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HomeMy WebLinkAboutCity of Tamarac Resolution R-2015-031Temp. Reso. 12635 May 13, 2015 Page 1 of 5 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R2015- 3 f A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AWARDING RFP NO. 15-15R TO AND APPROVING AN AGREEMENT WITH AIP US, LLC. FOR THE PURCHASE AND INSTALLATION OF CISCO SYSTEMS NETWORK EQUIPMENT FOR A CONTRACT AMOUNT OF $97,997.71 INCLUSIVE OF A TRADE-IN OF EQUIPMENT IN THE AMOUNT OF $5,997.05; AUTHORIZING A CONTINGENCY IN THE AMOUNT OF $4,900; AUTHORIZING AN EXPENDITURE OF NOT TO EXCEED $102,897.71 FROM THE APPROPRIATE ACCOUNTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, technology is one of the key components in the efficient delivery of City services, and the City's network, telephony and security infrastructure are critical to ensuring continued operations; and WHEREAS, the City's existing Cisco Systems network infrastructure that was purchased in 2005, is at the end of its lifecycle, and replacement is necessary to support continued operations, alleviate issues related to increasing data/network traffic and to enhance security; and WHEREAS, the City published Request for Proposal (RFP) 15-15R for Cisco Network Infrastructure Replacement to obtain the services of a qualified firm to replace the City's Cisco Network Core Switching Infrastructure, Cisco Telephony Core Routing Infrastructure and Cisco Security Infrastructure including related installation and configuration services, in accordance with the Temp. Reso. 12635 May 13, 2015 Page 2 of 5 terms, conditions, and specifications contained in RFP 15-15R, a copy of said RFP is attached hereto as "Exhibit 1 "; and WHEREAS, an Evaluation Committee was convened and was comprised of the Director of Information Technology, Assistant Director of Information Technology, one of the City's Network Administrators, Financial Services Grants Administrator, Public Services Operations Manager, and was facilitated by the Purchasing and Contracts Division Buyer; and WHEREAS, five (5) proposals were received —with one (1) proposal deemed non -responsive — with costs as indicated below: Vendor Proposal Amount AIP US, LLC Office Depot, Inc. Nexus, A Dimension Data Company United Data Technologies (UDT) Big Sur Technologies ; and $103)994.76 $1191662.26 $149)374.29 $1871337.00 Non -responsive WHEREAS, the Evaluation Committee reviewed the proposals and ranked AIP US, LLC as number one (1) out of the four (4) qualified respondents; and WHEREAS, Cisco Systems through AIP US, LLC will provide a trade-in discount in the amount of $5,997-05, for the return of the City's core network switch (Cisco Catalyst 4507r switch, S/N FOX0920074P) as part of the purchase of new equipment; and Temp. Reso. 12635 May 13, 2015 Page 3 of 5 WHEREAS, it is the recommendation of the Director of Information Technology and the Purchasing and Contracts Manager that the City Commission of the City of Tamarac award RFP 15-15R to and execute an Agreement with AIP US, LLC, a copy of the Agreement is attached hereto as "Exhibit 2", incorporated herein and made a specific part of this resolution; and WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in the best interest of the citizens and residents of the City of Tamarac to award RFP 15-15R to and execute an Agreement with AIP US, LLC, for the purchase and installation of Cisco network equipment at a contract cost of $97,997.71 inclusive of a trade-in value of equipment of $5,997.05; authorize a contingency in the amount of $4,900; for a total project cost of $102,897-71. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof and all exhibits attached hereto incorporated herein and made a specific part of this resolution. Section 2: The City Commission hereby awards RFP No. 15-15R to are and approves an Agreement between the City of Tamarac and AIP US, LLC ("the Agreement") in the amount of $97,997.71, inclusive of a trade in of equipment in the amount of $5,997.71, and authorizes the appropriate City Officials to execute Temp. Reso. 12635 May 13, 2015 Page 4 of 5 the Agreement, attached hereto and incorporated herein as "Exhibit 2", for the purchase and installation of Cisco network equipment. Section 3: The appropriate City Officials are hereby authorized to expend an amount not to exceed $102,897.71, including a contingency of $4,900, for said purpose. Section 4: The City Manager or Designee is hereby authorized to issue Change Order in amount not to exceed established threshold per Section 6-147 of the City Code. Section 5: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this day of ATTEST: ATCMC CITI"Y CLERK HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM SAMUEL S. GOREN CITY ATTORNEY Temp. Reso. 12635 May 13, 2015 Page 5of5 , 2015. RY DRESSLER MAYOR RECORD OF COMMISSION VOTE: MAYOR DRESSLER DIST 1: VICE MAYOR BUSHNELL DIST 2: COMM. GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO a FX 0 PURCHASING AND CONTRACTS DIVISION Date: March 18, 2015 REQUEST FOR PROPOSALS RFP 15-15R ALL QUALIFIED PROPOSERS: RFP NO. 15-15R Sealed Proposals, addressed to the Purchasing and Contracts Manager of the City of Tamarac, Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue, Tamarac, Florida 33321-2401 until 2:00 PM local time, Tuesday, April 7, 2015 for: CISCO NETWORK INFRASTRUCTURE REPLACEMENT The City is soliciting proposals on behalf of the City of Tamarac Information Technology Department to obtain the services of a qualified firm to replace the City's Cisco Network Core Switching Infrastructure, Cisco Telephony Core Routing Infrastructure and Cisco Security Infrastructure including related installation and configuration services. Sealed Proposals must be received and time stamped in the Purchasing Office, either bymail or hand delivery, on or before the date and time referenced above. Any Proposals received after 2:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty regarding the time a Proposal is received will be resolved against the Proposer. Official time will be measured by the time stamp in the Purchasing Office. City reserves the right to reject any or all Proposals, to waive any informalities or irregularities in any Proposals received, to re -advertise for Proposals, to award in whole or in part to one or more Proposers, or take any other such actions that may be deemed to be in the best interests of the City. Proposal documents may be obtained from the Purchasing Office or via the Internet at http://www.tamarac.orq. For inquiries, contact the Purchasing Office at (954) 597-3570. Steven Beamsderfer Buyer Publish Sun -Sentinel: March 22, 2015 7525 N.W. 88th Avenue I Tamarac, Florida 333212401 I P: 954.597.35701 F: 954.597.3565 EQUAL OPPORTUNITY EMPLOYER .. City of Tamarac Purchasing and Contracts Division REQUEST FOR PROPOSALS RFP 15-15R CISCO NETWORK INFRASTRUCTURE REPLACEMENT Definition: A Request for Proposal (RFP) is a method of procurement permitting discussions with responsible offerors and revisions to proposals prior to award of a contract. Proposals will be opened in private. Award will be based on the criteria set forth herein. I. INTRODUCTION The City is soliciting proposals on behalf of the City of Tamarac Information Technology Department to obtain the services of a qualified firm to replace the City's Cisco Network Core Switching Infrastructure, Cisco Telephony Core Routing Infrastructure and Cisco Security Infrastructure including related installation and configuration services. II. INFORMATION For information pertaining to this Request for Proposals (RFP), contact Steven Beamsderfer, CPPB, Buyer in the Purchasing and Contracts Division at (954) 597-3566, or by email at steven.beam sderfer(�tamarac.org or James Twigger, Assistant Director of Information Technology, at (954) 597-3904 or by email at James.TwiggerCDtamarac.org. Such contact shall be for clarification purposes only. Material changes, if any, to the scope of services or proposal procedures will be transmitted only by written addendum. It is preferred that all questions be submitted in writing, either via fax or email. Fax questions to (954) 597-3565 or email to purchasingatamarac.orq. III. SCHEDULE OF EVENTS The schedule of events related to this Request for Proposals shall be as follows: RFP Document issued Deadline for Written Questions (questions received after this date may not be considered) Deadline for Receipt of Proposals Evaluation of Proposals Presentations by Short-listed Proposers (if applicable) Final Ranking of Firms 3/18/15 3/31 /15 4/7/15 4/8/ 15 - 4/ 16/ 15 As Needed 4/17/15 Anticipated Award by Commission 5/13/15 All dates are tentative. City reserves the right to change scheduled dates. 0 0 0 a 2 . 0 0 0 City of Tamarac Purchasing and Contracts Division proposal is issued pursuant to, and governed by the laws of the State of IV. INSTRUCTIONS TO OFFERORS Florida, Article VII "Financial & Procedures", Section 7.11, STANDARD TERMS AND CONDITIONS "Requirements for Public Bidding, of the City of Tamarac Charter; and RFP 15-15R Chapter 6 "Finance and Taxation", Article V, the Tamarac Procurement Our Vision and Mission Code. Our Vision: The City of Tamarac, our community of 1.2 These General Terms and choice -- leading the nation in quality of life through safe Conditions apply to all offers made neighborhoods, a vibrant economy, exceptional to the City of Tamarac by all customer service and recognized excellence. prospective Proposers, includingbut not limited to, Requests for Quotes, Our Mission: We Are "Committed to Excellence... Requests for Proposal and Always" It is our job to foster and create an environment Requests for Bid. As such the that words "bid", "proposal" and "offer" are used interchangeably in Responds to the Customer reference to all offers submitted by Creates and Innovates prospective Proposers. The City of Works as a Team Tamarac reserves the right to reject Achieves Results, and any or all proposals, to w aive any Makes a Difference inf ormalities or irregularities in any proposals received, to re -advertise In the fulfillment of our vision and mission, as sbAardsof for proposals, to enter into contract the public trust, we value vision, integrity, efficiency and negotiations w ith the selected quality service. Proposer or take any other actions that may be deemed to be in the Our vendors are truly partners in meeting these best interest of the City of Tamarac. commitments to the community, and in support of that Any and all special conditions in vision and mission, we are committed to ensuring that this RFP or any sample agreement qualified, competitive vendors who share ourcorrm&nent document that may be in variance or to quality, efficiency, teamwork and customer service are conflict with these General Terms employed to provide goods and services to the City. Our and Conditions shall have vendors are expected to deliver high quality products and precedence over these General efficient service that is provided on time and as ordered Terms and Conditions. If no in a manner that improves the overall value of the changes or deletions to General services that the City provides to its residents. In Conditions are made in the Special addition, wre expect our vendors to work with the Cityasa Conditions, then the General Terms team, and exhibit the highest level of integrity when and Conditions shall prevail in their dealing with any office or department of the City. entirety. Diligence in the execution of the requirements of this 2. DEFINED TERMS proposal will ultima tely c on trib ute to the overall quaRyof services provided to the entire community. The City is Terms used in these Instructions to offerors are searching for a firm who will exemplify these ideals in the defined as follows: execution of their work, and the successful firm will be 2.1 "Offeror" - one w ho submits a measured against the performance standards outhrx)din Proposal in response to a solicitation, this bid invitation. as distinct from a Sub -Offeror, who submits a Proposal to the Offeror. 1. AUTHORITY AND GENERAL TERMS AND CONDITIONS 2.2 "Proposer" — one who submits a Proposal in response to a solicitation. 1.1 It is the intent of the City to aw and the The terms "offeror" and "Proposer" proposal to the responsive proposer are used interchangeably and have providing a response which is most the same meaning. advantageous to the City. This 3 10 City of Tamarac Purchasing and Contracts Division 2.3 "Successful Offeror" - the qualified, submission of a Proposal, agrees that responsible and responsive Offerorto Offeror shall be held responsible for w horn City (on the basis of City's having examined the facilities and evaluation as hereinafter provided) equipment (if applicable); is familiar makes an aw ard. w ith the nature and extent of thework and any local conditions that may 2.4 "City" - the City of Tamarac, a affect the work, and is f amiliar w ith municipal corporation of the State of the equipment, materials, parts and Florida. labor required to successfully perform 2.5 "Proposal Documents" - the the w ork. Request for Proposals, Instructions to Offerors, Offeror's Qualifications 5. OMISSION OF DETAILS / VARIANCES AND Statement, Non -Collusive Affidavit, EXCEPTIONS Certified Resolution, Vendor Drug -Free 5.1 The apparent silence of the Workplace, Offeror's Proposal, requirements as to any detail, or the Proposal Security and Specifications, apparent omission of a detailed if any, and the proposed Contract description concerning any point, shall Documents (including all Addenda be regarded as meaning that only the issued prior to opening of Proposals). best commercial practice is to prevail, 2.6 "Contractor" - the individual(s) or and that only material and firms) to whom the award is made w orkmans hip of the finest quality is to and w ho executes the Contract be used. All interpretations of the Documents. specifications shall be made on the basis of this statement. Omission of 3. SPECIAL CONDITIONS any essential details from these Where there appears to be variances or specifications will not relieve the conflicts between the General Terms and Proposer of supplying such services Conditions and the Special Conditions and/or or product(s) as specified. Scope of Work outlined in this proposal, the 5.2 For the purpose of evaluation, the Special Conditions and/or the Scope of Work Offeror must indicate any variance or shall prevail. exceptions to the stated requirements, 4. EXAMINATION OF CONTRACT DOCUMENTS no matter how slight. Deviations AND SITE should be explained in detail. Absence of variations and/or 4.1. Before submitting a Proposal, each corrections w ill be interpreted to rrean Offeror must visit the site (if applicable that the Offeror meets all the to the project) to become familiar w ith requirements in every respect. the facilities and equipment that may in any manner affect cost or 6. INTERPRETATIONS AND ADDENDA performance of the work; must consider federal, state and local laws, If the Offeror is in doubt as to the meaning of ordinances, rules and regulations that any of the Proposal Documents, believes that the General Conditions, Special Conditions may in any manner affect cost or and/or Technical Specifications contain errors, performance of the work, must carefully compare the Offeror's contradictions or obvious omissions, or has any questions concerning the information contained observations made during site visits in the RFP documents, the Offeror shall submta or in review of applicable laws with written request to the Purchasing Office for the Proposal Documents; and must interpretation or clarification. Such requestrrust promptly notify the Purchasing and reference RFP name and number, and should be Contracts Manager of all conflicts, received by the Purchasing Office at least ten errors and discrepancies, if any, nthe (10) calendar days prior to the Proposal opening Proposal Documents. date, or prior to the deadline specif ied in the 4.2. The Offeror, by and through the "Schedule of Events" provided herein. 