HomeMy WebLinkAboutR-00-0816J-00-830
9/20/00
RESOLUTION NO. 00— o
A RESOLUTION OF. THE MIAMI CITY COMMISSION
AUTHORIZING THE PROCUREMENT OF TECHNICAL
CONSULTING SERVICES FOR MICROSOFT OFFICE
AUTOMATION SOFTWARE, MICROSOFT WINDOWS,
AND MICROSOFT SOFTWARE DEVELOPMENT
SOFTWARE FOR THE DEPARTMENT OF INFORMATION
TECHNOLOGY, FROM COMPAQ COMPUTER CORPORATION,
UTILIZING STATE OF FLORIDA CONTRACT
NO. 973-505-01-1, EFFECTIVE THROUGH JULY 14,
2001, SUBJECT TO ANY EXTENSIONS THERETO, IN
AN ANNUAL AMOUNT NOT TO EXCEED $40,000,
CONSISTING OF FUNDS IN THE ANNUAL AMOUNT
OF $14,496 TO COVER 25 CONSULTING SERVICE
INCIDENTS ("INCIDENTS"), AND A CONTINGENCY
OPTION TO PURCHASE ADDITIONAL INCIDENTS IN
BLOCKS OF 10 AT $2,500, FOR A TOTAL
ANNUAL AMOUNT NOT TO EXCEED $40,000;
ALLOCATING FUNDS THEREFOR FROM GENERAL FUND
ACCOUNT CODE NOS. 001000.460101.6.270 AND
001000.460101.6.670.
WHEREAS, the Department of Information Technology requires
the procurement of technical consulting services for Microsoft
Office automation software, Microsoft Windows and Microsoft
Software Development software; and
WHEREAS, the City of Miami has standardized its Personal
Computer platform on Microsoft and uses many Microsoft products
to handle electronic mail, internet communications, work
processing, spreadsheets, program development, software inventory
management systems and related applications; and
CITY COMMISSION
MEETDIC OF,
S E P 2 8 2000
® resolution No.
WHEREAS, to provide quality support to our user community
and to be able to.. respond quickly to system problems, the
Department of Information Technology must have readily available
access to trained and certified Microsoft technicians; and
WHEREAS, it is more cost effective for the City of Miami to
contract. for the technical consulting services than to -hire and
train staff with sufficient knowledge of all these products; and
WHEREAS, funds are available from General Fund Account Code
Nos. '001000.460101.6.270 and 001000. 460101.6.670;
NOW,,THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The procurement of technical consulting
services for Microsoft Office automation software, Microsoft
Windows, and Microsoft Software Development software for the
Department of Information Technology, from Compaq Computer
Corporation, utilizing State of Florida Contract No. 973-505-01-
1, effective through July 14, 2001, subject to any extensions
thereto, in an annual amount not to exceed $40,000, consisting of
funds in the annual amount of $14,496 to cover 25 consulting
service incidents ("incidents"), and a contingency option to
purchase additional incidents in blocks of ten (10) at $2,500,
for a total annual amount not to exceed $40,000, is hereby
authorized, with funds therefor hereby allocated from General
Page 2 of 3 00— 816
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Fund Account Code Nos. 001000.460101.6.270 and
001000.460101.6.670.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor."
PASSED AND ADOPTED this 28th day of September 2000.
JOE CAROLLO, MAYOR
11n acccrdanme witf` Miami co je sec ?AF. since th- A4ay. r clad not indicate approval of
this leq:,z1 atrrtsin?ny ti in the designated ptaccc, pr;a0dk4a. snit' legislat ors
bF,,c! : ,es �.If#ective with the elacpse of ten (10) do from the df commis ' -aC$ Cn
regarding same, without the Mayor exec s g etQ I e
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPRO :�"�AS FO
:?!:
04WILARELLO
ORNEY
BSS
Wafterdl.
CORRECTNESS:/
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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 3 of 3 00— 816
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
To : Of The City Commission
FROM
los Gimene
City Manager
Recommendation
CA -9
DATE : SES- ! 2 2000
SUBJECT : Acquisition of Microsoft
Support Services from
Compaq Corp.
REFERENCES:
ENCLOSURES:
FILE :
It is respectfully requested that the City Commission approve the attached resolution
authorizing the City Manager to acquire the services of the Compaq Corporation, (non-
local/non-minority), for the procurement of technical support for Microsoft Office
automation software, Microsoft Windows, and Microsoft Software Development
software, under State of Florida Contract Number 973-505-01-1, for the Department of
Information Technology, effective through July 14, 2001, and subject to further
extensions by the' State of Florida. At an annual cost of $14,496 for 25 incidents, with the
option to purchase additional incidents, in blocks of 10, for $2,500, for a total annual cost
not to exceed $40,000. Funds are allocated from General Fund Account Codes,
001000.460101.6.270 and 001000.460101.6.670.
Background
The Information Technology Department is in need of procuring support for the
Microsoft suite of Office automation and Software Development products (i.e. Word,
Excel, BackOffice, Sequel, Visual Basic etc.). The City of Miami has standardized its
Personal Computer platform on Microsoft. As such, we utilize many Microsoft products
to handle electronic mail, internet communications, word processing, spreadsheets,
program development, software inventory management systems etc.. To provide the
proper level of support to our user community and to be able to respond quickly to
system problems the Information Technology Department must have continual access to
trained and certified Microsoft technicians. It is not cost effective for the City of Miami
to hire and/or train staff with sufficient knowledge on all these products when the same
level of support can be purchased for considerably less money. Furthermore, the
Information Technology Department will need support in the transition from Windows
NT 4.0 Operating System to Windows 2000. Compaq Corporation is authorized by
Microsoft to provide this level of service, and the Information Technology Department
has tested Compaq to insure that they can meet our needs.
The Procurement Department has determined that this service can be purchased under the
State of Florida contract 973-505-01-1.
CAG:RJN:A: .ng
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Judy Carter
TO Director Purchasing Department
f
FROM
Aldo Stanc to
Director, Information Technology Department
DATE: July 27, 2000
SUBJECT : Acquisition of Microsoft
Support Services from
Compaq Corp.
