, and which shall include all other warranties provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy warranty requirements. FORCE MAJEURE Neither parry shall be liable for any delays or failures in performance due to circumstances beyond its control. LIMITATION OF REMEDIES Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or n on -performance of machines or programming (other than licensed programs) furnished under this Agreement, the State's remedy is (a) the adjustment or repair of the machine or replacement of its parts by Contractor, or at Contractor's option, replacement of the machine or correction of programming errors, or (b) if, after repeated efforts, Contractor is unable to install the machine or a replacement machine, model upgrade or feature in good working order, or to restore it to good working order, or to make programming operate, all as warranted, the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. For any other claim concerning performance or non-performance by Contractor pursuant to, or in any other way related to the subject matter of, this Agreement or any order under this Agreement, the State shall be entitled to recover actual damages to the limits set forth in this Special Condition. If this contract is for purchase of machines, then the following shall apply. Contractor's entire liability for damages to the State for any cause whatsoever, and regardless of form of action, whether in contract or in tort including negligence, shall be limited to the greater of $100,000 or the appropriate price stated herein for the specific machines that caused the damages or that are the subject matter of or are directly related to the cause of action. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in the General Condition 14 entitled "Patents and Royalties", or to (b) claims for re -procurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(3) entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by Contractor's negligence or tortious conduct. If this contract is for the purchase of hardware maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in. contract or in tort including negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal to 12 months maintenance charges for the specific machines under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific machines when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 02-1044 http://www.myflorida.com/st—contracts/25202401 1/conditions.htm 8/22/2002 SPECIAL CONDITIONS Page 8 of 9 entitled "Patents and Royalties" or to (b) claims for re -procurement costs or -costs to cover pursuant to State Purchasing Rule 60A-1.006(3) entitled "Default", or to (c) claims by Elie State for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tortious conduct. If this contract is for purchase of software maintenance services, then the following shall apply: Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal to 12 months maintenance charges for the specific software product under this Agreement that caused the damages or that are the subject matter of, or are directly related to, the cause of action. Such maintenance charges will be those in effect for the specific software product when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties", or to (b) claims for re -procurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(3) entitled "Default", or to (c) claims by the State for personal injury or damage to real property or tangible personal property caused by Contractor's negligence or tortious conduct. If this contract is for services other than hardware or software maintenance, then the following shall apply: Contractor's entire liability and the state's exclusive remedy for damages to the state for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal to the charges invoiced for the services which are the subject matter of, or are directly related to, the cause of action. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards referred to in "Patents and Royalties" or to (b) claims for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(3) entitled "Default", or to (c) claims by the Department for personal injury or damage to real property or tangible personal property caused by the Contractor's negligence or tortious conduct If this contract is for the acquisition of licensed programs, including personal computer licensed programs, then the following shall apply: Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non-performance of licensed programs furnished under this Agreement, the State's remedy is (1) the correction by the Contractor of licensed program defects, or (2) if, after repeated efforts, the Contractor is unable to make the licensed program operate as warranted, the State shall be entitled to recover actual damages to the limits set forth in this section. For any other claim concerning performance or non-performance by the Contractor pursuant to, or in any way related to, the subject matter of this Agreement the State shall be entitled to recover actual damages to the limits set forth in this section. Contractor's liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to the greater of $100,000 or the one time charges paid for, or any monthly license or initial license charges which would be due for 12 months use of the licensed program that caused the damages or that is the subject matter of, or is directly related to, the cause of action and shall include any initial or process charges paid to the Contractor. This limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 13 entitled "Patents and Royalties" or to (b) claims for re -procurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(3) entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by the Contractor's negligence or tortious conduct. Contractor shall hold and save the State harmless for any and all suits and judgments against the State for personal injury or damage to real or tangible personal property caused by Contractor's tortious conduct in the performance of this Agreement provided that, (a) the State promptly notifies Contractor 02-1044 http://www.myflorida.com/st—contracts/25202401 l/conditions.htm 8/22/2002 SPECIAL CONDITIONS Page 9 of 9 in writing of any claim, and (b) Contractor shall be given the opportunity, atjts option, to participate and associate with the State in the control, defense and trial of any claims -_and any related settlement negotiations and, provided further, that with respect to any claim, or -portion thereof, for which Contractor agrees at the initiation of such claim that Contractor shall save and hold the State harmless, Contractor shall have the sole control of the defense, trial and any related settlement negotiations, and (c) the State fully cooperates with Contractor in the defense of any claim. In no event, however, will Contractor be liable for (a) any damages caused by the State's failure to perform the State's responsibilities, or for (b) any lost profits or other consequential damages, even if Contractor has been advised of the possibility of such damages, or for (c) any claim against the State by any other parry, except as provided in the hold harmless provision of the preceding paragraph of this Special Condition and except as provided in the General Condition entitled "Patents and Royalties", or for (d) any damages caused by performance or non-performance of machines or programming located outside the United States or Puerto Rico. QUALITY ASSURANCE The contractor, during the contract term, upon mutual agreement, will provide reasonable travel and lodging accommodations for one (1) to three (3) government employees to perform an on site inspection of the manufacturing process(es) and review of the manufacturer's product quality control(s) and total quality management program(s). The contractor will reimburse the State for actual transportation cost, per diem and incidental expenses as provided in Section 112.061, Florida Statutes. It is the State's desire that the contractor provides demonstration of quality control for improvement rather than postproduction detection. VISA ACCEPTANCE The State of Florida has implemented a purchasing card program, using the Visa platform. Vendors may receive payment from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory but is not the exclusive method of payment. Please indicate your ability to accept Visa in the space provided on the Ordering Instruction sheet of the bid. RENEWAL State Purchasing reserves the option to renew the period of this contract, or any portion thereof, for an additional term not to exceed the original contract period. Renewal of the contract period shall be by mutual agreement in writing. RESPONSIBILITIES Symantec Inc. shall maintain and update the licensing records of each eligible agency that purchases from the contract. In turn, the agencies shall designate a liaison to maintain pertinent records and inform Peregrine Systems, Inc. of any changes. DISTRIBUTION OF CERTIFICATION OF CONTRACT One (1) copy of the Certification of Contract shall be furnished to each contractor as a result of this bid. No additions, deletions or changes of any kind shall be made to this certification by the contractor without prior approval of State Purchasing. ORDER OF PRECEDENCE If there is a conflict between the Symantec Agreement and the provisions of the General and Special Conditions then the General and Special Conditions shall take precedence and govern. 02-1044 http://www.myflorida.com/st—contracts/25202401 1/condifions.hbn 8/22/2002 [Contract Number] -- Vendor Information Computer Software: 252-024-01 Symantec Vendor Information Page 1 of 1 Symantec hnp•//www symantee.com/referne/govt/ 02-1044 http://www.myflorida.com/st—contracts/25202401 1/order.htm 8/22/2002 250-000-03-1 = IT Hardware IT Hardware 250-000-03-1 Effective: 08/01/2002 through 07/31/2005 To purchase under this Contract use a Request for Quotes (Suggested Form). How to Use this Contract Products Available Contractors Contract Page 1 of 1 BIZ=iO'`i http://www.myflorida.com/st—contracts/25000003 1/ 8/14/2002 [Contract Number] -- Vendor Information Page 1 of 1 IT Hardware Contract 250-000-03-1 How to Use this Contract: To purchase under this Contract use a Request for Quotes (Suggested Form). Contract Users may find the following Contract Provisions relevant: r Eligible Customers Purchase Orders Trnncnartatian kDpiivPry Alk INVTncnertinn Rt Arrontane. tr Installation Tnvoirinor k PnvmPnt MW .1PrvirP Warranty I.PacP &- TnctallmPnt Pnrrhaepe Refurbished & Remanufactured Products IT hardware Eton* 02-1.044 http://www.myflorida.com/st_contracts/250000031 /How%20to%20Use%20this%20Contr... 