0 0 0 I 0 0 City of Tamarac Purchasing and Contracts Division Questions received less than ten (10) calendar encouraged to provide prompt days prior to the Proposal opening, or the payment. If no payment discount is deadline specified by the "Schedule of Events" offered, the discount shall assume net herein, w hichever is sooner, may not be 30 days. Payment is deemed made on answered. Interpretations or clarif ications in the date of the mailing of the check. response to such questions will be issued'nthe All payments shall be governed by the form of a w ritten addendum transmitted via Local Government Prompt Payment Act, F.S. Chapter 218. either fax or email to all parties recorded by the Purchasing Office as having received the Proposal Documents. The issuance of a wren ***** addendum shall be the only official method IMPORTANT NOTE***************** whereby such an interpretation or clarification w ill be made. 8.3 Payments by Bectronic Funds Transfer: ALL payments by the 7. COSTS AND COMPENSATION City will be made by Direct Deposit (ACH) via electronicfunds 7.1. Costs and compensation shall be transfer. No paper checks will be shown in both unit prices and issued after that date. Vendors extensions whenever applicable, and must register for direct deposit expressed in U.S. Dollars. In theevent with the City prior to receiving of discrepancies existing between unt any payments by providing a "City prices and extensions or totals, the of Tamarac Consent for Direct unit prices shall govern. De posit" form (ACH Form) to the City's Financial Services 7.2. All costs and compensation shall Accounting Division. The form remain firm and fixed for acceptance may be accessed on the City of for 60 calendar days after the day of Tam arac web -site at the Proposal opening. htt2I/www.tamarac.org/index.asp x?NID=622. Please contact the 7.3. The price proposal shall include all Purchasing & Contracts Division franchise fees, royalties, license fees, at the number shown on this etc., as well as all costs for solicitation document herein as transportation or delivery as apptable the first point of contact for more w ithin the scope of the solicitation. information. 8. PRICES, PAYMENTS, DISCOUNTS & 9. NON -COLLUSIVE AFFIDAVIT ELECTRONIC PAYMENTS Each Offeror shall complete the Non -Collusive 8.1 Firm Pricing: Prices shall be fixed Affidavit form and shall submit the form with and firm to the extent required under their Proposal. City considers the failure of the Special Conditions. In the absence of a reference in the Special Offeror to submit this document may be cause Conditions, prices shall be fixed for rejection of the Proposal. and firm for a period of sixty (60) calendar days, or ninety (90) 10. PUBLIC ENTITY CRIMES calendar days w hen the contract In accordance with Florida Statutes �287.133 must be approved by another 2 a : A person or affiliate who has been agency. Payment w ill be made only placed on the convicted vendor list following a after receipt and acceptance of conviction for public entity crime may not subnrt materials/services. Cash discounts a bid on a contract to provide any goods or may be offered for prompt paymerl services to a public entity, may not submit a bid however, such discounts shall not on a contract w ith a public entity for the be considered in determining the construction or repair of a public building or low est net cost for bid evaluation. public work, may not submit bids on leases of real property to public entity, may not be aw arded or perf orm w ork as a contractor, 8.2 Prom Pt Payment Discounts: supplier, subcontractor, or consultant under a Where applicable, offeror is contract w ith any public entity, and may not 5 City of Tamarac Purchasing and Contracts Division transact business w ith any public entity in 13.5 Non -Collusive Affidavit Form excess of the threshold amount provided in Florida Statutes §287.017 for Category Two, for 13.6 Proof of applicable insurance. a period of 36 months from the date of being 13.7 Listing of any Sub -consultants or placed on the convicted vendor list. Subcontractors to be utilized. 11. CONFLICT OF INTEREST 13.8 The City reserves the right to request the most recently completed audited The award of any contract hereunder is subject financial statement, or other to the provisions of Chapter 112, Florida approved documentation to verify Statutes. Offerors must disclose with their financial viability. Proposal the name of any officer, director, partner, proprietor, associate or agent w ho is 14. SUBMISSION OF PROPOSALS also an officer or employee of City or any of its 14.1 Proposals must be typed or printed in agencies. Further, all Offerors must disclose ink. Use of erasable ink is not the name of any officer or employee of Cty w ho permitted. All corrections to prices owns, directly or indirectly, an interest of five made by the Offeror should be percent (5%) or more in the Offeror's firm or initialed. any of its branches or affiliate companies. 14.2 All proposals shall be submitted in the 12. PERFORMANCE BONDS AND INSURANCE English language, and pricing expressed in U.S. Dollars. Upon award of a contract, the Successful Offeror, as required w ithin the scope of the 14.3 Proposals must contain a manual solicitation, may be required to submit signature of a corporate officer or performance bonds and/or payment bonds. designee w ith the proven authority to Offeror shall provide certificates of insurances bind the firm in matters of this nature. the manner, form and amount(s) specified. The address and telephone number for any communications regarding the 13. SUMMARY OF DOCUMENTS TO BE Proposal must be included. SUBM ITT® WITH PROPOSALS 14.4 Proposals shall contain an The following is a summary of documents acknowledgment of receipt of all required to be submitted for this proposal. addenda. Failure to include a completed proposal, bid surety (if required below), or any other 14.5 Proposals by corporations must be document that, by its omission, may prejudice executed in the corporation's legal the rights of other respondents, may result in name by the President or other immediate rejection of your proposal. Other corporate officer, accompanied by forms or documents which, by their nature do evidence of authority to sign. Evidence not impact price or the Offeror's cost of doing of authority shall be provided on the business should accompany the Proposal; but enclosed Certified Resolution form, or must be provided within three (3) business by the company's own Corporate days of the City's request to be considered Resolution. res pons ive. 13.1 Proposal (further defined in SectionV. 14.6 Proposals by partnerships must be STATE\ ENT OF WORK, Proposal executed in the partnership name and Format) (See Proposal Response signed by a partner, w hose title must Format and Proposal Price Sheet in appear under the signature. Section Vlll — PROPOSAL COPIES) 14.7 Proposals shall be submitted to the Certification Forms Purchasing Office on or before the 13.2 Certified Resolution Form (or firms time indicated in the Request for ow n Corporate Resolution) Proposals. Proposals shall be 13.3 Offeror's Qualif ications Statement submitted in a sealed envelope (f axed Form & References proposals w ill not be accepted under any circumstances). The envelope 13.4 Vendor Drug Free Workplace Form should be clearly marked on the r� u 0 I* on 0 0 0 City of Tamarac Purchasing and Contracts Division exterior w ith the applicable solicitation softw are, any use by the City or name and number. The envelope anyone authorized by the City, of such should state the name and address of data for additions to projects except the Offeror and should be include all as authorized in w riting by the documents as specified in the lequest proposing firm. for Proposals. Purchasing and 14.12 The City reserves the right to charges Contracts Division staff is not non-refundable fee for the purchase responsible for the premature openng of a solicitation document, and / or for of a Proposal that is not properly addressed and identified. project plans related to the solicitation. Such requirement w ill be specifiedon 14.8 In accordance w ith Florida Statutes, the cover page of this document if it's Chapter §119.07(1)(a) and except as applicable to this solicitation. Payment may be provided by other applicable of such fee to the City shall be state and federal law, the Request for required in order for a bidder to be Proposals and the responses thereto considered for the award of an are in the public domain. However, agreement as a result of this Proposers are requested to solicitation. specifically identify in the submitted Proposal any financial information 15. MODIFICATION AND WITHDRAWAL OF considered confidential and/or PROPOSALS proprietary w hich may be considered 15.1 Proposals may be modified or exempt under Florida Statute withdraw n by a duly executed §119.07(t). document signed by a corporate 14.9 All Proposals received from Offerors officer or other employee w ith in response to the Request for designated signature authority. Proposals w ill become the property of Evidence of such authority must City and will not be returned. In the accompany the request for event of Contract aw ard, all w ithdraw al or modif ication. The documentation produced as part of the request must be delivered to the Contract shall become the exclusive Purchasing Office at any time priorto property of City. the deadline for submitting Proposals. Withdraw al of a Proposal will not 14.10 The Proposer preparing a submittal in prejudice the rights of an Offeror to response to this RFP shall bear all submit a new Proposal prior to the expenses associated with its Proposal opening date and time. preparation. The Proposer shall prepare a submittal w ith the 15.2 If, w ithin tw enty-f our (24) hours after understanding that no claim for Proposals are opened, any Offeror reimbursement shall be submitted to files a duly signed, w ritten notice w 1h the City for the expense of proposal the Purchasing Office, and w ithin five preparation and/or presentation. (5) calendar days thereafter demonstrates to the reasonable 14.11 Bectronic Media Submission: The Cky satisfaction of City, by clear and may require that machine readable convincing evidence, that there was information and data, including material and substantial mistake in the computer assisted drafting designs preparation of its Proposal, or that the (AutoCAD files) be provided by the mistake is clearly evident on the face proposing firm as a part of its of the Proposal, but the intended submittal. The proposing firm shall not correct Proposal is not similarly be liable for claims or losses arising evident, Offeror may withdraw its out of, or connected w ith, modif icatbn Proposal and any bid security will be by the City, or anyone authorized by returned. Thereafter, the Offeror w ill the City, decline of accuracy or be disqualified from further bidding on readability of data due to storage or the subject Contract. obsolescence of equipment or 7 City of Tamarac Purchasing and Contracts Division 17.3 As a part of the evaluation process, 16. REJECTION OF PROPOSALS the City may conduct a background 16.1 To the extent permitted by applicable investigation including a criminal state and federal law s and record check of Proposer's officers and/or employees, by the Brow and regulations, City reserves the right to County Sheriff's Office. Proposer's reject any and all Proposals, to w aive any and all inf ormalities not involving submission of a proposal constitutes price, time or changes in the w ork acknowledgement of and consent to with the Successful Offeror, and to such investigation. Crty shall be the disregard all nonconforming, non- sole judge in determining Proposer's qualifications. responsive, unbalanced or conditional Proposals. Proposals w ill be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions or unauthorized alterations, or irregularities of any kind. 16.2 City reserves the right to reject the Proposal of any Offeror if City believes that it w ould not be in its best interest of to make an award to that Offeror, w hether because the Proposal is not responsive, the Offeror is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City w ithin the scope of the solicitation. 17. QUALIFICATIONS OF PROPOSERS 17.1 Proposals w ill be considered from firms normally engaged in providing the service requested. The proposing Firm must demonstrate adequate experience, organization, facilities, equipment and personnel to ensure prompt and efficient service to the ay of Tamarac. The City of Tamarac w ill determine w hether the evidence of ability to perform is satisfactory and reserves the right to reject proposals w here evidence submitted, or investigation and evaluation, indicates inability of a firm to perform. 17.2 Each Offeror shall complete the Off eror's Qualif ications Statement and submit the form w ith the Proposal. Failure to submit the Offeror's Qualif ications Statement and the documents required thereunder may constitute grounds for rejection of the Proposal. 17.4 No proposal shall be accepted from, nor w ill any contract be aw arded to, any person w ho is in arrears to City for any debt or contract, w ho is a defaulter, as surety or otherwise, of any obligation to City, or w ho is deemed irresponsible for unreliableby City. City w ill be the sole judge of said determination. 17.5 The City reserves the right, bef ore recommending any award, to inspect the facilities, equipment and organization or to take any other action necessary to determine ability to perform in accordance with the specifications, terms and conditions. 17.6 Employees of the Proposer shall at all times be under its sole direction and not an employee or agent of the City. The Proposer shall supply competent and physically capable employees. The City may require the Proposer to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable. Proposer shall be responsible to the City for the acts and omissions of all employees w orking under its directions. 18. INSURANCE 18.1 Offeror agrees to, in the performance of work and services under this Agreement, comply with all federal, state, and local laws and regulations now in effect, or hereinafter enacted during the term of this agreement that are applicable to Offeror, its employees, agents, or subcontractors, if any, w ith respect to the work and services described herein. 