HomeMy WebLinkAboutcontractContract for Information Technology Consulting Services
THIS CONTRACT FOR SERVICES, # 973-504-03-1, by and between the State of
Florida, Department of Management Services, (herein referred to as the "Department"), 4050
Esplanade Way, Tallahassee, FL 32399, and International Business Machines Corporation
(herein referred to as "Contractor"), 101 North Monroe Street, Suite 750, Tallahassee, FL 32301,
a New York 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 # 973-504
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.
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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 1st 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
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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 is 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.
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Department Contractor
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 shill 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
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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
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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
individualacting 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
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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
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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, Ietters, or other
material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
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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 carry 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 &eater.
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
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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
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Department Contractor
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
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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:
Brian Remington
IBM Corporation
101 North Monroe Street, Suite 750
Tallahassee, FL 32301
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
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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.
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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
Contractorreceives 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 Sevcrability 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.
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2.30 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, IL) 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 Del Hicks 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
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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.
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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.
IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed,
on the dates shown below their respective names.
"DEPARTMENT"
1674A4hrr
Signature
Print name: Me1f SSA IZebOSO O'b1l 3 e.lcl
Title:Dcpudl NO dors e r rM�la 1 n
Date: qj +10 2-
Approved as to form and legality by
the Department General Counsel's Office
Print name: r11 u11,vs
Date: A
"CONTRACTOR"
Sign ture
Print name: AA\ Cr • iZ . ,.,".<-�-0 til
Title: G.-4 r
Date: IU ji-
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Exhibit "A" — Portfolio of Services
IBM Corporation
Introduction
The information services contained in this proposal are consulting services offered by IBM and
its wholly owned subsidiaries. IBM offers a broad range of consulting services through
experienced professionals who consult with a variety of clients on issues crucial to every tier of
their organization. The consulting services offered by IBM are grouped into two major categories
Management Consulting and Information Technology Implementation Consulting.
Management Consulting
IBM management consultants can help redesign core business processes and translate these new
designs into powerful, flexible and integrated information systems strategies. Whether it is an
initial assessment/problem definition, full scale reengineering, organizational change issues or
UT strategy, IBM consultants are ready to conduct analyses to uncover basic issues that could be
impeding success, prioritize recommendations, and help develop and manage implementation
plans through an industry -proven project management methodology.
The following is a sample of services offered by IBM's Management Consulting:
• Business Strategy Development
• Business Strategy/IT Alignment
• Business Process Analysis and Re -engineering
• Process Design and Management
• Organizational Change Management
• Information Technology Management Effectiveness Assessments
• Commercial -Off -the -Shelf (COTS) Application Selection
• Information Technology Strategic and Tactical Planning
• Information Security and Privacy Consulting
• Project Management Services
• Homeland Security
Information Technology Implementation Consulting
IBM Information Systems (UT) consultants concentrate on technology -based issues, guiding
clients to fully exploit innovative strategies and technologies. IBM UT consultants have
experience in areas such as UT planning and assessment, networking, workflow, application
solutions, legacy transformation, client/server, image -enabling, system security and recovery,
availability management, end user support, integrated desktop, object -oriented technology, and
information systems management to name several areas of importance.
The following is a sample of services offered by IBM Information Technology (UT)
Implementation consultants:
• Application Solution
• Business Process Re -engineering
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• Systems Integration
• Client/Server
• Networking
• Workflow
• System/Enterprise data
• Information Systems Management
• Information Systems Security
• Business Continuity and Recovery
• I/S Availability Management
• Application Hosting Services
• Systems Operational Services
• Customized Operational Services
• Data Center: Planning, Design and Data Construction Services
• Relocation Services
• Migration Services
• Technical Support Services
• Lotus Professional Services
• Education and Training
Application Solutions Consulting
Application Solutions consultants includes those individuals who create and modify custom
computer software systems as well as Commercial Off the Shelf (COTS) software applications
such as:
• ERP Applications
• CRM Applications
• Business Intelligence and Data Mining Applications
IBM Application Solution consultants can help clients design, implement and manage
applications and data targeted to their exact needs using IBM's data management and data
warehousing skills, together with leading -edge application development techniques,
methodologies and experience with industry specific COTS software applications.
Individuals within the Application Solutions discipline have a broad mixture of business,
technical and personal skills, including a fundamental understanding of business processes,
mastery of application development tools and methodologies, solid knowledge of applicable
technologies and architectures, and experience in the project management disciplines of
estimating, planning and tracking the development effort.
