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Approval of RFP 10/16/2013AMY REAVILIN, CPA CLERK OF CIRCUIT COURT &COMPTROLLER INONROE COUNTY, FLORIDA DATE: December 10, 2013 TO: Bob Ward, Director Information Technology ATTN: Maria Guerra Sr. Administrative Assistant FROM: Vitia Fernandez, D. C. At the October 16 2013, B and of County Commissioner's meeting the Board granted approval and authorized execution Item C33 Award bid and enter into negotiations with Computer Systems Support, Inc., the highest ranked respondent, for Network Switching equipment, software and services, as recommended by the Selection Committee. If an agreement cannot be reached with the highest ranked respondent, request approval to award bid and enter into negotiations with the next highest ranked respondent until an agreement is reached. Enclosed is a certified copy of the above mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney (electronic copy) Finance (electronic copy) File 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305 -295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 - 289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/16/13 Division: County Administration Bulk Item: Yes X No _ Department: Information Technology Staff Contact Person/Phone #: Bob Ward 453 -8792 AGENDA ITEM WORDING: Approval to award bid and enter into negotiations with Computer Systems Support, Inc., the highest ranked respondent, for Network Switching equipment, software and services, as recommended by the Selection Committee. If an agreement cannot be reached with the highest ranked respondent, request approval to award bid and enter into negotiations with the next highest ranked respondent until an agreement is reached. ITEM BACKGROUND: The Monroe County BOCC Selection Committee for Network Switching Equipment RFP- NONE- 67- 0- 2013/EC met on September 30, 2013 and reviewed the bid packages presented and selected as its highest ranked respondent, Computer Systems Support, Inc. The second highest ranked respondent was Extensys, Inc., followed by AT&T, Inc. as the third highest ranked respondent. Attached please find the committee minutes and scoring sheets from the committee members. PREVIOUS RELEVANT BOCC ACTION: Approval to advertise the RFP on August 21, 2013 CONTRACT /AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: $ 288.284.23 INDIRECT COST: $0.00 BUDGETED: Yes X No _ DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $288.284.23 SOURCE OF FUNDS: Primarily Ad Valorem REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH_O Year 0 Pte - APPROVED BY: County Attt OMB/Purchasing Risk Managemen DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # C - J Revised 7/09 MONROE COUNTY BOCC REQUEST FOR PROPOSALS FOR NETWORK SWITCHING EQUIPMENT KEY WEST, MONROE COUNTY FLORIDA BOARD OF COUNTY COMMISSIONERS George Neugent, Mayor, District 2 Heather Carruthers, Mayor Pro Tem, District 3 Danny L. Kolhage, District 1 David Rice, District 4 Sylvia J. Murphy, District 5 COUNTY ADMINISTRATOR Roman Gastesi, Jr CLERK OF THE CIRCUIT COURT Amy L. Heavilin DIRECTOR OF IT Robert R. Ward, Jr. Network Switching Equipment GENERAL SPECIFICATIONS TABLE OF CONTENTS Section 00030 Section 00100 Section 00200 Section 00300 Section 00400 Section 00500 Notice of Calling for Proposals Instructions to Proposers Proposal Form Scope of Work Draft Contract Appendix A — Current Switch Inventory END TABLE OF CONTENTS Page 2 of 51 TABLE OF CONTENTS 000001 -1 Network Switching Equipment SECTION 00030 NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS NOTICE IS HEREBY GIVEN TO PROSPECTIVE PROPOSERS that on September 25, 2013 at 3:00 P.M. at the Monroe County Purchasing Office, the Board of County Commissioners of Monroe County, Florida, will open sealed proposals for the following: NETWORK SWITCHING EQUIPMENT KEY WEST, MONROE COUNTY FLORIDA Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecouniybids.com or call toll -free at 1- 800 -711 -1712. The Public Record is available at the Monroe County Purchasing Office located at the Gato Building, 1100 Simonton Street, Room 1 -213, Key West, Florida. All Responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication dates Citizen (Su) 8/25/13 Keynoter (Wed) 8/28/13 Reporter (Fr) 8/30/13 Page 3 of 51 NOTICE OF REQUEST FOR COMPETIVE SOLICITATIONS 00030 -1 SECTION 00100 INSTRUCTIONS TO PROPOSERS To be considered, Proposals must be made in accordance with these Instructions to Proposers. ARTICLE 1 DEFINITIONS 1.1 Terms used in these Instructions to Proposers, which are defined in the General Conditions, shall have the same meanings or definitions as assigned to them in the General Conditions. 1.2 A Bid is a complete and properly signed proposal to provide the required equipment for the sums stated therein, including any Owner Options or Alternates stipulated therein, and submitted in accordance with the Proposal Documents. In this Request for Proposals, Bid means Proposal. 1.3 Addenda are written or graphic instruments issued by the Owner, its agents, employees or VENDORs prior to the receipt of Proposals, which modify or interpret the Proposal Documents by additions, deletions, clarifications, or corrections. 1.4 Bidder is a person or entity who submits a Proposal. 1.5 Proposal Documents include the Notice of Calling for Proposals, Instructions to Proposers, Bid Proposal, Pre -Bid Substitutions, Scope of Work, and other sample Proposal and contract forms and the proposed Contract Documents including any addenda issued prior to receipt of Proposals. The Contract Documents proposed for the goods and services consist of the Standard Form of Agreement (a sample of which is attached herein), General Conditions, Supplementary Conditions, Public Construction Bond if required, Supplementary Insurance documents, Special Conditions, its General Requirements, Technical Specifications, and other sample contract forms. 1.6 Proposer is a person or entity who submits a Proposal. 1.7 Local Business means, as specifically defined in Monroe County Code, the vendor has a valid receipt of the business tax paid as issued by Monroe County Tax Collector at least one year prior to the notice of request for bids or proposals for the business to provide the goods, services or construction to be purchased, and a physical business address located within Monroe County from which the vendor operates or performs business on a day -to -day basis that is a substantial component of the goods or services being offered to Monroe County. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. 1.8 " Owner" is synonymous with "Monroe County ". 1.9 "Perform" means to comply fully with the specified or implied requirements. Page 4 of 51 INSTRUCTIONS TO PROPOSERS 00100- 1.10 "Provide" means "furnish ". Wherever "provide" or "furnish" are used, this shall mean the purchase and all purchasing requirements and procedures, as per the specified or implied requirements. 1.11 "Unit Price" means an amount stated in the Proposal as a price per unit of measurement for equipment or services described in the Proposal Documents or in the proposed contract documents. 1.12 "Vendor" is synonomous with Proposer. ARTICLE 2 COPIES OF PROPOSAL DOCUMENTS 2.1 Proposers may obtain complete sets of the Proposal Documents as designated in the Notice of Calling for Proposals for a stipulated sum. 2.2 Proposers shall use complete sets of Proposal Documents in preparing Proposals. Neither the Owner, Information Technology, nor their agents assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Proposal Documents. ARTICLE 3 DISQUALIFICATION OF PROPOSERS 3.1 NON - COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this invitation must execute the enclosed NON - COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. 