HomeMy WebLinkAboutCity of Tamarac Resolution R-99-135April 14, 1999 - Temp. Reso. #8586 1
Revision No. 1 — May 18, 1999
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-99- /.
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO APPROVE THE PURCHASE OF
ONE (1) GATEWAY ALR 8300 NTS FILE
SERVER COMPUTER FROM GATEWAY
COMPUTERS, INC. AT THE TOTAL COST OF
$11,786.00 UTILIZING STATE CONTRACT NO.
250-040-99-1, AND ONE (1) ARC SPATIAL
DATABASE ENGINE (SDE) SERVER WITH TEN
(10) ADDITIONAL CONNECTIONS, TWO (2)
COORDINATE GEOMETRY (COGO) AND
THREE (3) NETWORK LICENSES FROM THE
ENVIRONMENTAL SYSTEMS RESEARCH
INSTITUTE, INC. (ESRI) AT THE QUOTED COST
NOT TO EXCEED $19,250.00; FOR A TOTAL
COST NOT TO EXCEED $31,036.00; CASE NO.
3-MI-99; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Tamarac, Florida, approved Phase
II (the above -ground planimetric and utility feature mapping portion of the GIS Project) of
the Agreement with ADR, Inc. for the completion of the City of Tamarac GIS Compatible
Planimetric Base Map on January 13, 1999 (Resolution No. R-99-17); and
WHEREAS, the completion of the City of Tamarac GIS Compatible Planimetric
Base Map requires software licenses for multiple Departments; and
11
April 14, 1999 - Temp. Reso. #8586 2
Revision No. 1 - May 18, 1999
WHEREAS, Gateway Computers, Inc. is a State Contract provider of file server
computers; and
WHEREAS, Environmental Systems Research Institute, Inc. (ESRI) is the sole
source provider of Arc INFO, COGO, Network and Arc SDE; and
WHEREAS, available funds exist in the GIS fund for said purposes; and
WHEREAS, the Director of Community Development and the Purchasing/Contracts
Manager recommends approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to authorize the
appropriate City Officials to approve the purchase of one (1) Gateway ALR 8300 NTS File
Server Computer from Gateway Computers, Inc. at the total cost of $11,786.00 utilizing
State Contract No. 250-040-99-1 (attached hereto as Exhibit "2"), and one (1) ARC Spatial
DataBase Engine (SDE) server with ten (10) additional connections, two (2) Coordinate
Geometry (COGO) three (3) Network licenses from the Environmental Systems Research
Institute, Inc. (ESRI) at the quoted cost not to exceed $19,250.00 (attached hereto as
Exhibit "1°); for a total cost not to exceed $31,036.00; Case No. 3-MI-99.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
1
1
1
April 14, 1999 - Temp. Reso. #8586 3
Revision No. 1 - May 18, 1999
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.
SECTION 2: That the appropriate City Officials are authorized to approve the
purchase of one (1) Gateway ALR 8300 NTS File Server Computer from Gateway
Computers, Inc. at the total cost of $11,786.00 utilizing State Contract No. 250-040-99-1
and one (1) ARC Spatial DataBase Engine (SIDE) server with ten (10 additional
connections, three (3) Network and two (2) Coordinate Geometry (COGO) licenses from
the Environmental Systems Research Institute, Inc. (ESRI) at a cost not to exceed
$19,250.00; for a total cost not to exceed $31,036.00; Case No. 3-MI-99.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4: 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.
�1
n
1
SECTION 5:
passage and adoption,
April 14, 1999 - Temp. Reso. #8586 4
Revision No. 1 - May 18, 1999
This Resolution shall become effective immediately upon its
PASSED, ADOPTED AND APPROVED this
ATTEST:
CAROL GOL MC/AAE
CITY CLERK
REBY CERTIFY that I
approved this
LUTIO"s to_formr
UTCHELL S. KRAI
CITY ATTORNEY
commdev\u:\pats\userdat2\wpdata\res\8586reso
t,,2� --"—day of
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION
MAYOR SCHREIBER
DIST 1:
DIST 2: � ISMN
DlST 3: coMM.r
DiST 4: _ Comm. R[wt om
11999.
DATE: 04/02/99 TIME: 08:59 TO: 19547242453 ESRI PAGE: 002-005
±�J�E:SRi
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC.
Chalnick
Suite 111
8000 Corporate Center Drive
Charlotte NC 28226
Phone: 704541.9810
Fax: 704-541-76 20
To expedite your order, please attach a copy of
this Quotation to your purchase order.
Quote is valid from 0410211999 to 0710311999
Material Qty Description
80572 1 LIC,SRVR,ARCSDE,302
ArcSDE Server License
81525 10 LIC,SRVR CONNECT,ENT SDE,SQL SRVR
Enterprise SDE Connect License,
SQL Server
Quotation
#20002657
Date: April 02, 1999
Customer #5197 , Contract #
CITY OF TAMARAC
COMMUNITY DEVELOPMENT DEPT
7525 NW 88TH AVE RM 203
TAMARAC FL 33321
ATTENTION: TREVOR FEAGIN
PHONE: 954-724-1295
FAX: 954-724-2453
52394 2 LIC,C0l30,FL
Floating COCO License
Maintenance on Primary COCO Floating
License (500.00)
Maintenance on Secondary COCO Floating
License (200.00)
52388 3 LIC,NET,FL
'L
Network Floating License
Maintenance on Primary Network Floating
License (500.00)
Maintenance on Secondary Network
Floating License (200.00)
By: Brinda, Marketing Representative
Ext: 47 Email: bchalnick@esri.com
Unit Price Total
8,750.00 8,750.00
500.00 5,000.00
1,100.00 2,200.00
1,100.00 3,300.00
Items total 19,250.00
Subtotal 19,250.00
*Final amount 19,250.00
This Quotation is made in confidence for your review only. It may not be disclosed to third parties.
"Final Amount does not include applicable sales tax.
if sending remittance, please address to: ESRI, File No. 54630, Los Angeles, CA 90074-4630
subject to other terms and conditions on attached sheet(s)
TEMP RESO #8586
EXHIBIT "1"
Pg 1
DATE:, 04/02/99 TIME: 08:59 TO. 19347242453
TM
ESRI
PACE: 003-005
ESRI QUOTATION TERMS AND CONDITIONS
All quotations are valid for ninety (90) days unless otherwise stated on the quotation form. These prices and terms are valid
only for items purchased and delivered within the United States.
This quotation information is proprietary and may not be copied or released other than for the express purpose of the current
system selection and purchase. This information may not be given to outside parties or used for any other purpose without
written consent from Environmental Systems Research Institute, Inc. (ESRI).
To expedite your order, please reference the quotation number on your purchase order.
ORDER PROCESS
The order process is initiated when ESRI receives an original purchase order or some form of advance payment. Several
additional documents (e.g., Software License Agreement, with Attachments completed, credit application, and Tax Exemption
Certificate) will be required to complete the order process, Generally, the need for these documents varies by the type of
software ordered, which is determined upon receipt of the purchase order (or advance payment); however, this determination
and the transmittal of applicable documents can be done earlier if delivery must be expedited. Please contact your marketing
representative for more information.
IMPORTANT! Collectively, these documents contain the authorizations and information necessary to ship proper versions of
the software, on the correct media. Please return them promptly to avoid unnecessary delays in shipping, Please return all
documents by mail or express courier; faxed documents cannot be accepted,
Please show the following remittance address on your purchase order:
ESRI, File No. 54630, Los Angeles, CA 90074-4630
ESRI SOFTWARE LICENSING
• All ESRI software offered in this quotation are commercial off -the shelf softviare develolled at private expense and subject to
ESRI commercial license terms. ESRI desktop software (i.e., PC ARC/INFO ArcView , and ArcCAD) are subject to the
shrink-wrap license agreement terms and conditions attached hereto. Certain other software require licenses signed by both
parties. Certain ESRI software is copy protected with a software keycode or hardware key.
