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HomeMy WebLinkAboutCity of Tamarac Resolution R-2000-129Temp Reso #8996 - April 27, 2000 Revision 1 - May 16, 2000 Page 1 ICITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2000- 19q A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN AGREEMENT WITH KENT DATACOM, AN AUTHORIZED RESELLER OF CABLETRON SYSTEMS INC., FOR THE PURCHASE OF NETWORKING EQUIPMENT, UTILIZING THE FLORIDA STATE CONTRACT #250-040-99-1 AT A COST OF $44,489.44; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac built its current network in 1995; and WHEREAS, the number of applications, the number of personal computers and additional capacity demands on the City's network have significantly increased since 1995; and WHEREAS, the City is also in the process of implementing additional City-wide applications such as document imaging and GIS requiring additional network capacity; and WHEREAS, Cabletron is one of the leading networking hardware manufacturers in the world and recently acquired the original vendor that the City utilized to purchase its networking systems; and WHEREAS, the proposed network components are available from Cabletron under State Contract #250-040-99-1, attached hereto as Exhibit "A", at a cost of $44,489.44 as outlined in the price proposal from Kent Datacom, attached hereto as Exhibit "B"; and WHEREAS, City of Tamarac Code, §6-155 allows the Purchasing Officer the authority to waive purchasing procedures and purchase equipment which is the subject of Temp Reso #8996 - April 27, 2000 Revision 1 - May 16, 2000 Page 2 contracts with the State of Florida, the United States Government, or with other government agencies: and WHEREAS, funding for this purchase is available in MIS budget; and WHEREAS, the Director of MIS recommends approval; 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 authorize the appropriate City officials to execute an agreement, attached hereto as Exhibit "C", with Kent Datacom, an authorized reseller of Cabletron Systems Inc., for the upgrade of the City's networking systems under State Contract #250-040-99-1 at a cost of $44,489.44. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: 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: The appropriate City Officials are hereby authorized to execute an agreement with Kent Datacom for the purchase of networking equipment, utilizing State Contract #250-040-99-1, at a cost of $44,489.44. 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. LJ 11 SECTION 5 passage and adoption. Temp Reso #8996 - April 27, 2000 Revision 1 - May 16, 2000 Page 3 This Resolution shall become effective immediately upon its PASSED, ADOPTED AND APPROVED this o� � day of , 2000. /I H ARBY CE5TIFY that ave ap r4ed/thip//esoluti as to form. MITCHELL S. CITY ATTOF r 61 JOE SCHREIBER MAYOR RECORD OF COMMISSION MAYOR SCHREIBER --, DIST 1: COMM. PORTNER— DIST 2: COMM. MISHKIN — DIST 3: COMM. SULTANOF. DIST 4: VIM ROBERTS Exhibit "A" Temp. Reso. # 8996 CERTIFICATION OF CONTRACT TITLE: Computers: Client Server Systems CONTRACT NO.: 250-040-99-1 BID NO.: 31-250-040-B CONTRACTOR(S): See Attached EFFECTIVE: July 1, 1998 through June 30, 2001 (Rev 20 Dec 99) SUPERSEDES: 250-040-96-1 Suite 315 ANY QUESTIONS, SUGGESTIONS, OR CONTRACT SUPPLIER PROBLEMS WHICH MAY ARISE SHALL BE BROUGHT TO THE ATTENTION OF DAVID COMER AT (850) 487-4196 SUNCOM 2774196, E-MAIL ma i Ito: comerd(c'vdms. state. fl.us A. AUTHORITY - Upon affirmative action taken by the State of Florida Department of Management Services on June 30, 1998, a contract has been executed between the State of Florida and the designated contractors. B. EFFECT - This contract was entered into to provide economies in the purchase of Client Server Systems by all State of Florida agencies and institutions. Therefore, in compliance with Section 287.042, Florida Statutes, all purchases of these commodities shall be made under the terms, prices, and conditions of this contract and with the suppliers specified. C. ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive of all Federal, State and local taxes. All contract purchase orders shall show the Division of Purchasing contract number, product number, quantity, description of item, with unit prices extended and purchase order totaled. (This requirement may be waived when purchase is made by a blanket purchase order.) 0 Exhibit "A" D. CONTRACTOR PERFORMANCE - Agencies shall rdport 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/lmb Attachments E • Exhibit "A" CONTRACTORS: 3Com Corporation (A) (Rev 19 Aug 98) ABC Computers, Inc. (A) (Rev 30 Jun 99) Acer America (A) Alcatel (A) (Rev 6 Dec 99) American Power Conversion (A) Amherst Corporate Computer Sales (A) (Rev 1 Apr 99) Apple Computer, Inc. (A) (Rev 20 Dec 99) 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) (Rev 6 Dec 99) 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) (Rev 30 Jun 99) Lucent Technologies (A) Marconi Communications (A) (Rev 6 Mar 00) MTX, Inc. (A) NEC Computer Systems Division, Packard Bell NEC, Inc. (A) Nortel Networks USA, Inc. (A) Pomeroy Computer Resources, Inc. (A) Premio Computers Florida, Inc. (A) (Rev 28 Sep 99) 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 (Rev 30 Jun 99) (A) WIN Laboratories, Ltd. (C) Exhibit "A" • SPECIAL CONDITIONS PURPOSE The purpose of this bid is to establish a 12 month contract for the purchase of client server systems by all State of Florida agencies and other eligible users in accordance with Eligible Users paragraph, General Conditions. It is anticipated that the contract will be effective from July 1 11998 through June 30 1999 . ESTIMATED QUANTITIES It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately $250,000,000 under any contract resulting from this bid. These estimated figures are given only as a guideline for preparing your bid and should not be construed as representing actual figures under the contract. ADDITIONAL ELIGIBLE USERS In addition to "Eligible Users" paragraph, General Conditions, use of State contracts shall be available to Federal agencies and private non-profit educational facilities as defined in Section 240.605, Florida Statutes, which may desire to purchase under the terms and conditions of the contract. OPTIONAL CONTRACT USAGE In addition to the eligible users referenced above and with the consent of the successful bidder(s) purchases may ace made under the terms and conditions of this Invitation to Bid/Request for Proposal, by governmental entities ated outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations shall apply to purchases made under this contract. SPECIAL ACCOMMODATION Any person requiring a special accommodation at State Purchasing because of a disability should call State Purchasing at (850) 488-8440 at least five (5) workdays prior to the bid opening. If you are hearing or speech impaired, please contact State Purchasing by using the Florida Relay Service which can be reached at 1 (800) 955-8771 (TDD). ACCEPTABLE EQUIPMENT Bid shall be for new equipment only. Newly manufactured (containing used or rebuilt parts), remanufactured, rebuilt, reconditioned, newly remanufactured, used, shopworn, demonstrator or prototype equipment is not acceptable and will be rejected. 