3.2 PUBLIC ENTITY CRIME: 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 proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases 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 Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $25,000.00 3.3 DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG -FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. 3.4 LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND Page 5 of 51 INSTRUCTIONS TO PROPOSERS 00100- CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. ARTICLE 4 EXAMINATION OF PROPOSAL DOCUMENTS 4.1 Before Submitting a Proposal: 4.1.1 Each Proposer shall thoroughly examine all the Proposal Documents. 4.1.2 Ignorance on the part of the Proposer shall in no way relieve him of the obligations and responsibilities assumed under this proposal. 4.2 Should a proposer find discrepancies, ambiguities in, or omissions from the Proposal Documents, or should he be in doubt as to their meaning, he shall at once notify the Owner. 4.3 Each Proposer shall study and carefully correlate his observations with the Proposal Documents. 1.4 The submission of a Proposal will constitute a representation by the Proposer that he has complied with every requirement of Article 4 and that the Proposal Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for delivery of the proposed products. ARTICLE 5 INTERPRETATION AND CORRECTION OF PROPOSAL DOCUMENTS 5.1 Proposers and Sub - proposers shall promptly notify the Director of Information Technology of any ambiguity, inconsistency or error that they may discover upon examination of the Proposal Documents. 5.2 Proposers and Sub - proposer requiring clarification or interpretation of the Proposal Documents shall submit their questions in writing to the Director of Information Technology, via letter to 1200 Truman Ave, Suite 211, Key West FL 33040, via facsimile to 305 - 295 -5105, or via email to ward - bob @monroecounty - fl.gov, no later than seven (7) calendar days prior to the date for receipt of Proposals. Any answer, interpretation, correction or change of the Proposal Documents will be accomplished by Addenda. Copies of Addenda will be made available for inspection wherever Proposal Documents are on file for that purpose. Any Addenda will be provided for inspection no later than five (5) calendar days prior to the date for receipt of Proposals. Interpretations, corrections, or changes of the Proposal Documents made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes. Oral and other interpretations or clarifications will be without legal effect. Page 6 of 51 INSTRUCTIONS TO PROPOSERS 00100- ARTICLE 6 PROPOSAL CONTENTS 6.1 Each Proposer, before submitting the Proposal, shall familiarize itself with all Federal, State, and local laws, ordinances, permit fees, impact fees, rules and regulations that may apply to the goods and services in the Proposal or that may in any manner affect the cost or delivery of the proposed goods and /or services. 6.2 The proposal submitted in response to this RFP shall be printed on 8 -1/2" x 11" white paper and bound; it shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be organized as indicated below. The Proposer should not withhold any information from the written response in anticipation of presenting the information orally or in a demonstration, since oral presentations or demonstrations may not be solicited. Each Proposer must submit adequate documentation to certify the Proposer's compliance with the County's requirements. Proposers should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Proposer's overall evaluation. 6.3 The following information, at a minimum, shall be included in the Submittal: 6.3.1 Cover Page A cover page that states "PROPOSAL RESPONSE — NETWORK SWITCHING EQUIPMENT" The cover page should contain Proposer's name, address, telephone number, and the name of the Proposer's contact person. 6.3.2 Tabbed Sections Tab 1. Executive Summary The Proposer shall provide a narrative of the firm's qualities and capabilities that demonstrate how the firm will work with the County to provide the equipment and fulfill the requirements of the scope of work. Provide a detailed explanation of the reasons Owner should choose the Proposer over competitors including a description of unique features of the equipment and services offered in this Proposal. Provide a description of the support capabilities of the Proposer available to the Owner during the contract term. Tab 2. References and Past Performance on Similar Projects The Proposer shall provide a list of past projects that are the same or similar to those goods and services required in this Request for Proposals. The list should include, at a minimum, the following information: Name and full address of the referenced project Name and telephone number of client contact for referenced project Date of initiation and completion of contract Summary of the project and services Page 7 of 51 INSTRUCTIONS TO PROPOSERS 00100- In addition, the Proposer should include a written reference from at least two government entities for which the Proposer has provided these services within the past three years. Tab 3. Network Management The Proposer shall describe the capabilities, software, and management functions that are available with the proposed network switch equipment. The Proposal should include a narrative describing the functionality of the network management solutions included in the Proposal. The Proposer should include a detailed explanation of data collection and analysis techniques and equipment as well as details about proposed software capabilities and use. A portion of the scoring will reflect the management capabilities and functionality of the equipment included in the Proposal. Tab 4. Product Support, Training, and Warranty Information The Proposer shall describe warranty information relating to the hardware and services offered in the Proposal, the capabilities and nature of support offerings, and training and skills transfer to be provided as part of the solution. The Proposal should include a narrative describing the types of support offerings available such as 24 -7 support desk capability, product quick -start support, product update alerting services for firmware and security fixes, etc. The Proposer should include a detailed explanation of training and skills transfer to be provided with the solution. This training will be sufficient to provide the necessary skills transfer to Owner's IT staff during the first installation of a product category such that further installations can be performed satisfactorily by the Owner's IT staff. Tab 5. Network Switch Equipment Features The Proposer shall provide a written narrative that describes the features of the network switching equipment included in each category of the proposal response for the Network Switching Equipment included in this RFP. Proposer may include Technical Specifications of the equipment included in the Propsal, but a narrative must be included as well. Failure to complete this narrative may lead to an unresponsive bid. Tab 6. Financial Information and Litigation The Proposer will provide the following information: (1) A list of the person's or entity's shareholders with five percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; or, if