Client/Server Consulting
The Client/Server discipline addresses the business focus for our clients' need to integrate
applications in a multi -database, multi -operating system, multi- network, multi -protocol, multi -
platform, and multi- vendor environment. To do this effectively, IBM Client/Server consultants
are knowledgeable in the wide variety of applications, databases, networks, and platforms that
are available. They have an awareness of the Life Cycle impact of integrating complex
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applications as described above including the utilization of CASE, appropriate methodologies,
and other tools as required. The Client/Server consultant has an awareness of the business needs
that drive the client's requirements and the industry's trends and an ability to satisfy those
requirements. Also, IBM Client/Server consultants are able to apply new and existing
technologies in an integrated manner to satisfy the client's business problem utilizing
organization, consulting, and management skills as appropriate. Areas of expertise include, but
are not limited to, the following:
• Distributed Application Development
• Distributed Database
• Networking in a Client/Server Environment
• Distributed Systems Management
• Middleware
• OSF Distributed Computing Environment (DCE) and experience using DCE services
• Knowledge of distributed transaction processing
Networking Consulting
IBM Networking consultants respond to clients' increasing needs for networking assistance to
design, implement and manage networks that accommodate their growth plans and satisfy end -
user requirements. At the same time, clients seek assurance that they are taking advantage of
current technology and are minimizing the risk of their investment dollars by being in a good
position to utilize emerging technologies. IBM Networking consultants address a variety of
client concerns, such as network security and the ability to manage a growing or changing multi -
vendor network while maintaining cost-effective end -user service level agreements for network
availability and response time.
Workflow Consulting
IBM's Workflow consultants are uniquely skilled to help clients assess the feasibility of image in
their organizations, analyze and redesign their workflow processes, and manage the
implementation and integration of image systems. IBM uses a logical step-by-step methodology
developed and proven through hundreds of successful projects. IBM's Workflow consultants
use a modular, structured approach which is cost effective and follows clearly defined phases:
• Business Opportunity Assessment
• Workflow Analysis and redesign
• Image justification and implementation planning
• Solution design
• Systems integration and implementation
• Education and training
• Post implementation support
Systems/Enterprise Data Consulting
The Systems/Enterprise Data (S/ED) consultant focuses on database systems, transactions
subsystems, operating systems and their interfaces and interactions. The S/ED consultant
typically provides the technical systems integration expertise and ensures that the operating
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systems, database systems and transactions subsystems work together effectively and efficiently.
The S/ED consultant has a breadth of knowledge in multiple systems programming and/or
platform competencies. The S/ED consultant is capable of performing, defining or reviewing the
work or managing/advising on
• In-depth systems programming activities for multiple server operating systems, database
systems or transaction systems with an understanding of their systems interface and
interactions.
o Leadership in planning and implementing multiple complex subsystems and/or
operating systems installations, conversions or migrations involving the
following: Product/Systems configuration, generation, installation and
customization
o Performance measurement, analysis and tuning
o Detailed capacity planning using modeling techniques
o System, application and database backup and recovery procedures defined and
implemented
o Problem determination and critical situation resolution from a systems -wide
perspective
o Database structure, placement and design issues relative to data management
• Systems design, integration and connectivity projects involving many of the following:
o Unique customer requirements
o OEM software and hardware products
o Subsystem requirements for Network interface and operations
o Client/Server or Distributed environments
o Other IBM software subsystems and advanced hardware products
Information Systems Management Consulting
The Systems Management consultants respond to clients' increasing need for assistance in the
broad area of Systems Management. IBM System Management consultants are knowledgeable in
areas of Systems Management including:
• Performance Management
• Operations Management
• Problem Management
• Change Management
• Configuration Management
• Capacity Planning
• Disaster Recovery Planning
• Business Management
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Information Systems Security
IBM's Security and Privacy Consultants specifically help clients become aware of the privacy
and security implications for their business, as well as plan and execute responsible practices that
meet emerging Law Enforcement and Health Agency (HIPAA) worldwide standards for
managing individually identifiable information.
IBM security consultants can assess, plan, design and manage for all platforms and environments
including IBM's technologies and applications. The advantage that IBM brings to security is
end -to -end skills and expertise in a marketplace known for its fragmentation. The security
solutions that IBM has available to support enhanced security pursuant to worldwide standards
are second to none and can help avoid difficult interoperability issues. IBM couples health care
and security expertise to aggregate the critical consulting skills then brings together the needed
components for a secure environment, including administrative and technical solutions.