0 3 Fxhibit "A" LIMITATION OF REMEDIES loontractor'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. Of 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 4Vroperty caused by Contractor's negligence or tortious conduct. 4 Exhibit "A" tthis contract is for the acquisition of licensed programs, including personal computer licensed programs, en the following shall apply: Contractor's entire liability and the State's exclusive remedy shall be as follows: In all situations involving performance or non-performance of licensed programs furnished under this Agreement, the State's remedy is (1) the correction by the Contractor of licensed program defects, or (2) if, after repeated efforts, the Contractor is unable to make the licensed program operate as warranted, the State shall be entitled to recover actual damages to the limits set forth in this section. For any other claim concerning performance or non-performance by the Contractor pursuant to, or in any way related to, the subject matter of this Agreement the State shall be entitled to recover actual damages to the limits set forth in this section. Contractor's liability for damages to the State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort including negligence, shall be limited to the greater of $100,000 or the one time charges paid for, or any monthly license or initial license charges which would be due for 12 months use of the licensed program that caused the damages or that is the subject matter of, or is directly related to, the cause of action and shall include any initial or process charges paid to the Contractor. This limitation of liability will not apply to (a) the payment of cost and damage awards referred to in General Condition 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 aw�urther, that with respect to any claim, or portion thereof, for which Contractor agrees at the initiation of such Waim that Contractor shall save and hold the State harmless, Contractor shall have the sole control of the defense, trial and any related settlement negotiations, and (c) the State fully cooperates with Contractor in the defense of any claim. In no event, however, will Contractor be liable for (a) any damages caused by the State's failure to perform the State's responsibilities, or for (b) any lost profits or other consequential damages, even if Contractor has been advised of the possibility of such damages, or for (c) any claim against the State by any other party, except as provided in the hold harmless provision of the preceding paragraph of this Special Condition and except as provided in the General Condition entitled "Patents and Royalties", or for (d) any damages caused by performance or non-performance of machines or programming located outside the United States or Puerto Rico. SOFTWARE LICENSE Bidder shall grant to the customer a non-exclusive/non-transferable license to use all software procured from the contract resulting from this Invitation To Bid. Use of this software is subject to the following provisions: Copyrighted software provisions are contained in the General Condition entitled "Patents and Royalties". 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. Exhibit "A" 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. 5. 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. 8. 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 011 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. 0 Exhibit "A" AhANUFACTURER'S CERTIFICATION In the event a bid is submitted by other than the equipment manufacturer, a certification executed by the manufacturer shall be required stating the bidder is an authorized representative of the manufacturer. The manufacturer's certification must be executed by the manufacturer's representative authorized to bind all the manufacturer's branches, dealers/resellers, and/or service establishments. Dealers/resellers are not authorized to sign this certification on behalf of the manufacturer. Failure to submit this certification with your bid shall result in disqualification of the bid. CONTRACT DUPLICATION Bidders currently awarded equipment on any other State contract shall identify those products, if duplicated anywhere within this bid. The State reserves the right to delete duplicated equipment from this and/or other contracts. Deletion will occur only if the bidder's equipment is awarded on this contract. 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 hase agreements, State agencies are cautioned to review the Comptrollers latest memorandum addressing 4Varcses 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 Exhibit "A" 1. 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 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 orking order. The purchaser shall certify in writing to the contractor when the equipment is accepted at which time title shall transfer. Exhibit "A" kr equipment designated as customer installed, the date of acceptance'shall be the delivery date, provided the chaser 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 S 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 Oil work contracted for shall be performed by factory trained technicians. Technicians working under the direct supervision of a factory trained technician are permitted. A copy of the technician's certification shall be made available by the contractor upon request by State Purchasing. BID TABLES The appropriate Bid Table shall be completed for each category of product bid. The information to be completed on the Bid Table includes: Product manufacturer Vendor / bidder Standard Delivery Time in Days Which the Vendor Can Perform (not to exceed 30 days) Manufacturer and Description of Products Bid Bid percentage for Category Products as well as Balance of Line Products Bid; either, Cost Plus/Minus % for State Government and State Education, or Cost Plus/Minus % for GSA Pricing Schedule Optional Support Bid at Discount Manufacturer's price lists or GSA price list/schedule shall be submitted with the bid in accordance with the requirements under PRICE LISTS. Bid Tables, and other pages required for completion of the bid may be copied, as needed. 11 M Exhibit "A" AhTEM 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 only Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom Portrait only -no landscape • No Tables • No Headers or Footers No Excel Files Failure to submit the information required in this section will be grounds for disqualification of your bid and/or removal from any resulting contract. 