a solely owned proprietorship, names(s) of owner(s); (2) A list of the officers and directors of the entity; (3) The number of years the person or entity has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); Page 8 of 51 INSTRUCTIONS TO PROPOSERS 00100- (4) The number of years the person or entity has operated under its present name and any prior names; (5) A print out of the "Detail by Entity Name" screen from the Proposer's listing in www.sunbiz. ; (6) A copy of the Proposer's Annual Report that is submitted to the Florida Secretary of State; (7) Answers to the following questions regarding claims and suits: a. Has the person, principals, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? If yes, provide details; b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person, principal of the entity, or entity, or any entity previously owned, operated or directed by any of its officers, directors, or general partners? If yes, provide details; C. Has the person, principal of the entity, entity, or any entity previously owned, operated or directed by any of its officers, major shareholders or directors, within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? If yes, provide details; d. Has the person, principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners, partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, goods or construction services? If yes, provide details; e. Whether, within the last five years, the owner, an officer, general partner, principal, controlling shareholder or major creditor of the person or entity was an officer, director, general partner, principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for competitive solicitation; (8). Customer references (minimum of three), including name, current address and current telephone number; (9). Credit references (minimum of three), including name, current address and current telephone number; (10). Financial statements for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity; and (11). Any financial information requested by the county department involved in the competitive solicitation, related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person responding is responsible. (12). The Proposer shall include a statement confirming whether or not he /she is claiming local preference based on having local business status. Local business means the Proposer has a valid receipt of the business tax paid as issued by Monroe County tax collector at least one year prior to the notice of request for bids or proposals for the business to provide the goods, services or construction to be purchased, and a physical business address located within Monroe County from which the Proposer operates or performs business on a day -to -day basis that is a substantial component of the goods or services being offered to Monroe Page 9 of 51 INSTRUCTIONS TO PROPOSERS 00100- County. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address. Proposers shall submit a copy of their receipt of the business tax paid and also affirm in writing their compliance with the foregoing at the time of submitting their bid or proposal to be eligible for consideration as a "local business" under this section. Tab 7. Equipment Listing & Cost Proposal The Proposer shall provide a detailed cost proposal for the proposed equipment and scope of services. Using the form provided on pages 18 -19 of this RFP, the cost proposal shall be broken out by equipment type and service task. The quantity of and types of equipment requested represent the minimum number of components which Information Technology believes, in good faith, is necessary to complete the network upgrades. The Cost Form includes a separate section for unit pricing for each type of network equipment used and represents the additional cost to the Owner should a larger or different quantity of equipment be needed to meet the Owner's needs. The Owner reserves the right to make changes to the design quantities after the contract has been awarded as required in the best interest of the County. Proposers will also indicate whether the Proposer can offer an equipment buy- back program for used equipment that will be replaced by this equipment solicited in this RFP. Appendix A includes a listing of all equipment that is available for buy -back. This equipment will be removed from service during the implementation of the new Network Switching Equipment purchased. Proposers may factor any credits from a buy back program into the Base Proposal Price. Tab 8. County Forms Proposer shall complete and execute the forms specified below and found at the designated pages in this RFP and shall include them in the section tabbed eight: Form Page Receipt of Addendum Form 20 Non - Collusion Affidavit 21 Lobbying and Conflict of interest Clause 22 Drug Free Workplace Form 23 Local Preference Form 24 SubVendor Listing Form 25 ARTICLE 7 PROPOSALPROCEDURE 7.1 FORM AND STYLE OF PROPOSALS 7. 1.1 The Proposal shall be submitted on the forms included in Section 00110 of these Proposal Documents. Each of the forms in Section 00110 must be properly filled out, executed, and submitted as the Proposal. Page 10 of 51 INSTRUCTIONS TO PROPOSERS 00100- 7.1.2 All blanks on the Proposal Form shall be filled in with ink or by typewriter. 7.1.3 Where so indicated on the Proposal Form, sums shall be expressed in both words and figures, and in case of discrepancy between the two, the amount written in words shall govern. 7.1.4 Any interlineation, alteration, or erasure must be initialed by the signer of the Proposal. 7.2 ADDENDA 7.2.1 Each Proposer shall ascertain prior to submitting his Proposal that he has received all Addenda issued, and he shall acknowledge their receipt in his Proposal. However, in case any Proposer fails to acknowledge receipt of such addenda, his Proposal will nevertheless be construed as if it had been received and acknowledged, and the submission of the Proposer will constitute acknowledgement of receipt of the addenda. It is the responsibility of each Proposer to verify that he has received all addenda issued before Proposals are opened 7.2.2 No Addenda will be issued later than five (5) calendar days prior to the date for receipt of Proposals except for an Addendum withdrawing the request for Proposals or one which includes postponement of the date for receipt of Proposals. 7.2.3 Copies of Addenda will be made available for inspection wherever Proposal Documents are on file for that purpose. 7.3 SUBMISSION OF PROPOSALS 7.3.1 Proposals shall be submitted to Monroe County at the designated location not later than the time and date for receipt of Proposals indicated in the Notice of Request for Proposals, or any extension thereof made by Addendum. Proposals received after the time and date for receipt of Proposals will be returned unopened. 7.3.2 Two signed (2) originals and two (2) copies of all proposal documents (total equals four) are to be submitted. Place the proposal documents in an envelope, marking on the outside "Proposal Documents ". If the Proposal is hand - delivered, the envelope shall be filled out as follows: 1. In the upper left hand corner, place the Proposer's name and address. 2. In the center of the envelope, put the following: Monroe County Purchasing Department 1100 Simonton Street, Room 1 -213 Key West, FL 33040 3. In the lower left hand corner, put the following: Page 11 of 51 INSTRUCTIONS TO PROPOSERS 00100- Bid for Network Switching Equipment September 25, 2013 3:00 P.M. (Date) (Time) If the Proposal is sent by mail or courier, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED PROPOSAL ENCLOSED" on the face thereof, and then address the mailing envelope in the conventional manner. 