Business Continuity and Recovery Consultant Services
In today's distributed, multi- vendor, information -centric world, disruptions to an agency's flow
of information can be devastating. IBM's Business Continuity and Recovery Services (BCRS)
can help clients sift through the layers of complexity in their IT infrastructure and provide a fail-
safe continuity plan and implementation to whatever degree of completeness is desired. IBM is a
full service business continuity provider, IBM's Business Continuity and Recovery Services help
clients address their most pressing business continuity challenges by offering:
• Services to help clients assess / improve the Recoverability of their IT Infrastructure
o Recoverability Assessment
o Recovery Strategy Definition
o Recovery Plan Development
o Recovery Process and Procedures Design
• Services to help assess the Impact of a Disruption on Critical Business Processes
o Risk Management Analysis
o Business Impact Analysis
o Crisis Management Services
In addition to the Continuity Consulting Services described above, IBM will, upon request,
provide State of Florida customers a Statement of Work that will deliver all the recovery options
an agency needs to protect their technology infrastructure. These services, with a fee and
structure to be negotiated, could include:
• Continuity Services operated and managed for clients by IBM
o Total Continuity Program Management
• Backup & Recovery Options for Multi -Vendor Information Technology
o Recovery Options for Multi -Vendor Technology
o Recovery Options for IBM Technology
o Recovery Options for Networks
o Recovery Options for Workplace Environments
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• Services designed to protect Critical Business Processes
o Continuity and Security Services for e-business
o Enterprise Resource Planning Continuity Services
o Call Center Continuity Services
o Application Continuity Services
Information System Availability Management Consulting
I/S Availability Management consultants ensure that plans and strategies are in place to address
complex systems needs within an enterprise, and includes information systems services, client
environment, client operations, hardware/software/network configuration and change
management that contributes to application availability. The primary responsibility is to ensure
that the client's systems availability goals are met. These goals will be accomplished with a high
degree of analytical ability and creativity in the development and implementation of plans and
solutions to client requirements and problems.
Application Hosting Services
When a cost-effective alternative to managing IT operations in- house is needed, IBM and its
Hosting Partners provide state-of-the-art data center facilities designed to support mission -
critical applications. IBM's Application Hosting Service offers the follows options:
• Data center facilities with floor space configured to meet requirements
• A customer -friendly work environment with individual workstations, and equipment
staging area and respite facilities.
• Customer -selected committed and burstable bandwith rates from 1 Mbps to 1 Gbps — to
meet continually changing traffic needs
• Around -the -clock monitoring of hosted applications system and network connectivity
• Optional and customized management services that can be purchased "a la carte" from
across IBM's extensive services portfolio
• Planned support for anticipated growth
• Rapid implementation — space can be ready for occupancy from three — five business
days after contract
IBM hosts a variety of e-business applications for government and educational entities. These
applications can be purchased in subscriptions or other predetermined payment contracts.
Applications currently available include:
• Critical Infrastructure Management System (CIMS), a data mapping system for every
state, county and city detailed to the street level. CIMS is distinguished by its extensive
and creative use of digital multi -color mapping and charting of multiple databases
customized to provide executive information capability for a variety of government,
business, economic, and political organizations.
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• E Team, an enterprise incident management system allows governmental agencies, inter-
agency task forces, corporations and civic organizations to make critical decisions at the
right time based on the right information. E Team's Virtual Command Center enables
organizations to plan, mitigate, train and ultimately to deliver coordinated responses
bated on real-time and historical information. The E Team system allows web -connected
users to share a common operational picture in the form of standardized summaries,
reports, requests, directives and annotated maps. The same system can be used to
coordinate preparedness training and exercises, which can be used for Homeland Security
or Incident Management.
• Surveillance, Monitoring and Real -Time EventsTM (SMARTE), offered by
Metatomix, is a total solution enabling real-time integration, analysis, and visualization of
data from disparate information systems for a full range of events, from routine to
disaster. This software solution enables interagency knowledge and information
exchange required for homeland security, public safety and public health applications,
among others. SMARTE can immediately improve routine surveillance, early detection,
and disaster/mass casualty response by:
o Integrating existing information and surveillance systems
o Applying automated pattern investigation and analytical capabilities
o Providing real-time, secure, customizable web -based reporting and visualization
of critical information
System Operational Services Consulting
The System Operational Services (SOS) consultant focuses on customers' growing needs to
resolve issues in a complex multi- vendor, multi -platform system environment.