8/14/2002 [Contract Number] -- Vendor Information Page 1 of 2 IT Hardware -_ 250-000-03-1 Vendor Information At, Ace Computers http•//flashecom com/acecomputers/images/fla/deskti IV, Acer America http•//www.acer.com/APP/AKC/­­INTERNET/AACPubli.nt IVt Cisco http•//www.cisco-fi.com/ Ark EMC ftp://ftp.emc.com/pub/fusa T Executive Source http•//www.execsource.com/sfl2000 104. Fujitsu PC http://www.fujitsupc.com/www/­floridaPricing.shtmi Fujitsu Technology http•//www ftsi Jujitsu com/services/gov/floridastatecc :r Gateway http://esource.gateway.com/florida w Hewlett-Packard www.compaq.com/state/florida :V Innovative Tech http•//Innovativetechinc.com/state/price.htm .* IBM :: NEC Solutions http://www.neccomp-com/govt/state/fl/florida.htmi Oki Data http•//bpx.okidata.com/fi.nsf ;- Spectra Logic http://www.spectralogic.com/common/collateral/­misc, Ab Stora aTek http://www.storagetek.com/solutions/­public--sector/­ Ab 1W Sun A. Ab Unisys http//unisys.com/marketplace/state/fl/ qW Xerox http•//idsdocushare2.xids.com/dscgi/ds.py/View/Colle, IT hardware How 02-1044 hq://www.myflorida.com/st—contracts/25000003 1/order.htm 8/14/2002 [Contract Number] -- Vendor Information Page 2 of 2 02.-1044 http://www.myflorida.com/st—contracts/25000003 I/order.htm 8/14/2002 CONTRACT Page 1 of CONTRACT This Contract, effective the last date signed below, is by and between the State of Florida, Department of Management Services ("Department"), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and ****** .. ("Contractor"). The Contractor responded to the Department's Invitation for Bid No. 52-250-000-B for Information Technology Hardware. The Department has determined to accept the Contractor's bid and to enter into this Contract in accordance with the terms and conditions of the solicitation. Accordingly, and in consideration of the mutual promises contained in the Contract documents, the Department and the Contractor do hereby enter into this Contract, which is a state term contract authorized by section 287.042(2)(a) of the Florida Statutes (2001). Contractor is authorized to offer products in the following (sub)categories: *****. The term of the Contract is from the effective date to July 31, 2005. The Contract consists of the following documents, which, in case of conflict, shall have priority in the order listed, and which are hereby incorporated as if fully set forth: 4 Any written amendments to the Contract r This document Technical Specifications • Instructions to Bidders General Conditions do 1V' Any purchase order under the Contract Contractor's bid STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES LIM Date Approved as to form and legality by the Department General Counsel's Office: [CONTRACTOR] By: Its: Date Date M44ar+dware *46nw 02-1044 hq://www.myflorida.com/st contracts/250000031/CONTRACT%20GENERIC.htm 8/14/2002 CONTRACT Page 2 of 2 02-1044 hq://www.myflorida.com/st contracts/250000031/CONTRACT%20GENERIC.htm 8/14/2002 25,5-001-01-1 = Principal Technology: Microsoft License, Maintenance, & Services Page 1 of 1 Principal Technology: Microsoft license, Maintenance, & Services 255-001-01-1 Effective: 02/01/01 through 01/31/04 Certification Software Special Conditions Price Sheet _Ordering Instructions Revisions Complete Contract Contractors Microsoft Corporation Software House International http://www.myflorida.com/st—contracts/255001011/ ht 1p://www.microsoft.com/ hnp://www.shicom/ 02-1044 8/22/2002 Suite 315 Page 1 of 2 _ Suite 315 CERTIFICATION OF CONTRACT TITLE: Principal Technology: Microsoft Software, Maintenance & Services CONTRACT NO.: 255-001-01-1 BIDNO.: Negotiate (Consulting Services) 23-255-001-V (Software) EFFECTIVE: February 8, 2001 through February 7, 2004 SUPERSEDES: New (Consulting Services) 255-001-00-1 (Software) CONTRACTOR(S): Microsoft Corporation (A) (Consulting Services) Software House International (P) (Software) ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF WILLIAM SPENCER A (850) 921-6027, SUNCOM 291-6027, E-MAIL: spenceb(kdms.state.fl.us (Rev 30 April 02) A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services on January 12, 2001, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Software, Maintenance, and Consulting Services by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the State Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is to be filed with this office. E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your information. Any restrictions accepted from the supplier are noted on the ordering instructions. 02-1044 http://www.myflorida.com/st—contracts/255001 01 I/certification.htin 8/22/2002 Suite 315 Page 2 of 2 F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form—PUR 7073 should be used to provide your input and recommendations for improvements in the contract to State Purchasing for receipt no later than 90 days prior to the expiration date of this contract. Authorized Signature VA/kep Attachments 02--1044 http://www.myflorida.com/st—contracts/25 5 001011 /certification.htin 8/22/2002 SPECIAL CONDITIONS Page 1 of 11 SPECIAL CONDITIONS PURPOSE The purpose of this Invitation to Bid is to establish a 24 month contract for the purchase of Microsoft License and Maintenance by all State of Florida agencies and other eligible users in accordance with Eligible Users paragraph, General Conditions. It is anticipated that the contract will be effective from April 1, 2000 through March 31, 2002. OPTIONAL CONTRACT USAGE In addition to the eligible users referenced above with the consent of the successful Bidder(s) purchases may be made under the terms and conditions of this Invitation to Bid, by government entities located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. ESTIMATED QUANTITIES It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately $8,000,000 per year under any contract resulting from this Bid. These estimated figures are given only as a guideline for preparing your Bid and should not be construed as representing actual figures under the contract. PURCHASES UNDER $2,500 Agencies have the option to purchase from non -contract vendors provided the cost is below $2,500. State agencies are encouraged to use the State Visa Purchasing card for all purchases under $2,500. SPECIAL ACCOMMODATIONS Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least five (5) workdays prior to the Bid opening. If you are hearing or speech impaired, please contact the Division by using the Florida Relay Service, which can be reached at 1 (800) 955-8771 (TDD). TECHNICAL SPECIFICATIONS 1. The software specified in this bid will be installed by the end users. 2. All bids must provide a manufacturer's cost plus percentage based on the Microsoft products to a qualified Microsoft Large Account Reseller. 3. The bidder must bid the latest version of all software. 4. Options to purchase Microsoft's official documentation and diskettes must be included In bid; 3- 1/2" and CD-ROM disk sets, per product pool (Applications, Systems, Server), as applicable. 5. Products and upgrade advantage to be bid under the MASTER AGREEMENT include all software offered under MICROSOFT CORPORATE SELECT and MICROSOFT EDUCATION SELECT. 6. Competitive upgrade products available to the end users are listed on the Microsoft Select Price List, as referenced on the Manufacturer's Certification. 7. The price list referenced on the Manufacturer's Certification, based on the Microsoft Government Select MVLP-D 50,000 unit level; and Microsoft Education Select MVLP-A designation, will be used for the purpose of this bid and resultant contract. 02-1044 hq://www.myflorida.com/st—contracts/25500101 I/conditions.htm 8/22/2002 SPECIAL CONDITIONS Page 2 of 1 I 02--1044 http://v;ww.myflorida.com/st—contracts/25500101 1/conditions.htm 8/22/2002 SPECIAL CONDITIONS Page 3 of 11 8. Upgrade Advantage — Three (2) year upgrade advantage will be offered for this bid and resultant contract. 9. Options to purchase all Microsoft products under Microsoft Select License and Upgrade Advantage; Microsoft Education Select. 10. Option to purchase both 3-1/2" and CD-ROM must be included. Vendors shall bid Microsoft diskettes. 11. The MASTER AGREEMENT includes all software listed in the referenced Manufacturer's Certification. 12. Product order confirmation, which includes a hard copy document of the number and type of license ordered shall be supplied to the ordering agencies with their invoice. 13. Large Account Reseller must have at least 5 members certified through the Microsoft Certified Professional Program at the level of Certified Systems Engineer + Internet, Certified Systems Engineer, Certified Database Administrator, Certified Solution Developer, Certified Professional + Site Building, Certified Professional + Internet, Certified Professional, or Certified Trainer currently on their Staff. The Large Account Reseller must also have at least 15 members certified through the Microsoft Sales Certification Training Program to allow for State of Florida Account Coverage, and Microsoft Trained Sales force for selling products. Copies of the Certificates must be included in the bid submittal. Failure to do so will result in bid rejection. 14. Reseller must have at least one Microsoft Sales Certified staff member available Monday through Friday, 8:00 a.m. to 6:00 p.m. EST on weekly except for State of Florida holidays to answers phone calls and questions. 