7.4 7.5 7.3.3 The Proposer shall assume full responsibility for timely delivery at the location designated for receipt of Proposals. 7.3.4 Oral, telephonic, telegraphic, faxed, and emailed Proposals are invalid and will not receive consideration. MODIFICATION AND WITHDRAWAL OF PROPOSALS 7.4.1 A Proposal may not be modified, withdrawn, or canceled by the Proposer during the stipulated time period following the time and date designated for the receipt of Proposals, except as provided in paragraph 5.5 Right To Claim Error In Proposal, and each Proposer so agrees in submitting his Proposal. 7.4.2 Prior to the time and date designated for receipt of Proposals, any Proposal submitted may be modified by delivery to Monroe County Purchasing Department of a complete bid as modified. All envelopes shall be marked "Modified Proposal ". Delivery shall comply with requirements for the original proposal. 7.4.3 Proposals may be withdrawn prior to the time and date designated for the receipt of proposals. Withdrawn proposals may be resubmitted up to the time designated for the receipt of Proposals provided that they are then fully in conformance with these Instructions to Proposers. 7.4.4 Proposal Security shall be in an amount sufficient for the Proposal as modified or resubmitted. 7.4.5 Conditional, modified, or qualified proposals will be rejected. Proposers are to comply with the instructions on the proposal forms, and not make any changes thereto. RIGHT TO CLAIM ERROR IN PROPOSAL 7.5.1 Each Proposer's original work papers, documents, and materials used in preparation of the proposal shall be enclosed in an envelope and marked clearly as to contents, must be received by Monroe County Purchasing Department no later than 24 hours after the time and date for receipt of Proposals, or any extension thereof made by Addendum. Proposers who fail to submit their original work papers, documents, and materials used in the preparation of the proposal, as provided herein, waive all rights to claim error in the Proposal. Page 12 of 51 INSTRUCTIONS TO PROPOSERS 00100- 7.5.2 Owner will review documents submitted within the designated time frame for the purpose of determining the validity of the Proposer's claim. 7.5.3 Following review of the Proposer's claim at the election of the owner the Owner may: a. Allow the Proposer to withdraw the Proposal. b. Allow the Proposer to enter into contract for the proposed goods amd services at the original Proposal price. ARTICLE 8 CONSIDERATION OF PROPOSALS 8.1 OPENING OF PROPOSALS 8.1.1 The properly identified Proposals received on time will be opened at the Monroe County Purchasing Department. The public is permitted to be present. 8.1.2 Any Proposal not received by the Purchasing Department on or before the deadline for receipt of proposals designated in the Notice of Calling for Proposals will be returned unopened. 8.2 PROPOSALS TO REMAIN OPEN 8.2.1 All Proposals shall remain open and valid for ninety (90) days after the date designated for receipt of Proposals. 8.2.2 The Owner may, at his sole discretion, release any Proposal before the ninety (90) days has elapsed. 8.3 AWARD OF CONTRACT 8.3.1 The Owner reserves the right to reject any and all proposals, or any part of a proposal. The Owner reserves the right to waive variations from the specifications that do not render the proposal non - conforming. The Owner retains the right to disregard non - conformities, non responsive proposals or conditional proposals in the best interest of the County. 8.3.2 In evaluating Proposals, the Owner shall consider the qualifications of the proposers and whether or not the Proposals comply with the prescribed requirements in the Proposals Documents. 8.3.3 The Owner shall consider preference to local businesses in making a purchase or awarding a contract who meet the criteria for a local business as defined by Section 2 -349 of the Monroe County Code. 8.3.4 Individuals or firms which meet all the criteria in Section 2 -349 of the Monroe County Code and are a conforming and responsible proposer shall receive local preference and shall be awarded additional points not to exceed five (5) in the scoring for the price component of the scoring criteria relative to a nonlocal responsive and responsible Proposer. Page 13 of 51 INSTRUCTIONS TO PROPOSERS 00100- 8.3.5 The application of local preference may be waived upon written recommendation by the Owner and approval by the Monroe County Board of County Commissioners at the time of Award of Contract. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods or professional services sought to be purchased by the Owner. 8.3.6 The Owner may conduct such investigations, as he deems necessary to assist in the evaluation of any Proposal and to establish the responsibility, qualifications, and financial ability of the Proposers, proposed subVendors, and other persons or organizations to deliver the goods and services in accordance with the Contract Documents to the Owner's satisfaction within the prescribed time. 8.3.7 The Owner reserves the right to reject the Proposal of any Proposer who does not pass any such evaluation to its satisfaction. 8.3.8 The County reserves the right to reject any and all proposals and to waive technical errors and irregularities as may be deemed in the best interest of the County. Proposals that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instructions to Proposers and the contract documents, may be rejected at the option of the Owner. 8.3.9 If the Contract is awarded it will be awarded by a selection committee. Following the receipt of proposals, the selection committee will meet in a publicly noticed meeting and evaluate the proposals based on the method described in 8.3.10 and 8.3.11 below. 8.3.10 Each subsection will be given points used to score and evaluate firms and individuals. This point system will be used by each individual member of the selection committee to rank the Proposals. Should a Proposer meet the rquirements of Local Preference in Criteria 7, that Proposer will be awarded up to a maximum of 5 additional points in that Section. The point structure is as follows: CRITERIA MAXIMUM POINTS TAB 1 10 TAB 2 10 TAB 3 20 TAB 4 20 TAB 5 25 TAB 6 10 TAB 7 50(55 if Local Preference requirements are met) TAB 8 00 TOTAL 145 (150 if Local Preference requirements are met) 8.3.11 Each subsection will be given points used to score and evaluate firms and individuals. This point system will be used by each individual member of the Page 14 of 51 INSTRUCTIONS TO PROPOSERS 00100- selection committee to rank the Proposals. Each committee member will tabulate the resulting scores and rank the Proposers by number of points assigned. At the publicly noticed selection committee meeting, each committee member will share their rankings with the other members of the committee. Scoring for each of the Proposers will be the sum total of their ranking for each category from each of the committee members. The Proposer with the lowest total score will be ranked first. In the event of a tie, then the Proposer with the total lowest price for the sum of their unit pricing will be ranked ahead of the other. Any missing unit pricing entries in Proposer's response will mean that the next higher class of switch's unit pricing will be used in that category to break a tie. 8.3.12 The recommendation of the committee and the Proposals from three or more Proposers may be presented to the Board of County Commissioners of Monroe County, Florida, for final selection. Negotiations will be undertaken with the Proposers as ranked. 