18.2 Offeror shall obtain at Offeror's u 0 8 0 0 City of Tamarac Purchasing and Contracts Division expense all necessary insurance in evidence of such coverage in theform such form and amount as required by of an insurance certif icate and this proposal or by the City's Risk endorsement. The Offeror w ill ensure Manager before beginning w ork under that all Sub -Offerors w ill comply w ith this Agreement. Offeror shall maim the above guidelines and w ill maintain such insurance in full force and effect the necessary coverages throughout the term of this Agreement. during the life of this Agreement. Offeror shall provide to the City's Risk 18.7 All insurance carriers shall be ratedat Manager current certificates of all least A-VII per Best's Key Rating insurance required under this section Guide and shall be licensed to do prior to beginning any w ork under this business in Florida. Policies shall be Agreement. "Occurrence" form. Each carrier will give the City sixty (60) days notice 18.3 Offeror shall indemnify and save the prior to cancellation. City harmless from any damage r resulting to it for failure of either 18.8 The Offeror's liability insurance policies shall be endorsed to add the Offeror or any Sub -Offeror to obtain City of Tamarac as an "additional or maintain such insurance. insured". The Offeror's Workers' 18.4 The following are required types and Compensation carrier w ill provide a minimum limits of insurance coverage, Waiver of Subrogation to the City. w hich the Offeror agrees to maintain 18.9 The Offeror shall be responsible for during the term of this contract: the payment of all deductibles and self -insured retentions. The City may require that the Offeror purchase a Line of Occurrence Aggregate bond to cover the full amount of the Business/ deductible or self -insured retention. Coverage Commercial $19000,000 $1,000,000 18.10 If the Offeror is to provide General professional services under this Liability Agreement, the Offeror must provide the City with evidence of Professional Including: Liability insurance w ith, at a minimum, Premises/Operations a limit of $1,000,000 per occurrence Contractual Liability and in the aggregate. "Claims -Made" Plersonal Injury forms are acceptable only for Explosion, Collapse, Underground Hazard Professional Liability. Products/Completed Operations 18.11 The Successful Offeror agrees to Broad Form Property Damage perform the w ork under the Contract Cross Liability and Severability of Interest as an independent contractor, and not Clause as a subcontractor, agent or errpl yee of City . Automobile $1,000,000 $10000,000 Liability 19. INDEMNIFICATION Workers' Statutory Compensation 19.1 GENERAL INDEMNIFICATION: & Employer's Consultant shall, in addition to any Liability other obligation to indemnify the City and to the fullest extent permitted by 18.5 The City reserves the right to require law, protect, defend, indemnify and higher limits depending upon thescope hold harmless the City, their agents, of w ork under this Agreement. elected officials and employees from and against all claims, actions, 18.6 Neither Offeror nor any Sub -Offeror liabilities, losses (including economic shall commence work under this losses), costs arising out of any contract until they have obtained all actual or alleged: a). Bodily injury, insurance required under this section sickness, disease or death, or injuryto and have supplied the City w ith or destruction of tangible property no City of Tamarac Purchasing and Contracts Division including the loss of use resulting does not create an employee/employer therefrom, or any other damage or relationship between the Parties. It is the intent loss arising out of or resulting, or of the Parties that the Contractor is an claimed to have resulted in w hole or in independent contractor under this Agreement part from any actual or alleged act or and not the City's employee for any purposes, omission of the Consultant, any sub- including but not limited to, the application of the Consultant, anyone directly or Fair Labor Standards Act minimum wage and indirectly employed by any of them, or anyone for whose acts any of them overtime payments, Federal Insurance may be liable in the performance of the Contribution Act, the Social Security Act, the Work; or b). violation of law, statute, Federal Unemployment Tax Act, the provisions ordinance, governmental of the Internal Revenue Code, the State administration order, rule, regulation, Worker's Compensation Act, and the State or infringement of patent rights by Unemployment Insurance law. The Contractor Consultant in the performance of the shall retain sole and absolute discretion in the Work; or c). liens, claims or actions judgment of the manner and means of carrying made by the Consultant or any sub- out Contractor's activities and responsibilities consultant under w orkers hereunder provided, further that administrative compensation acts; disability benefit procedures applicable to services rendered acts, other employee benefit acts or under any potential Agreement shall be thoseof any statutory bar. Any cost of Contractor, which policies of Contractor shall expenses, including attorney's fees, not conflict w ith City, State, or United States incurred by the city to enforce this agreement shall be borne by the policies, rules or regulations relating to the use Consultant. of Contractor's funds provided .for herein. The Contractor agrees that it is a separate and 19.2 Upon completion of all Services, independent enterprise from the City, that it had obligations and duties provided for in full opportunity to find other business, that Ihas this Agreement, or in the event of made its ow n investment in its business, and termination of this Agreement for any that it w ill utilize a high level of skill necessary to reason, the terms and conditions of perform the work. Any potential Agreementshall this Article shall survive indefinitely. not be construed as creating any joint employment relationship between the Cont-actor The Consultant shall pay all claims, and the City and the City w ill not be liableforany losses, liens, settlements or judgments obligation incurred by Contractor, including but of any nature whatsoever in not limited to unpaid minimum wages and/or connection with the foregoing overtime premiums. indemnifications including, but not limited to, reasonable attorney's fees 21. DELIVERIES (including appellate attorneys fees) Any item requiring delivery by the Offeror or and costs. by sub -contractors shall be delivered F.O.B. destination to a specific City address. All 19.4 City reserves the right to select its delivery costs and charges must be included own legal counsel to conduct any in the bid price. If delivery of an item is defense in any such proceeding and required, the City reserves the right to cancel all costs and fees associated the delivery order(s) or any part thereof, therewith shall be the responsibility of w ithout obligation if delivery is not made atthe Consultant under the indemnification time specified in the proposal. agreement. Nothing contained herein is intended nor shall it be construed to 22. WARRANTIES waive City's rights and immunities under the common law or Florida 22.1 Successful Offeror warrants to City Statute 768.28 as amended from time that the consurnrnation of the w ork to time. provided for in the Contract documents will not result in the breach 20. INDEPENDENT CONTRACTOR of any term or provision of, or constitute a default under any An Agreement resulting from this solicitation indenture, mortgage, contract, or I rI u 10 0 0 I City of Tamarac Purchasing and Contracts Division agreement to which Successful supplied to the City shall conform in all Offeror is a party. respects to the standards set forth in the Occupational Safety and Health Act of 1970 22.2 Successful Offeror warrants to City as amended, and shall be in compliance w ith that it is not insolvent, it is not in Chapter 442, Florida Statutes as w ell as any bankruptcy proceedings or industry standards, if applicable. Any toxic receivership, nor is it engaged in or substance listed in Section 38F-41.03 of the threatened w ith any litigation, Florida Administrative Code delivered as a arbitration or other legal or result of this order must be accompanied by a administrative proceedings or completed Material Safety Data Sheet (MSDS). investigations of any kind w hich would have an adverse effect on its 26. INSPECTION ability to perform its obligations under The City shall have the right to inspect any the Contract. materials, components, equipment, supplies, services or completed work specified herein. 22.3 Successful Offeror warrants to City Any of said items not complying with these that it will comply with all applicable specifications are subject to rejection at the federal, state and local law s, option of the City. Any items rejected shall be regulations and orders in carrying out removed from the premises of the City and/or its obligations under the Contract. replaced at the entire expense of the successful vendor. 22.4 All warranties made by Successful Offeror together w ith service warranties and guarantees shall run to City and the successors and 27. NON-DISCRIM INATION AND EQUAL assigns of City. OPPORTUNITY EIVI PLOYM ENT During the performance of the Contract, the 23. CONDITIONS OF MATERIAL Contractor and its sub -contractors shall not All materials and products supplied by the discriminate against any employee or applicant Offeror in conjunction w ith this proposal shall for employment because of race, color, sex be new, warranted for their merchantability, including pregnancy, religion, age, national f it f or a particular purpose, f ree f rom defects origin, marital status, political affiliation, familial and consistent w ith industry standards. The status, sexual orientation, gender identity and products shall be delivered to the City in expression, or disability if qualified. The excellent condition. In the event that any of Contractor w ill take affirmative action to ensure the products supplied to the City are found to that employees and those of its sub -contractors be defective or do not conform to the are treated during employment, w ithout regard specifications, the City reserves the right to to their race, color, sex including pregnancy, return the product to the Bidder at no cost to religion, age, national origin, marital status, the City. political affiliation, familial status, sexual Successful Offeror shall furnish all guarantees orientation, gender identity or expression, or and warranties to the Purchasing Division prior disability if qualified. Such actions must include, to final acceptance and payment. The w arranty but not be limited to, the following: employment, period shall commence upon final acceptanceof promotion; demotion or transfer; recruitment or the product. recruitment advertising, layoff or termination; rates of pay or other forms of compensation; 24. COPYRIGHTS OR PATENT RIGHTS and selection for training, including apprenticeship. The Contractor and its sub - The Offeror w arrants that there has been no contractors shall agree to post in conspicuous violation of copyrights or patent rights in places, available to its employees and appicanls manufacturing, producing or selling the goods for employment, notices to be provided by the shipped or ordered as a result of this bid.The contracting officer setting forth the provisions of seller agrees to hold the City harmless fromal this nondiscrimination clause. The Contractor liability, loss or expense occasioned by any further agrees that he/she will ensure that all such violation. sub -contractors, if any, w ill be made aware of and will comply with this nondiscrimination 25. SAFETY STANDARDS clause. The Proposer warrants that the product(s) City of Tamarac Purchasing and Contracts Division 28. CLARIFICATION & ADDENDA Successful Offeror shall pay all applicable sales, consumer use and other similar taxes Where there appears to be variances or required by law. conflicts between the General Terms and Conditions and the Special Conditions and/or 30. PERMITS, FEES AND NOTICES Detailed Specifications outlined in this bid, the Special Conditions and/or the Detailed Successful Offeror shall secure and pay for all Specifications shall prevail. permits and fees, licenses and charges The Proposer shall examine all proposal necessary for the proper execution and documents and shall judge all matters relatinglo completion of the w ork, if applicable. The costs the adequacy and accuracy of such of all permits, fees, licenses and charges shall documents. If, upon review , any material errors be included in the Price Proposal except w here in specifications are found, the Proposer shall expressly noted in the specifications. contact the Purchasing Office immediately. Any inquires, suggestions, requests concerning 31. PERFORMANCE clarification, or requests for additional Failure on the part of the Offeror to comply information shall be submitted in writing to the w ith the conditions, terms, specifications and Purchasing and Contracts Manager. requirements of the bid shall be just causefor cancellation of the proposal award. The City The City of Tamarac reserves the right iDarrend may, by w ritten notice to the Proposal, this bid prior to the Proposal due date indicated terminate the contract for failure to perform. by w ritten addenda. Written addenda shall The date of termination shall be stated in the serve as the sole means of clarification. The notice. The City shall be the sole judge of City shall not be responsible for oral interpretations given by any City employee orfs nonperformance. representative. 32. TERM (NATION FOR CAUSE AND DEFAULT **** SPECIAL NOTE -- Addendums will only be issued electronically through the In addition to all other remedies available to the City's web -site. Vendors will be notified City, this Agreement shall be subject to of the availability of new solicitations and cancellation by the City for cause, should the addendums via e-mail or text message Successful Offeror neglect or fail to performer (per the vendor's choice). It is essential observe any of the terms, provisions, that all vendors receiving a bid or conditions, or requirements herein contained, if proposal either download the document such neglect or failure shall continue for a from the City's web -site, or register as a period of thirty (30) days after receipt by of plan holder. All bidders / proposers must w ritten notice of such neglect or failure. visit httpJ/www.tamarac.org/bids.aspx, and select the "NOTIFY ME' icon. This 33. TERM INATION FOR CONVENIENCE OF CITY action will take the bidder/proposer tothe "Notify Me" page. Once on the "NofifyMe" This Agreement may be terminated by the City page, enter the appropriate e-mail for convenience, upon seven (7) days of address to which notifications of written notice by the City to the Successful solicitations and addendums should be Offeror for such termination in w hich event the sent. Bidders and proposers may also Successful Offeror shall be paid its request notification by text message at compensation for services performed to this time. Upon completion of this termination date, including services reasonably process, a confirming e-mail will be sent related to termination. In the event that the to the individual who registered. You Successful Offeror abandons this Agreerrentor must click on the link provided to confirm causes it to be terminated, the Successful registration for solicitation documents Offeror shall indemnify the city against loss and addendums. Regardless of the means pertaining to this termination. of transmission of an Addendum it is the responsibility of the bidder or proposerto 34. FUNDING OUT insure that they have received all This agreement shall remain in full force and addendums issued for a solicitation prior to submitting a response.**** effect only as long as the expenditures provided for in the Agreement have been approprialed by 29. TAXES the City Comrnission of the City of Tamarac in 12 0 u City of Tamarac Purchasing and Contracts Division the annual budget for each fiscal year of this Article shall constitute a Default and Agreement, and is subject to termination based Breach of this Agreement and the on lack of funding. City shall enforce any available contract remedies in force including 35. RECORDS / AUDITS termination of the Agreement. 