•
DELIVERY
FOB Redlands, CA, USA
Software: Allow thirty (30) days from ESRI's receipt of purchase order, signed Software License Agreement(s), and other
documents, as required.
Hardware: Manufacturer's terms apply. Lead times depend on make/models purchased,
Note: Standard delivery method is ground ore two-day air for software and surface carrier for hardware, Actual delivery method
may vary depending on weight, Other service is available for an additional fee (e.g., overnight delivery),
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Net thirty (30) days, on approved credit, Orders below $800 require prepayment by check or credit card unless your
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Prices quoted do not include applicable sales or use taxes unless so stated, If your organization is tax exempt or pays state tax
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Illinois, Indiana, Kansas, Maryland, Massachusetts, Minnesota, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New
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sales tax assessed by additional states as required by law.
mESRI is a registered tfadrmark of Environmental Systerne Research Institute, Inc,
G-272/KG
1117/97
DATE: 04/02/99 TIME: 08:59 TO: 19547242453 ESRI PACE: 004-005
0 TM
APPLIES ONLY TO ESRI DESKTOP PRODUCTS
IMPORTANT -READ CAREFULLY BEFORE OPENING THE SEALED MEDIA PACKAGE
ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. (ESRI), IS WILLING TO LICENSE THE ENCLOSED SOFTWARE AND
RELATED MATERIALS TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS
CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE OPENING
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THE ESRI SOFTWARE LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED, THEN
ESRI IS UNWILLING TO LICENSE THE SOFTWARE AND RELATED MATERIALS TO YOU. IN WHICH EVENT, YOU SHOULD
RETURN THE MEDIA PACKAGE WITH THE SEAL UNBROKEN AND ALL OTHER COMPONENTS (e.g., THE CDs AND/OR
DISKETTES, DOCUMENTATION, REGISTRATION CARD, HARDWARE KEY AND ANY SAMPLE DATA SETS, AS APPLICABLE) TO
ESRI OR ITS AUTHORIZED RESELLER FOR A REFUND, NO REFUND WILL BE GIVEN IF THE MEDIA PACKAGE SEAL IS
BROKEN OR THERE ARE ANY MISSING COMPONENTS.
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This is a license agreement and not an agreement for sale. This license agreement (Agreement) is between the end user
(Licensee) and environmental Systems Research Institute, Inc. (ESRI), and gives Licensee certain limited rights to use the
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• AtlasWareTM scripts, and/or Avenue T scripts developed by Licensee using the respective macro and/or scripting language.
Permitted Uses:
Licensee may use the number of copies of the Software. Data, an Related Materials for which license fees have been paid
on the computer system(s) and/or specific computer network(s) for Licensee's own internal use, Licensee may use the
Software, Data, and Related Materials as a map/data server engine in an Internet and/or Intranet distributed computing network
or environment provided the appropriate license fees are paid. If the Software, Data, and Related Materials contain dual media
(i.e., bath 3.5-inch diskettes and CD-ROM, then Licensee may only use one (1) set of the dual media provided. Licensee may
not use the other media on another computer system(s) and/or specific computer network(s), or loan, rent, lease, or transfer
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Licensee may install the number of copies of the Software, Data, and Related Materials for which license or update fees
have been paid onto the permanent storage device(s) on the computer system(s) and/or specific computer network(s).
e Licensee may make routine computer backups but only one (1) cap the Software, Data, and Related Materials for archival
purposes during the term of this Agreement, unless the right to make additional copies is granted to Licensee in writing by
ESRI.
Licensee may use, copy, alter, modify, merge, reproduce, and/or create derivative works of the on-line documentation for
Licensee's own internal use. The portions of the on-line documentation merged with other software, hard copy, and/or digital
materials shall continue to be subject to the terms and conditions of this Agreement and shall provide the following copyright
attribution notice acknowledging ESRI's proprietary rights in the on-line documentation: "Portions of this document include
intellectual property of ESRI and are used herein by permission. Copyright m 199 Environmental Systems Research Institute,
Inc. All Rights Reserved,"
Licensee may use the Data that are provided under license from and its third party licensor(s) as described in the Distribution
Rights section of the on-line Data Help files,
Uses Not Permitted:
e Licensee shall not sell, rent, lease, sublicense, lend, assign, time-share, or transfer, in whole or in part, or provide unlicensed
third parties access to prior or present versions of the Software, Data, and Related Materials, any updates, or Licensee's rights
under this Agreement.
Licensee shall not reverse engineer, decompile, or disassemble Software, or make any attempt to unlock or bypass the
software keycode and/or hardware key used, as applicable, subject to local law,
e Licensee shall not make additional copies of the Software, Data and/or Related Materials beyond that described in the
Permitted Uses section above,
e Licensee shall not remove or obscure any ESRI copyright or trademark notices.
L
Simple Macro Language (SML)TM, AtlaeWari M, and AvanueTM are trademarks of Environmental Systems Research Institute. Inc-
0FSRI is a registered trademark of Environmental Systems Research Institute, Inc.
G-272/KG
7:17l97
DATE: 04/02/99 TIME: 08.59 TO: 19547242453 ESRI PAGE: 005-005
APPLIES ONLY TO ESR/ DESKTOP PRODUCTS
Term: The license granted by this Agreement shall commence upon Licensee's receipt of the Software, Data, and Related
Materials and shall continue until such time that (1) Licensee elects to discontinue use of the Software, Data, and Related
Materials and terminates this Agreement or (2) ESRI terminates for Licensee's material breach of this Agreement. Upon
termination of this Agreement in either instance, Licensee shall return to ESRI the Software, Data, Related Materials, and any
whole or partial copies, codes, modifications, and merged portions in any form, The parties hereby agree that all provisions,
which operate to protect the rights of ESRI, shall remain in force should breach occur.
Limited Warranty: ESRI warrants that the media upon which the Software, Data, and Related Materials are provided will
be free from defects in materials and workmanship under normal use and service for a period of sixty (60) days from the date
of receipt. The Data herein have been obtained from sources believed to be reliable, but its accuracy and completeness, and
the opinions based thereon, are not guaranteed. Every effort has been made to provide accurate Data in this package.
Licensee acknowledges that the Data may contain some nonconformities, defects, errors, and/or omissions. ESRI and third
party licensor(s) do not warrant that the Data will meet Licensee's needs or expectations, that the use of the Data will be
uninterrupted, or that all nonconformities can or will be corrected, ESRI and the respective third party licensor(s) are not
inviting reliance on these Data, and Licensee should always verify actual map data and information. The Data contained in this
package are subject to change without notice.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, THE SOFTWARE, DATA, AND RELATED MATERIALS CONTAINED
THEREIN ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
Exclusive Remedy and Limitation of Liability: During the warranty period, ESRI's entire liability and Licensee's
exclusive remedy shall be the return of the license fee paid for the Software, Data, and Related Materials in accordance with
the ESRI Customer Assurance Program for the Software, Data, and Related Materials that do not meet ESRI's Limited Warranty
and that are returned to ESRI or its dealers with a copy of Licensee's proof of payment. ESRI shall not be liable for indirect,
special, incidental, or consequential damages related to Licensee's use of the Software, Data, and Related Materials, even if
• ESRI is advised of the possibility of such damage.
Waivers: No failure or delay by ESRI in enforcing any right or remedy under this Agreement shall be construed as a waiver
of any future or other exercise of such right or remedy by ESRI.