REFERENCES:
ENCLOSURES:
FILE :
The Information Technology Department has verified with the Department of
Management & Budget, that funds are available to acquire technical support services for
Microsoft Office, Microsoft Windows, and Microsoft Software Development products
from Compaq Corporation, (non-local/non-minority), under State of Florida Contract
Number 973-505-01-1, for the Department of Information Technology, effective through
July 14, 2001, and subject to further extensions by the State of Florida. At an annual cost
of $14,496 for 25 incidents, with the option to purchase additional incidents, in blocks of
10, for $2,500, for a total annual cost not .to exceed $40,000. Funds are allocated from
General Fund Account Codes, 001000.460101.6.270 and 001000.460101.6.670
BUDGETARY REVIEW AND APPROVAL:
Linda Haskins, Director611 Management and Budget Department
►44 -
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Compaq Computer Corporatioor, Page 1 of 1
Compaq Computer Corporation
ORDERING INSTRUCTIONS
NOTE: ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: F-042226590-001
VENDOR: Compaq Computer Corporation (A)
ADDRESS: 1435 Piedmont Dr E Ste 112
CITY,:STATE, ZIP: Tallahassee, Fl. 32312-2943
TELEPHONE: (904) 297-6988
TOLL FREE NO.:
ORDERING FAX NO.: (904) 297-6990
SERVICES INFORMATION:
DIRECT INQUIRY TO:
NAME AND TITLE: Darrell B. Wilson, Professional Services Sales Executive
ADDRESS: 1435 Piedmont Dr E Ste 112
CITY, STATE, ZIP: Tallahassee, FL 32312-2943
TELEPHONE: (850) 297-6978 FAX (850) 297-6990
TOLL FREE NO.:
URL HOME PAGE ADDRESS:http://www.compag.com
ELECTRONIC MAIL ADDRESS: Darrell.Wilson(&,,compaq.com
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http://fcn.state'.'fl.us/st—contracts/97350501 I/orderl.htm 8/17/00
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Suite 315
CERTIFICATION OF CONTRACT
TITLE: Consultant Services -IT
(Compaq Computer Corporation)
BID NO.: 973-505
CONTRACT NO.: 973-505-01-1
EFFECTIVE: July 15, 2000
through July 14, 2001
CONTRACTOR(S): Compaq Computer Corporation (A)
ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH
MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF BOB GLOVER AT (850)
488-8303, SUNCOM 278-8303. E -Mail: gloverbI(a),dms.state.fl.us
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management
Services on July 5, 2000, a contract has been executed between the State of Florida and the
designated contractor.
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 services may be made under the terms, prices, and
conditions of this agreement and with the supplier specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached
ordering instructions. Purchaser may order at the prices indicated, exclusive of all Federal, State and
local taxes.
All contract purchase orders shall show the State Purchasing contract number, services description,
with unit prices extended and purchase order totaled. (This requirement may be waived when
purchase is made by a blanket purchase order.) Upon request, one copy of each purchase order shall
be forwarded to this office, as provided in the State Purchasing Rule 60A-1.008, Florida
Administrative Code.
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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 the State Purchasing for
receipt no later than 90 days prior to the expiration date of this contract.
Authorized Signature
ML/sec
Attachments
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STATE TERM CONTRACT AGREEMENT
This Agreement is entered into by and between Digital Equipment Corporation (Digital)/(Contractor) and the State of
Florida, Division of Purchasing, Department of Management Services (State), to serve as a master agreement for the
acquisition of Information Technology Consulting Services, by the State of Florida agencies -and other eligible users in
accordance with the Eligible Users paragraph. This agreement shall become effective on July 15, 1996 and shall
remain in force until July 14, 1997 unless sooner terminated as provided herein.- This agreement may be renewed for
two (2) additional one year periods upon the mutual written consent of the parties. The State may terminate this
agreement or any renewal, with 10 days written notice, at any time, or upon the execution of a multi -vendor, multi-
service information technology consulting services contract. However such termination will not affect any work in
progress for the State or any Eligible User as defined herein at the time of such termination.
Florida Law shall apply to any interpretation or definition of the parties' rights and obligations under this Agreement.
This agreement, its attached appendices,. statement of work, quotation, service description, and any purchase orders
subsequently issued in connection therewith, constitute the full and complete agreement between the parties.
Any changes, modifications, or deletions to this agreement, shall be in writing and contain the signature of the
authorized representative of each of the parties.
Any disputes between the parties, shall be resolved in accordance with the Disputes Provisions of the General
Conditions contained in the Bidder Acknowledgment (PUR: 7031), and Florida Law.
SPECIAL CONDITIONS
ELIGIBLE USERS
Eligible Users means political subdivisions of the State of Florida (county, local county board of public instruction,
municipal, or other local public agency or authority), State Universities, and any other public entities authorized by
State statute, which may desire to purchase under the terms and conditions of the Agreement.
State means the State of Florida, its departments and divisions, and Eligible Users placing an order under this
Agreement.
ESTIMATED QUANTITIES
It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately $5,000,000
under any contract resulting from this agreement. These estimated figures are given only as a guideline for planning and
administration purposes and should not be construed as representing actual figures under the contract.
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PUBLIC ENTITY CRIMES
A person or affrliate.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.
o 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 s. 287.017 for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list.
INSURANCE, WORKER'S COMPENSATION
The contractor shall take out and maintain during the life of this agreement; Worker's 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 Worker's Compensation Insurance for all of the latter's employees unless'such
employees are covered by the protection afforded by the'contractor. Such insurance shall comply fully with.the
Florida Worker's 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.
SURCHARGE USER, FEE AND SUMMARY OF TOTAL SALES
The Division of Purchasing hereby imposes a surcharge user fee of I% on contractors' sales under this contract.
After receipt of payment from the contract purchases, all surcharge fees shall be payable to the Department of
Management Services, Division -of Purchasing Grants and Donations Trust Fund and shall -be deposited no later than
the 15th of each month.
Contract supplier shall famish the Division of Purchasing a detailed summary of sales at the end of each month By
submission of these Sales Summary reports and corresponding 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.