15. All certifications required in this bid must be completed and returned with your bid. Failure to comply with this requirement shall result in disqualification of bid. In the event a bid is submitted by other than the equipment manufacturer, a certification executed by the manufacturer shall be required stating the bidder is an authorized representative of the manufacturer. The manufacturer's certification must be executed by the manufacturer's representative authorized to bind all the manufacturer's branches, dealers/resellers, and/or service establishments. Dealers/resellers are not authorized to sign this certification on behalf of the manufacturer. Failure to submit this certification with your bid shall result in disqualification of the bid. 16. UPGRADE ADVANTAGE Upgrade Advantage, under Microsoft's MASTERS' AGREEMENT includes: Master upgrade to include one master of each version of software for which upgrade advantage maintenance has been purchased. Master Interim Releases and software change notices for software for which upgrade advantage has been purchased. DELIVERY REQUIREMENTS All prices bid shall include delivery to purchaser within 30 days. 02-1044 http://www.myflorida.com/st—contracts/25500101 1/conditions.htm 8/22/2002 SPECIAL CONDITIONS Page 4 of 11 DELIVERABLES _ The vendor shall guarantee that the contracting agency will be granted unlimited rights to reproduce, for the agency's use, materials and reports specifically developed for the department's requirements. If the vendor contemplates use of materials that are copyrighted, and charging a licensing fee for the right to reproduce or use such materials, the proposed cost of such a license shall be clearly presented by the vendor. Such information shall also be included in any material presented in response to later specific requests for services. PRICES All current and future Microsoft Software Licenses shall be sold under the MICROSOFT SELECT MASTER AGREEMENT and MICROSOFT EDUCATION SELECT MASTER AGREEMENT, for the term of the contract. Response shall be submitted in the form of % off list for software listed on the designated manufacturer's product/price list. The prices and percentage (%) discount offered with the bid shall be firm against any increase for the entire term of this contract and any renewals thereof. New products may be added if approved by State Purchasing, utilizing the same percentage discount originally bid, based on the manufacturer's price in effect at the time the new product is offered. CONTRACT PRICING On any contract where pricing is based on a Manufacturer's or Dealer's published price list (net or discounted), the price list must be provided by the respondent as part of the package in hard copy, and on a 3.5 inch diskette as a Word or Excel document. Any subsequent revisions shall be submitted in the same format to State Purchasing Contract Administrator, for review and approval prior to implementation. Updates may be submitted by e-mail or diskette. The Contract resulting from this negotiation will become a public document. The State of Florida, State Purchasing is using the Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute State Term Contracts and product information. Each Contract Vendor shall develop and maintain a State Contract Web Page on the Internet WWW to post the State Contract prices. This site must be dedicated to the State of Florida Contract. Access to the site and its information cannot be password protected. The Page must be compatible with the most recent version of browser software being used by State Purchasing. As of the writing of this solicitation, Netscape Navigator 3.0 is the State Purchasing Browser standard. State Purchasing intends to upgrade to a new browser version as it becomes available and fully tested, at its discretion. State Contract Page must be as follows: ➢ Solely for current contract pricing ➢ Additional links or information may be placed on the left edge of the screen to access additional product literature, the vendor's home page, the history of the company, etc. ➢ The center of the screen contains information and pricing that relates to only the terms on the contract being served. ➢ The Universal Resource Locator (URL) for the Internet Page must be supplied to Purchasing prior to the implementation of the contract. Failure to follow the above specifications as required in this section will be grounds for the link being broken from the State Contract and may be grounds for removal from the contract. Due to the short time between award & when the vendor must take ownership of the contract, the State 02-1044 http://www.myflorida.com/st—contracts/255001 01 I/conditions.htin 8/22/2002 SPECIAL CONDITIONS Page 5 of 11 is willing to place the pricing on the State's system until May 1, 2000 provided the vendor supplies the pricing and product list in Word with preset tabs to indicate part number, description, & Florida State Price. Diskette must be formatted as: •'Word for Windows" • Font: Times New Roman 12 • Preset tabs o_y • Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom • Portrait only -no landscape • No Tables • No Headers or Footers • No Excel Files QUANTITY DISCOUNTS Bidder is urged to offer additional discounts for one time delivery of large single orders of any assortment of items in the space provided on the price sheets. Such discounts will not be considered in evaluation of bid. SALES PROMOTIONS A contractor, during the term of the contract, may lower prices of products on the contract, for a specified period of time. The contractor shall document sales promotions to and receive approval of the Division of Purchasing, prior to offering sales promotions to contract users. Documentation of sales promotions shall specify starting and ending dates of the promotion, specify list prices and promotional prices, and shall contain a statement that the promotional prices are available to all contract users. Sixty (60) days is established as the minimum period of time for which a sales promotion can be offered. Sale pricing shall be made available on contract items only and promoted to all users of the contract. Evidence of offering of a sales promotion to a contract user prior to the submittal to and approval of the Division of Purchasing shall subject the contractor to removal from the contract. NO SUBSTITUTIONS The types/versions of software specified in the Invitation to Bid are compatible with other systems/software currently installed. Therefore, NO SUBSTITUTES ALLOWED. Compatibility with existing software allows for warehousing of supplies as well as technical and upgrade advantage support peripheral software. AUTHORIZED DEALERS/DISTRIBUTORS AND/OR SERVICE LOCATIONS: On any contract where orders will be directed to Authorized Dealers/Distributors or listing Service Locations, this information shall be provided by the BIDDER as part of the Bid package in hard copy, and on a 3.5 inch diskette in a Word for windows or Excel file. Any subsequent revisions shall be submitted in the same format to the DOP CONTRACT ADMINISTRATOR, for review and approval prior to implementation. Failure to submit the information required in this section will be grounds for disqualification of your Bid and/or removal from any resulting contract. NOTICE TO CONTRACTOR The employment of unauthorized aliens by any contractor is considered a violation of section 247A(e) of the Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, 02-1044 http://v.rww.myflorida.com/st—contracts/25500101 I/conditions.htin 8/22/2002 SPECIAL CONDITIONS such violation shall be cause for unilateral cancellation of the contract. Page 6 of 11 0-.1044 hftp://www.myflorida.com/st—contracts/255001 01 I/conditions.htin 8/22/2002 SPECIAL CONDITIONS Page 7 of 11 PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list f6llowing a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in f.s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. SURCHARGE FEE AND SUMMARY OF TOTAL SALES Division of Purchasing hereby imposes a vendor surcharge fee of .5% (1/2 of 1%) on contractors' sales under any contract resulting from this negotiation. The fee will be paid by the contractor and must be included in submitted prices and cannot be added as a separate item. Use of this contract will be optional by State Agencies. If a State Agency elects to purchase from a source other than the resulting State contract, such purchases shall be in accordance with Chapter 287, F.S., and 60A Florida Administrative Code. After receipt of payment from the contract purchases, all vendor surcharge fees shall be payable to the State of Florida no later than 15 days after the end of each quarter. Vendor surcharge fee and contract number should be noted on the check and remitted to: State of Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 Contract supplier shall furnish Division of Purchasing a detailed summary of sales at the end of each quarter. By submission of these Sales Summary reports and corresponding vendor surcharge deposits, the contractor(s) is certifying their correctness. All such reports and fee deposits shall be subject to audit by the State of Florida. Summary information shall be provided each quarter and shall include the following: A. State Contract Number B. Identity of purchaser C. Total sales per quarter and year-to-date Failure to comply with these requirements will result in the contract supplier being found in default, in which case any and all re -procurement costs and all outstanding vendor surcharge fees may be charged against the defaulting contractor and may result in immediate, unilateral cancellation of your contract by Division of Purchasing. RESPONSIBILITIES The successful bidder shall act as "Agent of Record" during the term of the contract and shall maintain and update the licensing records of each eligible agency that purchases from the resultant contract. If an Enrollment Form is required by Microsoft, the bidder will be responsible to contact each agency, upon receipt of that agency's initial purchase order to have the agency complete the form. In turn, the agencies shall designate a liaison to maintain pertinent records and inform the Agent of Record of any changes. 