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 *esulting 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. El Exhibit "A" If a State Agency elects to purchase from a source other than the resulting State contract, such purchases shall e in accordance with Chapter 287, F.S., and 60A Florida Administrative Code. After receipt of payment from the contract purchases, all vendor surcharge fees shall be payable to the State of Florida no later than 15 days after the end of each quarter. Vendor surcharge fee and contract number should be noted on the check and remitted to: State of Florida Department of Management Services P.O. Box 5438 Tallahassee, FL 32314-5438 Contract supplier shall furnish State Purchasing a detailed summary of sales at the end of each quarter. 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. RICE LISTS On any contract where pricing is based on a Manufacturer's published price list, the price list must be provided by the BIDDER as part of the bid package in hard copy. Bidders must provide a price list on a 3.5 inch diskette as a Word For Windows file, which includes headings and subheadings of the categories of systems, peripherals, and components which the vendor has bid. Each product on the price list shall be identified by part number, brand name, description, manufacturers cost and net price. Any subsequent revisions shall be submitted in the same format to the State Purchasing CONTRACT ADMINISTRATOR, for review and approval prior to implementation. Diskette must be formatted as: • "Word for Windows" • Font: Times New Roman 12 • Preset tabs only • Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom • Portrait only -no landscape • No Tables • No Headers or Footers • No Excel Files Failure to submit the information required in this section will be grounds for disqualification of your bid *nd/or removal from any resulting contract. Exhibit "A" PRICING SCHEDULE TO REMAIN FIRM 4ke pricing schedule, cost plus/minus basis or GSA pricing basis, bid by each awarded vendor shall remain firm for any product placed on the contract resulting from this bid, or for products added to the contract at a later date through revision to the contract. ADDING NEW PRODUCTS The contractor may add new products to the contract at the pricing schedule as originally bid. 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 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. *RICE REDUCTION Reductions in price shall be effective upon receipt of written notification to the State Purchasing and shall remain in effect for the balance of the contract term, unless further reduced by the contractor. In the event that the contractor announces a price reduction on any equipment listed on the contract prior to the purchaser's acceptance of said equipment, such price reduction shall be made available to the purchaser. This condition shall not apply to temporary sales promotions. SALES PROMOTIONS A contractor, during the term of the contract, may lower prices of products on the contract, for a specified period of time. The contractor shall document sales promotions to and receive approval of State Purchasing, prior to offering sales promotions to contract users. Documentation of sales promotions shall specify starting and ending dates of the promotion, specify list prices and promotional prices, and shall contain a statement that the promotional prices are available to all contract users. Sixty (60) days is established as the minimum period of time for which a sales promotion can be offered. Sale pricing shall be made available on contract items only and promoted to all users of the contract. Evidence of offering of a sales promotion to a contract user prior to the submittal to and approval of the State Purchasing shall subject the contractor to removal from the contract. Sales promotions approved by State Purchasing must be posted on the contractors Internet Home Page with awarded products. 12 Exhibit "A" RICE LISTS POSTED ON THE WORLD WIDE WEB WWW CONTRACT HOLDER shall configure PRICE LIST consisting of awarded product and post the prices on the CONTRACT HOLDERS Internet Home Page. All price lists must be reviewed and approved by State Purchasing before they can be posted to the CONTRACT HOLDER Internet Home Page. Contractors must provide State Purchasing with a universal resource locator (URL) where price lists will be posted. CONTRACT HOLDERS posted price list shall include the following: DMS Approval Date Contract Number Part Number, Description, Manufacturers Cost and Contract Prices Authorized Resellers 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 sing the Florida Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute State erm Contracts and product information to eligible users and other interested entities who may subscribe to this service and pay the appropriate access fee. The Universal Resource Locator (URL) for the INTERNET HOME PAGE must be listed in the space provided on the Ordering Instructions page of the bid. PRICE LIST, CATALOGS, DESCRIPTIVE BROCHURES Contractor agrees to furnish participating agencies price schedules, catalogs and descriptive brochures as requested. UANTITY 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 flits u4:orrlMgiy. CARD PROGRAM The State of Florida has implemented a purchasing card program through NationsBank, using the Visa network. Vendors will receive payment from the purchasing card in the same manner as other Visa purchases. Please indicate your ability to accept Visa in the space provided on the Ordering Instruction sheet of the bid. 13 Exhibit "A" NDOR 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' COMyPENSATION 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. 10 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. 14 Gxhibit "A" ECURITY DEVICES Bidders are to identify and price all available optional or installed security devices , such as key locks, plastic card readers, etc., on price sheets. TRADE IN Contract users may trade-in equipment when making purchases from this contract. A trade-in must be negotiated between the user and the contractor. Users are obligated to actively seek current fair market value when trading equipment, and to keep accurate records for the process. For State agencies, it may be necessary to provide documentation to the Office of the State Comptroller. YEAR 2000 COMPLIANCE WARRANTY 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 Wtate under this warranty shall include repair or replacement of any item whose non-compliance is discovered nd made known to the contractor in writing within ninety (90) days after acceptance. Nothing in this warranty shall be construed to limit nay rights or remedies the State may otherwise have under this contract with respect to defects other than Year 2000 performance. YEAR 2000 COMPLIANCE (SOFTWARE) The licensor represents and warrants that the software, which is licensed to licensee hereunder, is designed to be used prior to, during, and after the calendar year 2000 AD, and that the software will operate during each such time period without error relating to date data, specifically including any error relating to, or the product of, date data which represents or references different centuries