Failure to deposit fees in a timely manner and provide sales summary, even if there are no sales, within thirty (30)
calendar days following the end of each month may result in the contract supplier being found in default, in which case
any and all reprocurement costs maybe charged against the defaulting contractor.
CONTRACT ADMINISTRATION
The contract resulting from this Solicitation will become a public document. The State of Florida, Division of
Purchasing (DOP), is using the Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to
distribute contract and product information to users of State Tern Contracts. Contract information includes
certification, special conditions, and revisions. Product information includes specifications, pricing, ordering
information, and revisions.
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The following components and activities will be required of each CONTRACT HOLDER unless specifically
exempted, in writing, by the DOP:
INTERNET HOME PAGE: Each CONTRACT HOLDER will be required to develop and maintain a
Home Page on the Internet WWW. The Home Page must be built and then maintained over the life of the
State Term Contract to be compatible with the most recent version of browser software being used by the
DOP. As of the writing of this Solicitation, Netscape Navigator 2.0 is the DOP browser standard. The DOP
intends to upgrade to new browser versions as they become available and fully tested, at its discretion.
Each CONTRACT HOLDER Home Page must include, at a minimum, text based information about the
products and/or services to be provided under the contract that effectively describes the product or service.
Though not required at this time, it is highly recommended that graphics and/or audio based information also
be used.
Descriptions of products or services must be organized on the CONTRACT HOLDER Home Page based on
DOP Commodity Code. A separate Universal Resource Locator (URL) must be provided for each DOP
Commodity Code.
The URL for the Home Page must be listed in the space provided on the Ordering Instructions page of the
bid.
PRICE LISTS: DOP, at its discretion, will allow the CONTRACT HOLDER to configure its own PRICE
LIST of all eligible offerings and to post the prices on the CONTRACT HOLDER Home Page. However,
price changes must be reviewed and approved by the DOP Contract Administrator before they can be posted
to the CONTRACT HOLDER Home Page.
Price lists and revisions for the Home Page must be provided by the CONTRACT HOLDER in American
National Standard Code for Information Interchange (ASCII) text format or as a Word For Windows file. At
the discretion of the DOP, price list and revision text or Word For Windows files will be required to be sent
electronically using E-MAIL, and/or shipped by carrier using diskette, to the Contract Administrator.
Product and service pricing must be organized on the CONTRACT HOLDER Home Page based on DOP
Commodity Code. A separate Universal Resource Locator (URL) must be provided for each DOP
Commodity Code.
Failure to submit the information required in this section may be grounds for disqualification of this agreement and/or
removal from any resulting 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 agreement, 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.
LIMITATION OF REMEDIES
The entire liability of the contractor and State's exclusive remedy for damages from any cause related to or arising out
of this Agreement, regardless of the form of action, whether in contract or in tort, will not exceed the greater of (a)
$100,000 or (b) the charges paid to the contractor for the services which are the subject matter of or directly related
to the causes of action asserted. This limitation of liability will not apply to 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.
The contractor shall hold and save 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 the contractor's tortious conduct in the performance
of this Agreement provided that, (a) State promptly notifies the contractor in writing of any claims, and (b) the
contractor shall be given the opportunity at its option to participate in any related settlement negotiations and, provided
further, that with respect to any claim, or portion thereof, for which the contractor agrees at the initiation of such claim
that the contractor shall save and hold State hamiless, the contractor shall have the sole control of the defense, trial
and related settlement negotiations, and (c) State fully cooperates with -the contractor in the defense of claim.. In no
event, however, will the contractor be liable for (a) any damages caused by State's failure to perform State's
responsibility, or for (b) any lost profits or other consequential damages, even if the contractor has been advised of the
possibility of such damages, or (c) any claim against State by arty. other party, except as provided in the hold -harmless
provision of this paragraph.
PAYMENT
Charges for Information Technology Consulting Services will be invoiced as the services are performed, or in
accordance with a performance schedule established and agreed to between the -contracting parties.
Payments will be made in accordance with Section 215.422, Florida Statutes, which delineates Contractor's rights
and State's responsibilities concerning time allowances for payment of invoices and applicable interest penalties.
Invoices for travel and living expenses, if authorized under provisions of this agreement, shall be submitted in
accordance with Section 112.061, Florida, Statutes.
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PRICE PROTECTION
The contractor's current list prices for Information Technology Consulting Services are attached to this Agreement as
Appendix B, Information Services Pricing. Charges for information technology services will be at a discount off the
contractor's then current list prices for such services, provided however, that the contractor's list prices for services
under this Agreement will not increase above those prices in Appendix B for one year after the effective date of this
Agreement.
DELIVERABLES
Information Technology Consulting Services supplied by the contractor under this Agreement are provided to assist
the State. When specific services are required, the contracting agency will be responsible for preparing a statement of
work/requirements for submission to the contractor and negotiating a contract which should include at a minimum:
specific deliverables, personnel assigned, time period commitments and costs.
CHANGES IN PERSONNEL
The contractor may assign, reassign and substitute personnel at any time. In the event it becomes necessary for the
contractor to substitute key personnel, such substitution will take place in consultation with the State and will be made
upon the State's prior approval, which will not be unreasonably withheld.
DEFAULT
The following paragraph is added to Paragraph 10 Default of the General Conditions:
The State shall give ten (10) days prior written notice of intent to terminate the Agreement under this paragraph, which
notice shall specify such default or failure in such detail to allow the Contractor the opportunity to cure such default,
The Contractor shall have twenty (20) days from its receipt of such notice to remedy such default. If the breach or
default is not remedied during such cure period, the termination will become effective and the Contractor shall be liable
for damages, except as may be limited by other provisions of the Agreement.
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ASSIGNMENT
Paragraph 13 of the General Conditions is amended to add the following:
Notwithstanding the foregoing, the contractor may assign the right to receive payments under this Agreement with the
State's prior written consent, which shall not be unreasonably withheld. Any such assignment, however will not
change the obligations of the contractor to the State.