35.3 During the term of the contract, the 35.1 The City of Tamarac is a public Contractor shall maintain all books, agency subject to Chapter 119, reports and records in accordance Florida Statutes. The Contractor shall comply w ith Florida's Public w ith generally accepted accounting Records Law. Specifically, the practices and standards for records Contractor shall: directly related to this contract. The form of all records and reports shall 35.1.1 Keep and maintain public be subject to the approval of the Cty's records that ordinarily and Auditor. The Contractor agrees to necessarily would be make available to the City's Auditor, required by the City in order during normal business hours and in to perform the service; Brow ard, Dade or Palm Beach Counties, all books of account, reports 35.1.2 Provide the public w ith and records relating to this contract. access to such public records on the same terms 36. ASSIGNMENT and conditions that the City would provide the records 36.1 Successful Offeror shall not assign, and at a cost that does not transfer or subject the Contract or its exceed that provided in rights, title, interests or obligations chapter 119, Fla. Stat., or therein w ithout City's prior w ritten as otherwise provided by approval. law; 36.2 Violation of the terms of this 35.1.3 Ensure that public records paragraph shall constitute a breachof that are exempt or that are the Contract by Successful Offeror confidential and exempt and City may, at its discretion, cancel from public record the Contract. All rights, title, interest requirements are not and obligations of Successful Offeror disclosed except as shall thereupon cease and terminate. authorized by law; and 37. EMPLOYEES 35.1.4 Meet all requirements for 37.1 Employees of the successful retaining public records and Contractor shall at all times be under transfer to the City, at no its sole direction and not an cost, all public records in employee or agent of the City. The possession of the Contractor shall supply competent contractor upon termination and physically capable employees. of the contract and destroy The City may require the Contractor any duplicate public to remove an employee it deems records that are exempt or careless, incompetent, confidential and exempt. All insubordinate or otherw ise records stored objectionable. Bidder shall be electronically must be responsible to the City for the acts provided to the City in a and omissions of all employees format that is compatible working under its directions. with the information technology systems of the 37.2 Unauthorized Aliens: The agency. employment of unauthorized aliens by any Contractor is considered a 35.2 The failure of Contractor to comply violation of Section 274A (e) of the w ith the provisions set forth in this Immgration and Nationality Act. If the 13 City of Tamarac Purchasing and Contracts Division Contractor knowingly employs §119.071(1) (b) (2), or within 30 days after unauthorized aliens, such violation bid/proposal opening, whichever is earlier. shall be cause for unilateral cancellation of any contract resulting 44. OWNERSHIP OF PRELIMINARY AND FINAL from this RFP. This applies to any RECORDS sub -contractors used by the Contractor as well All preliminary and f inal documentation and 38. TAXES The City of Tamarac is exempt f rom all Federal, State, and Local taxes. An exemption certifiicabe w ill be provided w here applicable upon request 39. GOVERNING LAW: The laws of the State of Florida shall govern this Agreement. Venue shall be Brow and County, Florida. - • -=_ =.• The City may attach as a part of this solicitation, a Form Agreement document. Proposers shall be responsible for complying with all of the terms and conditions of the Form Agreement document if included herein, except w here variant or conflicting language may be included in any Special Conditions contained herein. Proposers shall note any deviation or variance w ith the Form Agreement document at the time of bid submission. 41. OTHER GOVERNM ENTAL ENTITIES If a Proposer is aw arded a contract as a result of this RFP, Proposer will, if Proposer has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance w ith the terms and conditions of the Invitation for Bid and resulting contract Prices shall be F.O.B. Destination to the requesting agency. 42. UNBALANCED PROPOSAL PRICING When a unit price proposed has variable or estimated quantities, and the proposal shows evidence of unbalanced proposal pricing, such proposal may be rejected. 43. INFORMATION REQUESTS AFTER DUE DATE Pursuant to Florida Statute Chapter 119, Section 071 (1), sealed bids or proposals received by an agency pursuant to invitations to bid or requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the State Constitution untisuch time as the agency provides notice of a decision or intended decision pursuant to F.S. records shall become and remain the sole property of the City. The aw arded firm shall maintain original documents thereof for its records and for its future professional endeavors and provide reproducible copies to the City. In the event of termination of the agreement the proposing f irm shall cease w ork and deliver to the City all documents (including reports and all other data and material prepared or obtained by the aw arded f irm in connection w ith the project), including all documents bearing the professional seal of the firm. The City shall, upon delivery of the aforesaid documents, pay the firm and the firm shall accept as full payment for its services thereunder, a sum of money equal to the percentage of the work done by the firm and accepted as satisfactory to the City. 45. BUDGETARY CONSTRAINTS In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided w ith a minimum 30-day notice prior to any such reduction in budget. 46. CONTINGENT FEES PROHIBITED The proposing firm must w arrant that it has not employed or retained a company or person, other than a bona fide employee, contractor or subcontractor, working in its employ, to soickor secure a contract w ith the City, and that it has not paid or agreed to pay any person, company, corporation, individual or f irm other than a bona fide employee, contractor or sub -consultant, working in its employ, any fee, commission, percentage, gift or other consideration contingent upon or resulting from the aw and or making of a contract w ith the City. 47. PROHIBITION AGAINST LOBBYING During the solicitation of any bid or proposal, any firm and its agents, officers or employees w ho intend to submit, or w ho have submitted, bids or proposals shall not lobby, either 0 0 I* 14 0 0 0 City of Tamarac Purchasing and Contracts Division individually or collectively, any City Commission the immediate disqualification of that firm from members, candidates for City Commission or further consideration. any employee of the City. Contact should only be made through regularly scheduled Commission meetings, or meetings scheduled through the Purchasing and Contracts Division for purposes of obtaining additional or clarifying information. Any action, including meals, invitations, gifts or gratuities by a submittngf m its officers, agents, or employees shall bewilhn the purview of this prohibition and shall resukn During a formal solicitation process, contact w ith personnel of the City of Tamarac otherthan the Purchasing and Contracts Manager or designated representative regarding any such solicitation may be grounds for elimination from the selection process. (Reference: Tamarac Procurement Code Section 6-156.) 15 City of Tamarac Purchasing and Contracts Division V. STATEMENT OF WORK A. SCOPE OF PROPOSAL The purpose of this Request for Proposals is to obtain the services of a qualified firm to replace the City's Cisco Network Core Switching Infrastructure, Cisco Telephony Core Routing Infrastructure and Cisco Security Infrastructure including related installation and configuration services, on behalf of the City of Tamarac Information Technology Department, in conformity with the requirements contained herein. Remainder of Page Intentionally Blank 0 I u 0 16 I 0 0 City of Tamarac Purchasing and Contracts Division B. SERVICES TO BE PROVIDED 1) Vendor is to provide Cisco switches, licensing, SMARTnet, components and cabling, as specified below. Cost break down is to be included in proposal. 1 N9K-C9372PX-B18Q 2 CON-SNTP-72PXB18Q 3 N9K-C9372PX-BUN 4 CON-SNTP-9372PXBN 5 N3K-C3064-ACC-KIT 6 QSFP-40G-SR-BD 7 NXA-FAN-30CFM-B 8 CAB-9K12A-NA 9 N9K-PAC-650W 10 N9KDK9-70311 11 N93-LIC-PAK 12 CON-SAU-N93LPAK 13 N93-LAN1K9 14 N9K-C9372PX-BUN 15 CON-S NTP-9372 PXB N 16 N3K-C3064-ACC-KIT 17 QSFP-40G-SR-BD 18 NXA-FAN-30CFM-B 19 CAB-9K12A-NA 20 N9K-PAC-650w 21 N9KDK9-70311 22 N93-LIC-PAK 23 CON-SAU-N93LPAK 24 N93-LANIK9 25 QSFP-H40G-CU1M= 26 N3K-C3048TP-1GE 27 CON-SNTP-48TPlGE 28 N3K-C3064-ACC-KIT 29 N3K-C3048-BAS1K9 30 N3K-C3048-FAN 31 N3KUK9-602U4.1 32 N2200-PAC-40OW 33 CAB-9K12A-NA 34 SFP-H10GB-CU1M 2 Nexus 9372PX with 8 QSFP-40G-SR-BD SMARTNET 24X7X4 2 Nexus 9372PX with Nexus 9372PX bundle PID SMARTNET 24X7X4 Nexus 9372PX bundle PID Nexus 3064PQ Accessory Kit QSFP40G BiDi Short -reach Transceiver Nexus 2K/3K/9K Single Fan port side intake airflow Power Cord 125VAC 13A NEMA 5-15 Plug North America Nexus 9300 65OW AC PS Port -side Intake Nexus 9500 or 9300 Base NX-OS Software Rel 7.0(3)11.x N9300 License PAK Expansion SW APP SUPP + UPGR N9300 License PAK Ex LAN Enterprise License for Nexus 9300 Platform Nexus 9372PX bundle PID SMARTNET 24X7X4 Nexus 9372PX bundle PID Nexus 3064PQ Accessory Kit QSFP40G BiDi Short -reach Transceiver Nexus 2K/3K/9K Single Fan port side intake airflow Power Cord 125VAC 13A NEMA 5-15 Plug North America Nexus 9300 65OW AC PS Port -side Intake Nexus 9500 or 9300 Base NX-OS Software Rel 7.0(3)11.x N9300 License PAK Expansion SW APP SUPP + UPGR N9300 License PAK Ex LAN Enterprise License for Nexus 9300 Platform 40GBASE-CR4 Passive Copper Cable 1m Nexus 3048TP-1GE 1RU 48 x 10/100/1000 and 4 x 10GE ports SMARTNET 24X7X4 Nexus 3048TP-1GE 1RU 481GE410GE ports Nexus 3064PQ Accessory Kit Nexus 3048 Base License Nexus 3048 Fan Module Port -side Exhaust NX-OS Release 6.0(2)U4(1) N2K/N3K AC Power Supply Std airflow (port side exhaust) Power Cord 125VAC 13A NEMA 5-15 Plug North America 10GBASE-CU SFP+ Cable 1 Meter N/A 1 60 month(s) 1 N/A 1 60 month(s) 1 N/A 1 N/A 4 N/A 4 N/A 2 N/A 2 N/A 1 N/A 1 60 month(s) 1 N/A 1 N/A 1 60 month(s) 1 N/A 1 N/A 4 N/A 4 N/A 2 N/A 2 N/A 1 N/A 1 60 month(s) 1 N/A 1 N/A 4 N/A 1 60 month(s) 1 N/A 1 N/A 1 N/A 1 N/A 1 N/A 2 N/A 2 N/A 2 17 35 WS-C2960X-48FPD-L Catalyst 2960-X 48 GigE PoE 740W 2 x 1OG SFP+ LAN Base N/A 2 36 CON-SNTP-WSC296XL SMARTNET 24X7X4 Catalyst 2960-X 48 GigE PoE 740W 2 x 10 60 month(s) 2 37 CAB-16AWG-AC AC Power cord 16AWG N/A 2 38 C2960X-STACK Catalyst 2960-X FlexStack Plus Stacking Module N/A 2 39 CAB-STK-E-0.5M Cisco FlexStack 50cm stacking cable N/A 2 40 SFP-HIOGB-CU1M 1OGBASE-CU SFP+ Cable 1 Meter N/A 2 41 WS-C2960X-24PSQ L Catalyst 2960-X 24 GigE PoE 92W (8 ports) 2 x SFP, N/A 1 2 x 10/100/1000 LAN Base 42 CON-SNTP-WSC224QL SMARTNET 24X7X4 Catalyst 2960-X 24 GigE PoE 92W 60 month(s) 1 43 CAB-16AWG-AC AC Power cord 16AWG N/A 1 44 SFP-HIOGB-ACU7M 1OGBASE-CU SFP+ Cable 7 Meter N/A 8 45 C2911-CME-SRST/K9 2911 Voice Bundle w/PVDM3-16 FL-CME-SRST-25 UC Lic FL- N/A 3 CUBE10 46 CON-SNTP-2911CMST SMARTNET 24X7X4 2911 Voice Bundle w/ UC License PAK 60 month(s) 3 47 MEM-2900-512U2.SGB 512MB to 2.5GB DRAM Upgrade (2GB+512MB) for Cisco 2901- N/A 3 2921 48 MEM-CF-256U2GB 256MB to 2GB Compact Flash Upgrade for Cisco 190029003900 N/A 3 49 PW R-2911-AC Cisco 2911 AC Power Supply N/A 3 50 CAB -AC AC Power Cord (North America) C13 NEMA 5-15P 2.1m N/A 3 51 ISR-CCP-EXP Cisco Config Pro Express on Router Flash N/A 3 52 PI-MSE-PRMO-INSRT Insert Packout - PI-MSE N/A 3 53 FL-CME-SRST-25 Communication Manager Express or SRST - 25 seat license N/A 3 54 SL-29-UC-K9 Unified Communication License for Cisco 2901-2951 N/A 3 55 HWIC-BLANK Blank faceplate for HWIC slot on Cisco ISR N/A 3 56 SL-29-IPB-K9 IP Base License for Cisco 2901-2951 N/A 3 57 FL-CUBEE-5 Unified Border Element Enterprise License - 5 sessions N/A 3 58 SM-S-BLANK Removable faceplate for SM slot on Cisco 290039004400 ISR N/A 3 59 S29UK9-15303M Cisco 2901-2921 IOS UNIVERSAL N/A 3 60 FL-SRST Cisco Survivable Remote Site Telephony License N/A 3 61 FL-CME-SRST-5 Communication Manager Express or SRST - 5 seat license N/A 3 62 VWIC3-IMFT-T1/E1 1-Port 3rd Gen Multiflex Trunk Voice/WAN Int. Card - T1/E1 N/A 3 63 VIC3-4FXS/DID Four -Port Voice Interface Card - FXS and DID N/A 3 64 VIC2-4FXO Four -port Voice Interface Card - FXO (Universal) N/A 3 65 PVDM3-16U64 PVDM316-channel to 64-channel factory upgrade N/A 3 is Is is 0 0 0 65 A5A5512-FPWR-BUN ASA 5512-X with FirePOWER Svcs. Chassis and Subs. Bundle 67 ASA5512-FPWR-K9 ASA 5512-X with FirePOWER Services 6GE AC 3DES/AES SSD 68 CON-SNTP-Al2FPK9 SMARTNET 24X7X4 ASA 5512-X with FirePOWER Services, 6GE, 69 SF-FP5.3.1-K9 Cisco FirePOWER Software v5.3.1 70 ASASS12-CTRL-LIC Cisco ASASS12 Control License 71 SF-ASA-X-9.2.2-K8 ASA 9.2.2 Software image for ASA 5500-X Series,5585-X,ASA-SM 72 ASA5500-SSL-10 ASA 5500 SSL VPN 10 Premium User License 73 ASA-AC-M-5512 AnyConnect Mobile - ASA 5512-X (req. Essentials or Premium)_ 74 CAB -AC AC Power Cord (North America), C13, NEMA 5-15P, 2.1m 75 ASA-AC-PH-5512 AnyConnect VPN Phone License - ASA 5512-X (req Premium lic) 76 ASA-VPN-CLNT-K9 Cisco VPN Client Software (Windows, Solaris, Linux, Mac) 77 ASA5500-ENCR-K9 ASA 5500 Strong Encryption License (3DES/AES) 78 ASA5512-MB ASA 5512 IPS Part Number with which PCB Serial is associated 79 ASA-ANYCONN-CSD-K!ASA 5500 AnyConnect Client + Cisco_ Security Desktop Software 80 ASA5500X-SSD120INC ASA 5512-X through 5555-X 120GB MLC SED SSD (Inca.) 81 L-ASA5512-TA= Cisco ASA5512 FirePOWER IPS and Apps Licenses 82 L-ASASS12-TA-3Y Cisco ASASS12 FirePOWER IPS 3YR Subscription 83 FS-VMW-2-SW-K9 Cisco FireSIGHT Management Center (VMWare) for 2 devices 84 CON-SAU-VMWSW2 SW APP SUPP + UPGR Cisco FireSIGHT Mana 85 Services Installation and Configuration Services 86 Trade-in Discount Trade-in Discount for Cisco Catalyst 4507r Switch N/A N/A 60 month(s) N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 36 month(s) N/A 60 month(s) 2) Vendor is to provide services to configure switches. Switch configuration shall include, but is not limited to, OSPF, routing, route maps, VLANs, Virtual Switching System (VSS), FlexStack configuration, EtherChannels (port channels), multicasting, access lists, spanning -tree, applicable services, SSH, logging, RADIUS integration, switchport configurations, trunk port connections, QoS, NTP, etc.... Configuration should replicate the City's existing core switching infrastructure configuration on the new switching equipment and ensure a fully operational environment once the project is complete. 3) Vendor is to provide services to configure integrated service routers (ISRs). Routers are used in conjunction with the City's Cisco Unified Communication Manager (C UC M) software as gateway devices s upport ing MGC P, H.323, PRIs, SRST, etc.... ISR configuration shall include, but is not limited to, voice services, MGCP, H.323, dial peer configurations, voice card (FXS/FXO) configurations, voice port configurations, PRI card configurations, multicasting, applicable services, SSH, logging, RADIUS integration, switchport configurations, QoS, NTP, etc.... Configuration should replicate the City's existing telephony core routing infrastructure configuration on the new integrated service router equipment and ensure a fully operational environment once the project is complete. 4) Vendor is to provide services to configure the firewall. Firewall configuration shall include, but is not limited to, interface configurations, security level configurations, Internet connection failover configuration, object groups, access 1 1 1 1 1 1 1 1 1 1 1 1 19 City of Tamarac Purchasing and Contracts Division lists, NAT, static IP address mappings, routing, SLA monitors, crypto and other applicable services, User VPN and Site -to -Site VPNs, ASA UC Proxy service, media termination points, SSH, logging, RADIUS integration, NTP, etc.... Configuration should also include IPS configuration and any other new security/threat prevention security features available on the ASA. Configuration should replicate the City's existing security infrastructure configuration on the new firewall equipment and ensure a fully operational environment once the project is complete 5) As this is a production environment, configuration shall be completed prior to cutover. The cutover will scheduled after hours on a weekend. The City will assist with the physical removal of the old switching, routing and security infrastructure as well as the physical installation of the new switching, routing and security infrastructure; however, the vendor is to be present onsite and available to assist and troubleshoot as necessary to ensure a successful transition to the new switching, routing and security infrastructure. 6) The cost of configuration services shall be included in the cost break down, including the estimated number of hours. 7) The City of Tamarac currently utilizes the following Cisco equipment: a. Cisco Catalyst 4507r switch (Serial Number FOX0920074P) with an Enterprise Services license. b. Cisco 2821 integrated services router (Serial Number FTX0925AOX4) with the SP Services featureset. C. Cisco 2821 integrated services router (Serial Number FHK1503FOCX) with the SP Services featureset. d. Cisco 2801 integrated services router (Serial Number FCZ114691 HQ) with the SP Services featureset. e. Cisco ASA 5510 (Serial Number JMX1033K1 NZ) with the Security Plus license. 