or more than one century. Without limiting the generality of the foregoing, Licensor further represents and warrants (1) that the software will not abnormally end or provide invalid or incorrect results as a result of date data, specifically including date data which represents of references different centuries or more than one century; (2) that the software has been designed to ensure year 2000 compatibility, including, but not limited to, date data century recognition, calculations which accommodate same century and multi -century formulas and date values, and date data interface values that reflect the century; (3) that the software included "year 2000 capabilities", which means the software (a) will manage and manipulate data involving dates, including single century formulas and multi -century formulas, and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid results involving such dates; and (b) provides that all date -related user interface functionalities and data fields include the indication of century; and (c) provided that all date -related data interface functionalities include the indication of century. LJ 15 Exhibit "A" 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 0hall 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. • 16 Exhibit "A" • 1.0 SCOPE State of Florida Department of Management Services STATE PURCHASING SPECIFICATIONS CLIENT SERVER SYSTEMS These specifications are the requirements and provisions for the bidding and awarding of a State term contract for Client Server Systems to include Microcomputers, Network Servers and Workstations, Network Computers and Network PCs, Peripherals, Network Connectivity Devices, and Uninterruptible Power Supplies. 2.0 GENERAL REQUIREMENTS AND PROVISIONS .7 COMPONENTS Components (such as monitors, keyboards, mouse and trackball, expansion boards, network interface cards, internal modems, multimedia, and storage devices purchased with and integrated with the systems prior to delivery) will carry the same support level and warranty provisions as the system. OPERATING SYSTEM SOFTWARE Operating system software (DOS, OS/2, Windows, Windows NT, UNIX, and Macintosh system) may be offered by microcomputer system bidders, preloaded by the manufacturer/dealer, as a balance of line under the same pricing schedule (percentage mark-up to manufacturer's price list), as the microcomputers systems bid. AMERICANS WITH DISABILITIES ACT The Federal ADA bars employment discrimination and requires all levels of Government to provide necessary and reasonable accommodations to qualified workers with disabilities. Although it is not mandatory that bidders offer these products to receive an award, bidders are requested to identify any hardware and software products which may be used or adapted for use by visually, hearing or other physically impaired individuals. ENERGY STAR COMPLIANT The Federal Environmental Protection Agency encourages the manufacture of energy efficient computer hardware, and the State of Florida supports this initiative. State Purchasing prefers that all microcomputers, monitors, and laser printers offered under this bid/contract is energy star compliant and bear the EPA Energy Star Logo. Bidders are requested to identify only the hardware which is not Energy Star compliant. State agencies seek to reduce the total cost of equipment ownership and operation and should consider the purchase of Energy Star compliant equipment if it meets the agency's performance needs. 17 Exhibit "A" • COST PLUS/MINUS PRICING BASIS Bidders will bid a single percentage (to the nearest hundreth, e.g. 1.95%) on a cost plus/minus basis, to the manufacturer's price list (C channel, USA1, Level 4, or other specified manufacturer's price list) to that manufacturer's largest volume dealers/resellers. The manufacturer's price list will be submitted with the bid and shall represent the most current price list available at the date of the bid opening. GSA pricing may be offered as alternate pricing by the bidder. The GSA price list/schedule will be submitted with the bid. ELIGIBLE MANUFACTURER BRANDS The Gartner Group Vendor Tiering Model was utilized in determining the eligible manufacturer brands which could be bid in specific categories. Commodity categories which are manufacturer specific, where Gartner Group Vendor Tiering was not available were established on the best available knowledge of manufacturer market share. ITEM DESCRIPTIONS Contract price lists shall be structured with 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. Descriptions of systems or individual items on price lists shall be of sufficient detail to easily identify the product. Items not adequately described will be rejected as ineligible for this bid/contract. CONTRACT CHANGES Awarded contractors may offer new hardware introduced by the manufacturer during the contract period at the same pricing schedule as bid and awarded. As soon as they are announced by the manufacturer, all product line changes (additions, deletions, price changes) shall be submitted by e-mail to the State Purchasing contract administrator for review. Price reductions announced by the manufacturer shall take effect immediately and be applied to unshipped and subsequent orders. BALANCE OF LINE The balance of line provisions of this bid/contract are provided for the convenience and benefit of the contract users as well as the awarded vendors. The balance of line provisions allow the purchaser a "one - stop" procurement mechanism, as well as facilitating the ability of a contractor to provide a "complete system" for the purchaser. It is incumbent on the purchaser to "shop" the contract and purchase products which meet their needs at the lowest net delivered costs. Vendors who bid and are awarded systems or other major categories of products may offer a "balance of line" of peripherals; to include those which are specified as peripherals in this bid/contract, and monitors, input devices, pen plotters, scanners, printers, storage devices, expansion cards, modems, and other standard system components. Such balance of line peripherals and components shall: be offered under the same pricing schedule (mark-up to the manufacturer's price list to that manufacturer's largest volume dealers/resellers) or GSA pricing. The balance of line peripherals/components price lists shall be submitted with the bid. Exhibit "A" It is incumbent on the contractors to offer products under the balance of line provisions which are competitively priced. State Purchasing will review and compare balance of line price lists to determine if prices are competitive. Should it be determined, by the State Purchasing, that the balance of line price lists of a contractor are not competitive, the contractor will be given an opportunity to submit a competitive price list. If the contractor is unable to or chooses not to reduce prices for balance of line products, the balance of line provision for that contractor will be revoked. MAJOR ACCOUNT SUPPORT