WARRANTIES
Information Technology Consulting Services will be performed by the contractor in a professional and workmanlike.
manner. Except as expressly stated in this Agreement, there are no warranties, expressed or implied. THE
CONTRACTOR DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. CONTRACTOR WARRANTIES EXTEND SOLELY TO THE STATE.
OTHER CUSTOMERS
The contractor may provide the same or similar services and/or materials to other customers.
INTELLECTUAL PROPERTY
Any ideas, concepts, know-how, data processing techniques, software, documentation, diagrams, schematics or
blueprints developed exclusively by contractor personnel in connection with Information Technology Consulting
Services provided to State will be the exclusive property of the contractor. Any joint or future software development
effort will be subject to a separate agreement signed by State 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 State or.
the contractor, respectively. Nothing in this Agreement shall affect in any way the contractor's ownership of all right,
title and interest in and to any existing contractor's system software, application, software, routines, techniques, ideas or
formulae which may be utilized in whole or in part by the contractor in performing services for State, or any
modifications, enhancements or derivative works thereof, which shall remain solely the property of the contractor.
TRAVEL EXPENSES AND WORK TIME
Travel expenses will be paid pursuant to the provisions of Section 112.061, Florida Statutes.
Services will beprovided Mondaythrough Friday, excluding holidays, during the normal work hours of the client's
office.
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YEAR 2000 COMPLIANCE WARRANTY
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 (including, but not limited to, calculating, comparing,
and sequencing) from, into, and between the twentieth and twenty -fust 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 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.
APPENDIX TO AGREEMENT
The following listed appendices to this agreement is attached hereto and incorporated by reference into this
Agreement.
Appendix A - Information Services Portfolio
Appendix B - Information Services Pricing
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Appendix A
These information technology services may include the following: consulting, special studies, programming,' application
design and development, systems analysis, design and support, and supervision of systems -design or application
development. Services provided on an hourly basis have a 4 hour minimum charge. The specific activities to be
provided by Compaq under this section may be detailed in a Statement of Work, Task Order, or Service Description
submitted by the ordering agency with the delivery order.
Subject to mutual agreement, these services maybe performed at either State of Florida or Compaq facilities.
Charges for these services willbe invoiced.on the first day of the month following the performance of the service, or in
accordance with an agreed to payment schedule. Pay schedules will remain the same for one year from the date of the
contract.
In -town rates refer to services performed by local resources. Out of town rates refer to services performed by
individuals who have to travel more than 50 miles to point of.delivery. On a case by case basis, the State of Florida or
Compaq may choose to use in -town rates plus travel expenses for out of town service delivery.
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SECTION 1
CONSULTING SERVICES
USE COMMODITY NUMBER 973-500 TO PROCESS ORDERS UNDER THIS CONTRACT.
Hourly In -Town Hourly Out of Town Hourly
Classification Standard Rate Discounted Rate Discounted Rate
Consulting Associate
95.00
76.00
101.00
Consulting Associate 1
130.00
104.00
129.00
Consulting Associate 2
150.00
120.00
145.00
Consulting Associate 3
170.00
136.00
161.00
Technical Consultant 1
190.00
152.00
177.00
Technical Consultant 2
210.00
168.00
193.00
Sr Technical Consultant
230.00
184.00
209.00
Technical Director
275.00
220.00
245.00
Admin & Tech Support
50.00
40.00
65.00
Unicenter Software Bundled Services:
Provide, setup, and lead installation and configuration activities for Unicenter Software. Knowledge transfer is
provided during installation and configuration activities. In addition, warranty/maintenance (software/documentation
updates and telephone support) is provided for a period of 12 months after shipment of software. Customer
responsibilities include provision of information regarding systems and software in use, provision of platform hardware
and software at supported release levels, participation in knowledge transfer activities, and participation in installation
and configuration activities lid by Compaq. Computer Associates software provided is distributed by Compaq "AS
IS". Software is licensed and warranted to the customer by Computer Associates in accordance with the terms of
Computer Associates' End User License Agreement and Addendum. Computer Associates procedures require
customer to sign certain End User Agreements.
A Unicenter Assessment Service is recommended prior to purchase of Unicenter Bundled Services.
Pricing (pricing is cumulative, based on number of power units purchased together*)
1st - 50`h power unit $499 per power unit
51st - 200 "'ower unit $242 per power unit
201st -500 power unit $156 per power unit
501st and all additional power units $118 per power unit
*For example, total price for 750 power units of Unicenter Software Bundled Services purchased at same time is:
50 Units @ $499/power unit
$24,950
150 Units @ $242/power unit
$36,300
300 Units @ $156/power unit
$46,800
250 Units (a, $118/power unit
$29,500
750 Units total cost is
$137,550
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Unicenter Assessment Service
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Compaq will conduct an on site review to understand your technical requirements and expectations, review operating
systems and hardware in use, provide a detailed quotation based on total power unit requirements, a description of
service tasks,.and develop an implementation matrix for delivery of Unicenter Bundled Services. In Unicenter
Bundled Services, are ordered within 30. days of the assessment, Unicenter Bundled Services invoices will be reduced
by the amount paid for the Unicenter Assessment Service.
Pricing $10,000,
SECTION II
ENGINEERING SERVICES
CLIENT/SERVER SERVICES
QR-SMDCY-BA
A Year 2000 upgrade specialist works with you to
review your current environment, define the scope and
impact of the'update or upgrade, and identify inter-
dependencies. A final plan clearly defines deliverables,
roles, responsibilities, and implementation timeline.
Year 2000 Health check data collection and reporting $1200.00 / day
This service provides you with a comprehensive
assessment of the Year 2000 readiness of the Compaq and
selected partner products you depend on today. Using
automated tools, our service professionals perform an
on-site audit to identify all of the standard .Compaq and
selected partner products in your environment, including:
hardware, operating systems, and layered software.
12
CONTRACTPRICE
PART NO.
DESCRIPTION
QR-SMPMD-Y 1
UAS 500 MIN DEPT. CARD
$1,140.00
QR-SMPMD-Y2
UAS 1000 MIN DEPT. CARD
$2,196.00
QR-SMPMD-Y3
UAS 2500. MIN DEPT. CARD
$5,220.00
QR-SMPMD-Y4
UAS 5000 MIN DEPT. CARD
$9,696.00
QR=SMPMD-Y5
UAS 10000 MIN DEPT. CARD.