Order of Precedence: Any conflict and/or inconsistency between the terms of this Agreement and any FAR, DFAR,
purchase order, or other terms shall be resolved in favor of the terms expressed in this Agreement, subject to the U.S.
Government's minimum rights unless agreed otherwise.
LJ
Export Regulations: Licensee acknowledges that this Agreement and the performance thereof are subject to compliance
with any and all applicable United States laws, regulations, or orders relating to the export of computer software or know-how
relating thereto. ESRI Software, Data, and Related Materials have been determined to be Technical Data under United States
export laws. Licensee agrees to comply with all laws, regulations, and orders of the United States in regard to any export of
such ethnical Data. Licensee agrees not to disclose or re-export any Technical Data received under this Agreement in or to
any Auntries for which the United States Government requires an export license or other supporting documentation at the time
of export or transfer, unless Licensee has obtained prior written authorization from ESRI and the U,S. Office of Export Control.
The countries restricted at the time of this Agreement are Cuba, Iran,
Iraq, Libya, and North Korea,
U.S, Government Restricted/Limited Rights: Use, duplication, and disclosure by the U.S. Government are subject to
restrictions as set forth in FAR §52.227-14 Alternate III (9)(3) (JUN 1987), FAR §52.227-19 (JUN 1987), and/or FAR
§12.211/12,212 [Commercial Technical Data/Computer Software], and DFARS §252.227-7015 (NOV 1995) [Technical Data]
and/or DFARS §227.7202 [Computer Software], as applicable. Contractor/Manufacturer is Environmental Systems Research
Institute, Inc., 380 New York Street, Redlands, CA 92373-8100 USA.
Governing Law: This Agreement is governed by the laws of the United States of America and the State of California
without reference to conflict of laws principles.
Entire Agreement: The parties agree that this constitutes the sole and entire agreement of the parties as to the matter set
forth herein and supersedes any previous agreements, understandings, and arrangements between thel parties relating hereto and
is effective, valid, and binding upon the parties.
Simple Macro Language (SML)TM, AtlnaWsri M, and AvensaTM are trademarks of Environmental Svstams Research Institute, Inc.
0ESRI is a registered trademark of Environmental Systems Research Institute, Inc.
G•272/KG 1:1 7/97
*March 22, 1999
Trevor Feagin
City Of Tamarac
7525 NW 881h Ave
Tamarac, FL 33321
Dear Trevor,
Environmental Systems Research Institute, Inc. (ESRI) is the only source for purchasing
ARC/INFO, SDE and MapObjects in the United States. ESRI is headquartered in
Redlands, California and operates 1 I regional offices. All of these offices, however, are
ESRI offices responsible for the direct sales of ARC/INFO, MapObjects and SDE.
Everyone in these offices is an ESRI employee.
ESRI believes strongly that the representation of these products is best handled directly
by ESRI. ESRI has never permitted the distribution of these products through other
sources. ESRI has participated as a sub -contractor in some situations but the
procurement of these products was handled directly between the end client and ESRI.
ESRI's contracts with the Federal government also dictate that we remain the sole source
for procurement of ARC/INFO and SDE.
ESRI does have a network of distributors for several of our desktop GIS software
• products. These products include ArcView, ArcView Network Analyst, ArcView Spatial
Analyst, ArcCAD and PC ARC/INFO.
•
ESRI is the sole provider for workstation based software including ARC/INFO, COGO,
NETWORK, TIN, GRID, ArcScan, ArcExpress, ArcPress, and all ARC/INFO
extensions. ESRI is also the sole provider of all maintenance for the entire ESRI product
line.
Sincerely,
Bob O'Connell
Utility Solutions
Environmental Systems Research Institute, Inc. 8000 Corporate Center, Suite 111 -Charlotte, NC 28226.4462 USA - TEL 704.541.9810 • FAX 704-541-7620.www.esri.com
System Type: ALR 8300 NTS
http://sreapps/shell-cgi/MAquote. pl
•
Account Executive: Mark Morgan
Phone: 1-800-779-2000 ext55378
Fax: 816-545-3845
ALR 8300 NTS
Attention: STEVE J BEAMSDERFER
Address:
Phone:
Fax:
GW Quote #: 0518756
Quote Date: 05/18/99 9:52 CST
Processor: Intel 500MHz Pentium III Xeon w/512K ECC Cache
Memory: 256MB (2-128MB Modules) PC 100 ECC SDRAM DIMM ** added: $310 **
Monitor: EV700 (15.9" Viewable) ** added: $286 **
Graphics Accelerator: Integrated 32-bit PCI Graphics w/2MB DRAM
Hard Drive: (Total 1) 9GB Ultra2 LVD SCSI 7200 RPM hard drive
RAID Card: 64MB ADAC A-438 Ultra2 3 Channel RAID Card ** added: $1328 **
RAID Card Level: Do not configure RAID Card
Controller Card: Adaptec 2940U2W (LVD) Controller Card ** added: $170 **
Additional RAID Drive: (4) 18GB SCA Ultra2 SCSI 7200 RPM DRIVE with (2)3 Bay Cage ** added: $4167 **
Floppy Drive: 3.5" 1.44MB diskette drive
CD-ROM: 13X min./32X max. IDE CD-ROM
Keyboard: 104+ Keyboard
Mouse: PS/2 Compatible Mouse; Gateway mouse pad
Operating System: NT Server 4.0 (1-4 CPU's)/includes 10 user licenses
Server Management: InforManager Server Management
Network Card: Integrated Intel PCI 10/100 Twisted Pair Ethernet
Power Supply: 400-Watt Power Supply
Warranty: 3 year parts, 3 year On -site
Network Operating System Support: 30 Day NOS Support for NT Server 4.0 with OS purchase from Gateway
Configured Price: US $ 11786.00
Quantity: 1
Total Price: US $ 11786.00
Comments: State Contract Number is 250-040-99-1 Lead time is roughly three weeks
When placing your order, please attach this quote to your purchase order.
A copy of this quote will be held for a period of 90 days after 05/18/99.
MASTERCARD, VISA, AMERICAI EXPRESS, and NOVUS/DISCOVER accepted. C.O.D., CASHIERS'S CHECK acceptable within the
continental United States. All prices and configurations are subject to change without notice or obligation. Prices do not include shipping and
handling and anX applicable taxes. All Gateway Celeron(TM), Pentium, Pentium Pro, and Pentium II processor -based systems are qualified
to carry the "NSTL Hardware Tested Year 2000 Compliant" logo because they have successfully completed the NSTL YMARK2000 test.
These systems have also passed the Microsoft Millennium year 2000 test suite. Gateway cannot be responsible for any bundled software
that improperly sets, resets, or calculates dates. These issues are not related to the hardware and operating system, and cannot be corrected
by Gateway. m. Call 1-800-GATEWAY or write to us at Gateway Terms & Conditions, P.O. Box 1951, North Sioux
City, SD 57049-1951 for a free copy or our limited warranty, on -site service agreements, and installation
agreements. If your Gateway technician determines an on -site visit is necessary, on -site service will be provided
for product purchased and located in the continental United States, Alaska, Hawaii, Puerto Rico and Canada
(excluding mice, keyboards, monitors and Solo portables). See agreements for specific terms and limitations.
TEMP RESO #8586
EXHIBIT 112"
1 of 1 5/18/99 9:52 AM
CONTRACTORS:
3Com Corporation
(A)
(Rev 19 Aug 98)
ABC Computers, Inc.
(A)
(Rev 19 Aug 98)
Acer America
(A)
(Rev 19 Aug 98)
American Power Conversion
(A)
Amherst Corporate Computer Sales
(A)
(Rev 1 Apr 99)
Apple Computer, Inc.