02-1044 http://www.myflorida.com/st—contracts/25500101 l/conditions.htm 8/22/2002 SPECIAL CONDITIONS Page 8 of 11 WARRANTY _ Contractor shall warrant software media and documentation against defects in workmanship for one (1) year. 02-x.044 http://www.myflorida.com/st—contracts/25 5 001011 /conditions.htm 8/22/2002 SPECIAL CONDITIONS Page 9 of 11 YEAR 2000 COMPLIANCE For purposes of this Year 2000 warranty, the term "Product" shall include software, firmware, microcode, hardware and embedded chip technology. Vendor warrants that the Product is Year 2000 Compliant. All versions of the Product offered by the vendor and purchased by the State, for which Vendor is obligated to provide maintenance service are, and in the future, will be, Year 2000 Compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. The duration of this warranty and the remedies available to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in such warranty provision(s), or in the absence of any such warranty provision(s), defects in the Product with regard to Year 2000 Compliance, if any, will be corrected by Vendor at Vendor's cost within a timeframe mutually agreed upon with the State. Vendor cannot be held responsible for errors resulting from devices or systems external to this contract which are permitted to directly access any database provided under this Agreement and overwrite Product date fields or from the users' improper integration of non -Year 2000 Compliant systems. Nothing in this warranty shall be construed to limit any rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. REMEDY CLAUSE In the event of any decrease in product functionality related to time and date related codes and internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee, and without interruption to the ongoing business of licensee, time being of the essence. RESELLERS: All products bid under this bid/contract will be Year 2000 compliant. Year 2000 Compliant means the Product will include the ability to: consistently handle date information before, during, and after January 1, 2000, including accepting date input, providing date output, and processing dates; function before, during and after January 1, 2000, without the need for program changes caused by the advent of the new century; properly handle all date related information before and following Jan 1, 2001, including but not limited to accurate and reliable performance in processing date and date related data, including calculating, comparing and sequencing; properly process any and all date calculations before, on and after the leap year date of February 29, 2000 and store and provide output of date information in ways that are unambiguous as to century. Resellers may provide a "pass through warranty" from the manufacturer/software developer, which meets all the warranty requirements by the State, and which shall include all other warranties provided by the manufacturer or software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other actions or remediation, required to satisfy warranty requirements. 02-1044 http://www.myflorida.com/st—contracts/25500101 I/conditions.ht3n 8/22/2002 SPECIAL CONDITIONS Page 10 of 11 02-1044 http://www.myflorida.conVst—contracts/25500101 I/conditions.htm 8/22/2002 SPECIAL CONDITIONS Page 11 of 11 COMPENSATION The contractor must provide all services required to meet the provisions of the contract. In calculating cost, services include, but are not limited to, consultative services, copyright fees, materials and equipment rentals. Travel expense, if authorized under the provisions of this agreement, shall be submitted in accordance with Section 112.061, Florida Statutes. No reimbursement is available to the contractor beyond the amount agreed and provided for in Sections 112.061 and 287.058, F.S. VISA ACCEPTANCE The State of Florida has implemented a purchasing card program, using the Visa platform. Vendors may receive payment from state agencies by the purchasing card in the same manner as other Visa purchases. Visa acceptance is mandatory but is not the exclusive method of payment. Please indicate your ability to accept Visa in the space provided on the Ordering Instruction sheet of the Bid. INSURANCE, WORKERS' COMPENSATION The contractor shall take out and maintain during the life of this agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is sublet, the contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the contractor. Such insurance shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Workmen's Compensation statute, the Contractor shall _provide, and cause each sub -contractor to provide, adequate insurance, satisfactory to the Purchaser, for the protection of his employees not otherwise protected. AWARD Award will be made to the responsive responsible bidder offering the highest percentage discount resulting in the lowest net delivered price statewide, to a single Large Account Reseller (USA). The Government Select Agreement price is based on MVLP-D 50,000 unit level. The Education Select Agreement is based on 1000 units. The award will be based on the lowest net delivered cost offered using the following formula: 85% for Government Select Agreement discount plus 10% for Education Select Agreement discount plus 3% for Media discount plus 2% for Documentation discount equals the highest award discount. All other provisions of Awards paragraph, General Conditions, shall prevail. 02-1044 hq://www.myflorida.com/st—contracts/25500101 I/conditions.htm 8/22/2002 [Contract Number] -- Vendor Information Page 1 of 1 Principal Technology: Microsoft License, -Maintenance & Services 255-001-01-1 Vendor Information Microsoft Corporation http://www.microsoft.com/ Software House International http://www.shi.com/ 02-1044 http://www.myflorida.com/st—contracts/25500101 1/order.htm 8/22/2002 [Contract Number] -- Vendor Information Page 1 of 1 Principal Technology: Microsoft License,Allaintenance & Services 255-001-01-1 Price Sheets Microsoft Master Agreement Microsoft Master Amendment Microsoft Enterprise Agreement Microsoft Enterprise Amendment Microsoft Enterprise Enrollment Microsoft Select Education Master Agreement Microsoft Select School Agreement Microsoft Select Campus Agreement Education Select Enrollment Microsoft Services Agreement Microsoft Services Amendment Commodity Codes Price Sheet URL 02-1044 h4://www.myflorida.com/st_contracts/255001011/price.htm 8/22/2002 U.S. Communities: Computers Page 1 of 2 Founding co-Spanmors Office Suppe% lyduss$hol supph es Officeiwni#aoe o+ put is O"W Pratiucls Computers • Key Advantages • Competitive Selection Process U.S. Communities has arranged deep discounts on leading brands of computer hardware, software, peripherals, and technical support. • Competitively bid by local government • Fairfax County, VA o Contract # RQ00-341360-16A-G o Contract # RQ00-341360-16A Amendment No.3 o Request For Proposal • Added discounts for large orders • Commitment to best government pricing Price lists and product lines offered are updated from time to time. Please contact each vendor directly for general information, pricing, and participation certificate. Mention U.S. Communities Government Purchasing Alliance. Home I Contact Us toll free: 800-925-1910 fax: 703-227-2901 uscommunities@comark.com toll free: 800-278-4685 ext. 3374 fax: 888-726-2406 uscommunities@compusa.com toll free: 800-211-4952 W://wwwuscommuinties.org/Computerhtml toll free: 800-426-2255 x priority code: USCOM fax: 800-242-6329 uscomm@us.ibm.com MIC toll free: 800-952-6198 Op fax: 888-262-1305 uscommunities@micronpc toll free: 800-741-439 8/30/2002 of --1044 U.S. Communities: Computers fax: 605-232-2715 uscommunities@gateway.com Page 2 of 2 fax: 509-744-8344 uscommunities@softwarespect U.S. Communities 12175 North California Blvd., Suite 550, Walnut Creek, CA 94696 1 -866 -GPA -SHOP hnp://www.uscommunifies.org/C.omi)uter.html 8/30/2002 02--1044 rs-`•• DEPARTMENT OF PURCHAMG & SUPPLY MANAGEMENT . FAIRFA 12000 Gove=ea:CeaterParkway, SUL-, 427 Fairfax, Virginia 22035-0013 COUNTY RGIN www.co.fairfax.va.as/dpsm V I R G I N I A Tek : (703)n4-3201 Fa=: M) n4-nW nYI-ao -M-»4a MAY 2 2 NOTICE OF AWARD OF CONTRACT SUBJECT: Computers, Brand Name, Software, Peripherals, Consulting, and Related Services CONTRACT NUMBER: COMMODITY CODE: CONTRACT PERIOD: RENEWALS: SUPERSEDES CONTRACT: CONTRACTOR(S): SEE ATTACHED .PRICES: See Attached DPSM CONTRACTUAL CONTACT: RQ00-341360-16A-G 3577, 3573, and 7379 April 2000 through April 30, 2003 3-1 year renewals (Ref. Para. 14.2 of the Contracts Special Provisions) N/A Lonnette Robinson, CPPB Telephone Number:, (703) 324-3281 E-mail: lonnette.roUinson@co.fairfax.va.us SPECIAL INFORMATION AND INSTRUCTIONS FOR FAIRFAX COUNTY AGENCIES ONLY: A purchase order will be issued by the Department of Purchasing and Supply Management to the Contractor for each County Agency utilizing this contract. The purchase order will cite the period of time and will indicate an agency authorization order code to be used when ordering to identify those County employees who are authorized to place orders/calls. Those agencies appearing on the Distribution List, who require the items anal/or services covered by this contract, and who have not already done so, shall prepare and enter into CASPS (County and Schools Procurement System) a purchase requisition indicating the period.of time to be covered within the life of the contract; listing the names of the County employees authorized to place orders; and the purchase requisition shall be annotated with the contract number. A Purchase Order (PO) Supplement may be prepared after issuance of the purchase order, by an agency desiring to: a. Change period of time. b. Cancel the purchase order. 02-1044 RQ00-341600-16A G . Page 2 The PO Supplement must be entered into CASPS and reserved into the ONLINE FAMIS System by the agency prior to the Purchasing Branch taking any action. The time, place, and other requirements for delivery of supplies and/or performance of services shall be as agreed between the county employee authorized to place orders, and the Contractor. Inspection of supplies delivered and services performed and entering receipt activity into CASPS along with necessary documents are promptly forwarded to the Office of Finance, are the responsibilities of the ordering agency. Items NOT covered by this contract MUST be requested on a separate purchase requisition. Artnand E. Malo, CPPO Director/County Purchasing Agent DISTRIBUTION: Contract Administrator DPSM - Sandy Jones Control Copy Park Authority - Contract Section DIT - Cathy Cantor FCPS-GS/Equipment - Hyon Yom DVS -'Trisha Phillips/Andy Davidson DPSM - Systems Administration Section DPSM Mable McCarthy DANS - Contract Section, Suite 738 DIT - Marion Hom DIT- Nelson Gutierrez -"'US Communities - Anne Zieminski 2175 North California Blvd, Suite 550 Walnut Creek, CA 94596 02-1044 CONTRACTOR(S).