$17,400.00
QR-SMDCY-BZ
Year 2000 Statement of Work
$150.00 / hr.
QR-SMDCX-BA
Year 2000 Planning
$150.00 / hr'
QR-SMDCY-BA
A Year 2000 upgrade specialist works with you to
review your current environment, define the scope and
impact of the'update or upgrade, and identify inter-
dependencies. A final plan clearly defines deliverables,
roles, responsibilities, and implementation timeline.
Year 2000 Health check data collection and reporting $1200.00 / day
This service provides you with a comprehensive
assessment of the Year 2000 readiness of the Compaq and
selected partner products you depend on today. Using
automated tools, our service professionals perform an
on-site audit to identify all of the standard .Compaq and
selected partner products in your environment, including:
hardware, operating systems, and layered software.
12
QR-SMMAS-B2 MAS
QR-SMMAS-BA
QR-SMMAS-B 1
QR-SMMAS-BB
QR -SMAS 1-G1
QR-SMAS2-G1
0
Microsoft Authorized Support 10 incidents
Microsoft Authorized Support 25 incidents
Microsoft Authorized Support 75 incidents
Microsoft Authorized Support SMB 15 incidents
Gold+MAS 100 Inc SPL 1
Gold+MAS 100 Inc SPL 2
is
$2,499.00/yr
$14,496.00/yr
$23,736.00/yr
$9,900.00/yr
$40,008.00
$59,208.00
Key Components of Microsoft Authorized Support from Compaq as detailed below is, but not limited to the
following:
• Co -delivered service offering from Compaq and Microsoft
• Access To Microsoft Premier Service Desk via Web including unlimited user access.
• Fully managed service giving both Problem Resolution, Information Services and Proactive Account
Management services as described in the attached CSD (Customer Service Description)
• Personally managed by Technical Account Manager(s) (TAM) from both Compaq and Microsoft
• Multivendor resolution as described in the attached SPL (Supported Products List)
• Escalation capabilities directly to customer assigned Microsoft TAM
• TechNet Plus server license on CD Rom including unlimited user access.
• Quarterly CD update - server based mini Premier Service Desk
13
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ORDERING INSTRUCTIONS
NOTE: ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: F-042226590-001
VENDOR: Compaq Computer Corporation (A)
ADDRESS: 1435 Piedmont Dr E Ste 112
CITY, STATE, ZIP: Tallahassee, Fl. 32312-2943 ,
TELEPHONE: (904) 297-6988
TOLL FREE NO.:
ORDERING FAX NO.: (904) 297-6990
SERVICES INFORMATION:
DIRECT INQUIRY TO:
NAME AND TITLE: Darrell B Wilson, Professional Services Sales Executive
ADDRESS: 1435 Piedmont Dr E Ste 112
CITY, STATE, ZIP: Tallahassee, FL 32312-2943
TELEPHONE: (850) 297-6978 FAX (850) 297-6990
TOLL FREE NO.:
URL HOME PAGE ADDRESSfittp://www.compag.com
ELECTRONIC MAIL ADDRESS: Datrell.Wilson(a)compag.com
SECTION 1 Page 1 of 4
SECTION 1
CONSULTING SERVICES
USE COMMODITY NUMBER 973-500 TO PROCESS ORDERS UNDER THIS
CONTRACT.
Unicenter Software Bundled Services:
Provide, setup, and lead installation and configuration activities for Unicenter Software. Knowledge
transfer is provided during installation and configuration activities. In addition, warranty/maintenance
(software/documentation updates and telephone support) is provided for a period of 12 months after
shipment of software. Customer responsibilities include provision of information regarding systems
and software in use, provision of platform hardware and software at supported release levels,
participation in knowledge transfer activities, and participation in installation and configuration
activities lid by Compaq. Computer Associates software provided is distributed by Compaq "AS IS".
Software is licensed and warranted to the customer by Computer Associates in accordance with the
terms of Computer Associates' End User License Agreement and Addendum. Computer Associates
procedures require customer to sign certain End User Agreements.
A Unicenter Assessment Service is recommended prior to purchase of Unicenter Bundled Services.
Pricing (pricing is cumulative, based on number of power units purchased together*)
1St - 50th power unit
51 st - 200th power unit
201st - 500th power unit
http://fcn.state.fl.us/st—contracts/97350501 I/pricel.htm
$499 per power unit
$242 per power unit
$156 per power unit
'' M� 1;
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Hourly
In -Town Hourly
Out of Town
Hourly
Classification
Standard Rate
Discounted Rate
Discounted
Consulting Associate:
95.00
76.00
101.00
Consulting Associate 1
130.00
104.00
129.00
Consulting Associate 2
150.00
120.00
145.00
Consulting Associate 3
170.00
136.00
161.00
Technical Consultant 1
190.00
152.00
177.00
Technical Consultant 2
210.00
168.00
193.00
Sr Technical Consultant
230.00
184.00
209.00
Technical Director
275.00
220.00
245.00
Admin & Tech Support
50.00
40.00
65.00
Unicenter Software Bundled Services:
Provide, setup, and lead installation and configuration activities for Unicenter Software. Knowledge
transfer is provided during installation and configuration activities. In addition, warranty/maintenance
(software/documentation updates and telephone support) is provided for a period of 12 months after
shipment of software. Customer responsibilities include provision of information regarding systems
and software in use, provision of platform hardware and software at supported release levels,
participation in knowledge transfer activities, and participation in installation and configuration
activities lid by Compaq. Computer Associates software provided is distributed by Compaq "AS IS".
Software is licensed and warranted to the customer by Computer Associates in accordance with the
terms of Computer Associates' End User License Agreement and Addendum. Computer Associates
procedures require customer to sign certain End User Agreements.
A Unicenter Assessment Service is recommended prior to purchase of Unicenter Bundled Services.