LEVEL State of Florida agencies and other eligible contract users purchase a substantial annual volume of systems, servers, peripherals, and components from manufacturers (directly from the manufacturer or through resellers) through the State term contract for client server systems. The State of Florida may accept designation as a "Major Account" (under the particular manufacturer named program), with any manufacturer or vendor/reseller awarded under this bid/contract, attendant with the additional benefits and privileges which come with that designation. The bidder/contractor will act on the State's behalf to assure that the State is recognized by the manufacturer under that manufacturer's "Major Account" program, and that the State receives the benefits and privileges of such designation. If your firm offers this type of support, see attached sheet to designate the benefits and privileges which are available to the State of Florida from the manufacturer of products which are awarded under this bid/contract. Awarded vendors/manufacturers who designate the State of Florida as a "Major Account" (under that manufacturer's named program) and provide sufficient benefits and privileges thereunder, will be designated. STANDARD DELIVERY TIMES Standard delivery times shall be expressed by the bidder on the bid table, and will represent the number of calendar days normally required to make delivery after receipt of a purchase order. Delivery times in excess of thirty (30) days will not be accepted. Failure to deliver products within the delivery time as stated in the contract may subject the contractor to reprocurement costs, penalties and/or contract cancellation. A contractor, within five (5) days after receipt of order, shall notify the purchaser of any potential delivery delays. Evidence of inability to deliver or intentional delays in attempt to force the purchase of substitute product, shall be cause for contract cancellation and vendor suspension. 3.0 DESKTOP MICROCOMPUTERS AND PORTABLE MICROCOMPUTERS 3.1 DESKTOP MICROCOMPUTERS ELIGIBLE DESKTOP MICROCOMPUTERS WHICH MAY BE BID Gartner Group Tier I and II vendors, (IBM, Compaq, Apple, AST, Digital, Dell, Hewlett-Packard, NEC, Acer, Gateway, Micron, Unisys); and, Other vendors who offer an extensive manufacturer line of microcomputers and provide documentation with the bid of a minimum installed base of 1000 microcomputers with State of Florida agencies and political subdivisions, in the most recent two State fiscal years. 0 A maximum of ten (10) vendors will be awarded desktop microcomputers. 19 Exhibit "A" . STANDARD SUPPORT LEVEL FOR DESKTOP MICROCOMPUTERS Requirements and provisions of STANDARD SUPPORT LEVEL for desktop microcomputers include: - Inside delivery, with buyer set-up and installation. - Minimum 1-year on -site warranty labor, in the State of Florida. - Minumum 3-year warranty parts coverage. Maximum next business day response for warranty service. Maximum two (2) business days repair time, or replace with comparable equipment (replace with new equipment only during warranty period). - Toll free telephone support and fax/E-mail/Intemet information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). 30-day money back guarantee, return to vendor, with no restocking fee or comparable charges. Optional Support which may be bid under t1he Standard Support Level: - Dealer set-up and installation. - Warranty upgrade, beyond year I (to 5-year maximum). Warranty upgrade may be purchased at time of system purchase or during the warranty period. - Warranty service response upgrade, e.g.; maximum 4-hour response and/or 8-hour response. 3.2 PORTABLE MICROCOMPUTERS ELIGIBLE PORTABLE MICROCOMPUTERS WHICH MAY BE BID Gartner Group Tier I and U vendors(Compaq, IBM, Toshiba, AST, Digital, Dell, Hewlett-Packard, NEC, • Acer/TI), and; Other vendors who offer an extensive manufacturer line of portable microcomputers and provide documentation with the bid of a minimum installed base of 1000 of that manufacturer's portable microcomputers with State of Florida agencies and political subdivisions, in the most recent two State fiscal years. A maximum of five (5) vendors will be awarded portable microcomputers. STANDARD SUPPORT LEVEL FOR PORTABLE MICROCOMPUTERS Requirements and provisions of STANDARD SUPPORT LEVEL for Portable Microcomputers include: Inside delivery, with buyer set-up and installation. Minimum 1-year warranty (or manufacturer standard warranty if greater than 1-year), with return - to -factory or service center. Maximum two (2) business days repair time, after receipt at repair facility, or replace with comparable equipment (replace with new equipment only during warranty period). - Toll free telephone support and fax/E-mail/internet information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). - 30-day money back guarantee, return to vendor, with no restocking fee or comparable charges. Optional Support which may be bid under Standard Support Level: - Warranty upgrade, beyond year 1 (to 5-year maximum). Warranty upgrade may be purchased at time of system purchase or during the warranty period. 4.0 NETWORK SERVERS AND WORKSTATIONS 0 NETWORK SERVERS may be bid in two categories: 20 Exhibit "A" 0. I WINDOWS NT NETWORK SERVERS ELIGIBLE WINDOWS NT NETWORK SERVERS WHICH MAY BE BID Network servers to be bid shall be those NT Server Platforms running Windows NT on Intel processors. Those Windows NT network servers recommended by Gartner Group and approved to be bid are: Compaq, Hewlett-Packard, IBM, Dell, Digital Intergraph, Tandem, Data General, Stratus, Netframe. 4.2 UNIX NETWORK SERVERS ELIGIBLE UNIX NETWORK SERVERS WHICH MAY BE BID Network servers to be bid shall be those UNIX Server Platform running UNIX Operating Environment. Those UNIX network servers recommended by Gartner Group and approved to be bid are: Sun, Hewlett- Packard, Compaq -Tandem, Dell, IBM, Digital, Siemens Nixdorf, Silicon Graphics. A maximum of five (5) vendors will be awarded Windows NT Network Servers and five (5) vendors will be awarded UNIX Network Servers. BALANCE OF LINE — NETW OR;C SERVERS AND WORKSTATIONS Vendors who bid and are awarded Network Servers may offer technical/scientific workstations of the same manufacturer brand as the Network Servers bid and awarded, as "balance of line" products, in addition to acceptable peripherals and components and under the same provisions as stipulated under BALANCE OF LINE. STANDARD SUPPORT LEVEL FOR NETWORK SERVERS and WORKSTATIONS Requirements and provisions of STANDARD Support Level for Network Servers and Workstations include: Inside delivery, with buyer set-up and installation. - Minimum 1-year on -site warranty labor, in the State of Florida. - Minimum 3-year warranty parts coverage Maximum next business day response for warranty service. Maximum two (2) business days repair time, or replace with comparable equipment (replace with new equipment only during warranty period). - Toll free telephone support and fax/E-mail/Internet information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). - 30-day money back guarantee, return to vendor, with no restocking fee or comparable charges. Optional Support which may be bid under the STANDARD SUPPORT LEVEL: - Dealer set-up and installation. - Warranty upgrade, beyond year 1 (to 5-year maximum). - Warranty service response upgrade; e.g., maximum 4-hour response and/or 8-hour response. 