(A)
Ascend Communications, Inc.
(A)
(Rev 19 Aug 98)
Bay Networks USA, Inc.
(A)
(Rev 19 Aug 98)
Cabletron Systems Sales
and Service, Inc.
(A)
(Rev 19 Aug 98)
Cisco Systems, Inc.
(A)
(Rev 19 Aug 98)
Comark Government & Education Sales
(A)
Compaq Computer Corporation
(A)
CompUSA, Inc.
(A)
(Rev 23 Dec 98)
Compucom Systems, Inc.
(A)
(Rev 23 Dec 98)
Dell Marketing L.P.
(A)
Digital Equipment Corporation
(A)
Fore Systems, Inc.
(A)
(Rev 19 Aug 98)
Gateway 2000 Major Accounts, Inc.
(A)
GE Capital IT Solutions
(A)
Hayes Computer Systems
(A)
(Rev 19 Aug 98)
Hewlett Packard Company
(A)
(Rev 19 Aug 98)
International Business Machines
(A)
Lucent Technologies
(A)
(Rev 7 Dec 98)
MTX, Inc.
(A)
NEC Computer Systems Division, Packard Bell NEC, Inc.
(A)
Pomeroy Computer Resources, Inc.
(A)
Silicon Graphics Computer Systems
(A)
(Rev 19 Aug 98)
Southern Computer Supplies, Inc.
(B)
Sun Microsystems Federal, Inc.
(A)
(Rev 19 Aug 98)
Unisys Corporation
(A)
Vanstar Corporation
(A)
WIN Laboratories, Ltd.
(C)
Xylan Corporation
(A)
(Rev 19 Aug 98)
E
SPECIAL CONDITIONS
PURPOSE
T�ose of this bid is to establish a 12 month contract pmP ..._._ o for the purchase of .client server systems by all
State of Florida agencies and other eligible users in accordance with Eligible Users paragraph, General
Conditions. It is anticipated that the contract will be effective from July 1 1998 through .Tune 30, 1999 .
ESTIMATED QUANTITIES
It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately
$250,000,000 under any contract resulting from this bid. These estimated figures are given only as a guideline
for preparing your bid and should not be construed as representing actual figures under the contract.
ADDITIONAL ELIGIBLE USERS
In addition to "Eligible Users" paragraph, General Conditions, use of State contracts shall be available to Federal
agencies and private non-profit educational facilities as defined in Section 240.605, Florida Statutes, which may
desire to purchase under the terms and conditions of the contract.
OPTIONAL CONTRACT USAGE
In addition to the eligible users referenced above and with the consent of the successful bidder(s) purchases may be
made under the terms and conditions of this Invitation to Bid/Request for Proposal, by governmental entities located
outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to
p*ases made under this contract.
SPECIAL ACCOMMODATION
Any person requiring a special accommodation at State Purchasing because of a disability should call State
Purchasing at (850) 488-8440 at least five (5) workdays prior to the bid opening. If you are hearing or speech
impaired, please contact State Purchasing by using the Florida Relay Service which can be reached at 1 (800) 955-
8771 (TDD).
ACCEPTABLE EQUIPMENT
Bid shall be for new equipment only. Newly manufactured (containing used or rebuilt parts), remanufactured,
rebuilt, reconditioned, newly remanufactured, used, shopworn, demonstrator or prototype equipment is not
acceptable and will be rejected.
C.
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LIMITATION OF REMEDIES
Contractor's entire liability and the State's exclusive remedy shall be as follows:
In all situations involving performance or non-performance of machines or programming (other than licensed
programs) furnished under this Agreement, the State's remedy is (a) the adjustment or repair of the machine or
replacement of its parts by Contractor, or at Contractor's option, replacement of the machine or correction of
programming errors, or (b) if, after repeated efforts, Contractor is unable to install the machine or a
replacement machine, model upgrade or feature in good working order, or to restore it to good working order,
or to make programming operate, all as warranted, the State shall be entitled to recover actual damages to the
limits set forth in this Special Condition. For any other claim concerning performance or non-performance by
Contractor pursuant to, or in any other way related to the subject matter of, this Agreement or any order under
this Agreement, the State shall be entitled to recover actual damages to the limits set forth in this Special
Condition.
If this contract is for purchase of machines, then the following shall apply. Contractor's entire liability for
damages to the State for any cause whatsoever, and regardless of form of action, whether in contract or in tort
including negligence, shall be limited to the greater of $100,000 or the appropriate price stated herein for the
specific machines that caused the damages or that are the subject matter of or are directly related to the cause
of action. The foregoing limitation of liability will not apply to (a) the payment of cost and damage awards
referred to in the General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement
costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default", or to (c) claims
for personal injury or damage to real or tangible personal property caused by Contractor's negligence or
tortious conduct.
If this contract is for the purchase of hardware maintenance services, then the following shall apply:
Contractor's entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever,
and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to
actual damages up to the greater of $100,000 or an amount equal to 12 months maintenance charges for the
specific machines under this Agreement that caused the damages or that are the subject matter of, or are
directly related to, the cause of action. Such maintenance charges will be those in effect for the specific
machines when the cause of action arose. The foregoing limitation of liability will not apply to (a) the payment
of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties" or to (b) claims
for reprocurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled "Default",
or to (c) claims by. the State for personal injury or damage to real property or tangible personal property caused
by the Contractor's negligence or tortious conduct.
If this contract is for purchase of software maintenance services, then the following shall apply: Contractor's
entire liability and the State's exclusive remedy for damages to the State for any cause whatsoever, and
regardless of the form of action,whether in contract or in tort including negligence, shall be limited to actual
damages up to the greater of $100,000 or an amount equal to 12 months maintenance charges for the specific
software product under this Agreement that caused the damages or that are the subject matter of, or are
directly related to, the cause of action. Such maintenance charges will be those in effect for the specific
software product when the cause of action arose. The foregoing limitation of liability will not apply to (a) the
payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties", or to
(b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4)
entitled "Default", or to (c) claims by the State for personal injury or damage to real property or tangible
personal property caused by Contractor's negligence or tortious conduct.
•
4
If this contract is for the acquisition of licensed programs, including personal computer licensed programs, then
the following shall apply: Contractor's entire liability and the State's exclusive remedy shall be as follows: In all
si tions involving performance or non-performance of licensed programs furnished under this Agreement, the
St-0 remedy is (1) the correction by the Contractor of licensed program defects, or (2) if, after repeated
efforts, the Contractor is unable to make the licensed program operate as warranted, the State shall be entitled
to recover actual damages to the limits set forth in this section. For any other claim concerning performance or
non-performance by the Contractor pursuant to, or in any way related to, the subject matter of this Agreement
the State shall be entitled to recover actual damages to the limits set forth in this section. Contractor's liability
for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or
in tort including negligence, shall be limited to the greater of $100,000 or the one time charges paid for, or any
monthly license or initial license charges which would be due for 12 months use of the licensed program that
caused the damages or that is the subject matter of, or is directly related to, the cause of action and shall include
any initial or process charges paid to the Contractor. This limitation of liability will not apply to (a) the
payment of cost and damage awards referred to in General Condition 14 entitled "Patents and Royalties" or to
(b) claims for reprocurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4)
entitled "Default", or to (c) claims for personal injury or damage to real or tangible personal property caused by
the Contractor's negligence or tortious conduct.