Pricing (pricing is cumulative, based on number of power units purchased together*)
1St - 50th power unit
51 st - 200th power unit
201st - 500th power unit
http://fcn.state.fl.us/st—contracts/97350501 I/pricel.htm
$499 per power unit
$242 per power unit
$156 per power unit
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SECTION 1 Page 2 of 4
501St and all additional power units $118 per power unit
*For example, total price for 750 power units of Unicenter Software Bundled Services purchased at
same time is:
-
50 Units @ $499/power unit
$24,950
150 Units @ $242/power unite
$36,300
300 Units @ $156/power unit
$46,800
250 Units @ $118/power unit
$29,500
750 Units total cost is
$137,550
Unicenter Assessment Service
Compaq will conduct an on site review to understand your technical requirements and expectations,
review operating systems and hardware in use, provide a detailed quotation based on total power unit
requirements, a description of service tasks, and develop an implementation matrix for delivery of
Unicenter Bundled Services. In Unicenter Bundled Services are ordered within 30 days of the
assessment, Unicenter Bundled Services invoices will be reduced by the amount paid for the.
Unicenter Assessment Service.
Pricing $10,000
SECTION II
ENGINEERING SERVICES
CLIENT/SERVER SERVICES
PART NO.
DESCRIPTION
QR-SMPMD-Y1
UAS 500 MIN DEPT. CARD
QR-SMPMD-Y2
UAS 1000 MIN DEPT. CARD
QR-SMPMD-Y3
UAS 2500 MIN DEPT. CARD.
QR-SMPMD-Y4
UAS 5000 MIN DEPT. CARD,
QR-SMPMD-Y5
UAS 10000 MIN DEPT. CARD
QR-SMDCY-BZ
Year 2000 Statement of Work
QR-SMDCX-BA
Year 2000 Planning
http://fcn.state.fl.us/st contracts/973505011/pricel.htm.
CONTR
PRICE
$1,140.0
$2,196.0
' $5,220.0
$9,696.0
$17,400.
$150.00
$150.00.
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SECTION 1
• 0
Page 3 of 4
A Year 2000 upgrade specialist works with you to
review your current environment, define the scope and
impact of the update or upgrade, and identify_,inter-
dependencies. A final plan clearly defines deliverables,
roles, responsibilities, and implementation timeline.
QR-SMDCY-BA
Year 2000 Health check data collection and reporting
$1200.00
This service provides you with a comprehensive
assessment of the Year 2000 readiness of the Compaq and
selected partner products you depend on today. Using
automated tools, our service professionals perform an
on-site audit to identify all of the standard Compaq and
selected partner products in your environment, including:
hardware, operating systems, and layered software.
QR-SMMAS-B2 MAS
Microsoft Authorized Support 10 incidents
$2,499.0
QR-SMMAS-BA
Microsoft Authorized Support 25 incidents
$14,496.
QR-SMMAS-Bl
Microsoft Authorized Support 75 incidents
$23,736.
QR-SMMAS-BB
Microsoft Authorized Support SMB 15 incidents
$9,900.0
QR-SMAS1-GI
Gold+MAS 100 Inc SPL 1
$40,008.
QR-SMAS2-Gl
Gold+MAS 100 Inc SPL 2
$59,208.
Key Components of Microsoft Authorized Support from Compaq as detailed below is, but not limited
to the following:
Co -delivered service offering from Compaq and
Microsoft
Access To Microsoft Premier Service Desk via
Web including unlimited user access.
Fully managed service giving both Problem
Resolution, Information Services and Proactive
Account Management services as described in the
attached CSD (Customer Service Description)
Personally managed by Technical Account
Manager(s) (TAM) from both Compaq and
Microsoft
Multivendor resolution as described in the attached816
r
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SECTION 1 Page 4 of 4
SPL (Supported Products List)
Escalation capabilities directly to customer ,
assigned Microsoft TAM
TechNet Plus server license on CD Rom including
unlimited user access.
Quarterly CD update - server based mini Premier
Service Desk
Suite 315 0 ® Page 1 of 2
Suite 315
CERTIFICATION OF CONTRACT
TITLE: Consultant Services -IT
(Compaq Computer Corporation)
BID NO.: 973-505
CONTRACT NO.: 973-505-01-1
EFFECTIVE: July 15, 2000
through July 14, 2001
CONTRACTOR(S): Compaq Computer Corporation (A)
ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER
PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE
ATTENTION OF BOB GLOVER AT (850) 488-8303, SUNCOM 278-
8303. E -Mail: gloverbl ,dms.state. fl.us
A. AUTHORITY - Upon affirmative action taken by the State of Florida
Department of Management Services on July 5, 2000, a contract has been
executed between the State of Florida and the designated contractor.
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 services may be made under the terms,
prices, and conditions of this agreement and with the supplier specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in
accordance with the attached ordering instructions. Purchaser may order at
the prices indicated, exclusive of all Federal, State and local taxes.
All contract purchase orders shall show the State Purchasing contract
number, services description, with unit prices extended and purchase order
totaled. (This requirement may be waived when purchase is made by a
blanket purchase order.) Upon request, one copy of each purchase order
shall be forwarded to this office, as provided in the State Purchasing Rule
60A-1.008, Florida Administrative Code.
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.
MEW;
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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 the State Purchasing for receipt no later than
90 days prior to the expiration date of this contract.
Authorized Signature
ML/sec
Attachments
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STATE TERM CONTRACT
AREEMENT Page 1 of 6
STATE TERM -CONTRACT AGREEMENT
This Agreement is entered into by and between Digital Equipment Corporation.(Digital)/(Contractor)
and the State of Florida, Division of Purchasing, Department of Management Services (State), to
serve as a master agreement for the acquisition of Information Technology Consulting Services, by
the State of Florida agencies and other eligible users in accordance with the Eligible Users paragraph.
This agreement shall become effective on July 15, 1996 and shall remain in force until July 14, 1997
unless sooner terminated as provided herein. This agreement may be renewed for two (2) additional
one year periods upon the mutual written consent of the parties. The State may terminate this
agreement or any renewal, with 10 days written notice, at any time, or upon the execution of a multi-
vendor, multi -service information technology consulting services contract. However such termination
will not affect any work in progress for the State or any Eligible User as defined herein at the time of
such termination.