The System Operational Services (SOS) consultant will provide system support services for post -
install activities as required. With expertise in systems support, the System Operational Services
(SOS) consultant possesses in-depth knowledge in providing operational services in systems
hardware, software and communications. The combination of these skills provides clients with
acknowledged expert operational system services to satisfy their requirements in the areas of
system implementation, operations, systems level maintenance, networking in an IBM and
mixed -vendor environment. Through a comprehensive understanding of systems operational
disciplines and techniques, the System Operational Services (SOS) consultant is able to advise
the client in the effective operation of increasingly complex and diverse I/S solutions.
The System Operational Services (SOS) consultant can perform many assigned technical tasks
such as:
• Installation/Migration
• Security Services
• Backup and Recovery
a Performance and Tuning
• Operations and Operational Readiness
• , Connectivity Services
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Customized Operational Services Consulting
The Customized Operational Services (COS) consultant focuses on providing technical advice
and guidance and systems integration expertise on all aspects of the physical plant
(infrastructure) and facilities required for proper operation of data communication products and
associated peripheral equipment.
The Customized Operational Services (COS) consultant can prepare or provide technical advice
and input to clients for the connectivity and network portion of major products. This includes
cabling installation procedures, qualification statements and other physical plant -related
documentation.
In addition, the Customized Operational Services (COS) consultant can coordinate the design
effort for feasibility studies and physical designs/layouts for cable plant applications and network
services. These designs include conduct systems, outside plant systems, building backbone
systems, horizontal systems, telecommunication closets and multi- media office automation
systems (i.e,, copper cable, fiber optic cable, wireless, microwave, etc.). As a Systems Integrator,
the Customized Operational Services (COS) consultant can perform site surveys to determine
cable applications, route selections, conduit requirements, power requirements and
telecommunication closet layouts as well as perform all aspects of equipment and cabling
installation with the assistance of subcontractors as needed.
The Customized Operational Services (COS) consultant can prepare or provide technical advice
and information for the facility equipment and environmental requirements. This includes
technical equipment specifications; description of the proposed facility environment; one- line
drawings and/or schematic diagrams; and other physical plant -related documentation.
Data Center: Planning, Design and Data Construction Services:
• Planning Services: Provides a five- year growth model for current and future data
processing needs and likely technology evolution. A full evaluation report is developed
outlining electrical, mechanical, and space requirements, along with equipment layouts,
cost estimates, and proposed construction schedules.
• Deslign: Manage the design of new client facilities, contracting with independent
architects to perform design services. From the approved concept documents, working
drawings are prepared setting forth detailed specifications for the overall project.
• Construction Services: Provide single point of contact project management through all
phases of construction, securing all vendor guarantees, instructions, certificates of
inspection, drawings, etc.
Relocation Services:
• Planning & Management: provides an overall relocation plan, risk assessment,
contingency plans, schedules, and hardware plans;
• Mover Services: provides for logistic coordination, special rigging requirements,
transportation, interim storage, and delivery;
• Hardware Services: provides equipment pack -up, rearrangement, installation, and testing
of IBM and selected non -IBM information processing equipment;
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• Site Readiness: provides services associated with preparing the installation site for power,
air conditioning, chilled water, floor cutouts, and more.
Migration Services:
• Storage Migration: planning and implementing new storage media;
• Software Conversion: converting operating systems and applications to new versions;
• Data Conversion: converting old data to new formats.
Technical Support Services
Technical support services provide hardware and diagnostics and maintenance repair for IBM
and non -IBM systems. These support services can be provided on -site or remotely through a
depot repair center.
Lotus Professional Services
IBM's Lotus Professional Services consultants specialize in high value, high impact solutions
that deliver major business results. Our philosophy is that client needs —and not technology ---
must drive every solution. With that in mind, we start with a clear understanding of a client's
strategy, goals and environment.
Two unique tools are integral to the success of our consulting services. The Lotus Solutions
Framework accurately maps and aligns business needs with the right technology solution. To
make sure the results delivered are repeatable and quantifiable, the Accelerated Value Method
supports our efforts to transfer skills to clients and to document best practices.
Lotus Professional Services' consulting offerings help leverage clients' investment in Lotus
technology, and build a flexible, extendible infrastructure.
• Workflow and messaging -based solutions: We custom develop Notes / Domino solutions
that utilize workflow and messaging components, including ERP solutions. Rules,
routing, notification, and field security are some of the valuable elements found in these
solutions.
• Messaging: We offer complete assessment, deployment and transition services for
cc:Mail, Office Vision and other e-mail users migrating to Lotus Notes / Domino.