8) Vendor is to work with Cisco to secure additional discounting for the Cisco Catalyst Nexus switches based upon the prior purchase of the Cisco Catalyst 4507 switch with the Enterprise Services license. Vendor should contact Nicole Cordova, Cisco Systems Account Manager, by phone at (305) 718-2618, or by email at nicordovC cisco.com for further assistance. a. Vendor is to provide a trade-in option for the City Cisco Catalyst 4507 switch, Cisco integrated services routers and Cisco ASA, showing trade-in value as an additional line item and potential discount. 9) Reference Pricing -Cisco Systems has made available a quote based on retail pricing for the aforementioned equipment in order to provide vendors with the complete and accurate list ofcontracts/items to be quoted. The retail quote provided by Cisco Systems has been attached to this Request for Proposals as Exhibit 1. Vendors shall base their response and pricing on the information contained in this Exhibit. 0 0 20 L-1 I 0 City of Tamarac Purchasing and Contracts Division C. MINIMUM REQUIREMENTS To be considered for award, vendors must be a registered and active Cisco partner (Select, Silver, Gold or Platinum level), and be able to provide references for other similar projects recently completed. Proposer must include proof of Cisco registration along with their proposal response. Minimum required service shall include all Cisco switches, Cisco routers, Cisco firewall, licensing, SMARTnet, components, cabling, and related installation and configuration services, as specified in Section V. STATEMENT OF WORK, Services To Be Provided, necessary to ensure a fully operational environment once the project is com plete. E. PROPOSAL FORMAT Vendor shall furnish the City with a proposal to satisfy the requirements set forth in Section V. STATEMENT OF WORK. The proposal shall be comprised of four (4) sections: Section I Organization His Section 11 Project Overview Section III Proposal Forms Section IV Proposal Price Sheet Section I shall include information regarding the vendor's firm, its' history and experience with similar projects. Section II shall include (1) Scope of Work and (2) Project Timeline. Section III shall include all remaining documents or materials required as part of this Request for Proposals, including Non -Collusive Affidavit, Bid Certification, Offeror's Qualification Statement, Reference Form, Vendor Drug Free Workplace Form, List of Sub -consultants or Subcontractors (if applicable), Certified Resolution, Financial Statements, proof of insurance, etc.... Section IV shall be the Proposal Price Sheet. Each proposal must include a table of contents with section numbers for each of the required components of the proposal. Vendors must use the numbering scheme above in their response to allow for efficient evaluation. F. PERFORMANCE SCHEDULE Vendors shall provide a project timeline as requested for project Deliverables. 21 City of Tamarac Purchasing and Contracts Division VI. PROPOSAL SELECTION The City Manager will appoint an Evaluation and Selection Committee to review Proposals. The City reserves the right to select the Proposer who represents the best value, and to accept or reject any proposal submitted in response to this solicitation. The City's Evaluation and Selection Committee will act in what they consider to be the best interest of the City and its residents. Price shall not be the sole determining factor for selection, as indicated in the following section: Mi. EVALUATION OF PROPOSALS A. EVALUATION METHOD AND CRITERIA An Evaluation and Selection Committee has been appointed by the City Manager and will be responsible for selecting the most qualified firm and then negotiating a contract The Proposers with the highest -ranked submittals may be asked to make a detailed presentation of their product/service to the Evaluation and Selection Committee. Al Proposers are advised that in the event of receipt of an adequate number of Proposals which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such Proposals may be evaluated without discussion. Hence, proposals should be initially submitted on the most complete and favorable terms which Proposers are capable of offering to the City. After presentations, firms will be assigned a final score, with the highest -ranked firm moving forward to the negotiation phase. Upon successful negotiation, a recommendation for award will be considered by the City Commission. No work on this project shall proceed without written authorization from the City of Tamarac. The City reserves the right to enter into contract negotiations with the selected Proposer. If the City and the selected Proposer cannot negotiate a successful contract, the City may terminate such negotiations and begin negotiations with thenext selected Proposer. No Proposer shall have any rights against the City arising from such negotiations. The City's evaluation criteria may include, but shall not be limited to, the following: 1. Compliance with Request for Proposals [Mandatory]. This refers to the adherence to all conditions and requirements of the Request for Proposals. 2. Quality of Response i. Clearly demonstrated understanding of the work to be performed. CI 0 ii. Completeness and reasonableness of the offeror's plan/proposal for • accomplishing the tasks. 22 0 I* City of Tamarac Purchasing and Contracts Division 14 • C. iii. Level of creativity demonstrated by the offeror's proposed methodologies for meeting the requirements of this proposal. 3. Services to be Provided and Schedule. This refers to the exact type and nature of the offeror's proposed services and delivery schedule and how they accomplish the objectives of the project, as well as the ability to rapidly respond to the City's needs, as defined in the Evaluation Criteria set forth. The schedule shall be a critical element of this contract. 4. Qualifications of the Contractor. Offeror's capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, and reliability which will assure good faith performance, as well as satisfactory reference verification. This criteria includes: i. The experience of the firm and its record on engagements of a similar nature, including the ability to serve in a similar capacity for other units of government or organizations. ii. Reference information gathered from other entities regarding the past experience of the firm; and iii. Other areas addressed in the Statement of Work herein. 5. Costs (Price). This refers to the proposed contract fee and reimbursement expense budget. (Please note that price is only one factor for consideration of award). i. The offeror shall propose a not -to -exceed amount for complete execution of this project as detailed in the Specifications or Statement of Work herein. ii. If proposing costs which may include alternate programs or services not covered in the base bid pricing, the offeror, when offering such alternative services must provide a detailed explanation of additional optional services to be offered. ACCEPTABLITY OF PROPOSALS The Offer shall be evaluated solely in accordance with the criteria set forth herein. The proposals shall be categorized as follows: 1. Acceptable ; 2. Potentially Acceptable; that is reasonably susceptible of being made acceptable; or 3. Unacceptable. AWARD OF AGREEMENT 23 City of Tamarac Purchasing and Contracts Division Award shall be made by the City to the responsible offeror whose proposal is determined to be the most advantageous to the City, taking into consideration price and the evaluation criteria set forth herein below. The City of Tamarac reserves the right to accept the Proposal as a whole, or for any component thereof if it appears to be in the best interest of the City. D. WEIGHTED CRITERIA Points will be assigned to each proposal based on the following weighted criteria: CRITERIA 1. Compliance with Request for Proposal (Mandatory) 2. Quality of Response 3. Services to be Provided and Schedule 4. Qualifications of the Proposer/Expertise 5. Costs/(Price) MAXIMUM POINTS «o 10 points 20 points 20 points 50 points TOTAL: 100 Points These weighted criteria are provided to assist Proposers in the allocation of their time and efforts during the proposal preparation process. The criteria also guide the Evaluation Committee during the short -listing and final ranking of proposers by establishing a general framework for those deliberations. Once the Proposals are evaluated, a "short-list" may be selected to make presentations to the Evaluation and Selection Committee, prior to a recommendation for award. E. DISCUSSIONS & PRESENTATIONS The short-listed Proposers may be requested to make presentations to the Committee. The City may require additional information after evaluation of the submittals, and Proposers agree to furnish such information upon the City 's request. All Proposers are advised that in the event of receipt of an adequate number of proposals, which in the opinion of the Evaluation Committee require no clarification and/or supplementary information, such proposals may be evaluated without discussion or need for presentations. Hence, proposals should be initially submitted on the most complete and favorable terms which offerors are capable of offering tothe City. The Evaluation Committee may conduct discussions with any Proposerwho submits an acceptable or potentially acceptable proposal. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. The Evaluation Committee reserves the right to request the Proposer to provide additional information during this process. C� 0 24 0 0 City of Tamarac Purchasing and Contracts Division F. RIGHT TO REJECT PROPOSALS To the extent permitted by applicable state and federal laws and regulations, City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price, time or changes in the work, and to disregard all nonconforming, non- responsive, unbalanced or conditional Proposals. Proposals will be considered irregular and may be rejected if they show serious omissions, alterations in form, additions not called for, conditions, unauthorized alterations, or irregularities of any kind. City reserves the right to reject any Proposal if City believes that it would not be in its best interest to make an award to a particular Proposer, either because the Proposal is not responsive, the Proposer is unqualified, of doubtful financial ability, or fails to meet any other pertinent criteria established by City within the scope of this solicitation. VIII. PROPOSAL COPIES Return One (1) Original and five (5) copies in an envelope marked with your firm's name and "RFP 15-15R Cisco Network Infrastructure Replacement" to the City of Tamarac, Purchasing & Contracts Division, 7525 NW 88 Avenue, Room #108, Tamarac, Florida 33321, attention: Steven J. Beamsde rfe r, Buyer. Any addenda become part of this Request of Proposal and the resulting agreement. The Proposal Form included herein should be signed by an authorized company representative, dated and returned with the Proposal. No negotiations, decisions or actions shall be initiated or executed by the Proposer as a result of any discussions with any City employee. Only those communications that are issued in writing from the Purchasing & Contracts Division may be considered as a duly authorized expression. Also, only communications from Proposers that are signed in and in writing will be recognized by the City as duly authorized expressions on behalf of the Proposer. Failure to include a complete Cost/Price Proposal may result in disqualification of the Proposal. CONTACT WITH PERSONNEL OF THE CITY OF TAMARAC OTHER THAN THE PURCHASING AND CONTRACTS MANAGER OR DESIGNATED REPRESENTATIVE REGARDING THEIR REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS. 25 City of Tamarac Purchasing and Contracts Division COMPANY NAME: (Please Print): Phone: Fax: BEFORE SUBMITTING YOUR PROPOSAL, MAKE SURE YOU... El 1. Carefully read the General Terms &Conditions, Special Conditions and the General Requirements. ❑ 2. Provide a Proposal, using Proposal Response Format and Proposal Price Sheet. El 3. Fill out and sign the Non -Collusive Affidavit and have it properly notarized. F-1 4. Provide PROOF of CISCO Registration ❑ 5. Provide Performance Schedule ❑ 6. Sign the Certification page. Failure to do so will result in your Bid being deemed non -responsive. F-1 7. Fill out the Offeror's Qualification Statement and Reference Form. [:18. Sign the Vendor Drug Free Workplace Form. F-1 9. Fill out the List of Sub -consultants or Subcontractors, if applicable. [:110. Fill out and sign the Certified Resolution. ❑ 11. Include all necessary Financial Statements requested. ❑ 12. Include proof of insurance. ❑ 13. Provide any additional documentation requested within the Proposal Document. ❑ 14. Submit ONE (1) Original AND the number of copies requested in the Proposal Instructions. Clearly mark the sealed container with the PROPOSALNUMBER AND PROPOSAL NAME on the outside of the package. Make sure your Proposal is submitted PRIOR to the deadline. Late Proposals wi I I not be accepted. Failure to provide the requested attachments may result in your proposal being deemed non -responsive. THIS SHOULD BE THE FIRST PAGE OF YOUR PROPOSAL. 0 0 0 26 ]-A I u I City of Tamarac Purchasing and Contracts Division RFP 15-15R CISCO NETWORK INFRASTRUCTURE REPLACEMENT SUBMITTED BY: Company Name: Address: City: Telephone: Email: FAX: State: Authorized Signature Title Typed/Printed Name Zip: The City of Tamarac desires to have the ability to use a city credit card for payment. Will your firm accept a Visa credit card as payment from the City of Tamarac? ❑ Yes ❑ No NOTE: To be considered eligible for award, one (1) original copy of this proposal form must be submitted with the Proposal. NO BID INDICATION (IF "NO BID" IS OFFERED): Please indicate reason(s) why a Proposal is not being submitted at this time. 27 City of Tamarac Purchasing and Contracts Division PROPOSAL RESPONSE FORMAT RFP 15-15R CISCO NETWORK INFRASTRUCTURE REPLACEMENT USE THE FOLLOWING AS A GUIDE TO ENSURE THE COMPLETENESS OF YOUR PROPOSAL: Table of Contents Section I: Organization History Section II: Project Overview A. Scope of Work B. Project Timeline Section III: Proposal Forms A. Forms required for this Proposal (see Proposal Checklist) Section IV: Proposal Price Sheet A. Be sure your pricing includes all costs for: i. Hardware ii. Licensing iii. SMARTnet iv. Components and Cabling V. Installation and Configuration Services vi. Trade-in Option 0 0 0 28 n u Is City of Tamarac Purchasing and Contracts Division Proposal Price Sheet RFP 15-15R (to be placed in Section IV of Proposal, electronic copy attached as Exhibit 2) 1 N9K-C9372PX B18Q 2 Nexus 9372PX with 8 QSFP-40G-SR-BD N/A 1 $0.00 2 CON-SNTP-72PXBISQ SMARTNET 24X7X4 2 Nexus 9372PX with 60 month(s) 1 $0.00 3 N9K-C9372PX-BUN Nexus 9372PX bundle PID N/A 1 $0.00 4 CON-SNTP-9372PXBN SMARTNET 24X7X4 Nexus 9372PX bundle PID 60 month(s) 1 $0.00 5 NU-0064-ACC-KIT Nexus 3064PQ Accessory Kit N/A 1 $0.00 6 QSFP-40G-SR-BD QSFP40G SO Short -reach Transceiver N/A 4 $0.00 7 NXA-FAN-30CFM-B Nexus 2K/3K/9K Single Fan port side intake airflow N/A 4 $0.00 8 CAB-9K12A-NA Power Cord 125VAC 13A NEMA 5-15 Plug North America N/A 2 $0.00 9 N9K-PAC-650W Nexus 9300 65OW AC PS Port -side Intake N/A 2 $0.00 10 N9KDK9-70311 Nexus 9500 or 9300 Base NX-OS Software Rol 7.0(3)11.x N/A 1 $0.00 11 N93-LIC-PAK N9300 License PAK Expansion N/A 1 $0.00 12 CON-SAU-N93LPAK SW APP SUPP + UPGR N9300 License PAK Ex 60 month(s) 1 $0.00 13 N93-LAN1K9 LAN Enterprise License for Nexus 9300 Platform N/A 1 $0.00 14 N9K C9372PX-BUN Nexus 9372PX bundle PID N/A 1 $0.00 15 CON-SNTP-9372PXBN SMARTNET 24X7X4 Nexus 9372PX bundle PID 60 month(s) 1 $0.00 16 N3K C3064-ACC-KIT Nexus 3064PQ Accessory Kit N/A 1 $0.00 17 QSFP-40G-SR-BD QSFP40G BiDi Short -reach Transceiver N/A 4 $0.00 18 NXA-FAN-30CFM-B Nexus 2K/3K/9K Single Fan port side intake airflow N/A 4 $0.00 19 CAB-9K12A-NA Power Cord 125VAC 13A NEMA 5-15 Plug North America N/A 2 $0.00 20 N9K-PAC-65OW Nexus 9300 65OW AC PS Port -side Intake N/A 2 $0.00 21 N9KDK9-70311 Nexus 9500 or 9300 Base NX-OS Software Rol 7.0(3)11.x N/A 1 $0.00 22 N93-LIC-PAK N9300 License PAK Expansion N/A 1 $0.00 23 CON-SAU-N93LPAK SW APP SUPP + UPGR N9300 License PAK Ex 60 month(s) 1 $0.00 24 N93-LAN1K9 LAN Enterprise License for Nexus 9300 Platform N/A 1 $0.00 25 QSFP-H40G-CU1M= 40GBASE-CR4 Passive Copper Cable 1m N/A 4 $0.00 $0.00 26 N3K-C3048TP-1GE Nexus 3048TP-1GE 1RU 48 x 10/100/1000 and 4 x 10GE ports N/A 1 $0.00 27 CON-SNTP48TPlGE SMARTNET 24X7X4 Nexus 304STP-1GE 1RU 481GE410GE ports 60 month(s) 1 $0.00 28 N3K C3064-ACC-KIT Nexus 3064PQ Accessory Kit N/A 1 $0.00 29 NU-0048-13AS11(9 Nexus 3048 Base License N/A 1 $0.00 30 N3K-C3048-FAN Nexus 3048 Fan Module Port -side Exhaust N/A 1 $0.00 31 N3KUK9-602U4.1 NX-OS Release 6.0(2)U4(1) N/A 1 $0.00 32 N2200-PAC-40OW N2K/N3K AC Power Supply Std airflow (port side exhaust) N/A 2 $0.00 33 CAB-9K12A-NA Power Cord 125VAC 13A NEMA 5-15 Plug North America N/A 2 $0.00 34 SFP-HIOGB-CU1M 10GBASE-CU SFP+ Cable 1 Meter N/A 2 WOO 35 WS-C296OX-48FPD-L Catalyst 2960-X 48 GigE PoE 74OW 2 x 10G SFP+ LAN Base N/A 2 $0.00 36 CON-SNTP-WSC296XL SMARTNET 24X7X4 Catalyst 2960-X 48 GigE PoE 74OW 2 x 10 60 month(s) 2 $0.00 37 CAB-16AWG-AC AC Power cord 16AWG N/A 2 $0.00 38 C296OX STACK Catalyst 2960-X FlexStack Plus Stacking Module N/A 2 $0.00 39 CAB-STK E-O.SM Cisco FlexStack 50cm stacking cable N/A 2 $0.00 40 SFP-HIOGB-CU1M 10GBASE-CU SFP+ Cable 1 Meter N/A 2 $0.00 41 WS-C2960X-24PSQ L Catalyst 2960-X 24 GigE PoE 92W (8 ports) 2 x SFP, N/A 1 $0. 