5.0 NETWORK COMPUTERS AND NETWORK PCs Network Computers and Network PCs may be bid in the applicable category: • 21 Exhibit "A" 0.1 NETWORK COMPUTERS C Network Computers (NC) — generally provide access to commonly used PC applications through a network connection. A Network Computer is normally configured with 4-64 NIB of RAM, an 8 MB ROM card, a Smart Card slot, infrared and network interfaces, a parallel port, and a pair of PS/2 - compatible 1/0 ports. The basis for the software approach is JAVA. The known vendors for Network Computers are IBM, Sun, Hitachi Data Systems, Boundless Technologies, Network Computing Devices, Hewlett-Packard, and Wyse Technology, 5.2 NETWORK PCs etPC Network PC (NetPC) — are network -oriented devices but unlike Network Computers, they still offer the user control over storage and local processing. The NetPC runs Windows like a conventional PC plus Zero Administration Windows (ZAW). The known vendors for Network PCs are Compaq, Dell, Hewlett-Packard, Mitsubishi, Unisys, NEC, Acer, Gateway 2000, Pionex Technologies, Mitac, and Zenith Data Systems. A maximum of three (3) vendors will be awarded Network Computers and three (3) vendors will be awarded Network PCs. STANDARD SUPPORT LEVEL FOR NETWORK COMPUTERS AND NETWORK PCs Requirements and provisions of STANDARD SUPPORT LEVEL for Network Computers and Network PCs include: = Inside delivery, with buyer set-up and installation. Minimum 1-year on -site warranty labor, in the State of Florida. Minumum 3-year warranty parts coverage. - Maximum next business day response for warranty service. Maximum two (2) business days repair time, or replace with comparable equipment (replace with new equipment only during warranty period). - Toll free telephone support and fax/E-mail/lntemet information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). 30-day money back guarantee, return to vendor, with no restocking fee or comparable charges. Optional Support which may be bid under the Standard Support level: - Dealer set-up and installation. - Warranty upgrade, beyond year 1(to 5-year maximum). Warranty upgrade may be purchased at time of system purchase or during the warranty period. - Warranty service response upgrade, e.g.; maximum 4-hour response and/or 8-hour response. 6.0 PERIPHERALS (PRINTERS, STORAGE DEVICES, MEMORY EXPANSION CARDS) BALANCE OF LINE — PERIPHERALS Vendors who bid and are awarded in a category (s) of these peripherals may offer a "balance of line" of support products for the peripheral category, which may be needed for connectivity or operation where installed. Such balance of line products shall be offered under the same pricing schedule (cost plus/minus basis to the manufacturer's price list to that manufacturer's largest volume dealers/resellers) or GSA pricing, as the peripherals bid. The balance of line products price list shall be submitted with the bid. Nip Exhibit "A" 0 Printers which may be bid are: 6.1.1 PRINTERS -Laser Monochrome 6-24 opm, Color 3-$ m). and, 6.1.2 PRINTERS - Ink Jet Monochrome and Color .75 — 5.0 m Each printer bid, purchased and delivered, shall include a cable, parallel or serial connection as required, a minimum of six (6) feet in length. A maximum of three (3) vendors will be awarded Laser Printers and three (3) vendors will be awarded Ink Jet Printers. Award will be based on responsive bidders offering the lowest net delivered prices for the most complete line of printers in each category. Vendors who bid and are awarded printers in either category may offer "balance of line" products which may include dot matrix printers with a minimum speed of 75 cps, near letter quality. The balance of line products shall be offered under the same pricing schedule (cost plus/minus basis to the manufacturer's price list to that manufacturer's largest volume dealers/resellers) or GSA pricing, as the printers bid. The balance of line products price list shall be submitted with the bid. STANDARD SUPPORT LEVEL FOR PRINTERS Requirements and provisions of Standard Support Level for Printers include: - Inside delivery, with buyer set-up and installation. 1-year on -site warranty labor, in the State of Florida. - Minimum 3-year warranty parts coverage. Maximum next business day response for warranty service. Maximum two (2) business days repair time, or replace with comparable equipment (replace with new equipment only during warranty period). Toll free telephone support and fax/E-mail/Intemet information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). 30-day money back guarantee, return to vendor, with no restocking fee or comparable charges. Storage Devices which may be bid are: 6.2.1 STORAGE DEVICES - DISK (Magnetic and Optical) 6.2.2 STORAGE DEVICES - TAPE DEVICES A maximum of three (3) vendors will be awarded Disk Storage Devices and three (3) vendors will be awarded Tape Storage Devices. STANDARD SUPPORT LEVEL FOR STORAGE DEVICES Requirements and provisions of Standard Support Level for Storage Devices include: - Inside delivery with buyer set-up and installation. Minimum 1-year replacement warranty (or manufacturer standard warranty if greater than 1-year), with return -to -factory or service center. Toll free telephone support and information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). 30-day money back guarantee, return to vendor, with no restocking fee or comparable charges. 0.3 MEMORY EXPANSIONL CARDS Memory Expansion Cards which may be bid include: main, expanded, cache, PCMCIA cards 23 Exhibit "A" * maximum of three (3) vendors will be awarded memory expansion cards. STANDARD SUPPORT LEVEL FOR MEMORY EXPANSION CARDS Requirements and provisions of Standard Support Level for Expansion Cards include: - Inside delivery with buyer set-up and installation. - Minimum 1-year replacement warranty (or manufacturer standard warranty if greater than 1-year), with return -to -factory, service center, or vendor. - Toll free telephone support and information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). - 30-day money back guarantee, return to vendor, with no restocking fee or comparable charges. 