• Notts /Domino infrastructure planning: For customers choosing Notes / Domino
rollout, planning the right infrastructure is a critical decision. Expert guidance is
provided, often as part of a migration project.
• Net architecture design: This offering provides planning services for infrastructure and
architecture to ensure it is easy to rollout new solutions / applications. Over and above
Notes / Domino, I -Net can also include internet, intranet and extranet design.
• Legacy & ERP systems integration: Our service integrates Lotus Notes / Domino
environments with ERP and Legacy systems like SAP, PeopleSoft, Oracle and DB2. We
workflow -enable the centralized systems to make them more distributed, and to include
workflow in business systems approval processes like purchasing and employee
information.
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• Transformation management planning: Transformation Management TM helps ensure
that new roles and responsibilities, routines, compensation, rewards and other factors are
addressed within organizations during the transition that occurs during migration.
• Vertical solutions development: We have built industry -specific solutions and
applications to suit clients' particular environment.
Specialized services packages can be designed to help clients get the maximum benefit from
their Notes / Domino environment. These include:
• Knowledge Management: Five different knowledge management service offerings are
available. These offerings enable an organization to identify high- value Knowledge
Management solution opportunities, and then build a business case for the pilot and
ultimate delivery of a knowledge -based initiative.
• Infrastructure assessment to maximize ROI.• Infrastructure assessment is the first stage of
infrastructure planning. After a validation of the current environment, clients are armed
with the information needed to decide if and how to move forward with the planning
process.
• Web application development; A wide range of Web applications can be expertly
developed: from creating applications via a Web browser to creating a private intranet /
extranet or developing an interactive Web site.
• Edycation and Training: IBM Learning Services consultants can help perform
assessments of customer education and training needs and develop plans to meet those
needs. These customized training plans can consist of:
o Traditional Training courses
o e-Learning courses
o Web lectures
o Customized content development
o Packaged training courses
o Certification courses
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Exhibit "B" — Labor Categories/Rates Schedule
IBM Corporation
The level of management consultants deployed by ISM varies based on the specific needs of the
client. A description of each level of consultant is as follows:
Service Executives, including Principals, Executive Consultants, and Project
Executives are responsible for directing multiple major consulting engagements or
portions of consulting engagements within a defined geography, industry, and/or area of
expertise. Service Executives focus on "big picture" items and define, lead and influence
activities of various task groups that are led by lower -level Consultants and Project
Managers. They are self -directed, independent, and acts as a mentor to less experienced
Consultants and Project Managers.
o Principals and Executive Consultants work with client organizations to help
them understand and take the best advantage of enterprise -wide business,
organizational, functional and information technology strategies. They ensure
that lower -lower level consultants continue to address the needs of the client
and are consistent with the scope of the consulting engagement, and within
time and budget constraints. They make critical judgments regarding staffing,
scheduling, and other factors which impact client satisfaction and engagement
success.
o The Project Executive provides overall direction to the formulation,
development, implementation and delivery of solutions and production
operations for very large projects where the team is typically engaged in very
complex tasks. He or she exercises management responsibility over the
achievement of contract objectives and provides direction to IBM,
subcontractor and client personnel. The Project Executive creates a structure
and organization for the management of a very Iarge, complex environment
with emphasis on quality, productivity and consistency.
Services Management, including Senior Consultants and Senior Project Managers, is
responsible for direction of solutions, production operations, and work products for large
projects, typically involving very complex tasks, and for overall leadership of medium -
size consulting engagements. Services Management provides frequent communications
to Service Executives regarding progress of the consulting engagement as well as
assessing alternatives regarding critical judgments and substantive issues relative to the
engagement. Senior Consultants and Senior Project Managers are self -directed,
independent, and act as mentors to less experienced consultants and project managers.
o The Senior Consultant is responsible for producing work products that
support a major consulting engagement as well as leading and directing
medium sized consulting engagements. He or she works with client
organizations to help them understand and take the best advantage of
enterprise -wide business, organizational, functional and information
technology strategies.
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o The Senior Project Manager provides overall direction to the formulation,
development, implementation and delivery of solutions and production
operations for large projects where the team is typically engaged in very
complex tasks. He or she manages a multiple level organization as required,
exercises management responsibility over the achievement of contract
objectives, and provides direction to IBM, subcontractor and client personnel.
The Senior Project Manager creates a structure and organization for the
management of a large, complex environment with emphasis on quality,
productivity and consistency.