8.3.13 If the Contract is to be awarded, the Owner will issue the Notice of Award to the successful Proposer within ninety (90) days after the date of receipt of proposals. The Owner reserves the right to return all Proposals, not make any awards, and cancel the Project. 8.4 EXECUTION OF CONTRACT 8.4.1 The Vendor shall sign and deliver all four originals of the Contract Agreement to Information Technology within ten days after receipt of a Notice of Award. All other Contract Documents are to be provided to Information Technology within fourteen days after receipt of Notice of Award. A Notice to Proceed will be issued to the Vendor after approval of the contract by the BOCC and upon satisfactory compliance with these provisions. In no event shall the failure of the Vendor to provide satisfactory Insurance Certificates within the stipulated time be cause for an extension of the contract time. Information Technology will return one fully executed copy of the Contract Agreement to the Vendor with all other Contract Documents attached upon receipt from the Owner. 8.5 OWNER'S RIGHT TO AWARD TO NEXT RANKED CONFORMING RESPONSIVE PROPOSER In the event the Vendor given Notice of Award in 8.3 above fails to execute and deliver all contract documents required in 8.4 above, the Owner may exercise its right to award the contract to the next ranked conforming responsible proposer. Page 15 of 51 INSTRUCTIONS TO PROPOSERS 00100- ARTICLE 9 SPECIAL LEGAL REQUIREMENTS 9.1 Each Proposer, before submitting the Proposal, shall familiarize itself with all Federal, State, and local laws, ordinances, permit fees, impact fees, rules and regulations that may apply to the goods and services in the Proposal or that may in any manner affect the cost or delivery of the proposed goods and /or services. 9.2 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not be awarded or perform work as a Vendor, supplier, subcontractor, or VENDOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. END SECTION 00100 Page 16 of 51 INSTRUCTIONS TO PROPOSERS 00100- Network Switching Equipment SECTION 00200 PROPOSAL The Proposal shall be submitted on the forms included in this section of the Proposal Documents as'previously instructed herein. Item Description Pages 1. Proposal Form 18-19 2. Receipt of Addendum Form 20 3. Non - Collusion Affidavit 21 4. Lobbying and Conflict of Interest Clause 22 5. Drug -Free Workplace Form 23 6. Local Preference Form 24 7. SubVendor Listing Form 25 Page 17 of 51 PROPOSAL 00200- Network Switching Equipment PROPOSALFORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 1 -213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: The undersigned, having carefully examined the Specifications, Proposal, and Addenda thereto and other Contract Documents for the provisioning of: NETWORK SWITCHING EQUIPMENT The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. The total base proposal is the sum of the total prices provided on the proposal form without the inclusion of the unit prices with are included Dollars. (Total Base Proposal- words) (Total Base Proposal — numbers) The proposal includes the requested equipment listed on page 2 of this form, management software and services outlined in the statement of work in section 00300 all inclusive in the total above. Page 18 of 51 PROPOSAL 00200- Network Switching Equipment Proposal Form Page 2 Chassis based Network Switch configurable with various types of line cards (fiber or copper) with a common back plane, n +1 redundant power supplies, redundant fan modules, and redundant control modules populated with 24 or 48 port POE line card modules as outlined below and including 5 years of warranty support at a minimum of next business day (NBD) Chassis Switch Ports Needed Total Cost Total of 4 sites 288,336,432,192 $ Unit Price of Chassis with minimal control $ Unit Price of 48 Port POE Card $ Unit Price of 24 Port POE Card 2. 24 and 48 Port stackable POE based Network switches which provide 10/100/1000 autosensing copper ports, fiber based sfp option, layer 3 networking capability, VLAN support, Trunking, QOS, link aggregation grouping, switch aggregation and clustering, 1 Gb /s uplink capability at a minimum, in a quantity as outlined below including 5 years of warranty support at a minimum of next business day (NBD) POE Stackable Quantity Total Cost 48 Port 20 $ 24 Port 42 $ Unit Price of 24 Port $ 48 Port $ 3. 8, 12 (or 16), and 24 Port non -POE based Network switches which provide 10/100/1000 autosensing copper ports, VLAN support, Trunking, QOS, link aggregation grouping, switch aggregation and clustering, 1 Gb /s uplink capability at a minimum, in a quantity as outlined below including 5 years of warranty support at a minimum of next business day (NBD) Non -POE Quantity Total Cost 24 Port 8 $ 12/16 Port 36 $ Unit Price of 24 Port $ 12/16 Port $ 4. Proposer has equipment buy -back available Yes No Buy -back is included in solution price Yes No Page 19 of 51 PROPOSAL 00200- Network Switching Equipment I acknowledge receipt of Addenda No.(s) No. Dated No. Dated No. Dated No. Dated No. Dated Proposer, states by his check mark in the blank beside the form and by his signature that he has provided the following forms (located in Section 00110): a. Proposal Form , b. Non - Collusion Affidavit , C. Lobbying and Conflict of Interest Clause , d. Drug -Free Workplace Form_, e. SubVendor Listing Form_, (Check mark items above, as a reminder that they are included.) Mailing Address: Phone Number: Date: Signed: Witness: (Name) (Title) (Seal) Page 20 of 51 PROPOSAL 00200- Network Switching Equipment SECTION 00200 NON - COLLUSION AFFIDAVIT I, of the city according to law on my oath, and under penalty of perjury, depose and say that: lam of the firm of the proposer making the Proposal for the project described in the notice for calling for proposals for: and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly, to any other propose or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposer for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that said project. (Signature of Proposer) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, (Date) who, after first being sworn by me, (name of individual signing) affixed his /her signature in the space provided above on this day of , 20 NOTARY PUBLIC My commission expires: Page 21 of 51 PROPOSAL 00200- Network Switching Equipment SECTION 00200 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee ". (Signature) STATE OF: COUNTY OF: Date: Subscribed and sworn to (or affirmed) before me on by or has produced identification) My commission expires: (date) (name of affiant). He /She is personally known to me as identification. (Type of NOTARY PUBLIC Page 22 of 51 PROPOSAL 00200- Network Switching Equipment DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Makes a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Proposers Signature Date Page 23 of 51 PROPOSAL 00200- Network Switching Equipment LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 023 -2009 must complete this form. Name of Bidder/Responder Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? List Address: Telephone Number: B. Does the vendor /prime Vendor intend to subcontract 50% or more of the goods, services or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of business tax paid to the Monroe County Tax Collector by the subVendor dated at least one year prior to the notice or request for bid or proposal. 