2 x 10/100/1000 LAN Base 42 CON-SNTP-WSC224QL SMARTNET 24X7X4 Catalyst 2960-X 24 GigE PoE 92W 60 month(s) 1 $0. 43 CAB-16AWG-AC AC Power cord 16AWG N/A 1 $0. 29 45 C2911-CME-SRST/K9 2911 Voice Bundle w/PVDM3-16 FL-CME-SRST-25 UC Lic FL- N/A 3 $0. CUSE10 46 CON-SNTP-2911CMST SMARTNET 24X7X4 2911 Voice Bundle w/ UC License PAK 60 month(s) 3 $0. 47 MEM-2900-512U2.5G8 512MB to 2.5GS DRAM Upgrade (2GB+512MB) for Cisco 2901- N/A 3 $0. 2921 48 MEM-CF-256U2GB 256MB to 2GB Compact Flash Upgrade for Cisco 190029003900 N/A 3 $0. 49 PWR-2911-AC Cisco 2911 AC Power Supply N/A 3 $0. 50 CAB -AC AC Power Cord (North America) C13 NEMA 5-15P 2.1m N/A 3 $0. 51 ISR-CCP-EXP Cisco Config Pro Express on Router Flash N/A 3 $0. 52 PI-MSE-PRMO-INSRT Insert Packout - PI-MSE N/A 3 $0. 53 FL-CME-SRST-25 Communication Manager Express or SRST - 25 seat license N/A 3 $0. 54 SL-29-UC-K9 Unified Communication License for Cisco 2901-2951 N/A 3 $0. 55 HWIC-BLANK Blank faceplate for HWIC slot on Cisco ISR N/A 3 $0. 56 SL-29-IPB-K9 IP Base License for Cisco 2901-2951 N/A 3 $0. 57 FL-CUBEE-5 Unified Border Element Enterprise License - 5 sessions N/A 3 $0. 58 SM-S-BLANK Removable faceplate for SM slot on Cisco 290039004400 ISR N/A 3 $0. 59 S29UK9-15303M Cisco 2901-2921 IOS UNIVERSAL N/A 3 $0. 60 FL-SRST Cisco Survivable Remote Site Telephony License N/A 3 $0. 61 FL-CME-SRST-5 Communication Manager Express or SRST - 5 seat license N/A 3 $0. 62 VWIC3-IMFT-T1/E1 1-Port 3rd Gen Multif1ex Trunk Voice/WAN Int. Card - T1/E1 N/A 3 $0. 63 VIC3-4FXS/DID Four -Port Voice Interface Card - FXS and DID N/A 3 $0. 64 VIC2-4FXO Four -port Voice Interface Card - FXO (Universal) N/A 3 $0. 65 PVDM3-16U64 PVDM316-channel to 64-channel factory upgrade N/A 3 $0. 66 ASASS12-FPWR-BUN ASA 5512-X with FirePOWER Svcs. Chassis and Subs. Bundle N/A 1 $0. 67 ASA5512-FPWR-K9 ASA 5512-X with FirePOWER Services 6GE AC 3DES/AES SSD N/A 1 $0. 68 CON-SNTP-Al2FPK9 SMARTNET 24X7X4 ASA 5512-X with FirePOWER Services, 6GE, 60 month(s) 1 $0. 69 SF-FP5.3.1-K9 Cisco FirePOWER Software v5.3.1 N/A 1 $0. 70 ASASS12-CTRL-LIC Cisco ASASS12 Control License N/A 1 $0. 71 SF-ASA-X-9.2.248 ASA 9.2.2 Software image for ASA 5500-X Series,5585-X,ASA-SM N/A 1 $0. 72 ASA5500-SSL-10 ASA 5500 SSL VPN 10 Premium User License N/A 1 $0. 73 ASA-AC-M-5512 AnyConnect Mobile - ASA 5512-X (req. Essentials or Premium) N/A 1 $0. 74 CAB -AC AC Power Cord (North America), C13, NEMA 5-15P, 2.1m N/A 1 $0. 75 ASA-AC-PH-5512 AnyConnect VPN Phone License - ASA 5512-X (req Premium lic) N/A 1 $0. 76 ASA-VPN-CLNT-K9 Cisco VPN Client Software (Windows, Solaris, Linux, Mac) N/A 1 $0. 77 ASA5500-ENCR-K9 ASA 5500 Strong Encryption License (3DES/AES) N/A 1 $0. 78 ASA5512-MB ASA 5512 IPS Part Number with which PCB Serial is associated N/A 1 $0. 79 ASA-ANYCONN-CSD-K!ASA 5500 AnyConnect Client + Cisco Security Desktop Software N/A 1 $0. 80 ASA5500X-SSD1201NC ASA 5512-X through 5555-X 120GB MLC SED SSD (Ind.) N/A 1 $0. 81 L-ASA5512-TA= Cisco ASA5512 FirePOWER IPS and Apps Licenses N/A 1 $0. 82 L-ASASS12TA-3Y Cisco ASASS12 FirePOWER IPS 3YR Subscription 36 month(s) 1 $0. 83 FS-VMW-2-SW-K9 Cisco FireSIGHT Management Center (VMWare) for 2 devices N/A 1 $0. 84 CON-SAU-VMWSW2 SW APP SUPP + UPGR Cisco FireSIGHT Mane 60 month(s) 1 $0. 86 Trade-in Discount Installation and Configuration Services Trade-in Discount for Cisco Catalyst 4507r Switch Proposers Name: 0 0 r� u 30 0 0 0 City of Tamarac Purchasing and Contracts Division NON -COLLUSIVE AFFIDAVIT State of ) County of ) deposes and says that: 1. )ss. being first duly sworn, He/she is the , Representative or Agent) of Offeror that has submitted the attached Proposal; (Owner, Partner, Officer, the 2. He/she is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; 3. Such Proposal is genuine and is not a collusive or sham Proposal; 4. Neither the said Offeror nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Offeror, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from bidding in connectionwM such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Offeror, firm, or person to fix the price or prices in the attached Proposal or of any other Offeror, or to fix any overhead, profit, or cost elements of the Proposal price or the Proposal price of any other Offeror, or to secure through any collusion, conspiracy, connivance, or unlawful agreementany advantage against (Recipient), or any person interested in the proposed Work; 5. The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Offeror or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. Signed, sealed and delivered in the presence of: Witness Witness Printed Name Title 31 City of Tamarac IPurchasing and Contracts Division ACKNOWLEDGMENT NON -COLLUSIVE AFFIDAVIT State of Florida County of On this the day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledge that he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath C, I* I 32 0 0 I* City of Tamarac Purchasing and Contracts Division CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE PROPOSAL We (I), the undersigned, hereby agree to furnish the items)/service(s) described in the Invitation to Bid. We (I) certify that we(I) have read the entire document, including the Scope of Work, Additional Requirements, Supplemental Attachments, Instructions to Proposers, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Request for Proposals. Indicate which type of organization below: INDMDUAL ❑ If "Other", Explain: Authorized Signature Typed/Printed Name Telephone Fax PARTNERSHIP R Email address for above signer (if any) CORPORATION El Company Name Address City, State, ZIP Federal Tax ID Number OTHER El 33 City of Tamarac Purchasing and Contracts Division OFFEROR'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: SUBMITTED TO: Submitted By: Name: Address: City, State, Zip Telephone No. Fax No. City of Tamarac Purchasing and Contracts 7525 NW 88th Avenue Tamarac, Florida 33321 Manager Check One R Corporation El Partnership El Individual ❑ Other State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Offeror is: The address of the principal place of business is: 1. If Offeror is a corporation, answer the following: a) Date of Incorporation: b) State of Incorporation: c) President's name: d) Vice President's name: e) Secretary's name: D Treasurer's name: g) Name and address of Resident Agent: 0 0 0 34 • 2. City of Tamarac Purchasing and Contracts Division If Offeror is an individual or a partnership, answer the following: h) Date of organization: i) Name, address and ownership units of all partners: j) State whether general or limited partnership: 3. If Offeror is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 4. If Offeror is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 5. How many years has your organization been in business under its present business name? • a) Under what other former names has your organization operate 0 6. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 7. State the names, telephone numbers and last known addresses of three (3) owners, individuals or representatives of owners with the most knowledge of work which you have performed and to which you refer (government owners are preferred as references). Name Address Telephone 8. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 35 City of Tamarac Purchasing and Contracts Division 9. State the name of the individual who will have personal supervision of the work: 10. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Offeror's business and indicate the percentage owned of each such business and/or individual: 11. State the names, addresses and the type of business of all firms that are partially or wholly owned by Offeror: 12. Bank References: I Bank Address Telephone --- - 0 13. Attach a financial statement including Proposer's latest balance sheet and income statement showing the following items: a) Current Assets (e.g., cash, joint venture accounts, accounts receivable, notes receivable, accrued income, deposits, materials, real estate, stocks and bonds, equipment, furniture and fixtures, inventory and prepaid expenses): b) Net Fixed Assets c) Other Assets d) Current Liabilities (e.g., accounts payable, notes payable, accrued expenses, provision for income taxes, advances, accrued salaries, real estate encumbrances and accrued payroll taxes). e) Other Liabilities (e.g., capital, capital stock, authorized and outstanding shares par values, earned surplus, and retained earnings). 14. State the name of the firm preparing the financial statement and date thereof: r� u 36 C, 0 0 City of Tamarac Purchasing and Contracts Division 15. Is this financial statement for the identical organization named on page one? ❑ YES D NO 16. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 37 City of Tamarac Purchasing and Contracts Division The Offeror acknowledges and understands that the information contained in response tothis Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Offeror to be true. The discovery of any omission or misstatement that materially affects the Offeror's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. Signature State of County of On this the ACKNOWLEDGEMENT OFFEROR'S QUALIFICATION STATEMENT day of , 20 , before me, the undersigned Notary Public of the State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose name(s) is/are Subscribed to within the instrument, and he/she/they acknowledgethat he/she/they executed it. WITNESS my hand and official seal. NOTARY PUBLIC SEAL OF OFFICE: mf NOTARY PUBLIC, STATE OF FLORIDA (Name of Notary Public: Print, Stamp, or Type as Commissioned) ❑ Personally known to me, or ❑ Produced identification: (Type of Identification Produced) ❑ DID take an oath, or ❑ DID NOT take an oath 0 Is 0 r� u City of Tamarac Purchasing and Contracts Division REFERENCES Please list government agencies and/or private firms with whom you have done business during the last five years: Your Company Name Address City State Zip Phone/Fax E-mail Agency/Firm Name: Address City State Zip P hone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name Agency/Firm Name: Address City State Zip P hone/Fax Contact Name Agency/Firm Name: Address City State Zip Phone/Fax Contact Name 0 39 City of Tamarac Purchasing and Contracts Division VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement affects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE PROPOSALS - Preference may be given to businesses with drug - free workplace programs. Whenever two or more proposals that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie proposals will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 17. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 18. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 19. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 20. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 21. Impose a section on, or require the satisfactory participation in a drug abuse assistanceor rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 22. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this form complies fully with the above requirements. Authorized Signature Company Name 40 0 A 0 City of Tamarac Purchasing and Contracts Division CERTIFIED RESOLUTION I, (Name), the duly elected Secretary of (Corporate Title), a corporation organized and existing under the laws of the State of , do hereby certify that the following Resolution was unanimously adopted and passed by a quorum of the Board of Directors of the said corporation at a meeting held in accordance with law and the by-laws of the said corporation. "IT IS HEREBY RESOLVED THAT I (Name)", the duly elected (Title of Officer) of (Corporate Title) be and is hereby authorized to execute and submit a Bid and/or Bid Bond, if such bond is required, to the City of Tamarac and such other instruments in writing as may be necessary on behalf of the said corporation; and that the Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said corporation as its own acts and deeds. The secretary shall certify the names and signatures of those authorized to act by the foregoing resolution. The City of Tamarac shall be fully protected in relying upon such certification of the secretary and shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or damage resulting from or growing out of honoring, the signature of any person so certified or for refusing to honor any signature not so certified. I further certify that the above resolution is in force and effect and has not been revised, revoked or rescinded. • I further certify that the following are the name, titles and official signatures of those persons authorizedto act by the foregoing resolution. NAME TITLE Given under my hand and the Seal of the said corporation this (SEAL) By: NOTE: day of SIGNATURE , 20 Secretary Corporate Title The above is a suggested form of the type of Corporate Resolution desired. Such form need not be followed explicitly, but the Certified Resolution submitted must clearly show to the satisfaction of the City • of Tamarac that the person signing the Bid and Bid Bond for the corporation has been properly 41 City of Tamarac Purchasing and Contracts Division empowered by the corporation to do so in its behalf 2 L-1 0 r� U City or Tamarac Purchasing and Contracts Division SAMPLE FORM AGREEMENT BETWEEN THE CITY OF TAMARAC THIS AGREEMENT is made and entered into this day of , 20 , by and between the City of Tamarac, a municipal corporation with principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and , a corporation with principal offices located at (the "Consultant") to provide for Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Consultant agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, Document No including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Consultant, specifications, bond(s), (if applicable), and insurance certificate(s), the City Resolution awarding the project, and all modifications issued after execution of this Agreement. These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail. 2) The Work 2.1. The Consultant shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Consultant shall furnish all labor, materials, and equipment necessaryto 2.1.2 Consultant shall 2.1.3 Consultant shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Consultant shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Consultant shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Consultant's expense. 2.1.4 Consultant shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by 43 City of Tamarac Purchasing and Contracts Division inclement weather. 