Services Leadership, including Consultants and Project Leaders, is responsible for
direction of solutions, production operations, and work products for small projects and
definable portions of larger projects. Consultants and Project leaders provide frequent
communications to higher level consultants and project management to ensure that the
needs of the client are being addressed as well as provides recommendations regarding
critical judgments and substantive issues relative to the engagement. On a day-to-day
basis the Consultant or Project Leader will be the primary point of contact with client
technical leader and project leader personnel.
o The Consultant is responsible for producing work products that support a
major consulting engagement and for leading and directing small consulting
engagements. He or she works with client organizations to help them
understand and take the best advantage of enterprise -wide business,
organizational, functional and information technology strategies.
o The Project Leader is a non -management billable position with responsibility
for leading a team on either a small project or a definable segment of a larger
project with well defined tasks. The Project Leader is a working member and
day-to-day coordinator of a project team with many assigned tasks. He or she
is responsible for the allocation of tasks among the team members and for the
team's performance against project plans, objectives, standards, and
guidelines and monitors progress, recognize and help to resolve technical
problems. Project management tasks are part of the job.
The. Associate Consultant is responsible for producing or assisting with the production
of work products that support the overall consulting engagement under the direction of a
higher level consultant. The Associate Consultant, under the direction of a higher level
consultant, works with client organizations to help them understand and take the best
advantage of enterprise -wide business, organizational, functional and information
technology strategies.
The level of Information Systems (UT) Consultants deployed by IBM varies based on the
specific needs of the client. A description of each level of consultant is as follows:
The Senior I/T Specialist has a high degree of analytical ability and creativity for developing
and implementing plans and solution deliverables to customer problems on large projects. This
position is directed towards activities that are primarily single process or platform, using
current/known technologies. The Senior r UT Specialist is able to provide expert technical advice
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to project managers/leaders as well as give technical direction to team members, including IBM,
subcontractors, or client personnel. This individual will also balance technical work assignments
and team member's technical skills and provide technical guidance to newer or less experienced
team personnel. As a leader or key member of a team, or working independently, the Senior I/T
Specialist will perform many assigned technical tasks including study, technical marketing
support, analysis, design, programming, product installations and system implementation. This
individual has very in-depth product, technology, industry or services -related specialized skills
and will be a strong team leader engaged in application development, conversion, customized
operational services, systems operations, system integration, networking, or education projects.
The Senior I/T Architect is responsible for translating the client's business requirements into
specific system, application or process designs. This includes working with client personnel and
executives to identify functional requirements and subsequently working with and leading others
in the identification, justification and design of the client's solution. The Senior I/T Architect is
responsible for a wide range of design activities from requirements analysis through systems,
application and/or process design specification. The position requires significant knowledge
across multiple platforms, processes or architectures, as well as broad knowledge of new
technologies, and will include directing the design efforts of less experienced architects. The
Senior I/T Architect analyzes new and complex situations. Selects, tailors and applies formal
requirements, design and development methodologies to analyze customer needs and develop
requirements for IBM software solutions. Evaluates potential solution elements using a formal
methodology and selects most appropriate elements. Assesses business and technical impact of
solutions. Leads the implementation of solution or provides expert guidance to the solution
implementation team. Identifies development methodology and supporting tools.
The I/T Specialist is able to provide analytical ability and creativity in developing and
implementing plans and solution deliverables to customer problems for medium-sized projects.
The I/T Specialist is able to provide technical advice to project managers/leaders as well as give
technical direction to team members, including IBM, subcontractors, or client personnel. On
limited occasions, this individual will assist in the balancing of technical work assignments, team
members' technical skills and engagement risk. They will also provide technical guidance to
newer or less experienced team personnel. As a member of a team, or working independently,
the I/T Specialist will perform many assigned technical tasks including study, analysis, design,
programming, product installations and system implementation. This individual has product,
technology, industry or services -related specialized skills to be a strong team member and, on
limited occasions, a team leader engaged in application development, conversion, customized
operational services, systems operations, systems integration, networking, or education projects.
The I/T Architect participates in translation of the client's business requirements into specific
system, application or process designs. This includes working as a team member with client
personnel to identify functional requirements and subsequently working with or in some
instances leading others in the identification, justification and design of the client's solution. The
I/T Architect participates in a wide range of design activities, from requirements analysis through
systems, application and/or process design specification. This position requires knowledge across
multiple platforms, processes or architectures. Conducts analysis, problem -solving and
evaluation activities on special topics related to project objectives. Defines and determines
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solution design objectives related to the project. May lead and guide the efforts of others in these
areas. Provides technical guidance to implementation team members throughout the project
lifecycle. May lead implementation in a small project or be responsible for subsystem
implementation in a large project.