- -- A- Comark Government & Eduction Sales, Inc. 4433 Brookfield Corp. Drive, Suite A Chantilly, Virginia 20151 Contractors Information Attention: Jeff Armstrong, Program Manager Phone: (703) 227-2916 Fax: (703) 227-2901 E-mail: jarmstrong@comark.com B- CompUSA 14951 N. Dallas Parkway Dallas, Texas 75240 Contractors Information Attention: Chris Mellis Phone: (703) 227-2916 Fax: (703) 227-2901 E-mail: christopher_mellis@compusa.com C- Micron Government Computer Systems, Inc. 625 Stratford, Suite 2000 Meridian, ID 83642 Contractors Information Attention: Charlie DiStefano Phone: (800) 588-4803 Fax: (888) 262-1305 E-mail: cdistefano@micronpc.com D- Software Spectrum, Inc Inc. 2140 Merritt Drive Garland, Texas 75041 Contractors Information Attention: John Parikh Phone: (301) 352-9100 Fax: (301) 352-9200 E-mail: john.parikh@softwarespectrum.com E- Dell Marketing One Dell Way Round Rock, Texas 78682 Contractors Information Attention: Kim Smallwood Phone: (800) 274-7799 ext 36302 Fax: (512) 728-5893 E-mail: kim_smallwood@dell.com R000 -341360 -16A -G Page *3 VENDOR CODE(S): B363949000 02 National Information Website: www.comark.com Phone: (800) 925-1910 Fax: (703) 252-8980 E-mail: uscommunities@comark.com 8752261497 01 National Information Website: www.compusa.com/gov/uscommunities Phone: (800) 8DIRECT (834-7328) Faz: (888) 238-5210 E-mail: uscommunities@compusa.com B061528016 01 National Information Website: https://m sites.micronpc.corri/STATE/ GovemmentpurchasingAliiarndex.htm Phone: (800) 952-6198 Fax: (888) 262-1305 E-mail: uscommunities@micronpc.com B751878002 04 National Information Website: www.softwarespectrum.com/ uscommunities Phone: (800) 741-4394 Fax: (509) 7448344 . E-mail: uscommunities@softwarespectrum.com B742616806 02 National Information Website: www.deil.comYsi uscommunities Phone: (888) 895-347115 Fax. (800) 433-9527 E-mail: uscommunities@dell.com 02-1044 CONTRACTORM: F- IBM Corporation . 999'Waterside Drive Norfolk, Virginia 23510 Contractors Information Attention: Andy Harmond Phone: (757) 446-6241 Fax: (757) 464-0397 E-mail: kharmond@us.ibm.com G- Gateway Companies 610 Gateway Drive, P.O. Box 2000 North Sioux City, South Dakota 57049 Contractors Information Attention: Kim Hepburn (a/so, Susan Moore @ (800) 779-2000 ext. 29653) Phone: (605) 232-1693 'Fax: (605) 232-2701 E-mail: kim.hepburn@gateway.com RQ00-341360-16A-G Page 4 VENDOR CODE(S): 13130871985-03 National Information Website: www.ibm'.com/gold/uscommunities Phone: (800) 426-2255 priority code: USCOM Fax: (800) 242-6329 priority code: USCOM E-mail: uscommunities@us.ibm.com B460431398 01 National Information Website: www.esource.gateway.com/uscommunities Phone: (877) 887-4710 Fax:. (605) 232-2715 E-mail: uscommunities@gateway.com 02-1044 RQ00-349 360 -16A -G Page 5 Contractor A — Comark Government & Education Sales (CGES) - Name Brand/Equipment % Off Index Manufacturer 3Com 5% Acer 7%c Canon 5.5% Compaq 7% Epson 6% Hewlett Packard 5.5% IBM 6% Kyocera 7% Lexmark 5.5% Okidata 6% Panasonic 7% Tektronix 6.7% Toshiba 5% Xerox 6.5% Category Cables 12% Carry Case 10% Computer Software 6.5% Digital.Cameras 10% Drives 8% Graphics and Memory 5.5% Keyboards 10% Modems 7.5% Monitors 8% Networking 6% Power Protection 8% Printers (other than brands referenced) 7% Projectors (LCD) 10% Scanners 8% Speakers and Headsets 10% Training and Manuals 10% Video Teleconferencing 10°x6 Comark W11 offer additional discounts, on a transaction -by -transaction. basis, for orders in quantities greater than a unit of one. ("spot buy discounts") Contractor B - CornRUSA Name Brand/Equipment % GSA Schedule items Cost plus 3%-13% Non -GSA Schedule items Cost plus 6%-10% CompUSA wX offer additional discounts, on a transaction -by -transaction basis, for orders in quantities greater than a unit of one. ("spot buy discounts' 02*- 1044 R000 -341360 -16A -G Page 6 Contractor C - Micron Government Computer Systems Name Brand/Equipment % Off Index Micron Brand 5% Unit volume (per order basis) % Off Index (Single PO) 10 Units 5% 50 Units May be up to 10% 100 Units. Additional 6% (total 11 %) 500 Units Additional 7% (total 12%) 1,000 Units Additional 10% (total 15%) Micron will offer additional discounts, on a transaction -by -transaction basis, for orders in quantities greater than a unit of one. ("spot buy discounts') Contractor D - Software Spectrum Global Pricing Group (GPG) GPG 1 % Top 100 selling products Cost plus 4% Top 500 selling products Cpstt plus 8% . Distribution Products Cost plus 12.5% If a: participating public agency is eligible for either GSA or CMAS pricing, and it's lower than the above, GSA or CMAS pricing will be extended. Software Spectrum will offer additional discounts, on a transaction -by -transaction basis, for orders in quantities greater than a unit of one. ("spot buy discounts' Contractor E - Dell Marketing Name Brand/Equipment % Off Index Dell Brand 7.59% Dell will offer additional discounts, on a transaction -by -transaction basis, for orders in quantities greater than a unit of one. ("spot buy discounts") Contractor F - IBM Corporation Name Brand/Equipment % Off Index Personal Systems Group (PSG) -9% RS/6000 26% Printers 19% Software Level H discount iBM will offer additional discounts, on a transaction -by -transaction basis, for orders in quantities greater than a unit of one. ("spot buy discounts' 01 -:044 RQ00-341360-16A-G Page 7 Contractor G — Gateway Companies Name Brand/Equipment % Off [index E -Series Products 8% Solo Products god Server Products 8% Profile Products g% GP Series Products 2% Gateway will offer additional discounts, on a transaction -by -transaction basis, for orders in quantities greater than a unit of one. ("spot buy discounts' 02-1044 The signed Acceptance Agreements And Memorandum of Negotiations . 02-1044 FAER.FAX COUNTY DEPARTMENT OF PURCHASING & SUPPLY MANAGZWMKr 1200 Cy0VE1WA2Ni`4;arer Parkway, Soft 421 www.m.favfhx.vaus/dysm V I R G I N' I A Tde bmc (703)324 3201 Pax. (703)324 3223 717Y 1400.62=-1140 SUPPLY/SERVICE CONTRACT: DEFINITE QUANTITY ESTIINATED COMBINATION ISSUE DATE REQUEST FOR PROPOSAL.• FOR: BmadName Coaputas, Peripherals NOVEM13ER 5,1999 FP00.341360-16 Software, Consulting, and Related Services AGENCY: DATFifIME OF CLOSING: CONIRACT ADMINISTRATOR: VARIOUS DECEMBER 3 17,1999/4-00 PM TONNE M'ROBRWN, CPPB (703) 3243281 Proposals -In accordance with she following and in compliance with all to.. and conditions, unless odterwise noted, the undersigned offers and agrees, iftbe proposal is accepted to furnish items or services for which prices are quoted, at the price set opposite each item delivacd or itanWied to designated points withm the time specifmd. It is understood and agreed that with respect.w all tents and conditions accepted by Faafmc Cosmty under acceptance below, irons or services offered and mompotyiog •attedtmcras shall constitute a cattCcar t NAME AND ADDRESS OF FIRM: Conork Governneent & Education Sates, Inc. 444 Scort Drive Bloomtaadale. IL 60108 CHECK ONE: INDIVIDUAL Vendor Legally Authorized Signature Alan Sechara 'ice President of Government & Education -Sales .Tint Name and Title Telephone No.:1.400-32124,37, ext 6816 E -Mail Address: tree4a2cres:conr Ver. State Registration No.: 0016675407 Federal Social Security No.: 36:394,900.0 Prompt Payment Discount: 00A for payment within days/aet days. Fairfax License Tax No.: 9932346 PARTNERS1iIP .*'CORPORATION State in which Incorporated: Illitmer 12116199 'For csdons contact Date Todd Reed Contracts Manger (Ira1ress Corpoaft Seal Here) If t.T T, Secretary By signing this•bid. Bidder certifies, acknowledgm understands, and agrees to be bound by the conditions set•fotth.in Psragmph 64 of the General Conditions and Iudmcdons to Bidders, regarding financial disclosure requirements. ACCEPTANCE AGREEMENT -COUNTY OF FAIRFAX (ibis is not an order—Purchase Order will follow. CONTRACT NUMBER: R000 -341360-16A DATE: APR 0 7 ZOW tract Administrator NN£Tl'E ROBRM?-L CPPB ARMAND E MALO, CPPD V Sealed proposals subject to berms and eon 1 as of this RFP will be received at 12000 Government Center Parkway, Suih.4 7, Fairfax. Virginia 22035 until time/date specified above for iurnisbing items or services delivered or furnished to specified destination within the time specified or stipulated by the Offeror, -DPSM32) Cover Sheet AN EQUAL OPPORTUNITY PURCHASING ORGANIZATION 02-1044 �1 V DEVASET1VUNT OF >PCA, C1L4% t1G* ScMPLr MIl, AGE1►1 M 12000 Gawawwa CaagTniway, Slits 427 Furisz. V'u�ais=2203S-0013 ­wwo .falrfsx_vjLusfdpsm V I R G I N I A T&ph— rXJJ nf-J= Far rnv) J24 -J= 7W r-X*A2ari.o MEMORANDUM OVNEGOTIATION RQ00-34136&16 The County of Fairfax (hereinafter called the County) and Comark Fc&Tal Systems, (hereinafter called the CONTRACTOR) hereby agree to the following; in the execution of RQOO-341360.16. The final coearaet contain- figs following items_ (a) Fairfax County's RFPCO-341360.16 and All Addenda (b) Comark's Technical and Business Proposals dated December') 7, 1949 (c) Suppletnenctl Information dated February 24, 2000, including signed Governmental. Purchasing Alliance Administrative Agrreanent .(d) Comark's letter dated March 3, 2000' (d) Fairfax County Purchase Order (c) . Any subsequent amendments to this .con act The following provisions are to be included in the Contract: ! _ Automatic MCC Reduction. If avany time, the prices drop for the items listcd' under this contract, the prices shall immediately apply to this contract. (Rer Paragraph 43 of the General Conditions and Instructions to Bidders) 2. Spot Pricing. Additional discounts may be giver, on a transaction by tiansaction basis; for orders in quantities. greater than a unit of one. The discounts may vary by siv,c of the order. 3. Contractor agrees to work collective with Tairrax County, U.S. Communities and outer contractors to negotiate the most favorable pricing from software manufacturers. Acce ed by: Alan l3ecisara, ce• resident DaGts Comark Federal Systems Armand E. Malo, CPPO. Director Department of Purchasing & Supply Managearent O► "1044 D�P1(� LLAG�TFAIRFAX'=0G���. . Fairfax. virgiais 2.'r03S-001s COUNTY w.