7.0 NETWORK CONNECTIVITY DEVICES Network Connectivity Devices which may be bid include: Internetworking Devices - to include bridges, routers, repeaters, switches, gateways, multiplexors, hubs and concentrators) Network Adapter Cards - to include all current network topologies and bus architectures Gartner Group Tier 1 and 2 vendors which may bid in these two categories of network connectivity devices include: Cisco, 3Com, Fore, Cabletron, Bay, IBM, Xylan, Madge, Hewlett-Packard, and Digital; and, Other vendor devices may be bid in a device category if the bidder provides with the bid, documentation that the vendor devices bid have captured 5% or more of the U. S. market over the past two years, and offers 2 or more lines or models of those devices. A maximum of five (5) vendors will be awarded network connectivity devices. BALANCE OF LINE — NETWORK CONNECTIVITY DEVICES Vendors who bid and are awarded network connectivity devices may offer a "balance of line" of support products for the peripheral category, which may be needed for connectivity or operation where installed. Such balance of line products shall be offered under the same pricing schedule (cost plus/minus basis to the manufacturer's price list to that manufacturer's largest volume dealers/resellers) or GSA pricing, as the network connectivity devices bid. The balance of line products price list shall be submitted with the bid. STANDARD SUPPORT LEVEL for Network Connectivity Devices include: Inside delivery with buyer set-up and installation. Minimum 1-year replacement warranty (or manufacturer standard warranty if greater than 1- •;za,;t; with;cturn-to-factory, service center, or vendor. Toll free telephone support and information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). - 30-day money back guarantee, return to vendor, with no restocking fee or comparable charges. Optional Support which may be bid under Network Connectivity Devices: Dealer set-up and installation. - Warranty upgrade, beyond year 1 (to 5-year maximum). Warranty upgrade may be purchased at the time of device purchase or during the warranty period. Warranty service response upgrade; e.g., maximum 4-hour response and/or 8-hour response. 24 Exhibit "A" �8.0 UNINTERRUPTIBLE POWER SUPPLIES Bidders may bid uninterruptible power supplies ranging from 250 VA to 5000 VA. Other power protection equipment which may be bid include: Surge suppressors and voltage regulators. A maximum of three (3) vendors will be awarded uninterruptible power supplies. Awards will be made to responsive bidders offering the lowest net delivered prices for the most complete line of uninterruptible power supplies. BALANCE OF LINE -- UNINTERRUPTIBLE POWER SUPPLIES Vendors who bid and are awarded uninterruptible power supplies may offer a "balance of line" of support products for the peripheral category, which may be needed for connectivity or operation where installed. Such balance of line products shall be offered under the same pricing schedule (cost plus/minus basis to the manufacturer's price list to that manufacturer's largest volume dealers/resellers) or GSA pricing, as the uninterruptible power supplies bid. The balance of line products price list shall be submitted with the bid. STANDARD SUPPORT LEVEL for Uninterruptible Power Supplies include: Inside delivery, with buyer set-up and installation. Minimum 2-year replacement or repair warranty (or manufacturer standard warranty if greater than 2-years), with retum-to-factory, service center, or vendor. - Maximum two (2) business days repair time, after receipt at repair facility, or replace with comparable equipment (replace with new equipment only during warranty period). - Toll free telephone support and information (Minimum: Business days 8:00 a.m. to 5:00 p.m., Eastern Time). 30-day money back guarantee, return to vendor, with no restocking fee or comparable charge. Optional Support which may be bid under the Standard Support Level includes: - Dealer set-up and installation - Warranty upgrade, beyond year 2 (to 5-year maximum). Warranty upgrade may be purchased at time of UPS purchase or during the warranty period. - Warranty service response upgrade; e.g., on site, 4 hour response, or next business day. 9.0 ACCEPTABLE AND EXCLUDED PRODUCTS Hardware or software not specifically designated as acceptable products for this bid/contract, is excluded. Determination of the acceptability of products for this bid/contract is at the sole discretion of the State Purchasing. Inclusion of unacceptable products on the price lists with the bid will result in the bidder being declared non -responsive and disqualified. Awarded contractors who add unacceptable products on the price lists will be disqualified and removed from the contract for all products awarded. Specific exclusions include: - Supplies (diskettes, tapes, paper, ribbons, toner, cartridges) Software (programming languages, application, utility) Data processing furniture - Dedicated word processors or office automation systems Any other hardware and software not specifically defined as acceptable products for bid/contract. . Determination of acceptable products will be at the sole discretion of State Purchasing. 041 $xhibit "A" 10 0.0 INSPECTION, TEST, AND DEMONSTRATION PROCEDURES The State reserves the right to require each bidder/contractor to demonstrate to the satisfaction of the State, within ten (10) days of request, that the contractor's equipment is compatible and will operate as required by the State and as represented by the contractor, and that the equipment will connect to, integrate into, and/or function as required by the State and as represented by the bidder. Demonstration content, time, and place is subject to agreement between the State and the contractor. 11.0 SHIPMENT PACKING AND MARKING 11 All items shall be packed so as to insure safe transport and delivery to destination. Shipping containers .:—Ked to identify the contents, name of contractor, and the contract or purchase order number. 26 Exhibit "A" 0 • CLIENT SERVER SYSTEMS 250-040-99-1 COMMODITY NUMBER INDEX 250-040 Microcomputers, Desktop and Laptop 250-045 Network/File Servers 250-900 Workstations 250-780 Monitors 250-740 Printers (laser) 250-750 Printers (ink jet, dot matrix, portable) 250-620 Pen Plotters 250-720 Diskette Drives/Hard Disk Drives 250-770 Optical Storage Devices 250-780 Input Devices 250-680 Image Scanners/Optical Character Recognition Devices 250-760 Tape Devices 250-700 Expansion Boards/Cards 250-860 Network Interface Cards/Adapters/Connectivity Devices 285-590-080 Uninteiruptible Power Supplies (New 19 Aug 98) 27 Exhibit "A" CONTRACT AWARDS CONTRACT CATEGORIES 3.1 DESKTOP MICROCOMPUTERS 3.2 PORTABLE MICROCOMPUTERS 4.1 WINDOWS NT NETWORK SERVERS 4.2 UNIX NETWORK SERVERS 5.1 NETWORK COMPUTERS 5.2 NETWORK PC'S 6.1.1 LASER PRINTERS 6.1.2 INKJET PRINTERS 6.2.1 STORAGE DEVICES - DISK (magnetic and optical) 6.2.2 STORAGE DEVICES - TAPE DEVICES 6.3 MEMORY EXPANSION CARDS 7.0 NETWORK CONNECTIVITY DEVICES 8.0 UNINTERRUPTABLE POWER SUPPLIES Contractors Brand Award Product Category 3COM 3COM 7.0 (Rev 19 Aug 98) ABC COMPUTER ABC 2000 3.1 (Rev 30 Jun 99) ACER AMERICA ACER AMERICA 3.1, 3.2, 4.2 (Rev (Rev 28 Sep 99) XYLAN 7.0 (Rev 6 Dec 99) AMERICAN POWER CONVERSION APC 8.0 AMHERST CORPORATE MICRONET 6.2.1 (Rev 1 Apr 99) APPLE COMPUTER APPLE 3.1, 3.2, 4.2 (Rev 20 Dec 99) CABLETRON CABLETRON 7.0 (Rev 19 Aug 98) CISCO SYSTEMS CISCO SYSTEMS 7.0 (Rev 19 Aug 98) COMARK HEWLETT PACKARD 3.1, 3.2, 