2.1.5 Consultant shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Consultant, its employees, agents or sub -consultants, if any, with respect to the work and services described herein. 3) Insurance 3.1. Consultant shall obtain at Consultant's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Consultant shall maintain such insurance in full force and effect during the life of this Agreement. Consultant shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Consultant will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Consultant shall indemnify and hold the City harmless for any damages resulting from failure of the Consultant to take out and maintain such insurance. Consultant's Liability Insurance policies shall be endorsed to add the Cityasan additional insured. Consultant shall be responsible for payment of all deductibles and self-insurance retentions on Consultant's Liability Insurance policies. 4) Schedule The work to be performed under this Agreement shall be commenced after City execution of this Agreement. The work shall be completed no later than 5) Contract Sum The Contract Sum for the above work is Dollars and 6) Payments , 20 cents ( ). The City shall pay in full the Contract Sum to the Consultant upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Consultant for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 44 0 0 0 r� 0 City of Tamarac Purchasing and Contracts Division 7) Indemnification 7.1. GENERAL INDEMNIFICATION: Consultant shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Consultant, any sub - Consultant, anyone directly or indirectly employed by any of them, or anyonefor whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Consultant in the performance of the Work; or c). liens, claims or actions made by the Consultant or any sub - consultant under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borneby the Consultant. 7.2. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3. The Consultant shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. 7.4. The City and Consultant recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Consultant and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10-00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Consultant. Furthermore, the City and Consultant understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Consultant's responsibility to indemnify. 7.5 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Consultant under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 45 City of Tamarac Purchasing and Contracts Division 8) Non -Discrimination & Equal Opportunity Employment During the performance of the Contract, the Contractor and its sub -contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub- contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its sub -contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub -contractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Consultant is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and theme Unemployment Insurance law. The Consultant shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Consultant's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Consultant, which policies of Consultant shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Consultant's funds provided for herein. The Consultant agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Consultant and the City and the City will not be liable for any obligation incurred by Consultant, including but not limited to unpaid minimum wages and/or overtime premiums. 10) Assignment and Subcontracting Consultant shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) Notice Whenever either party desires or is required under this Agreement to give notice toany 0 0 0 0 City of Tamarac Purchasing and Contracts Division other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONSULTANT 12) Termination • 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Consultant for such termination in which event the Consultant shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Consultant abandaislhis Agreement or causes it to be terminated, Consultant shall indemnify the city against loss pertaining to this termination. 0 12.2 Default by Consultant: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Consultant neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Consultant of written notice of such neglect or failure. 13) Public Records 13.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 13.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 47 City of Tamarac IPurchasing and Contracts Division 13.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 13.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 13.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 13.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 12 "Termination" herein. 14) Uncontrollable Forces 14.1 Neither the City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 15) Agreement Subject to Funding CI This agreement shall remain in full force and effect only as long as the expenditures • 48 0 0 City of Tamarac Purchasing and Contracts Division provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 16) Venue This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 17) Signatory Authority The Consultant shall provide the City with copies of requisite documentation evidencing that the signatory for Consultant has the authority to enter into this Agreement. 18) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non- enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Consultant and theCityy, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Consultant and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 21) Budgetary Constraints In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be 49 City of Tamarac Purchasing and Contracts Division reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. Remainder of Page Intentionally Blank 50 0 0 r� u 0 I* City of Tamarac Purchasing and Contracts Division IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONSULTANT, signing by and through its , duly authorized to execute same. ATTEST: Patricia A. Teufel, CIVIC City Clerk Date ATTEST: (Corporate Secretary) Type/Print Name of Corporate Secy. (CORPORATE SEAL) CITY OF TAMARAC Harry Dressler, Mayor Date Michael C. Cernech, City Manager Date: Approved as to form and legal sufficiency: City Attorney Company Name Signature of President/Owner Type/Print Name of President/Owner Date 51 City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF :SS COUNTY OF I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , of , 0 Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this _ day of 120 Signature of Notary Public State of Florida at Large Print, Type or Stamp Name of Notary Public EJ Personally known to me or 1:1 Produced Identification Type of I.D. Produced El DID take an oath, or F-1 DID NOT take an oath. 52 0 0 0 I 0 0 0 0 0 0 0 ti AW 0 0 E 0 C, 0 0 u r� u 0 r I L-1 0 0 Lij Lu a_ 0 o o". o 6: L6 c; C; C; Lo� Ul) c'! 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O C X _J a� 04-J L i V Ln c 3 E Ln O :t + u S u a. w t c � a C 00 M O O C . Uj. > O ,N U V V a a X O Z O N O N CL 0 r-i o r-I o > Ln Ln Ln Ln U O Ln Ln Ln Ln Q U Q Q Q Q Y U Z i rN-I (L 1 z Z cam Z O = V I uj I U X O � Z O U a > Ln Ln Q Ln Ln a a a a a Q to (o (n Ln (n Ln a a a a a a Ln ICJ 1� 00 m O N N N c Q c = E z E l0 O LU M w U .5 N N L 0 N O CU C fl- u O Q m (u(A Ln �, � G1 O WW E vvi ( C3 ca U- (% � � Ln L`n n L O (A (A a a U- 0- 0 O O Q u u u Vf N N U V V to N > M Q ~ Y �- rq �: > Ln Lin N `Z Ln < `� cc: Z ,Q J C O LL rn 00 00 00 N u cn O cv V c m 0 v m 4-+ N N Q� O V) Ln 00 a z L O Ln RT -J N V O L- 0 C O 0 O "a fa L F— Ln 4- 0 Ln (U buo CL u 0 0 0 0 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always" ADDENDUM NO. 1 RFP NO.15-15R CISCO NETWORK INFRASTRUCTURE REPLACEMENT DATE OF ADDENDUM: MARCH 26, 2015 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for RFP No. 15-15R. 1. Q: Will you accept products other than Cisco? A: Responses should include pricing for equipment and service specified in the RFP. 2. Q: Please advise if RFP #15-15R is for the purchase of equipment only or if installation /configuration services are also required. A: Both installation and configuration services are to be provided as well. Per Section V — Statement of Work — , g - Services to be Provided — , (5), the selected vendor is to be onsite after hours, on a weekend (as scheduled by the City), to physically remove the old switches and routers, and to physically install the new switches and routers. City IT Staff will also be present, and will assist with the physical installation/removal as well. Please return and/or acknowledge this Addendum 2— by 2:00 PM local time to Tamarac City Hall, 33321. NAME OF PROPOSER: No.1 with your bid submittal due April 7 RM 108, 7525 NW 88 Ave., Tamarac, FL 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ vwwv.tamarac.org Equal Opportunity Employer 0 I 40 CITY OF TAMARAC PURCHASING AND CONTRACTS DIVISION 7525 NW 88T" AVENUE TAMARAC, FL 33321 "Committed to Excellence... Always" ADDENDUM NO. 2 RFP NO.15-15R CISCO NETWORK INFRASTRUCTURE REPLACEMENT DATE OF ADDENDUM: APRIL 1, 2015 TO ALL PROSPECTIVE PROPOSERS: The following clarifications, changes, additions and/or deletions are hereby made part of the Contract Documents for RFP No. 15-15R. 1) Q: Will the RFP response include quotes for copper patch cabling to connect devices to the LAN switching infrastructure A: Cabling to be provided by the respondents has been specified in the RFP. For example, cabling such as the 1 Meter 40GBASE-CR4 Passive Copper Cables, 1 Meter 10GBASE-CU SFP+ Cables and the 7 Meter 10GBASE-CU SFP+ Cables has been listed within the RFP and also on Exhibit 2 — Proposal Price Sheet. Any additional cables outside of those already listed in the RFP or on Exhibit 2 will be provided by the City of Tamarac. 2) Q: Should the RFP response include travel and expense for the installation. A: Yes. Please include any and all travel related expenses (or other related expenses) as part of your response in Exhibit 2 — Proposal Price Sheet under the section Installation and Configuration Services. 3) Q: Is a full blown Project Plan required or just a high level sequence of events? A: This is to be considered a project; however, a full blown project plan is unnecessary. Our expectation is, however, that the selected vendor as well as our IT staff will participate in conference calls throughout the course of the project to 7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamarac.org Equal Opportunity Employer discuss the project goals, timeline, steps, implementation plan, etc... in order to plan accordingly for the switch, router and firewall replacements. 4) Q: Are there dates in mind that need to be considered? 2 month project? 6 month project? Constraints? Drop Dead Dates? A: Ideally, barring unforeseen delays or other issues and irrespective of lead times for Cisco equipment orders, we would like to have the project completed within two (2) months of Award by the City Commission, meaning by the end of June or mid July 2015. This is not a 6 month project. We do not have constraints or drop dead dates; however, this project must be completed before the City is able to move forward with other projects. All things considered, we would like to move forward with the project as quickly as possible. 5) Q: Can you provide a BOM of what is already owned/currently installed in environment? A: The City of Tamarac's network currently extents to eighteen (18) physical locations. Most locations are connected by a high speed fiber network. Other remote locations are connected via wireless connection. The majority of network equipment was purchased in 2005 and are Cisco Catalyst 3560 switches. The current Network Operations Center Switching Infrastructure (which will be replaced) includes a Cisco Catalyst 4507r switch and add additional Cisco Catalyst 3560 switches. These will be replaced by the Cisco Nexus 9372PX switches, Cisco Nexus 3048TP-1 GE switch, and Cisco Catalyst 2960-X switches. The current Telephony Infrastructure (which will be replaced) at the Network Operations Center and City Hall includes Cisco 2821 routers. At the Community Center, there is a Cisco 2801 router. These will be replaced by the Cisco 2911 Integrated Services Router (ISR). The current Security Infrastructure (which will be replaced) at the Network Operations Center includes a Cisco ASA5510 firewall. This will be replaced by the Cisco ASA 5512-X firewall. Full details, network diagram and current configuration files will be provided to the selected vendor. 6) Q: What are the Locations for installation? A: IT/Utilities Building 10101 State Street Tamarac, FL 33321 City Hall I* 0 0 L-1 I* 0 7525 NW 88t" Avenue Tamarac, FL 33321 Community Center 8601 W. Commercial Blvd. Tamarac, FL 33321 7) Q: What is the timeframe required for installation (during business hours, weekend, etc.)? A: Per Section (B) — Services to be Provided, (5), "As this is a production environment, configuration shall be completed prior to cutover. The cutover will scheduled after hours on a weekend." 8) Q: Are there any special instructions for installation? A: As of this moment, all known installation instructions/information has been provided in the RFP. Should any further information or installation instructions arise, the information will be provided to the selected vendor as soon as possible. 9) Q: Do you awarded? need financial Documents attached to bid response or when A: Any required documents should accompany the bid response. 10) Q: Do you need proof of Liability Insurance attached to bid response or when awarded? A: A sample certificate of insurance should accompany your submission. The City does not need to be shown as additionally insured or as the certificate holder on this sample. If awarded, you will be required to submit a certificate of insurance meeting all of the requirements outlined in the RFP before any work may begin. 11) Q; When must a site visit be made? A: A site visit is not required prior to award/selection. After vendor selection, an in - person project kickoff meeting is desired, and thereafter a site visit will only be required for the date/time of actual installation. Please return and/or acknowledge this Addendu 2015 by 2:00 PM local time to Tamarac City Hall, 33321. NAME OF PROPOSER: m No.1 with your bid submittal due April 7 RM 108, 7525 NW 88 Ave., Tamarac, FL 0 ......................................................................................................................................................................................................._.. City of on ......................_._..............._..........._.....................................,...._....._.................................................................................,............................_..........................................................._............_......__. ,............ _ ...._,_...._............. AGREEMENT BETWEEN THE CITY OF TAMARAC AND AIP US, LLC THIS AGREEMENT is made and entered into this day of 20 by and between the City of Tamarac, a municipal corporation Wdh principal offices located at 7525 N.W. 88th Ave., Tamarac, FL 33321 (the "City") and AIP US, LLC, a Florida Foreign limited liability corporation with principal offices located at 2001 Route 46, Waterview Plaza, Suite 310, Parsippany, NJ 07054 (the "Contractor") to provide for replacement of the City's Cisco Network Core Switching Infrastructure, Cisco Telephony Core Routing Infrastructure and Cisco Security Infrastructure including related installation and configuration services. Now therefore, in consideration of the mutual covenants hereinafter set forth, the City and Contractor agree as follows: 1) The Contract Documents The contract documents shall consist of this Agreement, Request for Proposal Document No. 15-15R issued by the City on March 18, 2015 including all conditions therein, (including any General Terms and Conditions, Supplementary Conditions, Statement of Work, or any other provisions contained within the document), any and all addenda, Proposal executed and submitted by the Contractor dated April 7, 2015 including specifications, bond(s), (if applicable), and insurance certificate(s), the City Resolution awarding the project, and all modifications issued after execution of this Agreement, These documents form the Agreement, and all are as fully a part of the Agreement as if attached to this Agreement or repeated therein. In the event of a conflict between this document and any other contract documents, this Agreement shall prevail followed sequentially by the Request for Proposal Document No. 15-15R issued by the City on March 18, 2015, and the Contractor's Proposal dated April 7, 2015. 