+w.zo.tairfate.va.ttaldpata V I R G I N I A 7-W... mi) ru,im! -,w ow) ""W- rffI- m11.0 SUPPLYISERVICE CONTRACT. DEF'IIYTI'E QUANTITY ESTIMATED • COMBINATION ISSUE DATE: REQUEST FOR PROPOSAL- FOR: &and Name Comp ncn;, Pwphetak Novels R 5, 1999 RFP00-34136046 Sdhmr, Camilla g, and Related Saviors AGENCY: DAT UME OF CLOSING: CONi'RACT ADMINISTRATOR: VARIOUS DECEMBER 3,1999/4:00 P.M. LONNEM ROBINSON, CPPB ('03) 324.3281 Proposals -In accordance with the following and in.complianoo with all cams and conditions, unless otherwise noted, the undusigned offas and ifthe is accepted, to furnish awe or services for which prices we quoted at the set ProPmd is understood and that with respect to all tents and conditions P each �• delevaied or furnished n deli r save points widtin the nae spetdAg It agreed aocepced by Fairfxc County hattfer aexeputhce below, iteias or services offtred and atayigg aaadements stall amstiaue a eataam NAME AND ADDRESS OF FIRM: Telephone No-.- 9720982-4000 CompUSA E -Mail Address: 1499;1 N _ na t l ass Parkway Va. State Registration No.: Dallas, TX 75240 Federal Social Security No.: 4 7-5-7763427 Prompt Payment Discount -Q% for payment within^daysfuel days. Fairfax License lar Na.: .9938808- C 9938808- CHE1 1NDIV AL PARTNERSHIP X CORPORATION State in which Incorporated: Delaware 1 9R Vendor uthor tgnawrc Date (Imams Corpexan Seal Here) Tony Weiss xec .i'ye Vice - Pres.ident Print Name mW Tide Business Solutibrto By signing this bid. Bidder certifies, acknowledges, understands. anbe bound by the conditions setfa is Paragraph 64 of the General Conditions and Instructions to Bidders, regarding financial disclosure requiremeaM ACCEPTANCEAGREEAIZN' COUNTY OF FAiRFAX (This is not an older—Purcttaw Otder.will follow.) CONTRACT 1VUNIB1rR: R000-331360-16 B DATE: APR 0 x ZW Ag= iONNETTB ROBiNSIN. CPPB I` I �)r' ARMAN& D.E. MALO. CPPO led proposals subject to terms and cooklidions of this RFP will be received at 12000 Government Center Parkway. Salt+ Fairfax. Virginia 22035 until time/date specified above for furnishing items or services delivired or furnished to specified destination within the time specified or stipulated by the Offeror. AN EQUAL OPPORTuwy PURCHASING ORGANIZATION (DPSM32) Cdver Shed 02-1044- FAIRE D>�AR 12m i6 crag tewww Parkway, MANAGEb>�N 1' Fairfax. Virguvke 427 a 2Z{135-OQ13 - COUNTY w.ww.co.fiirfax.vansrapsm V I R G I N I A T-foh . m) jw-3201 F.. m) 34.32 rrzj v .a&,j4o MEMORANDUM OFNEGOTIATION RQOO-341360-16 ." The County of Fairfax (hereinafter called the County) and CompUSA, (hereinafter called the CONTRACTOR) hereby. agree to the following in the execution of RQ00-34.1360-16. The final contract. contains the following items: (a) Fairfax County'g RFP00-34 1360-16 and all Addenda. (b) ConipUSA's Technical and Business. Proposals dated December 15. 1999 (c) Supplemental Information dated Februnry _25.3006; including signed Government Purchasing Alliance Administration Agreement -(d) CompUSA's e-mail dated March 3.3000.and h4arch 6 -?000 (from Steve Strann) _ (d) Fairfax County Purchase Order (e) Anv subsequent -amendments to this contizct The -following provisions are to be-includcd in.the Contract: 1. - Automatic Price Reduction. l f at any time. the prices drop for the items listed under this contract, the prices shall immediately apply to this contract. ( Ref. Paragraph X33 of the General Conditions and Instructions..to.Bidders) 3. Spot Pricing. Additional discounts may be given; on a transaction by transaction basis: for orders in. quantities greater than a unit of one. - The discounts may vary by size afthe order. Contractor a --, s to work- coIlectively %%ith Fairfax. County.'. U.S. Communities and other contractors to negotiate . the most favorable pricing from sof fare manufacturers.* Accepted bv- nQ ' 50 to Tony gSutions ice ent Date BusinCompUpomte Armand E. Malo. CPPD. Director Department of Purchasing & Supply Management e Ir 00-_1044 FAIRFAX .a• COUNTYr r o r r v. ..ir :•. o SUPPLY/SMME CONS' M, r DF.fiIlVm QuAmm r ES] mnm r comBmT1oN P.2QlJMsr 5DR PV.0P FOR. Mind NMOCONW0006 ftwhetzb, soltwace NOVE�SBFR i.199y RFPOb-34I3b0-26 compli , tad Rd a d S. vim AwNcyi DA .OF CLOS) N (h CO Oitr VARR= DEC ML 3,1999114;00 PJd, LONNh'M ROBMSON, CPPB ex MM 324 -MI Rev wed MmLest rnwUmm r in r &K4%&M G rw• Y1c .NIlY�wr3 wMao r.r.�nsrr r•... wy rra.,v rw �v.wwar,w. ra..� err.-�,-.+mow. w w�.�-..p..-� --�-+r w ISMS...if ft prq)Wd iS aMPICd. to AMMk 1 hS Or$aVfM t SDI �b � *M 4uow& 3t the Prim ZK OPpositC CWh item. dsgvwW Or gybed W de %pwd p9ir& s±r&h tb* lose *edfW& It is midamod and agrad dw vft rap=?* all teams and CoadiSM accepted by Adrft Comuy order socepf me below, in= or ser tm off@!d and sommpany=& anwbnCOK Isiah comm a cmus L . MMM OF FIRM elaphOne o.:. em 5%4M GoVEZmwt Cmpaw Systm, Inc. E MggAft= •� 625 Strwd d, Stye 2= Va. Ststo Ragas n ion No,: F MW Mm*b t ID 862 Federal Social Security No; Prompt Payment Discauat �% for payment vv►thin �dayaJner d days. . Fairfax Liccuse Tax No.: Nave r PARTNp3sw A CORPORA'IIm Stm in whichitrcacParm& WaamHu 1%5 , Dace ' Revimed. Prbt Name and TWe By si:ubg this bad, Bidder cerei8*s, a cka -wleagt-,•sndaraeurda; and agrees to be bound by the condMoos set f0 tit in . Paragraph 84 of the Gastral CondWoaa and %strnCdW to Bidder; regardfog Sostteial disslmr+e requite AC;CWrAN"XGMM3EM*r--CUU,N-LYIUY,DALI"A-A (IM is not an 4n ow. CONTRACT NU14 BM- DATE.'APR ? 20M as to ' CorwaetAd ainiatm* `` ` Purdwdq Agent OL ROMM. CPP ARMAND E_MALO. C S o�rp opocala su61 t to terms sad cind15aat of this RFY will h reedvod at 12 M�Gcwer 427_, Fab tc, Vir&is 2203S =tubi tboe/date specified above for fternishag iuema or aervises specified destlaatfoa widhla the tithe spscM*4 or atipalated by the Oftoror. (DPSM32) Coves Sheet AN EQUAL OPPORTLMY PURCHASING ORGANIZATION or fitrsisbed to 02-1044 M + VIORANDUM-OF NEGOTIATION RQ00-341360-16 The County of Fairfax (hereinafter called the County) and Micron, (hereinafter called the CONTRACTOR) hereby agree to the following in -the execution of RQ00-341360-16: The final contract contains the following item (a) Fairfax County's RFP00-341360-16 and all Addenda (b) Micron's Technical and Business Proposals dated December 15, 1999 (c) Supplemental Information dated February 22, 2000, including signed Government Parchasing Allianeq:..:. Administrative Agreement _ (d) Micron's letter dated March 31-12000 _ (d) Fairfax County Purchase Ordar (e) Any subsequent amendments to this conitact..- The following provisions are to be included in the Contract: 1. Automatic Price Reduction. If at any time, the prices drop for the items listed under this contrug -ths prices shall :.. . immediately apply to this contract. (Ref. Paragraph 43 of the General Conditions and. Instractions•to•B: .• .. ::;;�yy'.����� "•jai"`i+.,. 2. Spot Pricirmg. Additional discounts may be given, on a transaction by transaction basis; forordeEs�a"n greater than a unit of•one. The discounts may vary.by size of the order: v? - =: 3. Contractor agrees to work collective with Fairfax County, U.S. Communities and other eta the most favorable pricing from softwaremanufactu ers. Accept by: ' B.' Heisl Vice President &General Mgr. Date CwLt* Micron Government Computer Systems, Inc.. • APR' 0 7.200Ei Armand E. Malo, CPPD; Director Date Department of Purchasing & Supply Management 02-.1044 r y DEPARTMENT OF PURCHAMG & SUPPLY MANAGMaN''T �r• FAIRFAX 12000 o==Mt Cent isrf txSinis 22035-M13Parkway,Suite 427 COUNTY t�"� tvwar.t:o.fairfax..•a.ta/dpsm V I R G I N I. A Zdephou: rW) n*J= Fm:: OW) 33U= r77/-sa0•aza/I, 0 SUPPLY/SERVICE CONTRACT: 0 DEFINITE QUANTITY 0 ES MIATED 0 COMBINATION ISSUE DATE: REQUEST FOR PROPOSAL- FOR Brand Frame Computers, Peripbasls. NOVEMBER 5. 1999 RFP00-341360-16 Software. Consulting, and Related Services AGENCY: DATEJM.IIE OF CLOSING: CONTRACT AD& i1STRATO VARIOUS DECEMBER 3', I999/4:00 PAL LONNEITE ROBINSON. CPPB (70 )� 1 Proposals - Ip accardancrwith the following and in complunee•wruN angerms; and conauons. ntacss omcrwise noted. the undersigned circa and agrees, if tlNe proposal is accepted. to 6 mash iteral or services for which prices are quoted, at the price scropposite each item. dciivamd or famished to designated points within the time specified. It is Understood and agreed that with respect to all terms and conditions accepted by Fairfax County under acceptance below, items of services offered and accompanying itnchments shall constitute a convacL NAME -AND ADDRESS OF FIRM; Telephone No.: Software Spectrum. Inc. 9140 K rrirt Drive Garland: Tx 75041 CHECK.YNE DU E-MailAddre= www.softvarespectrum.ec m Va. State Registration No-: Federa1fWviWd 8c=doc r.: 75-1878002 Tax.-I.D. Number Prompt Payment Discount: °/, for payment within_, dayslnet days. N/A Fairfax License Tax No.: 0 PARTNERSHIP 0. CORPORATION State in which Incorpommd: Texas V Ai& i=d :::gnaturo Date (Impress Corporate Seal Here) r.i'Sa SrPirart — V.P. Oyeratiotts Print Na is aro! T?t!e ta7+ By signing this bid, Bidder certifies. acknowledges, understands, and agrees to be bound by the.conditions set forth in Paragraph 64 of time General Conditions and Instructions to Bidders, regarding financial disclosure requirements. KC--CEPTANCE AGREE&LENNT-COUNTY OF FAIRFAX (This is not an order—Purchase Orda wild follow.) CONTRACT NUMBER: ROOO-341360-16 / 3 APR 0'7 2000 Fairfax, VirginiaZ'035 until tiuieidate specified above for furnishing items or services delivered or furnished to specified destination within the time specified or stipulated by the Offeror: AN EQUAL OPPORTLNITY PURCHASLN0 ORGANIZATION (DPSM32) Cover Shea a2-1044 FAIRFA � � . D�� � "�` Fairfax, Virgmir 22035-0013 COUNIT a+ww.=.faW&%-va_uVdpom V I R G I N I A 'r-deohow: (703)324.3201 Far: (703)324.3221 rlyl-100-121-1140 . MEMORANDUM OF NEGOTIATION RQ00-341360=16 The County of Fairfax (hereinafter called the County) and Software Spectrum, Inc. (hereinafter called the Contractor) hereby agree to the following in execution -of RQ00-341360-16. This memorandum, together with the -documents referenced below and incorporated by such reference in their entirety as if set forth -fully herein, sets forth,the entire agreement between County and Contractor (the "Master Agreement'. This Master Agreement consists of the following items: _ (a) Fairfax County's RFP00-341360-16 and' all Addenda . (b) Software Spectrum's Proposal for Personal Computer Software .and Services dated December 16, 1999 and all attachments.thereto (c) Software.Specttum's Shortlist Vendor Response dated February 23, 20M and all attachments thereto (d) Software Spectrum's Best and Final Response dated March 3, 2000 (e) Fairfax County Purchase Order M Any subsequent amendments to this contract , The following provisions are to be included in this Master Agreement" Automatic Price Reduction. If at any time; the prices drop for -the items tilted under this Master Agreement, the prices shall immediately apply to this Master Agreement: (Ref.. Paragraph 43 of the General Conditions and Instructions to Bidders) 2. Spot Pricing. Additional discounts may be given. on a transaction by transaction basis, for orders in quantities greater than a unit of one. The discounts may vary by size of the order, 3. Contractor' agrees to take the lead and work collectively with Fairfax County, U.S. Communities and other contractors to negotiate the most favorable pricing from software manufacturers. 