Florida Law shall apply to any interpretation or definition of the parties' rights and obligations under
this Agreement.
This agreement, its attached appendices, statement of work, quotation, service description, and any
purchase orders subsequently issued in connection therewith, constitute the full and complete
agreement between the parties.
Any changes, modifications, or deletions to this agreement, shall be in writing and contain the
signature of the authorized representative of each of the parties.
Any disputes between the parties, shall be resolved in accordance with the Disputes Provisions of the
General Conditions contained in the Bidder Acknowledgment (PUR: 7031), and Florida Law.
SPECIAL CONDITIONS
ELIGIBLE USERS
Eligible Users means political subdivisions of the State of Florida (county, local county board of
public instruction, municipal, or other local public agency or authority), State Universities, and any
other public entities authorized by State statute, which may desire to purchase under the terms and
conditions of the Agreement.
State means the State of Florida, its departments and divisions, and Eligible Users placing an order
under this Agreement.
ESTIMATED QUANTITIES
It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately
$5,000,000 under any contract resulting from this agreement. These estimated figures are given only
as a guideline for planning and administration purposes and should not be construed as representing
actual figures under 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
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STATE TERM CONTRACT EMENT Page 2 of 6
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 s. 287.017 for CATEGORY TWO for a.period of 36 months from the
date of being placed on the convicted vendor list.
INSURANCE, WORKER'S COMPENSATION
The contractor shall take out and maintain during the life ofthis. agreement, Worker's 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 Worker's Compensation
Insurance for all of the latter's employees unless such employees are covered by the protection
afforded by the contractor. Such insurance shall comply fully with the Florida Worker's
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.
SURCHARGE. USER FEE AND `SUMMARY OF TOTAL SALES
The Division of Purchasing hereby imposes a surcharge user. fee of 1610 on contractors' sales under
this contract.
After receipt of payment from the contract purchases, all surcharge- fees shall be payable to the
Department of Management Services, Division of Purchasing Grants and Donations Trust Fund and
shall be deposited no later thanthe 15th'of each month.
Contract supplier shall furnish the Division of Purchasing a detailed summary of sales at the end of
each month. By submission of these Sales Summary reports and corresponding 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.
Failure to deposit fees in a timely manner and provide sales summary, even if there are no sales,.-
within
ales,-within thirty (30) calendar days following the end of each month may result in.the contract supplier
being found in default, in which case any and all reprocurement costs may be charged against the
defaulting contractor.
CONTRACT ADMINISTRATION
The contract resulting from. this Solicitation will become a public document. The State of Florida,.
Division of
Purchasing (DOP),'is using the, Florida Communities Network (FCN) on the Internet World Wide
Web (WWW)"to distribute contract, and product information to users of State Term Contracts.
Contract information includes certification, special conditions, and revisions. Product information
includes specifications, pricing, ordering information, and revisions.
The following components and activities will be required of each CONTRACT HOLDER unless
specifically exempted, in writing, by the. DOP:
INTERNET HOME PAGE:` Each CONTRACT HOLDER will be "
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STATE TERM CONTRACTjj REEMENT is Page 3 of 6
required to develop and maintain a Home Page on the Internet WWW. The
Home Page must be built and then maintained over the life of the State Term
Contract to be compatible with the most recent version of browser software
being used by the DOP. As of the writing of this Solicitation, Netscape
Navigator 2.0 is the DOP browser standard. The DOP intends to upgrade to
new browser versions as they become available and fully tested, at its
discretion.
Each CONTRACT HOLDER Home Page must include, at a minimum, text
based information about the products and/or services to be provided under
the contract that effectively describes the product or service. Though not
required at this time, it is highly recommended that graphics and/or audio
based information also be used.
Descriptions of products or services must be organized on the CONTRACT
HOLDER Home Page based on DOP Commodity Code. A separate
Universal Resource Locator (URL) must be provided for each DOP
Commodity Code.
The URL for the Home Page must be listed in the space provided on the
Ordering Instructions page of the bid.
PRICE LISTS: DOP, at its discretion, will allow the CONTRACT
HOLDER to configure its own PRICE LIST of all eligible offerings and to
post the prices on the CONTRACT HOLDER Home Page. However, price
changes must be reviewed and approved by the DOP Contract Administrator
before they can be posted to the CONTRACT HOLDER Home Page.
Price lists and revisions for the Home Page must be provided by the
CONTRACT HOLDER in American National Standard Code for
Information Interchange (ASCII) text format or as a Word For Windows
file. At the discretion of the DOP, price list and revision text or Word For
Windows files will be required to be sent electronically using E-MAIL,
and/or shipped by carrier using diskette, to the Contract Administrator.
Product and service pricing must be organized on the CONTRACT
HOLDER Home Page based on DOP Commodity Code. A separate
Universal Resource Locator (URL) must be provided for each DOP
Commodity Code.
Failure to submit the information required in this section may be grounds for disqualification of this
agreement and/or removal from any resulting 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 agreement, 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.
LIMITATION OF REMEDIES
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STATE TERM CONTRACT AfEMENT Page 4,of 6
The entire liability of the contractor and State's exclusive -remedy for damages from any cause related
to or arising out of this Agreement, regardless of the formof action, whether in contract or in tort,
will not exceed the greater of (a) $100,000 or (b) the charges paid to the contractor for the services .
which are the subject matter of or directly related to the causes of action asserted. This limitation of
liability will not apply to 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.
The contractor- shall hold and save State harmless for -any and all suits and judgments against the
State for personal injuryor damage to real or tangible. personal property caused by the contractor's
tortious conduct in the performance of this Agreement provided that, (a) State promptly notifies the
contractor in writing of any claims, and (b) the contractor shall be given the opportunity at its option
to participate in any related settlement negotiations and, provided further, that with respect to any
claim, or portion thereof, for which the contractor agrees at the initiation of such claim that the
contractor shall save and hold State harmless, the contractor shall have the sole control of the
defense,. trial and related settlement negotiations, and (c) State fully cooperates with the contractor in
the defense of claim. In no event, however, will the contractor be liable for (a) any damages caused
by State's failure to perform State's responsibility, or for (b) any lost profits or other consequential
damages, even if the contractor has been advised of the possibility of such damages, or (c) any claim
against State by any other party, except as provided in the hold -harmless provision of this paragraph.