Contractor shall hold and save the State harmless for any and all suits and judgments against the State for
personal injury or damage to real or tangible personal property caused by Contractor's tortious conduct in the
performance of this Agreement provided that, (a) the State promptly notifies Contractor in writing of any claim,
and (b) Contractor shall be given the opportunity, at its option, to participate and associate with the State in the
control, defense and trial of any claims and any related settlement negotiations and, provided further, that with
respect to any claim, or portion thereof, for which Contractor agrees at the initiation of such claim that
C ctor shall save and hold the State harmless, Contractor shall have the sole control of the detense, trial
a,y related settlement negotiations, and (c) the State fully cooperates with Contractor in the defense of any
claim.
In no event, however, will Contractor be liable for (a) any damages caused by the State's failure to perform the
State's responsibilities, or for (b) any lost profits or other consequential damages, even if Contractor has been
advised of the possibility of such damages, or for (c) any claim against the State by any other party, except as
provided in the hold harmless provision of the preceding paragraph of this Special Condition and except as
provided in the General Condition entitled "Patents and Royalties", or for (d) any damages caused by
performance or non-performance of machines or programming located outside the United States or Puerto
Rico.
SOFTWARE LICENSE
Bidder shall grant to the customer a non-exclusive/non-transferable license to use all software procured from
the contract resulting from this Invitation To Bid. Use of this software is subject to the following provisions:
Copyrighted software provisions are contained in the General Condition entitled "Patents and
Royalties".
2. Title to the software shall remain with the titleholder.
3. Customer may reproduce one (1) copy of each diskette based software package procured that is not
copy protected, for archival and backup purposes only. Copyright and any proprietary notices shall be
included on the backup copies.
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4. Software that is provided on diskette for user work stations shall be supplied as one (1) copy per work
station ordered, unless site licenses or volume discounts have been offered by the bidder and so ordered.
by the customer.
Software that is provided on the system and is down loaded to workstations, shall include a backup •
copy with documented procedures for reloading in event of software becoming unusable by either a
system malfunction or operator error.
6. Software updates or enhancements shall be made available to the customer in accordance with the
Special Condition entitled "Addition/Deletion/Change".
7. Bidder shall provide for exchange of software provided on copy protected diskettes in event the
distribution diskette is rendered unusable through either operator error or system malfunction.
Exchange of software shall not include operator attempts to copy protected software.
S. Bidder shall indicate on the software pricing sheets if there is any cost associated with items 4 through 7
above.
9. The customer shall be responsible for: a) software selection to achieve the customers intended results;
b) use thereof; and c) all results obtained there from.
10. Software may be used on only the single central processing unit (CPU) or system configuration for
which the software was acquired. The software may be used on another single CPU or system
configuration on a temporary basis when the primary CPU or system are inoperable due to hardware
failure.
11. Customer shall not make the software available in any form to third parties. Only the customer's
employees directly concerned with the licensed use of the software, shall have access to the software.
12. Contractor shall retain the option to terminate software licenses granted in accordance with this section,
and require return of the software and all copies thereof if the customer fails to comply with the license
provisions.
13. Customer shall not reverse assemble or reverse compile licensed software in whole or in part.
14. Contractor shall warrant the media on which the software is furnished, to be free from defects in
materials and workmanship under normal use for a period of 90 days from date of receipt by the
customer.
15. Software that is bid on as "AS IS" basis does not include any warranty of performance or quality,
except that the media warranty included within this section shall apply. This type of software if bid shall
be specifically identified on the price sheets.
16. Software documentation may not be copied without the express prior written approval of the contractor
or titleholder as may be appropriate.
CERTIFICATION
All certifications required in this bid must be completed and returned with your bid. Failure to comply with this •
requirement shall result in disqualification of bid.
Z
MANUFACTURER'S CERTIFICATION
Ievent a bid is submitted by other than the equipment manufacturer, a certification executed by the
acturer shall be required stating the bidder is an authorized representative of the manufacturer.
The manufacturer's certification must be executed by the manufacturer's representative authorized to bind all the
manufacturer's branches, dealers/resellers, and/or service establishments. Dealers/resellers are not authorized to sign
this certification on behalf of the manufacturer. Failure to submit this certification with your bid shall result in
disqualification of the bid.
CONTRACT DUPLICATION
Bidders currently awarded equipment on any other State contract shall identify those products, if duplicated
anywhere within this bid. The State reserves the right to delete duplicated equipment from this and/or other
contracts. Deletion will occur only if the bidder's equipment is awarded on this contract.
LEASE PROVISIONS
Each purchaser will be authorized to enter into a contract for equipment by issuance of a purchase order
referencing the contract number. The manufacturer's lease agreement form will not be used since a contract
resulting from this bid and the purchase order will constitute the complete agreement. Since the State
Comptroller's prior approval is required for State Agencies to enter into or extend either lease or installment
purchase agreements, State agencies are cautioned to review the Comptrollers latest memorandum addressing
leases and installment purchase of equipment.
• A. RISK OF LOSS OR DAMAGE
The purchaser shall be relieved from risks of loss or damage to all equipment leased during the
period of transportation, installation, and during the entire time the equipment is in the
possession of the purchaser except when loss or damage is due to fault or negligence of the
purchaser.
B. TERM
Lease period shall be based on the projected needs of the agency and/or the period determined
to be the most economically prudent and cost effective. Lease cost basis shall be equal to or
below that for that equipment on State contract.
Lease agreements shall be effective on the date of acceptance of the equipment. The date of
acceptance is that date on which the equipment is installed at the agreed to purchaser location
and the equipment is certified ready for use by the contractor and accepted by the purchaser as
installed and in good working order.
Lease agreements shall terminate upon completion of the specified lease agreement period or
upon purchase utilizing equity accruals if applicable. Purchase of leased equipment by state
agencies requires prior approval as a contract exception through State Purchasing.
Upon mutual agreement with the contractor, the purchaser shall have the option to extend the
current lease agreement by giving written notice 30 days prior to the end of the initial lease term,
without prior approval of State Purchasing, provided the following conditions are met:
7
Prices are equal to or below that specified for that equipment available on State contract
or not in excess of the vendor's established governmental pricing at the time of extension.
(Pricing to include in & out charges, rigging, accrued equity and any other cost
associated with the acquisition.)
2. Terms and conditions of extension must be the same as those in the current State
contract.
Any exception to the above conditions requires prior approval by State Purchasing.
Please note that for the purpose of this bid and resulting contract, extension is the term used for that period that
follows the end of the initial lease term. There is no provision for renewal which would follow the extension.
C. CANCELLATION
l . The provisions of Cancellation Paragraph, General Conditions, do not apply to
equipment leased under this contract.
2. A lease agreement may be canceled at any time during the lease period by the purchaser.
A thirty (30) day cancellation notice will be required of the purchaser in writing. All
money due the contractor for the remainder of the lease agreement period will be due
and payable upon completion of the equipment removal, except in documented cases of
nonperformance by the vendor.
3. Upon cancellation of a lease agreement by the purchaser without cause the equipment
will be returned to the contractor with transportation at the purchaser's expense as well •
as removal charges if applicable.
TECHNICAL DOCUMENTATION
All products bid must meet or exceed all conditions and specifications of the Invitation to Bid (ITB). When
technical documentation is required by this ITB, its purpose is to demonstrate compliance of the product bid
with applicable technical requirements of the ITB and to allow a technical evaluation of the product. Failure to
provide the required technical documentation with the bid submittal shall make the bidder nonresponsive, unless
State Purchasing, in its sole discretion and in the best interest of the State, determines the acceptability of the
products offered through technical documentation available within State Purchasing as of the date and time of
bid opening. Such authority of State Purchasing shall in no way relieve the bidder from the ultimate
responsibility to submit the required technical documentation, nor shall any bidder assume that such
documentation is otherwise available to State Purchasing. The State shall not be responsible for the accuracy
of the technical documentation in its possession.