4. Contractor agrees to the -terms and conditions of the Government Purchasing Alliance Administration Agreement in the form that is attached *to -this Memorandum of Negotiation asApendix A. S. The parties agree that Attachment A to Item (a) above is modified as follows: Page 24, Item 15.5 is revised to read: "Tice County of. Fairfax and its employees and officers shall be maned as an additional mmurd in the Automobile, General Liability and Professional, Liability policies and it shall be stated on the Insurance Certificate." 0.0 .- " 0 ` IN WUNESS WIM- F, the parties ..sreto have executed this Master Agreen.. _-t as of the dates indicated below: SOFTWARE SPECTRUM, INC. f Armand E. Malo, CPPD, Director Department of Purchasing & Supply Management 3 -2/ -db. Date 02-1044 A R A COUNTY www.*mfi1irdmvLm/dpim V I R G I N I A► r.�r : am) A= 0WJX W. rrfl,W�M SUPPLY/SLRVICF CONTRACT! nrinv r nilANrnv OMMA71M r`nMRiNA77nM ISSUE DATE: REQUEST FOR PROPOSAL: FOR: Brood Name CompWCM Pesipbasls, NOVEMBER 5, I999 RFP00-341360-16 Soflwace, C mindtim and R,& -A $civics AGENCY: DAT KF ME OF CLOSING: CONTRACT AI)MRGSiRATOR. VARIOUS DECEMBER 3,1999/4:00 PAL LONNEM ROBINSON. CPPB C703)324-3281 YroPO=b - to accordaocc wAh the toUowmg and m compli=m with aU * , i and ccnditiorts, rmIess otherwise noted. tde undersigned offers and agrees, iftbe prapoaai is accepted. to furnish Irma or services for which prices are quoted, at the price set apposite each ittr, delivered or f nnisbed to daigoated points wkbin thebme opacified, It is understood and ag eW that with se speet to al"crus; and conditiaa wccpted by Fsafau County wader mune beiow, items or services offered and a ying: auachmmts shah coratiftsw a canhxi NAME AND ADDRESS OF FIRM: Telepbone No.: 1 rlpl 1 aricpf-i ng p One Dell Way CHECK I iAiD UAL endor Legally Authorized Signamm E -Mail Address: sue beckeae jftj1. cora Vicke schneider@dell.com Va. -State Registration No.: „W/A• Federal Social Security No.: 74-2616805 Prompt Payment Discount 1`% for payment wit1nnNAdays/ wW&dayL Fairfax License Tax No.: PARTNERSHIP CORPORATION (Limited) State in which Incorporated Date (Impress Cbrporate yicke A. Schneider Np . Seal Herts) Print Name and Title Secretary By signing this'bid, Bidder certifies, acknowledges, understands, and agrees to be bound by the conditions set -forth in Paragraph 64 of the General Conditions and Instructions to Bidders, regarding financial disclosure requirements. ACCEPTANCE AGREEMENT -COUNTY OF FAIRFAX ('T'his is not an order—Ptrrbase Order will follow.) CONTRACT NUMBER: R000.341360-16 DATE: APR 0 7 2000 Sealed proposals subject to terms andlKondittons of this RFP will be received at.12000 Government Center Parkway Suite.427, Fairfax, Virginia 22835 until time/date specified above for furnishing items or services delivered or furnished to specMed destination within the time specified or stipulated by the Offeror. AN EQUAL OPPORTUNT1Y PURCHASING ORGANI7AMON . (DPSM32) Cover Shat 02-10.44 FAIRFAX '°'' W Faistaa, Vk966 72035-0013 rat CO T T V NT1�T •vva.eofaiet'a�c.�+a.nsMpe�m V' I R G I N I A r rM) 3z10 -Mr T: OUR} n44W rrrr-aaa-M41 a MEMORANDUM OF NEGOTIATION RQ00-341360.16 The County of Fairfax (11mvinafi r called the County) and Dell, (hereinafter called the CONTRACTOR) hereby agree to the following in the execution of RQOO-341360-16. 'Me final contract contains the following items. (a) Fairfax County's RFPOO-341360-16 and all Addenda (b) Dell's Technical and Business Proposal and Additional Information dated December 17, 1999 (c) Supplemental Information dated Febnwy 22, .2000, inchzdmg the signed Govemment Purrbasing Alliance Administrative Agreement (d) Fairfax County Pmvbase Order (e) Any subsequent amendments to this contract The following provisions are to be included in the Contract Automatic Price Reduction. If at auy time, thepritces drop for the items listed under this contract, the prices shall immediately apply to this contract. (Ref Paragraph 43 of the Cwneral Conditions and instructions to Bidders) 2. Spot Pricing: Additional discounts may be given, on a transaction by h%usaction basis, for orders in quaatitie4 greater than a unit of one. The discounts may vary by size of the order. Contractor agrues to, work collectively with Fairfax County, U.S. Communities and other contractors to negotiate the most favorable pricing from software manufacturers. The following amends Dell's proposal response to the County's Toms & Conditions Out tab in technical response). • Item 25. Notice of Acceptance - The RFP terms & conditions wilt take precedence over Dell's Bid Response with the exception of those terms m Dell's response that differ from the RFP terms & conditions. • Item 32. Termination for Convenience - Acceptable. • Item 33. TermUm ion for Cause - Acceptable. • Item 37. Delivery Fatima - Not acceptable. • Item 3& Non-I.AabfQly-Nonissve. • Item 41. MBFIWBE - Delete, • Item 43. Price Reduction - Acceptable. • Item 47. ResponslbBity for Supplies Tendered -A ; The Coat:actor shall be regmnsEble for the materisis or supplies covered by the contract until they are delivered at the designated point, however ifflans are rejected by the Commonwealth, then the Commonwealth will be responsible for returning all products in accordance with Dell's Total Satisfaction annteep unless public health and safety require immediate destruction or other disposal of rejected delivery. • Item 48. Inspections - Delete. • Item 53. We%bt Checking - Aceeptablr- • Item 54. Demurrage - Non -issue. • Item 55: Repkaeement - We cannot replace but paragraph can be added as an addbia ul paragraph to item 55. • Item 56. Paelong Ups - Acceptable - 02 -1044 • Item 57. BMiag-- Acceptable. • item 58. Payi nent - Acceptable. - • Item 59. Partial payments - A.ccelrtable. • Item 60. Payment for Equipment, InstaUatim and Testing - Acceptable • Item 65. Iudemuifieation Dell's comvnenis not acceptable. ATTACwIEN'f A - SPEG7AL PRO- ISi<OM • Item 15.1. The County cannot modify our boiiaplate, but the file oTill be noted wft DeU's comments. • Item 15.2a. The County cannot modify our. boilm?LOL • Item 15.2b. The County cannot modify our boilerplate. • Item 15.2c. Dell's request is acceptable. • Item 15.2d. Dell's request is acceptable. Item 153L The County cannot modify our boilerplate. • Item 153 (r paragrapb). The County cannot modify aur boilerplate • Item 15.3 (2•¢ paragraph). Tbr. County request that Dell send a left wi& suggested wording such as: (Iflsur m Carrier Name) is unwill'ingto agree to a 45 day Notice of Ca=llaiica to anyone atter than the insured. WS • Item 15.5. Dell's request is acceptable. • Item 15.6. Dell'Q request is acceptable. • Item 22.2. Dell's request is acceptable. • Item 22.3. DeUs. request is acceptable. • Item 25.. Dell's request is acceptable, • In Attachment D, GPA - in paragraph 13, the County will allow for the increase the 30 days to 60 days to allow a longer paymentperiod before interest begins. , • OnsE purchase orders sent to Dell, contract number *90079 wM be reference. A,cceptQd y Vicke A. Schneider, Senior Proposal Manager Dabs Dell Markefog L.P. Armand E. Malo, CPPD, Doctor D Department of Pu=bwtag & Supply Maaageraeat 02-1044 T •FAXIrl cvovernsnent Center' www.co.iirirfixva.nnaldpm V - I R G I N I A. r� 3z¢ol Pas: rte) 3s�3ns T7Y1�00 821�11�0 SUPPLY/SERVICE CONTRACT: r DEFnmz QUAN'rm r ESTIMATED r commINAnoN DATE: - - - REQUEST FOR 2%0POSAL: FOR: Brand Name Computers. Pedphmals. SoRwa r, NOVEMBERS, I999 RF'P00-341360-16 Consulung, and Rdated 5avices AGENCY: DAIDTI S OF CEASING. CONTRACT ADMINISTRATOR: , VARIOUS DECE MBBR'3,1999/4:00 P.M. LONNETTE ROBINSON, CPPB at (703) 324-3281 Proposals - In accordance with tine fnIlowine and in comaliance with all terms and conditions. uniess otherwise noted. the undersigned offers and agrees, if the proposal is accepted, to ft rnr items or services for which prices are quoted, at the price set opposite each item, delivered or furnished to designated points within the time specified. It is understood and agreed that with respect to all terou and conditions aooepced by Fairfax Ctxioty under acceptance below, itmac or services offered and accompanying mochments shall cmdum a caanacx. NAME AND ADDRESS OF FIRM: Telephone No.: —(757)446-6241 IBM Corporation 999 Waterside Dries E -Mail Address: —bumnd@uLibm.com ibm com Va. State Registration No. -Federal Social Security No.: 13-087-1985 Prompt Payment Discounr__jj/A96 for—payment within days/net days. Fairfax license Tax No.: r PARTNERSHIP X CORPORATION State in which Incorporated: _-Few York (IMP= Corporate seal.Hete) Print Name and Title Secretary By signing this bid, Bidder certifies, acknowledges, understands, and agrees to be bound by the conditions tet forth to Paragr aph.64 of the General Conditions and Instructions to -Bidders, regarding financial disclosure•requirements. ACCEPTANCE AGREEMENT -COUNTY OF FAIRFAX ('ribs is not an order—Purchase Order will follow.) CONTRACT NUMBER: ROM34136o-16F, Purchasing Agertt Sealed proposals subject to .terms and edhditions of this RFP wig brrecelved at 121 427, Fafrtmt, Virginia 22035 until duiddate specified above for furnishing items or specified destination within the time specified or stipulated by the Offaor. (DPSM32) Cover Shat DATE:_'APR $ 5 =0 AN EQUAL OPPORTUMN PURCHASING ORGANM71ON or furnished to 02-1044 P.irllct, vn�, �tmsool3 FAIPP AX 1= omen=" C"Wpokwav, Wum COUNTY nr.