2. SubVendor Address within Monroe County from which the subVendor operates: Signature and Title of Authorized Signatory for Bidder /Responder Tel. Number Print Name: STATE OF COUNTY OF On this day of , 20, before me, the undersigned notary public, personally appeared known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he /she is the person who executed the above Local Preference Form for the purposes therein contained. Notary Public Print Name My commission expires: Seal Page 24 of 51 PROPOSAL 00200- Network Switching Equipment SUBVENDOR LISTING FORM Division SubVendor Contact Person Ph # w /area code Fax: Cell: Address END SECTION 00200 Page 25 of 51 PROPOSAL 00200- Network Switching Equipment SECTION 00300 SCOPE OF WORK 1.1 Task 1 Provide necessary skills transfer and training to enable Owner's staff to install and configuire each different type of network switching equipment to be provided in response to this RFP. 1.2 Task 2 Provide necessary skills transfer and training to enable Owner's staff to install and configuire network management software included in response to this RFP. 1.3 Task 3 Provide necessary skills transfer and training to enable Owner's staff to fully utilize the network equipment manufacturer's warranty and support systems. END OF SECTION 00300 Page 26 of 51 SCOPE OF WORK 00300- Network Switching Equipment Section 00400 - DRAFT CONTRACT AGREEMENT FOR NETWORK SWITCHING EQUIPMENT AND ASSOCIATED SERVICES This Agreement ( "Agreement ") made and entered into this day of , 20 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), AND State of , hereinafter referred to as "VENDOR ", a of the whose address is its successors and assigns, WITNESSETH: WHEREAS, COUNTY desires to employ the services of VENDOR for the provision of network switching equipment and associated professional services; and WHEREAS, VENDOR has agreed to provide network switching equipment and associated professional services which shall include but not be limited to providing training and skills transfer for the installation and management of said networking equipment, which shall collectively be referred to as the "Project "; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and VENDOR agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, VENDOR makes the following express representations and warranties to the COUNTY: 1.1.1 The VENDOR shall maintain all necessary licenses, permits or other authorizations necessary to act as VENDOR for the Project until the VENDOR'S duties hereunder have been fully satisfied; Page 27 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment 1.1.2 The VENDOR has become familiar with the local conditions under which the Work is to be completed. 1.1.3 The VENDOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The VENDOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The VENDOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The VENDOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the VENDOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the VENDOR. 1.1.6 At all times and for all purposes under this agreement the VENDOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the VENDOR or any of his /her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The VENDOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The VENDOR shall complete the scope of services no later than days from the Notice to Proceed issued by the COUNTY. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION Page 28 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment VENDOR'S Scope of Basic Services consist of those described in Attachment A. The VENDOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The VENDOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the VENDOR or its subVENDORs, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the VENDOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Robert R. Ward Director of Information Technology Monroe County 1200 Truman Ave, Ste 211 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2 -205 Key West, Florida 33040 For the VENDOR: ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the VENDOR. The VENDOR shall respond with a fee proposal to perform the requested services. Only after Page 29 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the VENDOR proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the VENDOR in order to avoid unreasonable delay in the orderly and sequential progress of the VENDOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the VENDOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the VENDOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the VENDOR or its subVENDORs shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the VENDOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the VENDOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The VENDOR covenants and agrees to indemnify and hold harmless COUNTY /Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the VENDOR, subcontractor(s) and other persons employed or utilized by the VENDOR in the performance of the contract. Page 30 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment 5.2 The first ten dollars ($10.00) of remuneration paid to the VENDOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the VENDOR, the VENDOR agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the VENDOR'S failure to purchase or maintain the required insurance, the VENDOR shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the VENDOR the VENDOR agrees and warrants that VENDOR hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The VENDOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION So long as the individuals named above remain actively employed or retained by the VENDOR, they shall perform the functions indicated next to their names. If they are replaced the VENDOR shall notify the COUNTY of the change immediately. ARTICLE VI Page 31 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the VENDOR in current funds for the network equipment provided by the VENDOR in performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A. 7.1.2 The COUNTY shall pay the VENDOR in current funds for the VENDOR'S performance services related to this Agreement based on rates negotiated and agreed upon and shown in Attachment B. 7.2 PAYMENTS 7.2.1 For its providing said networking equipment as set forth herein, the VENDOR shall be paid as equipment is ordered by the COUNTY pursuant to this Project. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the VENDOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the VENDOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the VENDOR shall submit, after receiving an order for network switching equipment to be provided under this agreement, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for equipment ordered due hereunder. The VENDOR'S invoice shall describe with reasonable particularity the equipment ordered. The VENDOR'S invoice shall be accompanied by such documentation or data in support of charges for which payment is sought at the COUNTY may require. 7.2.2 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the VENDOR shall be paid upon completion of the services to be performed. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the VENDOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the VENDOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the VENDOR shall submit upon completion of the services to be performed, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The VENDOR'S invoice shall describe with reasonable particularity the service rendered. The Page 32 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment VENDOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the VENDOR in the interest of the project: a. Expenses of transportation submitted by VENDOR, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing manuals or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The VENDOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The VENDOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the VENDOR'S failure to purchase or maintain the required insurance, the VENDOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. Page 33 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment 8.3 VENDOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. Page 34 of 51 DRAFT AGREEMENT 00400- D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the VENDOR or any of its employees, agents or subcontractors or subVENDORs, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 the folio or expiration o is con t , f A.l V� �i E. Professional liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the ,pp Off is a "claims made" policy, VENDOR shall maintain coverage or "tail" purchase a to cover claims made after completion of the project to cover . Arl N tatutory time limits in Chapter 95 of the Florida Statutes. F. COUNTY shall be named as an additional insured with respect to VENDOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. VENDOR shall require its subVENDORs to be adequately insured at least to the limits prescribed above, and to any increased limits of VENDOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subVENDORs. H. VENDOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. Page 34 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment I. If the VENDOR participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the VENDOR may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the VENDOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the VENDOR. 9.3 SUCCESSORS AND ASSIGNS The VENDOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the VENDOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the VENDOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the VENDOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS Page 35 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment 9.7 9.8 This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I -IX), the VENDOR'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments , and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the VENDOR will control. PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts 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 public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or VENDOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, VENDOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, VENDOR further represents that there has been no determination, based on an audit, that it or any subVENDOR has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. VENDOR will promptly notify the COUNTY if it or any subcontractor or subVENDOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. MAINTENANCE OF RECORDS VENDOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to VENDOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by Page 36 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment the VENDOR, the VENDOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and VENDOR agree that venue shall lie in the 16 Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and VENDOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and VENDOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and VENDOR and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Page 37 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment 9.14 CLAIMS FOR FEDERAL OR STATE AID VENDOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and VENDOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and VENDOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and VENDOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION VENDOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. VENDOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 Page 38 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST VENDOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION /PAYMENT The VENDOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the VENDOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The VENDOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the VENDOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by VENDOR. 9.22 NON - WAIVER OF IMMUNITY Page 39 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the VENDOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the VENDOR and the COUNTY agree that neither the VENDOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION VENDOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of this Agreement by VENDOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any Page 40 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year follow_ ing the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its VENDOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the VENDOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: 11 401r." e - 5 Page 41 of 51 DRAFT AGREEMENT 00400- o cr C-) - o (_, . _I -v co c� .. N C7 By: 11 401r." e - 5 Page 41 of 51 DRAFT AGREEMENT 00400- Network Switching Equipment Deputy Clerk Date: (Seal) Attest: BY: Title: Mayor /Chairman B Title: END OF AGREEMENT Page 42 of 51 DRAFT AGREEMENT 00400- V CD W O V1 D T m Z 0 X D l J C N Z C C/) C C l J / Z m Z 0 Cil 1 N I N N rr D n 0 w V C O Z iD 6 O CD Z O !_t Op3 N C 0 S O A O 0o m o Vi m - 1 rn D 3J ➢< p R p Z7 Z �^ j O� io ptn m �tn a M , 3T - a y In O O o n C ID z r z N n f < n r S z a r O Z O r m p T n w m< 2 O tNl T x n < Fn p O DDj n t/1 N Z A O O O C O m �c O r p > Gl z z ON l O X p y O O Z7 p G1 p p O -�{ a C O D m Z r # z Z 3 O a p O m A A C, r0 Z1 # n Z m m m �E m Z v 2 O W y O v1 O D N r — N r — � o Z a O Gl r p InO C- A Z N ID -i C 00 A N Z m p l m N O 111 m Vt N C n N In O T N p C N A N Oo D O c T � 3 N m v Om� ON� Z z -~ 3 G l m r T z n p r O y z N C) a "'o O m v p < m D < w C C R O w p n a S T m ➢ T Q T AN CD m m m T z m0 z„ �Q1mr O n a V V 2 A y p p z 0 0o m O Q In rn N � r 3 z C r co 3 'p 00 r � y �m m °rn crrnriz AOO moCr (y�nm N O O< O T Z y N 3 O O wCzi O p C� < a.n z O m Sapp A [B � 0° n r r to 3 A ( 70 o Z r �z p3 m ip Z z 3 O� O m O Q p Z < 3 m Z W Orn p N p �_ A m 2 O OZ pr �O 3 n O G Z C7 Z z O n n p m t n a 1 pp �O m Z y Or C)- O y p A D Z Cm m I 0 O Z �= p C n 2 r m 0 C' 1 p A N Fo � p r 5 i N O In w W V1 22 n n Z 2 n 0 O N O C) 01 R 0 in O O n JJ O S mw Ul p o N r0 W m p p C N j O r n a0 O C0 r A N O ao o 3 �y10 o 3 g C:) w y g m m t m m C f l i t O N Cl O p f G w0 Ot C7 J V m N I, 0 . 