4.1, 7.0 TOSHIBA 3.2 CANON 6.1.2 COMPAQ COMPAQ 3.1, 3.2, 4.1, 4.2, 5.2, 7.0 (Rev 6 Dec 99) COMPUSA, INC. AST 3.1 (Rev 23 Dec 98) COMPUCOM SYSTEMS AST 3.2 (Rev 23 Dec 98) WYSE 5.1 SEAGATE 6.2.1 DELL DELL 3.1, 3.2, 4.1, 4.2 *Rev 6 Dec 99) 28 Exhibit "A" ATEWAY 2000 GATEWAY 2000 3.1, 3.2, 4.2 E CAPITAL LEXMARK 6.1.1, 6.1.2 HAYES COMPUTER INTERGRAPH 3.1, 4.1 HEWLETT PACKARD HEWLETT PACKARD 4.2 (Rev 19 Aug 98) IBM IBM 3.1, 3.2, 4.1, 7.0, 4.2 (Rev 30 Jun 99) LUCENT TECHNOLOGIES LUCENT TECHNOLOGIES 7.0 MARCONI COMMUNICATIONS MARCONI COMMUNICATIONS 7.0 (Rev 6 Mar 00) MTX MTX 5.1 NEC COMPUTER NEC 3.1, 3.2, 5.2, 4.2 (Rev 23 Dec 98) NORTEL NETWORKS NORTEL NETWORKS 7.0 POMEROY HP 6.1.1 NEC 6.1.1 EPSON 6.1.2 MADGE 7.0 PREMIO COMPUTERS PREMIO 3.1 (Rev 28 Sep 99) SILICON GRAPHICS SILICON GRAPHICS 4.2 (Rev 19 Aug 98) SOUTHERN COMPUTER PROCOM 6.2.1, 6.2.2 SONY EXABYTE 6.2.2 6.2.2 SIMPLE TECHNOLOGIES 6.3 TRIPPLITE 8.0 SUN MICROSYSTEMS SUN MICROSYSTEMS 4.2 (Rev 19 Aug 98) UNISYS UNISYS 3.1, 3.2 (Rev 30 Jun 99) WIN LABORATORIES POWERCOM 8.0 11 29 Exhibit "A" ORDERING INSTRUCTIONS OTE: ALL ORDERS SHOULD BE DIRECTED TO: SPURS VENDOR NUMBER: F042797263-001 VENDOR: Cabletron Systems Sales and Service, Inc. (L STREET ADDRESS OR P.O. BOX: P.O. Box 5005 CITY, STATE, ZIP: Rochester, NH 03866-5005 TELEPHONE: 603 332-9400 TOLL FREE NO.: ORDERING FAX NO.: (603) 337-2211 REMIT ADDRESS: P.O. Box 730527 CITY, STATE, ZIP: Dallas, TX 75373-0527 WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD PRODUCT FORMATION: DIRECT INQUIRY TO: qW NAME AND TITLE: Brian Cassidy, Account Manager ADDRESS: P.O. Box 5005 CITY, STATF 71p 137--4estcr, Nh 03866-5005 TELEPHONE:f(603) 337-2484 TOLL FREE NO.: N/A URL HOME PAGE ADDRESS: hgp://www.ctron,com ELECTRONIC MAIL ADDRESS: bcassidy@ctron.com (New 19 Aug 98) • Levent Sucuoglu Exhibit "A" From: Cassidy, Brian [bcassidy@cabletron.com] Gent: Tuesday, May 02, 2000 12:02 PM To: 'levent@tamarac.org' Subject: Kent is on Cabletron's State Contract. Levent- X wanted to let you know that Kent is now an authorized reseller of all Cabletron equipment found on the Florida State Contract # 250040991. They are going to be added on the next revision of their website slated for later this month. You are now clear to place orders. if you or a member of your purchasing department would like to verify the status of Kent on our contract feel free to contact: Ken Gay State of Florida Management Services Department State Contracts Division 4050 Esplanade Way Suite 315N Tallahassee, FL 32399 Phone:850-487-4196 Fax:850-922-4945 Email:gaykl@dms.state.fl.us Thank You, Brian Cassidy Enterasys Networks (a Cabletron company) Florida Account Manager tate and Local Gov't Specialist Phone:603-337-2484 Fax:603-337-2211 bcassidy@ctron.com http://www.cabletron.com Cabletron's Florida State Contract #250040991 http://www.ctron.com/fscOS0598/fll.html CC ... 7J CC...>7 1 Exhibit "B" Temp. Reso. # 8996 0 KENT DATACOMM To: __.._ CITY OF TAMARAC attn., Levent Sucuoglu 954.724.1300 954.724.1308 fax Quotation From: Terence D. Smith 3613 N.W. 115 Ave. Miami, FL. 33178 Te1:305.717.1599 FaX:305.717.1595 Quote Number: Payment Terms: NET 30 Quote Date: 4/27100 Shipping Terms: F_O.8, Origin Valid Until: ' Quote Valid for 30 Days **' Item . Vendor Descri tion Part:Number QTY Unit.Priee Ext::Pr7ce Availability PHASE l 1 Cabletron 5 slot SrnartSwitch 6000 chassis with 6C105 1 $1,851.00 $ - STOCK modular fan tray 2 CaDletron 510 Watt AC power supply - BC208.3 2 $763.00 5 763.00 STOCK 3 Cabletron High Performance 10/100 Fast Ethernet 6H252-17 2 $4,013.00 $ 8,026.00 STOCK module for the SmartSwitch 6000 with 16-ports via RJ45 interfaces 4 Cabletron 48 Port 10/100 Module 6H302-48 1 $8,030.00 $ 8,030.00 5 Cabetron FDDI High Speed Interface Module HSIM-F6 2 $1,418.31 $ 2,836.62 1 WEEK 6 Cabletron FDDI port interface module with one FPIM-05 4 $1.359.00 $ 5,436.00 1 WEEK sindlemode fiber port. MIC connectors 7 Cabletron SmartStack Fast Ethernet switch. ELS100-24TXM 2 $1,850.00 $ 3,700.00 STOCK 24 port 8 Cabletron 48 port 10/100 managed bundle. (2) EL.S100-S488NDL 4 $3,457.00 $ 13,828.00 1 WEEK ELS100-S24TX2M, (1) ELS100-SMGMT, and (2) ELS100-STACK 9 Cabletron Lancast twister 100TX to 100FX MMF 2131-15-01 2 $320.00 $ 640.00 1 WEEK ST Connectors 10 Cabletron Ethernet Port Interface Module for the EPIM700-21`2 2 $614.91 3 1,229.82 STOCK F-L$100.24TXM TOTAL $ 44,489.44 STATE CONTRACT 0 260-040.99-1 — ITEM # 1 is free and 1of ITEM #2 is free, Printed: 4/27100. 10:29 AM Thank you for the opportunity to quote. Page: 1 AGREEMENT THIS AGREEMENT is entered into onj ly( i.,k :24 , 2000 between the City of Tamarac, a municipal corporation with principal offices located at 7525 NW 88th Avenue, Tamarac, Florida 33321 ("the City") and Kent Datacom, a corporation with principal offices located at 3513 N.W. 115 Avenue, Miami, FL 33178 (Contractor) as an authorized reseller of Cabletron Systems, Inc. for the purpose of providing networking equipment to the City of Tamarac. The parties hereby agree to the following terms and conditions. In return for valuable consideration in an amount not to exceed $44,489.44, Contractor shall comply with the terms and conditions within the State of Florida Contract #250-040-99-1 attached hereto as Exhibit A. All terms and conditions of contract documents set forth in Exhibit A are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Exhibit B incorporated as if set forth in full. Upon execution of this Agreement, all references made to the State of Florida Contract #250-040-99-1 in Exhibits A and B shall be interpreted as pertaining to Tamarac, and all terms and conditions of Exhibits A and B shall be deemed as having been implemented for use within the City of Tamarac. It is understood That wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners." This agreement and attached Exhibits A and B constitute the entire agreement between the City and the Contractor, Kent Datacom_ 0 (Remainder of page intentionally left blank) Exhibit "C" • E IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. The City of Tamarac, through its Mayor and Kent Datacom through , duly authorized to execute same. ATTEST: ATTEST: (Corporate Secretary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC By: �� > oe Schreiber, Mayor Date: � r Jeffrey Vp0i Date: City Manager KENT DATACOM (Name of President) Type/Print Name of President Date: Exhibit "C • ACKNOWLEDGEMENT STATE OF FLORIDA 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 Kent Datacom (officer or agent and title) (name of corporation) a Corporation, to me known to be the (State or place of corporation) person(s) described in and who executed the foregoing instrument and acknowledged before me that executed the same. Ne" Ll WITNESS my hand and official seal this day of , I ( ) Personally known to me or ( ) Produced Identification NOTARY PUBLIC, State of Florida at Large (Name of Notary Public: Print, Stamp, or Type as Commissioned) ( ) DID take an oath, or ( ) DID NOT take an oath. 0 Type of I.D. Produced