DELIVERY REQUIREMENTS
All prices bid shall include delivery to purchaser within 30 days or less after receipt of purchase order.
DATE OF ACCEPTANCE
The date of acceptance is that date on which the equipment is installed at the agreed to purchase location, the
equipment is certified ready for use by the contractor and is accepted by the purchaser as installed and in good
8
working order. The purchaser shall certify in writing to the contractor when the equipment is accepted at
which time title shall transfer.
Fo ipment designated as customer installed, the date of acceptance shall be the delivery date, provided the
p aser has not specified contractor installation on the purchase order.
INSTRUCTION MANUAL
Contractor shall be required to furnish an instructional manual for each unit ordered. Bulletins, revisions and
corrections shall be supplied to each manual as they are issued by the manufacturer. Each manual shall contain;
definition of equipment capabilities, technical description of equipment operation, description of malfunction
identification and troubleshooting procedures, detailed schematic, installation and use instructions.
SOFTWARE USER MANUALS
One (1) copy of the operating system software manual must be provided with software ordered from any
contract resulting from this bid. Additional copies of software manuals must be available from the contractor.
OPTIONAL COMPONENT PURCHASES
Purchases of optional components totaling less than $1,000 may be made by an agency at its discretion on a
local basis rather than under any contract resulting from this bid. This condition shall not be used to circumvent
this contract.
AUTHORIZED TECHNICIANS
.A*ork contracted for shall be performed by factory trained technicians. Technicians working under the
direct supervision of a factory trained technician are permitted. A copy of the technician's certification shall be
made available by the contractor upon request by State Purchasing.
BID TABLES
The appropriate Bid Table shall be completed for each category of product bid. The information to be
completed on the Bid Table includes:
Product manufacturer
Vendor / bidder
Standard Delivery Time in Days Which the Vendor Can Perform (not to exceed 30 days)
Manufacturer and Description of Products Bid
Bid percentage for Category Products as well as Balance of Line Products Bid; either,
Cost Plus/Minus % for State Government and State Education, or
Cost Plus/Minus % for GSA Pricing Schedule
Optional Support Bid at Discount
Manufacturer's price lists or GSA price list/schedule shall be submitted with the bid in accordance with the
requirements under PRICE LISTS.
Bid Tables, and other pages required for completion of the bid may be copied, as needed.
0
iJ
ITEM DESCRIPTIONS
Descriptions of systems or individual items on price lists shall be of sufficient detail to easily identify the system
or item. Items not described will be rejected as ineligible for the bid/contract.
These documents shall be submitted in hardcopy as well as on 3.5 inch diskette media, as outlined in Special
Condition, Format for Submission of Bid. Failure to comply with this requirement will result in disqualification
of your bid.
AUTHORIZED DEALERS/DISTRIBUTORS AND/OR SERVICE LOCATIONS:
On any contract where orders will be directed to Authorized Dealers/Distributors or listing Service Locations,
this information shall be provided by the BIDDER as part of the bid package in hard copy, and on a 3.5 inch
diskette in a Word for windows file. Any subsequent revisions shall be submitted in the same format to the
State Purchasing CONTRACT ADMINISTRATOR, for review and approval prior to implementation.
Diskette must be formatted as:
• "Word for Windows"
• Font: Times New Roman 12
• Preset tabs oil
• Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom
• Portrait only -no landscape
• No Tables
• No Headers or Footers
• No Excel Files
Failure to submit the information required in this section will be grounds for disqualification of your bid and/or
removal from any resulting contract. 0
NOTICE TO CONTRACTOR
The employment of unauthorized aliens by any contractor is considered a violation of section 247A(e) of the
Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, such violation shall
be cause for unilateral cancellation of the contract.
PUBLIC ENTITY CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in f.s. 287.017 for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
SURCHARGE FEE AND SUMMARY OF TOTAL SALES
State Purchasing hereby imposes a vendor surcharge fee of .50% on contractors' sales under any contract
resulting from this bid. The fee will be paid by the contractor and must be included in prices bid and cannot be •
added as a separate item. Use of this contract will be optional by State Agencies.
[i]
If a State Agency elects to purchase from a source other than the resulting State contract, such purchases shall
be in accordance with Chapter 287, F.S., and 60A Florida Administrative Code.
r receipt of payment from the contract purchases, all vendor surcharge fees shall be payable to the State of
da no later than 15 days after the end of each quarter.
Vendor surcharge fee and contract number should be noted on the check and remitted to:
State of Florida
Department of Management Services
P.O. Box 5438
Tallahassee, FL 32314-5438
Contract supplier shall furnish State Purchasing a detailed summary of sales at the end of each quarter. By
submission of these Sales Summary reports and corresponding vendor surcharge deposits, the contractor(s) is
certifying their correctness. All such reports and fee deposits shall be subject to audit by the State of Florida.
Contractors will be responsible for reporting sales and paying user fees resulting from sales made by authorized
resellers.
Failure to comply with these requirements will result in the contract supplier being found in default, in which
case any and all reprocurement costs and all outstanding vendor surcharge fees may be charged against the
defaulting contractor and may result in immediate, unilateral cancellation of your contract by State Purchasing.
Bids from contractors that are delinquent in paying user fee's from existing contracts, will not be
considered.
CE LISTS
On any contract where pricing is based on a Manufacturer's published price list, the price list must be provided
by the BIDDER as part of the bid package in hard copy. Bidders must provide a price list on a 3.5 inch
diskette as a Word For Windows file, which includes headings and subheadings of the categories of systems,
peripherals, and components which the vendor has bid. Each product on the price list shall be identified by part
number, brand name, description, manufacturers cost and net price.
Any subsequent revisions shall be submitted in the same format to the State Purchasing CONTRACT
ADMINISTRATOR, for review and approval prior to implementation.
Diskette must be formatted as:
• "Word for Windows"
• Font: Times New Roman 12
• Preset tabs o�
• Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom
• Portrait only -no landscape
• No Tables
• No Headers or Footers
• No Excel Files
Failure to submit the information required in this section will be grounds for disqualification of your bid and/or
oval from any resulting contract.
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PRICING SCHEDULE TO REMAIN FIRM
The pricing schedule, cost plus/minus basis or GSA pricing basis, bid by each awarded vendor shall remain firm
for any product placed on the contract resulting from this bid, or for products added to the contract at a later
date through revision to the contract. is
ADDING NEW PRODUCTS
The contractor may add new products to the contract at the pricing schedule as originally bid.
When a revision to contract price lists includes the addition of new products they must remain at
the original percentage bid for the contract term. The addition of new products shall be at the
discretion of State Purchasing in the best interest of the State.
Reductions in price shall be effective upon receipt of written notification to State Purchasing and
shall remain in effect for the balance of the contract term, unless further reduced by the
contractor. In the event that the contractor announces a price reduction on any equipment listed
on the contract prior to the purchaser's acceptance of said equipment, such price reduction shall
be made available to the purchaser. This condition shall not apply to temporary sales
promotions.
PRICE INCREASES
Price increases are not acceptable for an, y product placed on the contract resulting from this bid, or for products
added to the contract at a later date through revision to the contract.
PRICE REDUCTION 0
Reductions in price shall be effective upon receipt of written notification to the State Purchasing and shall remain in
effect for the balance of the contract term, unless further reduced by the contractor.
In the event that the contractor announces a price reduction on any equipment listed on the contract prior to the
purchaser's acceptance of said equipment, such price reduction shall be made available to the purchaser.
This condition shall not apply to temporary sales promotions.