The Associate I/T Specialist provides analytical ability and creativity in developing and
implementing plans and solution deliverables to customer problems for small to medium
projects. The Associate UT Specialist, on occasion, provides technical advice to project
managers/leaders and can give some technical direction to team members, such as subcontractors
or client personnel. As a member of a team, the Associate UT Specialist will perform many
assigned technical tasks including study, analysis, design, programming, product installations
and system implementation. This individual has product, technology, industry or services -related
specialized skills in order to be a team member engaged in application development, conversion,
customized operational services, systems operations, systems integration, networking, or
education projects.
The Assistant I/T Specialist provides analytical ability and creativity to assist in developing and
implementing plans and solution deliverables to customer problems for small to medium
projects. As a member of a team, the Assistant FT Specialist will perform many assigned
technical tasks including study, analysis, design, programming, product installations and system
implementation. This individual has product, technology, industry or services -related specialized
skills in order to be a team member engaged in application development, conversion, customized
operational services, systems operations, systems integration, networking, or education projects.
Note: The consultant levels listed above will be utilized to deliver the requested consulting
services. Each consultant level will possess expertise in one or more Information Technology
consulting disciplines
The following discounted rate table is derived from the IBM base rate for each tier and category.
A separate'scope of services will be developed for each project.
Rate
Tier
Services Professionals
Function
Minimum
Hours
Standard
Hourly
Rate
Florida
Discounted
Hourly
Rate
without
Travel
Florida
Discounted
Hourly
Rate with
Travel
Included
1
Services Executives
Prgj ect Executive
Executive Consultant
Principal
Lotus Senior Manager/
System Architect
Certified BRS Specialist
4
$455
$332
$382
2
Services Management
Senior Project Leader
Senior Project Manager
4
$350
$248
$285
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Senior Consultant
Senior UT Architect
Senior UT Specialist
Lotus Project Manager
Senior BRS Specialist
3
Services Leaders
Project Leader
Consultant
UT Architect
I/T Specialist
Lotus Consultant
BRS Specialist
4
$270
$218
$251
4
Services Associates
Associate Consultant
Associate UT Architect
Associate I/T Specialist
Lotus Associate Consultant
Associate BRS Specialist
4
$215
$156
$179
5
Assistant I/T Specialist
4
$200
$123
$141
Services will be provided based on the above hourly rates or through other predetermined
payment plans. Hours will be estimated for the solution and IBM will perform the services until
the agreed upon criteria have been met. Payments for fixed price solutions will be based on
deliverables/ milestones agreed to by the agency and IBM.
CIMS Annual Subscription Services Pricing
Number of
Users
Price with
Florida Data
Layers Only
Price with Florida,
Georgia, and Alabama
Data Layers
1 to 25
$35,000
$52,500
26 to 50
$65,000
$97,500
51 to 100
$120,000
$180,000
101 to 250
$285,000
$427,500
251 to 500
$500,000
$750,000
501 to 750
$667,500
$1,001,250
751 to 1,000
$800,000
$1,200,000
1,000 to 1,500
$1,125,000
$1,687,500
1,501 to 2,000
$1,350,000
$2,025,000
2,001 to 2,500
$1,500,000
$2,250,000
2,501 to 5,000
$2,475,000
$3,712,500
o Subscriptions purchased after six (6) months receive a 10% discount.
o Prices apply to:
■ Critical Infrastructure Management System (CIMS)
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• Regional Crime Analysis Tool (RCAT)
• Emergency Management and Reporting System (EMRS)
E-Team Annual Subscription Services Pricing
Base License, Self -hosted (without Lotus Domino)
# of
users
Software
License
Std.
Discount
Software Net of
Discount.