2) The Work 2.1. The Contractor shall perform all work for the City required by the contract documents as set forth below: 2.1.1 Contractor shall furnish all labor, materials, and equipment necessary to replace the City's Cisco Network Core Switching Infrastructure, Cisco Telephony Core Routing Infrastructure and Cisco Security Infrastructure including related installation and configuration services. 2.1.2 Contractor shall provide Cisco switches, licensing, SMARTnet, components and cabling, as specified below. Cost break down is to be included in proposal. 1 City....o.......f....Tamarac M aa q �r�asirand on...t....r...c..a.....c.......t...s...... .............i...v......i....�.....i...o.......n ._................_......_..._.............................................._..._. �.................................................._..........._..........................................................................................................1._...__..._..........._...�...... 2.1.3 Contractor shall supervise the work force to ensure that all workers conduct themselves and perform their work in a safe and professional manner. Contractor shall comply with all OSHA safety rules and regulations in the operation of equipment and in the performance of the work. Contractor shall at all times have a competent field supervisor on the job site to enforce these policies and procedures at the Contractor's expense. 2.1.4 Contractor shall provide the City with seventy-two (72) hours written notice prior to the beginning of work under this Agreement and prior to any schedule change with the exception of changes caused by inclement weather. 2.1.5 Contractor shall comply with any and all Federal, State, and local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement, which are applicable to the Contractor, its employees, agents or sub -Contractors, if any, with respect to the work and services described herein. 3) Insurance 3.1. Contractor shall obtain at Contractor's expense all necessary insurance in such form and amount as specified in the original bid or proposal document or as required by the City's Risk and Safety Manager before beginning work under this Agreement including, but not limited to, Workers' Compensation, Commercial General Liability, and all other insurance as required by the City, including Professional Liability when appropriate. Contractor shall maintain such insurance in full force and effect during the life of this Agreement. Contractor shall provide to the City's Risk and Safety Manager certificates of all insurances required under this section prior to beginning any work under this Agreement. The Contractor will ensure that all subcontractors comply with the above guidelines and will retain all necessary insurance in force throughout the term of this agreement. 3.2. Contractor shall indemnify and hold the City harmless for any damages resulting from failure of the Contractor to take out and maintain such insurance. Contractor's Liability Insurance policies shall be endorsed to add the City as an additional insured. Contractor shall be responsible for payment of all deductibles and self-insurance retentions on Contractor's Liability Insurance policies. 4) Schedule The work to be performed under this Agreement shall be commenced after City execution of this Agreement. The work shall be completed no later than Seven (7) Days after contractor begins work on -site. 2 1 1 1 ....................................................................................................................................................._....................................................................................................................................................._.................................................................................. _ _.....,,_...,.....................ion . _.._ _. .....w..... 5) Contract Sum The Contract Sum for the above work shall not exceed One Hundred Three Thousand Nine Hundred Ninety -Four Dollars and Seventy- Six Cents ($103,994.76) as well as a Trade-in Allowance of Five Thousand Nine Hundred Ninety -Seven Dollars and Five Cents ($5,997.05) for a net total after Trade-in of Ninety -Seven Thousand Nine Hundred Ninety -Seven Dollars and Seventy -One cents ($97,997.71). 6) Payments The City shall pay in full the Contract Sum to the Contractor upon completion of the work listed in Paragraph 2 of this Agreement unless the parties agree otherwise. The City shall pay the Contractor for work performed subject to the specifications of the job and subject to any additions and deductions by subsequent change order provided in the contract documents. All payments shall be governed by the Local Government Prompt Payment Act, F.S., Part VII, Chapter 218. 7) Indemnification 7.1. GENERAL INDEMNIFICATION: Contractor shall, in addition to any other obligation to indemnify the City and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the City, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged: a). Bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting, or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any sub - Contractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable in the performance of the Work; or b). violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; or c). liens, claims or actions made by the Contractor or any sub -Contractor under workers compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, incurred by the City to enforce this agreement shall be borne by the Contractor. 7.2. Upon completion of all Services, obligations and duties provided for in this Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive indefinitely. 7.3. The Contractor shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney's fees (including appellate attorney's fees) and costs. VJ _.......................................................!�ity of Tamarac 1PMr111k1Md1J=[iQ� Air....��r.��:�...c:w Div%:........... 7.4. The City and Contractor recognize that various provisions of this Agreement, including but not limited to this Section, provide for indemnification by the Contractor and requires a specific consideration be given there for. The Parties therefore agree that the sum of Ten Dollars and 00/100 ($10-00), receipt of which is hereby acknowledged, is the specific consideration for such indemnities, and the providing of such indemnities is deemed to be part of the specifications with respect to the services to be provided by Contractor. Furthermore, the City and Contractor understand and agree that the covenants and representations relating to this indemnification provision shall serve the term of this Agreement and continue in full force and effect as to the City's and the Contractor's responsibility to indemnify. 7.5 City reserves the right to select its own legal counsel to conduct any defense in any such proceeding and all costs and fees associated therewith shall be the responsibility of Contractor under the indemnification agreement. Nothing contained herein is intended nor shall it be construed to waive City's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. 8) Non -Discrimination &Equal Opportunity Employment During the performance of the Contract, the Contractor and its sub -contractors shall not discriminate against any employee or applicant for employment because of race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity and expression, or disability if qualified. The Contractor will take affirmative action to ensure that employees and those of its sub -contractors are treated during employment, without regard to their race, color, sex including pregnancy, religion, age, national origin, marital status, political affiliation, familial status, sexual orientation, gender identity or expression, or disability if qualified. Such actions must include, but not be limited to, the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor and its sub -contractors shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor further agrees that he/she will ensure that all sub -contractors, if any, will be made aware of and will comply with this nondiscrimination clause. 9) Independent Contractor This Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that the Contractor is an independent contractor under this Agreement and not the City's employee for any purposes, including but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment Insurance law. The Contractor shall retain sole and absolute discretion in the judgment of the manner and means of carrying out Contractor's M ............._...................................................���;�����..r���_ �_ .._..�vi�.��.��Cif of Tamarac . ....... .... ..........................................................._._........................................................................_..........._.._. _..........................._....... activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement shall be those of Contractor, which policies of Contractor shall not conflict with City, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise from the City, that it had full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Agreement shall not be construed as creating any joint employment relationship between the Contractor and the City and the City will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 10) Assignment and Subcontracting Contractor shall not transfer or assign the performance required by this Agreement without the prior consent of the City. This Agreement, or any portion thereof, shall not be subcontracted without the prior written consent of the city. 11) Notice Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice either delivered in person, sent by U.S. Certified Mail, U.S. Express Mail, air or ground courier services, or by messenger service, as follows: CITY City Manager City of Tamarac 7525 N.W. 88th Avenue Tamarac, FL 33321 With a copy to City Attorney at the following address: Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL 33308 CONTRACTOR AIP US, LLC 80 SW 8th Street, Suite 2000 Miami, FL 33130 ATTN: Jkohut@aip-us.com Telephone: (954) 648-1059 Fax: (973) 577-4547 Jkohut@aip-us.com 5 _.............._................__.__.__..._.._..._............_..............................t.......�........�.... .__...M...._......._.....m................�...�..........t...�..........D.........i...v......%....�.....i...�.......rCif of ar�ara Pun. r ..... . . ............................................................................................................_._. 12) Termination 12.1 Termination for Convenience: This Agreement may be terminated by the City for convenience, upon seven (7) days of written notice by the City to the Contractor for such termination in which event the Contractor shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the Contractor abandons this Agreement or causes it to be terminated, Contractor shall indemnify the city against loss pertaining to this termination. 12.2 Default by Contractor: In addition to all other remedies available to the City, this Agreement shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. 13) Public Records 13.1 The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 13.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 13.1.2 Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 13.1.3 Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 13.1.4 Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. 13.2 The failure of Contractor to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in Article 12 "Termination" herein. City o. TamaracContractsDivision.................................... ..W. 14) 15) 16) 17) 18) Uncontrollable Forces 14.1 Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 14.2 Neither party shall, however, be excused from performance if nonperformance is due to forces, which are preventable, removable, or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. Agreement Subject to Funding This agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Tamarac in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Venue This Agreement shall be governed by the hereafter in force. The venue for actions Broward County, Florida. Signatory Authority laws of the State of Florida as now and arising out of this agreement is fixed in The Contractor shall provide the City with evidencing that the signatory for Contractor Agreement. Severability; Waiver of Provisions copies of requisite documentation has the authority to enter into this Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provisions in any other jurisdiction. The non -enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of KA _gity of Tamarac ' M .Y M M M ♦ / 'Y ♦ `I� M .. �`c�r�Atr�.tiirr� ��rr�� ��r��,��:��.�� r�rr��ror�r .. ..... .... _. ,�T....._.........................._........................... _w.._,......................................................................................... this Agreement. 19) Merger; Amendment This Agreement constitutes the entire Agreement between the Contractor and the City, and negotiations and oral understandings between the parties are merged herein. This Agreement can be supplemented and/or amended only by a written document executed by both the Contractor and the City. 20) No Construction Against Drafting Party Each party to this Agreement expressly recognizes that this Agreement results from the negotiation process in which each party was represented by counsel and contributed to the drafting of this Agreement. Given this fact, no legal or other presumptions against the party drafting this Agreement concerning its construction, interpretation or otherwise accrue to the benefit of any party to the Agreement, and each party expressly waives the right to assert such a presumption in any proceedings or disputes connected with, arising out of, or involving this Agreement. 21) Budgetary Constraints In the event the City is required to reduce contract costs due to budgetary constraints, all services specified in this document may be subject to a permanent or temporary reduction in budget. In such an event, the total cost for the affected service shall be reduced as required. The Contractor shall also be provided with a minimum 30-day notice prior to any such reduction in budget. Remainder of Page Intentionally Blank IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and CONTRACTOR, signing by and through its President, duly authorized to execute same. Patricia A. Teufel, CIVIC City Clerk Ic a i Date ATTEST: (Corporate retary) Min Wang Type/Print Name of Corporate Secy. (CORPORATE SEAL) no CIV-KOF TAMARAC Harry/Dres6fer, Mayor Da Michael . Cernech, City Date: Imo•• �i�-• • • orney AIP US, LLC Company Name Signature of P(Oident nager nd legal sufficiency: Min Wang President /KV) -n / - 100000' — City of Tamarac Purchasing and Contracts Division CORPORATE ACKNOWLEDGEMENT STATE OF \fiv-2 i dltc,, .SS COUNTY OF , ,r-- I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared Min Wang, President of, of AIP US, LLC a Florida Foreign Limited Liability Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS m hand and official seal this-3`0da of , 20 . y _ y ..tom Signature of Notary Public State of i.d,,--%. at Large vl�(3 % V) 1'1" i I'sm Print, Type or Stamp Name of Notary Public ❑� Personally known to me or ❑� Produced Identification � -;z, *--r>c 1'4 -c r Type of I.D. Produced DID take an oath, or ❑ DID NOT take an oath.