SALES PROMOTIONS
A contractor, during the term of the contract, may lower prices of products on the contract, for a specified
period of time. The contractor shall document sales promotions to and receive approval of State Purchasing,
prior to offering sales promotions to contract users. Documentation of sales promotions shall specify starting
and ending dates of the promotion, specify list prices and promotional prices, and shall contain a statement that
the promotional prices are available to all contract users. Sixty (60) days is established as the minimum period
of time for which a sales promotion can be offered. Sale pricing shall be made available on contract items only
and promoted to all users of the contract. Evidence of offering of a sales promotion to a contract user prior to
the submittal to and approval of the State Purchasing shall subject the contractor to removal from the contract.
Sales promotions approved by State Purchasing must be posted on the contractors Internet Home Page with
awarded products.
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PRICE LISTS POSTED ON THE WORLD WIDE WEB
CO TRACT HOLDER shall configure PRICE LIST consisting of awarded product and post the prices on the
C1WRACT HOLDERS Internet Home Page. All price lists must be reviewed and approved by State
Purc acing before they can be posted to the CONTRACT HOLDER Internet Home Page.
Contractors must provide State Purchasing with a universal resource locator (URL) where price lists will be
posted.
CONTRACT HOLDERS posted price list shall include the following:
• DMS Approval Date
• Contract Number
• Part Number, Description, Manufacturers Cost and Contract Prices
• Authorized Resellers
The Home Page must be compatible with the most recent version of browser software being used by State
Purchasing. As of the writing of this solicitation, Netscape Navigator 3.0 is the State Purchasing browser
standard. State Purchasing intends to upgrade to new browser versions as they become available and fully
tested, at its discretion.
INTERNET HOME PAGE
The Contract resulting from this bid will become a public document. The State of Florida, State Purchasing is
using the Florida Communities Network (FCN) on the Internet World Wide Web (WWV) to distribute State
T Contracts and product information to eligible users and other interested entities who may subscribe to this
s*e and pay the appropriate access fee.
The Universal Resource Locator (URL) for the INTERNET HOME PAGE must be listed in the space
provided on the Ordering Instructions page of the bid.
PRICE LIST CATALOGS DESCRIPTIVE BROCHURES
Contractor agrees to furnish participating agencies price schedules, catalogs and descriptive brochures as
requested.
QUANTITY DISCOUNTS
Bidder/contractors are urged to offer additional discounts for one time delivery of large single orders of any
assortment of items. Such discounts will not be considered in evaluation and award of bid. Contract users
should seek to negotiate additional price concessions on quantity purchases of any products offered under this
contract. State agencies shall document their files accordingly.
PURCHASING CARD PROGRAM
The State of Florida has implemented a purchasing card program through NationsBank, using the Visa
network. Vendors will receive payment from the purchasing card in the same manner as other Visa purchases.
We indicate your ability to accept Visa in the space provided on the Ordering Instruction sheet of the bid.
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VENDOR RESPONSE SYSTEM
To access an interactive Voice Response System for vendor payment inquiry, Vendors may call (850) 413-7269
between 7 a.m. and 6 p.m. Monday thru Friday to check on the status of payments by State agencies. The
system can accommodate English and Spanish speaking callers.
INSURANCE. WORKERS'COMPENSATION
The contractor shall take out and maintain during the life of this agreement, Workers' Compensation Insurance for all
of his employees connected with the work of this project and, in case any work is sublet, the contractor shall require
the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such
employees are covered by the protection afforded by the contractor. Such insurance shall comply fully with the
Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this contract
at the site of the project is not protected under the Workmen's Compensation statute, the Contractor shall provide,
and cause each sub -contractor to provide, adequate insurance, satisfactory to the Purchaser, for the protection of his
employees not otherwise protected.
SERVICE
Availability of in -state representatives to assist in proper application and to resolve technical problems is a
requirement of this bid and the resulting contract. Bidders shall, therefore, include as part of the bid a list of all
in -state service representative(s) who will be responsible for providing these services during the term of the
contract.
If unable to obtain service/warranty within the time period specified or if difficulties are encountered in
obtaining service from the service location designated by the contractor, it shall be the complete responsibility
of the contractor to arrange and coordinate service by an alternate service dealer after notification by the user.
The coordination effort will be handled by the specific individual designated on the ordering instruction sheet.
WARRANTY
A warranty is required on all contract items against defective material, workmanship, and failure to perform in
accordance with required performance criteria, for a period of not less than one (1) year from date of receipt or
installation of product. See SPECIFICATIONS, under each category of product for Standard Support Level
and specific warranty requirements. Replacement of all parts found defective including all labor, materials
within the warranty period shall be made without cost to the State. This warranty shall not cover adjustment,
repair or parts replacement required because of purchaser's negligence, misuse, or machine alteration.
Applicable transportation charges for warranty service within the warranty period shall be based on cost
determined by the level of support procured as outlined in the specification.
Warranty repairs shall be completed within the time period stated in the support level procured whether on -site
or upon receipt of equipment by factory authorized service center. Should repairs exceed the predetermined
time period, contractor shall provide equivalent loaner equipment upon request by the purchaser. Loaner
equipment shall be provided at no cost to the State, including shipment to the purchaser's location and return of
loaner equipment to the contractor.
•
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SECURITY DEVICES
Bidders are to identify and price all available optional or installed security devices, such as key locks, plastic
c0readers, etc., on price sheets.
"VENOMIN
Contract users may trade-in equipment when making purchases from this contract. A trade-in must be negotiated
between the user and the contractor. Users are obligated to actively seek current fair market value when trading
equipment, and to keep accurate records for the process. For State agencies, it may be necessary to provide
documentation to the Office of the State Comptroller.
YEAR 2000 COMPLIANCE WARRANTY
The contractor warrants that each item of hardware, software, and/or firmware delivered, developed or
modified under this contract shall be able to accurately process date data (including, but not limited to,
calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries,
including leap year calculations, when used in accordance with the item documentation provided by the
contractor, provided that all items (e.g. hardware, software, firmware) used in combination with other
designated items properly exchange date data with it. The duration of this warranty and the remedies available
to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any
general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in
such warranty provision(s), or in the absence of any such warranty provision(s), the remedies available to the
State under this warranty shall include repair or replacement of any item whose non-compliance is discovered
and made known to the contractor in writing within ninety (90) days after acceptance. Nothing in this warranty
be construed to limit nay rights or remedies the State may otherwise have under this contract with respect
to efects other than Year 2000 performance.
YEAR 2000 COMPLIANCE SOFTWARE
The licensor represents and warrants that the software, which is licensed to licensee hereunder, is designed to
be used prior to, during, and after the calendar year 2000 AD, and that the software will operate during each
such time period without error relating to date data, specifically including any error relating to, or the product
of, date data which represents or references different centuries or more than one century. Without limiting the
generality of the foregoing, Licensor further represents and warrants (1) that the software will not abnormally
end or provide invalid or incorrect results as a result of date data, specifically including date data which
represents of references different centuries or more than one century; (2) that the software has been designed to
ensure year 2000 compatibility, including, but not limited to, date data century recognition, calculations which
accommodate same century and multi -century formulas and date values, and date data interface values that
reflect the century; (3) that the software included "year 2000 capabilities", which means the software (a) will
manage and manipulate data involving dates, including single century formulas and multi -century formulas, and
will not cause an abnormally ending scenario within the application or generate incorrect values or invalid
results involving such dates; and (b) provides that all date -related user interface functionalities and data fields
include the indication of century; and (c) provided that all date -related data interface functionalities include the
indication of century.
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YEAR 2000 REMEDY CLAUSE
In the event of any decrease in hardware or software program functionality related to time and date related codes and
internal subroutines that impede the hardware or software programs from operating beyond the Millennium Date
Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to restore
hardware and software programs to the same level of functionality as warranted herein at no charge to the licensee,
and without interruption to the ongoing business of licensee, time being of the essence.