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A '+ o O m N � ��o O r O D o z m r m m p n Z N � Z o Gl C 3CD v m-i oD bo mm WNW p f1 O Z C N Z m n C O Z �rn ON O N O In p 0 0 -- 30 A m l/f o O< ::a m D n o 3 OW f w m z O 3 ~O A 0 0 N N v x �oc3 - , c n 0 p 0 D m N Z O tn �c D O O r twJl N _ n V1 0 O O N r M Z Z a v+ ON m N y V lnA ° m mOO �pOr c^ p0 �o v+<O p M o W C Z N W D O co T 7°.l 0 n A Vt N in o➢ z N 3° rn O m O W X 8 a C w Cl 0 o n x r n M m T` m G�O rtn Cl --{o n m O j° 3 ��' =-� D W D D O N Z D W Z C C n M < N D r m v � z n o D CC7Z �m �o m o n r na m� °a a➢ -m + a D C O Cl O G l C7 p p m O 0 C o 3 m y m W vm C7 om N . Cl a m O O 3 r O m CJ) /n r � o o r - =m m °o 0 CD 3 o m o+ w w = o N 7J O m m � 0 3 w O � N O N r C F, � O O_ o D _ Z � W V O O W 0 w O W ➢ O m O T ti m � O O CD Cr C O T D V m Z 0 X D C) T � T N N m Z S ) _G l J Z m Z -- A O O Cil O O 1 A O 0p Z m O r A m n O � z 3 v p z � Gl � O n = C7 A N n O O J�J A N a N m O Z 1 N Z W p ° Z mo 0 3 v ~ O O G1 n = < oZ p m Z 07� N N N O N N V V n O � o ° 0 3 C Z � On C v D z V O O, O Z ° ° v 3 n Z m co 3 N G 2 N ° m m < W r n c N V CD O 0 ° m p r O �- R Z M 2 M T Z ° O 3 w � O N = n N OI 3 z w z 2 N � � c ° r z m O ° r ° zcio Vl ➢ A m n 0 m ,O y C O Z m OO Z T � � O H 2 W N c N O N O � C _ Z V N O N O O Z K � v x p m -m-i O m m y W � O O 7c y to m m ➢ n < � D N ° m ° c � m ➢mn c T t_ V— N r T W In A m O O o N O 00 m O � O 2 O O O O n n v p c O O m S2 m r O O z z z m Z m N Dt Z D D N n N < N N r T Z N n Z T A X 73C N p m l 3 2k c ° <� m Z p p � m 3 ° � D < 3 p m � � Z➢ m r Q 10 aZZo M p Z m M r^x CD Z m p a m V Z Q D C A N 7 N S C - �p ° m r=fNi �r n 2 p 3 0 o D o O r O r p p A O p � m N mm n Om �' 3 r^ 3 o � � O � Q O O A O Gl n � 3 O � 3 N � o O c Z A � - O V w O ° � C z a n r O w o ° O 3 o➢ m O O bZl A � � N V � O C O Z N aaa��i+ m inyr D m N n p 0 m o no�o c 3� D WO < y O O m � � 00 g A A r T o 0 3 ° O ° O 2 O n S ° g � z m O O bbbX � A � N m Z O O 3 n G1 'O Z O O = O Z C m 7.1 N m a `^ r N 00 f 00 m ° n = a 0 3 O 3 Z Z O ON N m N 2 N 0 3 0 0 61 O 91 O m r < Q m tDn't Gl 3 T 5 p 3 c v D m ➢ m z r O O O T O m m W C N � O ➢ m � Z � m N ° O m m O p O O N o 3 r m x ° o $ Cl Z m m � p C � m m p n n0 O � S2 ~ a ° z z T O D ° O � w ? N n O � it C D C N Z � A m Z N z � m ➢ V � O O w G V m C. op O O N O O O T n n .O x C ^i m � a `^ r j H W � C. n o ° O O m 2 Z C JC n Z Z O N O N i O O � O N ti N 0 D r y < ➢ 3 -p➢ 0 3 co m � C r m 0 8 c �c o m N M v M N p m No O a, O p N p 0 O j T Z p Z C> � N 2 � o O n < C CD p O m p m n p c n O O O p 3 � 2 O a z ° z O � p w in to p N O A V S 2 r � 0 �yv+A Z O ti r � a a z n M � a � V D � � m � - O V w O ° � C z a n r O w o ° O 3 o➢ m O O bZl A � � N V � O C O Z N aaa��i+ m inyr D m N n p 0 m o no�o c 3� D WO < y O O m � � 00 g A A r T o 0 3 ° O ° O 2 O n S ° g � z m O O bbbX � A � N m Z O O 3 n G1 'O Z O O = O Z C m 7.1 N m a `^ r N 00 f 00 m ° n = a 0 3 O 3 Z Z O ON N m N 2 N 0 3 0 0 61 O 91 O m r < Q m tDn't Gl 3 T 5 p 3 c v D m ➢ m z r O O O T O m m W C N � O ➢ m � Z � m N ° O m m O p O O N o 3 r m x ° o $ Cl Z m m � p C � m m p n n0 O � S2 ~ a ° z z T O D ° O � w ? N n O � it C D C N Z � A m Z N z � m ➢ V � O O w G V m C. op O O N O O O T n n .O x C ^i m � a `^ r j H W � C. n o ° O O m 2 Z C JC n Z Z O N O N i O O � O N ti N 0 D r y < ➢ 3 -p➢ 0 3 co m � C r m 0 8 c �c o m N M v M N p m No O a, O p N p 0 U C n L C o " 0 00 0 oa r 21 °O A p C O _S Z 0 v °1 zrm o y O r Z � d m o N y r O + T � Gl Vt Om r 2 2 O < a Q N Om ti V O r = m p X N p m D f r d y ND N ry V O m Q m r O S ° n ➢ A O ^ T Z - D o C m O 3 a v tZl O oO V m� s v+oo r Gl C d Z N m V d D < O m r ^ O Z o o Z 3 p m O W O C V rN1 r m ^ O o cn n O o O -1 r Z O m O In Oo Z G1 o m D Dl < ` L 0 m 0 0 N N � N W 2 V O a W m ° 3 0 m 3 Z a � x W p v O � S m T 3 m A O 0 � _ 3 of O 1 W Z p Z iv W m N m T N Ol O o a a ci m r' 0 A O C v m # Z p O O N S V y ° c � � D o C CD m Z N � ti N � o D 4 ' m Z N to T O CD CD Z O co z � O Z Z O a O Z r 7J a O Z v v, O O Z ?� D N O 00 O m O O O O N M Z 0 a 3 n r to v ON ^ 'v ^r i� p3 Z 3 = D # z vvm T� m m v 0 o z C O n W N N n 77 D D c C, D y op-1 z D w0 v N V w z ti rn r 00 z . z m W Q1 C 0 O m m W m 3 r W 3 M rT^ D O W O 2 O 7 `D 3 W I ° D N r WO r N ? 3 ° OV OC O Z Gl CD W W Z) Z O O 3 O O o D O N O r ➢ i n # y z so T v O m f p v D N To< o 01 N r W ° N Z C o � N C l0 ^ S y O Z o oWR D N N � Co O �_ w m W J � m = rn O C m N ➢ Z O T m N 0. � O O = � v # c z r c. M o v � V 3 z o y a c 3 C) O ➢ o � m w w 3 O m y C O m Z Z O D < v D m C—) m 8 Cl O O O O � " mod , � ro I CU � to d I ^` �] N Cn ��• � VI .V (n V v� cn °r. �n 4 �n I � �G I b I 't7 r+ rl+ I '17 l7 I , `17 " t , I TJ I �] N v v' v N� c ' *n N ti N v' ti N Cn . 'a I_ V) �I 0 �� c x ell CD CA Q� n . q � `� a Z i � rA t CD H y O N W C17 n > COO co cr En Ln cn Ch t CD cn IN ( n cn b � I �; b � � I s Ln IC I ~ "S I � "S �' "'S '� ' "'S "S � �j '-Y AZI W H I � " mod , � ro I CU � to d I ^` �] N Cn ��• � VI .V (n V v� cn °r. �n 4 �n I � �G I b I 't7 r+ rl+ I '17 l7 I , `17 " t , I TJ I �] N v v' v N� c ' *n N ti N v' ti N Cn . 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( ( ("L— — 7 210 -, lpo - Z z 0 klo F Q C- 6. S S ZN Z.4 (ro CIS to 1 �1�.�� bV4 (I ? (5 7 2-s zq \ T�A C- I w i �- OL (r? G Z � 1 22 q d" to cs� 1 T (. / v , I Q i AA 0f /"c;. I t- I / t2 k VO rs 2 l0 CJ 5 9 ? I 23 511- - 7 3 jr I 5 t L) n rc 3n 3y �i S 3 IKS l�(2 � y 2 � Z 6 31• � 90 1 b y I y 7 11 I�� IKS l�(2 i5s 1'll 2011 139bse MONROB COMM FLORIDA R"vat For Waiver or Inearmee ltepiramts It is requested tlat the bwAvoce regnirenneoW as specified in rite County's Schedule of Ctntnartce Requiremags, be waived or modified on the followiq contrast. Contractor computer Systems support Ina. Netwod ft Training Address of Comroctix: 5000 SW 75th Avenue, Ste 301 Mard. FL 33155 Phone: 305405 -NU Scope Of Work PmMe training and krawleae Vardar to Monroe County empbyees who vrll be responsible dor setting up and managing the I T network Reason for Waiver: W e presently don't carry pmWsswW ,lability I insurance although we carry all other forms of insurance required by the contract. There s Brie risk associated with training. Policies Waiver Professional Lmbft Insurance will apply to: SigUMM of Contractor: 10 —5 /.a O f t) Approved Not Approved Risk MaaWment Date Cotutty Administrator appeal: Approved: Not Approved: Date: Hoard of County Commisslonen appeal: Approved: Not Approved; Meeting Date: Administratimt Instruction 102 Minutes from Selection Committee Meeting 9/30/13 at 11:00 a.m. No members of the public were present Selection Committee members present Eric Udell Bob Ward Michael Grattan Jorge Swaby Christine Limbert- Barrows, asst. County attorney Irregularities in responses discussed Responses that did not acknowledge all addendum was recommended to be waived by the selection committee Teleswitch response — pricing gap in response, even with modification $16,000 gap ITOTS- math calculation incorrect; equipment list incorrect; unit price on 48 POE incorrect; optical cards, not priced Dell- pricing for number of units, needs 5 units $213,330.66 rather than $170,520.56; did not include County (Drug -free workplace form) PC Solutions- did not include County Form (drug -free workplace) Ronco- quote included training, but not priced; 9 units priced, but only can stack 8 units Blackbox, price quote unreadable Selection committee recommends that all of the above irregularities be waived and the response be considered Local Preference request for AT &T discussed Selection Committee recommended that since a substantial part of services of this RFP would not be performed at the local location that local preference should not be awarded (Local Preference Points ultimately would not affect the outcome of ranking) Generally discussed security considerations Committee members points and rankings read and discussed (points and ranking of each member attached) Results tabulated (attached) Highest Ranked, Computer Security Solutions, Inc. Second highest ranked, Extensys, Inc. Third highest ranked, AT &T, Inc.