PAYMENT
Charges for Information Technology Consulting Services will be invoiced as the services are
performed, or in accordance with a performance schedule established and agreed to between the
contracting parties. .
Payments will be made in accordance with Section 215.422, Florida Statutes, which delineates'
Contractor's rights and State's responsibilities concerning time allowances for payment of invoices
and applicable interest penalties. Invoices for travel and living expenses, if authorized. under
provisions of this agreement, shall be submitted in accordance with Section 112.061, Florida Statutes.
PRICE PROTECTION
The contractor's current list prices for Information Technology Consulting Services are attached to
this Agreement as Appendix B, Information Services Pricing. Charges for information technology
services will be at a discount off the contractor's then current list prices for. such services, provided
however, that the contractor's list prices for services under'this Agreement will not increase above
hose prices in Appendix B for one year after the effective date of this Agreement.
DELIVERABLES
Information Technology Consulting Services supplied by the contractor under this Agreement are
provided to assist the .State. When specific services are required, the contracting agency will be
responsible for preparing a statement of work/requirements for submission to. the contractor and
negotiating a contract which should include at a minimum: specific deliverables, personnel assigned,
time period commitments and costs.
CHANGES IN PERSONNEL
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STATE TERM CONTRACT Page 5 of 6
The contractor may assign, reassign and substitute personnel at any time. In the event it becomes
necessary for the contractor to substitute key personnel, such substitution will take place in
consultation with the State and will be made upon the State's prior approval, which will not be
unreasonably withheld.
DEFAULT
The following paragraph is added to Paragraph 10 Default of the General Conditions:
The State shall give ten (10) days prior written notice of intent to terminate the Agreement under this
paragraph, which notice shall specify such default or failure in such detail to allow the Contractor the
opportunity to cure such default, The Contractor shall have twenty (20) days from its receipt of such
notice to remedy such default. If the breach or default is not remedied during such cure period, the
termination will become effective and the Contractor shall be liable for damages, except as may be
limited by other provisions of the Agreement.
ASSIGNMENT
Paragraph 13 of the General Conditions is amended to add the following:
Notwithstanding the foregoing, the contractor may assign the right to receive payments under this
Agreement with the State's prior written consent, which shall not be unreasonably withheld. Any
such assignment, however will not change the obligations of the contractor to the State.
WARRANTIES
Information Technology Consulting Services will be performed by the contractor in a professional
and workmanlike manner. Except as expressly stated in this Agreement, there are no warranties,
expressed or implied. THE CONTRACTOR DISCLAIMS ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CONTRACTOR
WARRANTIES EXTEND SOLELY TO THE STATE.
OTHER CUSTOMERS
The contractor may provide the same or similar services and/or materials to other customers.
INTELLECTUAL PROPERTY
Any ideas, concepts, know-how, data processing techniques, software, documentation, diagrams,
schematics or blueprints developed exclusively by contractor personnel in connection with
Information Technology Consulting Services provided to State will be the exclusive property of the
contractor. Any joint or future software development effort will be subject to a separate agreement
signed by State 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 State
or the contractor, respectively. Nothing in this Agreement shall affect in any way the contractor's
ownership of all right, title and interest in and to any existing contractor's system software,
application software, routines, techniques, ideas or formulae which may be utilized in whole or in
part by the contractor in performing services for State, or any modifications, enhancements or
derivative works thereof, which shall remain solely the property of the contractor.
TRAVEL EXPENSES AND WORK TIME
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STATE TERM CONTRACTA,REEMENT Page 6 of 6
Travel expenses will be paid pursuant to the provisions of Section 112.061, Florida Statutes.
Services will be provided Monday through Friday, excluding holidays, during the normal work hours
of the client's office.
YEAR 2000 COMPLIANCE WARRANTY
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 (including, but not
limited to, calculating, compang, 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 breachof 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 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.
APPENDIX TO AGREEMENT
The following listed appendices to this agreement is attached hereto and incorporated by reference
into this Agreement.
Appendix A Information Services. Portfolio
Appendix B Information Services Pricing
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Appendix A 0 Page 1 of 1
Appendix A
These information technology services may include the following: consulting, special studies,
programming, application design and development, systems analysis, design and support, and
supervision of systems design or application development. Services provided on an hourly basis have
a 4 hour minimum charge. The specific activities to be provided by Compaq under this section may
be detailed in a Statement of Work, Task Order, or Service Description submitted by the ordering
agency with the delivery order.
Subject to mutual agreement, these services may be performed at either State of Florida or Compaq
facilities. Charges for these services will be invoiced on the first day of the month following the
performance of the service, or in accordance with an agreed to payment schedule. Pay schedules will
remain the same for one year from the date of the contract.
In -town rates refer to services performed by local resources. Out of town rates refer to services
performed by individuals who have to travel more than 50 miles to point of delivery. On a case by
case basis, the State of Florida or Compaq may choose to use in -town rates plus travel expenses for
out of town service delivery.
http://fcn.state.fl.us/st—contracts/97350501 1/specs.htin 8/17/00
AWARD TINDER STATE OF FLORIDA
CONTRACT NO. 973-505-01-1
ITEM: Technical Support
DEPARTMENT: ITD
TYPE OF PURCHASE: Short-term
REASON: The Department of Information Technology has a
need to procure technical support for Microsoft
Office automation software, Microsoft Window,
and Microsoft Software Development software.
RECOMMENDATION: It is recommended that the purchase of technical
support from Compaq Corporation, under existing
State of Florida Contract No. 973-505-01-1,
effective through July 14, 2001, subject to any
extensions thereto by the State of Florida, at an
annual cost of $14,496 for 25 incidents, with the
option to purchase additional incidents, in blocks of
10, for $2,500, for a total annual cost not to exceed
$40,000, for the Department of Information
Technology; allocating funds therefore from
General Fund Account Codes 001000.460101.6.270
and 001000.460101.6.670.
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