YEAR 2000 COMPLIANCE
All products bid under this bid/contract will be Year 2000 compliant (that is; able to accurately process date data
from, into, and between the twentieth and twenty-first centuries, including leap year calculations). Resellers may
provide a "pass through warranty" from the manufacturer/software developer, which meets all the warranty
requirements specified by the State, and which shall include all other warranties provided by the manufacturer or
software developer. Reseller shall be responsible for warranty assurance, assistance, enforcement and any other
actions or remediation, required to satisfy warranty requirements.
EVALUATION/AWARD
Bids will be evaluated and awarded by category on a multiple award basis, in compliance with the requirements and
provisions detailed herein. Award shall be made for statewide delivery and service, to the responsive bidders offering
the lowest net delivered prices, based on the pricing mechanism designated under product categories 3.0 through 8.0.
If the same manufacturer's brand is bid by more than one bidder, only the lowest net delivered prices shall be
considered for an award.
Bids designated for Government (State) will be evaluated and awarded. Bidder is urged to offer additional
discounts to educational institutions in the space provided on price sheets. Such discounts will not be
considered in evaluation of bid.
f[1
Suite 315
April 8, 1999
MEMORANDUM NO.: (250-040-99-1)-6
TO: Department Addressed
FROM: George C. Banks, CPPO
Director, State Purchasing
SUBJECT: Contract No. 250-040-99-1
Title: Client Server Systems
• Please make the following changes in the subject contract:
Delete: List of Contractors, Pages 27, 28, 31-33, 37-50, 55-58, 67-70, 73, 74, 85
Add: *List of Contractors, Pages 27-87 *(Rev 1 Apr 99)
The contract has been revised to include updated ordering instructions, authorized reseller lists and
contractor's name change (Amherst Corporate Computer Sales).
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to David Comer at 487-4196, Suncom 277-4196, E-Mail comerd@dms.state.fl.us
GCB/dc/lmb
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Suite 315
December 23, 1998
MEMORANDUM NO.: (250-040-99-1)-5
TO: Department Addressed
FROM: George C. Banks, CPPO
Director, State Purchasing
SUBJECT: Contract No. 250-040-99-1
Title: Client Server Systems
Please make the following changes in the subject contract:
Delete: List of Contractors, 27-80
Add: *List of Contractors, *27-47, **48, *49-51, **52, *53-64, **65, *66-85
*(Rev 23 Dec 98), **(New 23 Dec 98)
This contract has been revised to include updated ordering instruction pages and authorized reseller
lists.
Due to acquisition and merger, products awarded to Computer City, Inc. and Dataflex Corporation are
now available from CompUSA, Inc. and Compucom Systems, Inc., respectfully.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to David Comer at (850) 487-4196, Suncom 277-4196, E-Mail comerd@dms.state.fl.us.
GCB/dc/lmb
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Suite 315
November 30, 1998
MEMORANDUM NO.: (250-040-99-1)-4
TO: Department Addressed
FROM: George C. Banks, CPPO
Director, State Purchasing
SUBJECT: Contract No. 250-040-99-1
Title: Client Server Systems
Please make the following changes in the subject contract:
Delete: List of Contractors, pages 29, 65-79
Add: List of Contractors, pages 29, 65-80 (Rev 7 Dec 98)
Effective November 30, 1998, Lucent Technologies has been added to this contract.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to David Comer at (850) 487-4196, Suncom 277-4196, E-Mail comerd@dms'state.fl.us.
GCB/dc/lns
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Suite 315
September 23, 1998
MEMORANDUM NO.: (250-040-99-1)-3
TO: Department Addressed
FROM: George C. Banks, CPPO
Director, State Purchasing
SUBJECT: Contract No. 250-040-99-1
Title: Client Server Systems
Please make the following changes in the subject contract:
Delete: Pages 27-30, 35, 36, 47, 48, 71-78
Add: Pages 27, *28, *29, 30, *35, *36, 47, *48, *71, 72-79
*(Rev 24 Oct 98) **(New 24 Sep 98)
Effective September 23, 1998, the following brands of portable microcomputers have been awarded and
are available from their respective manufacturers: Apple, Compaq, Gateway 2000, IBM, NEC, and
Unisys. The authorized resellers of Acer America, Cisco Systems, and Silicon Graphics have been
updated.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to David Comer at (850) 487-4196, Suncom 277-4196, E-Mail comerd(2dms.state.fl.us
GCB/dc/crw
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September 9, 1998
MEMORANDUM NO.: (250-040-99-1)-2
TO: Department Addressed
Suite 315
FROM: George C. Banks, CPPO
Director, State Purchasing
SUBJECT: Contract No. 250-040-99-1
Title: Client Server Systems
• Please make the following changes in the subject contract:
Delete: Pages 27, 28, 32, 56, 62-75
Add: Pages 27, *28, *32-78 *(Rev 9 Sept 98)
This contract has been updated to include revised contract awards list and authorized resellers. (3Com,
Fore Systems and IBM)
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to David Comer at (850) 487-4196, Suncom 277-4196, E-Mail: comerd g dms.state. fl.us
Csi4W:301ffJ , Z
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Suite 315
August 19, 1998
MEMORANDUM NO.: (250-040-99-1)-1
TO: Department Addressed
FROM: George C. Banks, CPPO
Director, State Purchasing
SUBJECT: Contract No. 250-040-99-1
Title: Client Server Systems
Please make the following changes in the subject contract:
Delete: List of Contractors, Pages 27-51
Add: *List of Contractors, Pages **27, *28-30, **31-35 *36-38, **39-47, *48-54,
**55-56, *57-58, **59-60, *61-66, **67, *68, **69, *70-73, **74-75 *(Rev 19
Aug 98) **(New 19 Aug 98)
Effective August 1�, 1998, this contract has been updated to include awards to thirteen (13) new
contractors. IBM's awards now include connectivity devices.
The contract awards page has been updated to include all contract awards.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to David Comer at (850) 487-4196, Suncom 277-4196, E-Mail: comergdms.state.fl.us
GCB/dc/lmb
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•
Suite 315
CERTIFICATION OF CONTRACT
TITLE: Computers: Client Server Systems CONTRACT NO.: 250-040-99-1
BID NO.: 31-250-040-B EFFECTIVE: July 1, 1998
through June 30, 1999
CONTRACTOR(S): See Attached SUPERSEDES: 250-040-96-1
ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS
WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF DAVID
. COMER AT (850) 487-4196 SUNCOM 277-4196, E-MAIL
mailto:comcrd@dms.state.il.us
A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of
Management Services on June 30, 1998, a contract has been executed between the State of
Florida and the designated contractors.
B. EFFECT - This contract was entered into to provide economies in the purchase of Client Server
Systems by all State of Florida agencies and institutions. Therefore, in compliance with Section
287.042, Florida Statutes, all purchases of these commodities shall be made under the terms,
prices, and conditions of this contract and with the suppliers specified.
C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the
attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all
Federal, State and local taxes.
All contract purchase orders shall show the Division of Purchasing contract number, product
number, quantity, description of item, with unit prices extended and purchase order totaled.
(This requirement may be waived when purchase is made by a blanket purchase order.)
D. CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform
according to the requirements of this contract on Complaint to Vendor, form PUR 7017.
Should the vendor fail to correct the problem within a prescribed period of time, then form PUR
7029, Request for Assistance, is to be filed with this office.
E. SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for
your information. Any restrictions accepted from the supplier are noted on the ordering
instructions.
F. CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used
to provide your input and recommendations for improvements in the contract to the Division of
Purchasing for receipt no later than 90 days prior to the expiration date of this contract.
Authorized Signature
DC/sec
Attachments
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