Installation &
Training
Total
Package
10
$19,000
5%
$18,050
$5,000
$23,050
25
$47,500
10%
$42,750
$7,500
$50,250
Over 25
$1,900 per
user
10%
Based on #
users
$5,000 + $150
per user
Based on #
users
31-50
$1,900 per
user
12%
Based on #
users
$5,000 + $150
per user
Based on #
users
51-75
$1,900 per
user
15%
Based on #
users
$5,000 + $150
per user
Based on #
users
76-100
$1,900 per
user
18%
Based on #
users
$5,000 + $150
per user
Based on #
users
> 100
Software and Services are negotiated
o Upgrade Pack for Self Host: $9,500.
o (Minimum purchase of 5 users, must purchase in user blocks of 5)
o MAINTENANCE; 19.5% of list software price (list is net of standard volume
discounts)
o REDUNDANCY OPTION; $5,000 plus $100 per user annual fee
o SURGE OPTION; annual fee of $633 per user
o MAP Options: On request
o Notes:
1. Redundancy Option allows an organization to back-up E-Team
system to E-Team ASP site so that in the event of a disaster a complete
operational systems can be available to an organization.
2. The Surge Option allows an organization to increase the number of
users on an E Team in the event of an incident or for an exercise, allowing
a user may automatically increase the number of users designated. These
Surge users can remain active, without any additional charges, for a period
of 3 months in the event of an incident or can be activated for three (3)
exercises within a 12 month period.
ASP Web Hosted
Annual Fee Per User One-time set-up Fee
With one map per user
$786
$5,000
o REDUNDANCY OPTION; annual fee of $5,000 plus $100 per user
o SURGE OPTION; annual fee of $400 per user
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# of
ASP Installation & Training Fee
users Installation& Training
10
$5,000
11
- 25
$7,500
Over 25
$5,000 base fee+ $150 per user
SMARTE Subscription Pricing
Base Product System (4 CPUs):
Cost
The Hologram Store
incl.
Metatomix Platform Software
incl,
Visibility Dashboard -- 1 Role Based Version
incl.
Metatomix Service Interfaces -- 1 Data Source
incl.
Standard Support
incl.
License Period
2 Year
Total System Price
$125,000
Incremental Costs:
Cost
Web -based Access Per User
$3,000
Dashboards:
-- Customized Version
$25,000*
-- Per Team/Site
$25,000
Additional Service Interfaces:
-- Per Data Source
$25,000
Support Upgrade Options - see below:
Custom Engineering - Standard
$1500/day
Custom Engineering - Architect
$1750/day
General Contracting
SOW
Data/Threshold Analysis
SOW
*Estimated prices. Actual prices to be defined based on defined and agreed upon
system requirements
Additional Requirements:
• 1 Server (HW)
• Quad CPU, 900Mhz Xeon (or higher)
• 4GB RAM
• 4 SCSI Hard Drives (19GB each, RAID)
• SCSI RAID Controller
• 24X CDROM
• Floppy Disk Drive
• Dual 100MB Fast Ethernet Controller
• Keyboard
• Mouse
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• Windows 2000 Server
• DB2 License(s)
Standard Support: Included
• incremental upgrades (to the right of the decimal)
• support 9am-9pm EST, Mon. - Fri.
• 4 hour response time
Extended Support: 25% of total system price
• all upgrades and revisions
• support 24x7
• 1 hour response time
General:
The following conditions apply to all services incorporated in this proposal:
IBM will provide Interactive Voice Response and other Help Desk type services in accordance
with the "Special Condition" entitled "Katz Patent" of State Term Contract # 252-008-99-1
(IBM Software, Upgrades) effective 7/1/02 which is incorporated by reference into this
Addendum.
Services will be provided Monday through Friday, excluding holidays, during the normal work
hours of the responsible district office at the Standard hourly charge per person.
All local travel time, to and from the client's location will be included in the calculation of hours
worked and resultant total charges for Services.
For engagements where travel and living expenses are not included in the hourly rate, these
expenses, other than local travel expenses, will be charged at actual cost, subject to the
limitations of Florida Statute 112.061, Per Diem and Travel Expenses of Public Officers,
Employees, and Authorized Persons,
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Exhibit "C" -ORDERING INSTRUCTIONS
NOTE: ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER: F-130871985-001
VENDOR; International Business Machines Corporation (A)
STREET ADDRESS OR P. O. BOX: 101 North Monroe Street, Suite 750
CITY, STATE, ZIP: Tallahassee, Florida 32301
TELEPHONE: (850) 599-4327
ORDERING FAX NO.: (850) 599-4199
SERVICES INFORMATION: DIRECT INQUIRY TO:
NAME AND TITLE: Brian Remington, IBM Client Executive
ADDRESS: 101 North Monroe Street, Suite 750
CITY, STATE, ZIP: Tallahassee, Florida 32301
TELEPHONE:
URL HOME PAGE ADDRESS:
(850) 599-4390
www.ibm.com
ELECTRONIC MAIL ADDRESS:
bremingt(us.ibm.com
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