�►.oeffaitlttva.uddpr,m V I R G I N' I A ts►rk..: iIMr""Xr AW M140-U&rrM MEMORANDUM OF NEGOTIATION RQDQ-1413WIG The County of Fairfax (hereinafter called the County) and IBM, (hereinafter called the CONTRACTOR) hereby agree to the following in the execution of Ra00.3413e0-ts. The final contract contains the following Mme; (a) Fairfax County's RFP00-341360-i a and all Addenda (b) Gmmmmentad Purchasing Alliance Administredon Agreement. (c) IBM's Technical and Business -Proposal and Addtdonal information dated December 17, 1s" - (d) Supplemental Information dated February 24,20W (a) #BM's letter dated March 3, 2000 (Answers from the Orals 3 Modified GPA) (f) Fairfax County Purduum Osier (g) Any subsequent amertdinents. to this contrail The following provisions are to be included In the Contract: 1. The IBM Customer Agreement (ICA), which. was signed In November 1995, will be fnoorponded as part of the -contract. RFP00--341360-16 as amended by I SM's Technical, Business Proposal dated December 17, 1889, SWIPlemer" Information dated February 24, 2000 and Additional Information dated March 3, 2000 w(II take precedence. 2. Automatic Price Reduction. if at any time attef the date of contract execution, the. Contractor makes a general ptioo reduction in the price of a hardware or software catalogue product offering to its.00mmercial ctommers generally which results In a unit price for that item that 19 lower then the price for the item listed under this contract, then that new price will apply to this contract and wilt be subject to the same.effective date as the general price reductica 3. Spot Pricing. Addldonal discounts may be given, for non Personal System Group (PSO) products, on a transaction basis, for orders In quantities greater than a unit of one. The discount may vary by site of the order. PSG win otter general transaction spot pricing on a quantity of one unit for selected PC promotional products. , ' 4. IBM agrees to work with Fairfax County, U.S. Communities and IBM Business Partners to negotiate the most favorable discount pricing from sahware manufacturers where IBM has a contractual relationship. S. Secddn`.119. Termination for Contract for Cause. Ciarifieaticn —The County will seek to resolve any matter by mutud Mreemer\be" tt kcIause ls• used. Reference paragraph 73, Contraatuai Dfspures. Date IBM APR 2 5 2000 Armand E. Malo, CPPD, Director Date Depart hent of'Purchasing A Supply Management DA�� 'FAIRFAXCem Faitfa; Vrrgiaia 22835-0013 rrd7F42COUNTY � warsv.eo.fairfax.,►a.usdp.at V • I R G I N I .. A T& lower cm) 32*-nw- Few r1w) 82 -mr Tff T -d1 M&,r.14P SUPPLWSERVICE CONTRACT: i- DEFINTtE OIJANTITY r• ESTIMATED F COMBINATION ISSUE DATE: REQUEST FOR PROPOSAL: FOR: Brand Nam; Cmipnias, Peripherals. Software, NOVEMBER 5. 1999 RFP00-341360-16 Consdtine, and Related Services AGENCY: DATEMME OF CLOSING: CONTRACTADMUOSTRATOR: VARIOUS DECEMBER 3. 1999!4:00 P.M. LONNETTE ROBIIWK CPPB at (703) 324-3281 Proposals - In accordance with the following end in compliance with all terms and conditions, unless otherwise notal„ the undersigned offers and agrees if the proposal is ac c ted. to furnish items or services for which prices are quoted. at the price set opposite each item." delivered or Stmisbed to designated points -within the time specified; It js understood and agreed that with respect to all terms and'oonditions accepted by Fairfrat County undo A=ptance below, nems or services offered and accompanying attachom is shall eoruti aw a contract NAME AND ADDRESS OF FIRM: Telephone No.: [_ATt?t,TAT [`[n4PARTES, rtQr�� E -Mail Address: ' g��ttawa': cart - 610 GATEVAT DE33M- P_A. WX 2000 . Va. State Registration No.: NORTH . SIOUX CITY, SD 57069 Federal Social Security No.: 46-0431398 r Prompt Payment Discount: % for payment within days/nei30 days. Fairfax Liomse Tax No.: CHECK O 1N IDUAL 1- PARTNERSHIP K •CORPORATION. State in which 1 IDEE"AIFtE r�Y COMPANIES, INC. Is A aaAwApE Vendor Legally Authorized Signature Date ORATION SEAL NOT REOVIRED (Impress Corporift Seal Here) JAY V LA1�E VICE PSiDg.� Print Name and Title GOVERMENT SALES, BUSnMSS 3==C9YCL331T llAPlg,KAMCU Y$OPOSA'r„ By signing this bid, Bidder certifie% aclwowledges, understands, and agues to be bound by tate conditions act forth is . Paragraph 61 of the General Conditions and Instructions to.Bidders, regarding financial disclosure requirememil . ACCEPTANCE AGREEMENT -COUNTY OF FAIRFAX (This is not an order—Purchase Order will follow.) CONTRACT NUMBER: R000-341360.16 Cr DATE: -APR 2 T •2000 46wiv Contract Administrator Sealed proposals subject to tertand condibroos of this RFP will be received at 12000 ja Government Center r—kway. 427. Fairfax, Virginia 22035 unus til tiaheldate specified above for furabliing items or services delivered or furnished to specified destination within the time specified or stipulated by the Offeror: AN EQUAL OPPORTUNITY PURCHASING ORGANIZATION (DPSM32) Cover Shea 02-1044 I r AIRFAXDF. ?"Irflmm OB PI cnLft G a AWLY M"Assur er j'+ I20W Govelvaen[ Ceeoter Ply, - &ii& 07 FWAX, Vim• 22035 -MU COUNTY mwar.ca.t�vr.uddpa�a V I R' G I N I A sa¢.aw F. pw) : MEMORANDUM OF NUGOTIATI[OW RQ00-341360-16 The County of Faieak (hereinafter eared zbe'County) and C�rateway Business, (hereinafter called the CON77,ACT0R) hereby agme to the following in Me executicia of XQ00-341360-16. The final contract contains the following items: (a) Psirfae County's 1tFP00-341360-1d and all Addenda: (b) Gateway's Technical and Business Proposals dated -December 16;.1999 - (c) Supplemental ictforrcalion dated February 24, 2000, inchding signed Government Purchasing Alliaaea AdrrtinistratiweAgr�eee�ment (d) Gatti+ Ws letter• dated Mamb 3, 2000 (d) Fairfax County Purchase Order (e) Any subse went ameadrnenrs to .this cozivW aka�oae L — p1 Y'I D — t,'14 ja4cd The foilowizsg provisions are to be included in the Comtraet; (. Automatic Price Reduction. If at any tithe, the prices drop for the items listed under this contract the prises shall. immediately apply to this contract 1 Ce dit �j 2. Spot Pricing. Addltiaaal discounts may be given, ort a transavdoa by transaction basis; for orders in quantities cmater than a unit of one. The discounts may vary by site of the orders. 3. Contractor agrees to work collective whh Tairfak County; U.S. Communities and other contractors to negotiate the most favorable pricing from softwam manufaotavm Accepted br. .%S Itimbarfy . lrepbu Contracts Manager Date. Gstcway Usiness �? Aratand E. lulalo, CPPo, Director nate Department of Purchasing & Supply Managament 0-1044 .ter • - ' - ' 'gid �: fled: Susam, M*afaj+ 7.. CC: Jeff Chebegia, Gateway 7)0; Rgqo ,I?40=er Auik-agtb imty Attorney .r , DATE: April 25, 2000 0 5io �teway:ti�ve �lagtit 5icwc:�tty`�C.57o49 .- t 1t.fiee.8p¢s46,2coo ;tax -60.23x.2023 n SUBJECT: .. Final negotiated revisions -to the gateway B-asiness Products Limited Warranty and Terms and Conditions Agreement between-tlie County of Fairfax and -:Z a.3r C':R�Wits. 1. Delete the second sentence in Section IB and repla--:e with, "The Fairfixoriginal RFP#00=341360-16, General Conditions and Instructions 0 Bidders, #47,.shall apps" 2. In Section IC,delete last sentmce and replaoc with following language to tread, "This clause may not apply to certain participating public :;geneies that-eiv exempt &ora taxation." - r 4. 3. Dcictathe:in esti the. -second en1 o;-:,' 4. Add the following language to the- last sentence of Section- 2D to read, " nIm the opened software is -defective ad returned within ninety (90) days." . 5.) In Sectiou 2F, delete the ` ro Intetnaticrtxl Clients'' paragraph. . 6.) Replace Section 3B, (2), to road as follows, " Oaw'My' of en its clients undetr the warranty to replace equipment that is of equal or greater.f metionRlity than those contained on the mighm].Order." 7.) In Section A line 8, delete IMS DF.PRECIAT)ON". 8.) tri Section 3C, line 2, after 'Indicated on your invc icc", add ". but for not it= than 6 months." 9.) 3n Section X, lint 4, after `Indicated on yow,inv-Miec",•add 1111,6ut for not less than 6 monfiss." 10.) Replace Section 11, 4th ie wnce to read "YOU•A:'tfi BINANCI,ALLY RESPONSIBLE FOR TM 15EFBCTNE PART.OR PRODUCT BENG RBFLACE THAT NEEDS 70 BB RETURNED TO OATBWAY." 11.). In SectlonI, del�tc the"?b �nfariutiorisl�tii�mta" psrtgrap�. .. 02-1044 1,,SpfiAU.4A8a, line 3,..replace 13.) In Section 4D, delete the second senteno^T• "if`m essary" to the ft of Section 14.E �,dd• ""'�`t+='' $ lace`• State of South DakR?a'' with `co1=cM rc' t1s fl " ixRrma. In S�Ct3qn, , rcP .,... 15.) Delete Section 9 and the last sentence uadcr Section 12. 17.) a to read as follows: `,be Fairfax 014 � w pj"00-341360, G�meW Add longua 8 conditions wd inst =tiou to Bidden 06; Shall aFPW GATEWAY COMPANIES, INC. COUNTY OF FAMFA X .Signed on behalf of Kimberly A. Hepburn, Contracts Manager: Susan M. Moore. Senior Contract Administrator Name & Tide ,April 25,20M Date ARMRND E. MATO, CPPO, DIRECTOR NBF9FfAtRF�- DEP~t CHASING b SUPPLY MANAGEMENT APR 2 7 Z�fO Date "J. 02-1044 AWARD UNDER STATE OF FLORIDA CONTRACT NOS. 250-040-99-1, 973-561-03-1, 252-024-01-1, 250-000-03-1 255-001-01-1 and Fairfax County, Virtdnia Contract No R000 -341360 -16A -G ITEM: Computer Hardware and Software DEPARTMENT: ITD, Police and Fire Rescue TYPE OF PURCHASE: Short-term REASON: The Department of Information Technology, Police and Fire Rescue has a need to procure personal computers, monitors, terminals, associated hardware and software, installation services, and maintenance services. RECOMMENDATION: It is recommended that the personal computers, monitors, terminals, associated hardware and software, installation services, and maintenance services from Various Vendors, under existing State of Florida Contract Nos. 250-040-99-1, effective until September 30, 2002; 973-561-03-1, effective until July 17, 2003; 252-024-01-1, effective until March 22, 2004; 250-000-03-1, effective until July 31, 2005; 255-001-01-1 effective until January 31, 2004, subject to any extensions thereto by the State of Florida and Fairfax County, Virginia Contract No. RQ00-341360-16A-G, effective through April 30, 2003, subject to any extensions thereto by Fairfax County, Virginia, for the Departments of Information Technology, Police, and Fire Rescue, at an award amount not to exceed $75,000; allocating funds therefore from E-911 Account Code No. 196002.290461.6.850. rQzo� 40,4 ector of Purchasin!K G1 l/ 4--- 3o —OZ Date AwwdStawContmcts 02-1044