Item C13County of Monroe
A
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
�r
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
April 12, 2017
Agenda Item Number: C.13
Agenda Item Summary #2828
BULK ITEM: Yes DEPARTMENT: Information Technology
TIME APPROXIMATE: STAFF CONTACT: Alan MacEachern (305) 295 -5110
N/A
AGENDA ITEM WORDING: Approval of Agreement between Gartner, Inc. and Monroe County
for $35,570.00 for research and analysis of products and systems for the County in selecting
hardware, software solutions, Telecom, and other IT services.
ITEM BACKGROUND: Monroe County contracted with Gartner for the first time in 2016.
They have been an asset since then, assisting with:
Negotiating our Microsoft Enterprise Agreement Licensing
Assisting us with researching vendors and tools in the following space:
• File Storage (OpentText)
• Access Point Infrastructure (Meraki)
• Enterprise Backup and Recovery
• Unified Communication (Phone Switch Replacement)
o Policies and Procedures
• Key Metrics Comparison
• Enterprise Video and Videoconferencing (Polycom)
Saving the County money and lending expertise to a fast changing environment.
IT is seeking an additional term of 1 Year to continue having Gartner as a resource which provides
assistance with analysis of current products and systems as well as future purchases of hardware,
software, telephone system and other services needed to transition county operations to more
streamline and efficient operations.
This contract is piggybacking on the State of Florida negotiated Gartner contract (attached for
reference is the State of Florida Agreement, Amendments and 2017 pricing).
PREVIOUS RELEVANT BOCC ACTION: Prior Agreement with Gartner approved March
23 2016
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
2017 Gartner Contract - Legal Review
Gartner Quote - State of Florida DMS Piggyback - Monroe County
State Of Florida - IT Research State Contract - Gartner - FINAL
2017 State of Florida Price List - Gartner Services
State of Florida - IT Research and Advisory Services - Amendment 1
State of Florida - IT Research and Advisory Services - Amendment 2
State of Florida - IT Research and Advisory Services - Amendment 3
State of Florida - IT Research and Advisory Services - Amendment 4
FINANCIAL IMPACT:
Effective Date: May 1, 2017
Expiration Date: April 30, 2018
Total Dollar Value of Contract: $35,570.00
Total Cost to County: Yes
Current Year Portion: $35,570.00
Budgeted: Yes
Source of Funds: ad valorem
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A
Grant: N / A
County Match: N /A
Insurance Required: No
Additional Details:
If yes, amount:
N/A
04/12/17 001 -05002 - TECHNICAL SERVICES
$35,570.00
REVIEWED BY:
Alan MacEachern Completed
Assistant County Administrator Christine Hurley
03/29/2017 11:46 AM
03/29/2017 11:41 AM
Skipped
Christine Limbert
Budget and Finance
Maria Slavik
Kathy Peters
Board of County Commissioners
Completed
03/29/2017 11:47 AM
Completed
03/29/2017 11:48 AM
Completed
03/29/2017 11:49 AM
Completed
03/29/2017 11:53 AM
Pending
04/12/2017 9:00 AM
Gartner, Inc. Service Agreement for Monroe County (" Client ")
This Service Agreement ("SA'') is between Gartner, Inc. of 56 Top Gallant Road, Stamford, CT 06904 ("Gartner ") and Monroe County of 1200
Truman Ave Suite 211, Key West, FL 33040 -7270 ( "Client "), and includes the Master Client Agreement between Gartner and Client or Client's
parent or affiliate Florida ACS Contract 973 - 501 -12 -ACS dated 6'7 the terms of which are incorporated by reference, and all applicable
Service Descriptions. This SA constitutes the complete agreement between Gartner and Client. Client agrees to subscribe to the following
Services for the term and fees set forth below.
Services are the subscription -based research and related services purchased by Client in the Order Schedule below and described in the Service
Descriptions, Service Names and Levels of Access arc defined in the Service Descriptions. Gartner may periodically update the names and the
deliverables for each Service. If Client adds Services or upgrades the level of service or access, an additional Service Agreement will be
required.
Service Descriptions describe each Service purchased, specify the deliverables for each Service, and set forth any additional terms unique to a
specific Service. Service Descriptions for the Services purchased in this SA may be viewed and downloaded through the hyperhnks listed in
Section 2 below or may be attached to this SA in hard copy, and arc incorporated by reference into this SA
Service Name I Level of Access I Number I Name of User to he I Contract Term I Contract Term I Total Fee
Gartner For IT I Individual I 1 I Alan MacEachern I Ma} 1, 2017
Sub -Total
Services:
Total Services:
April 30, 2018 I $35,570.00
(Excluding 1 $35,570.00
applicable sales
(Excluding $35,570.00
applicable sales
2. SERVICE DESCRIPTIONS:
Service Name/ Level of Access
Service Description URL
Gartner For IT Leaders Individual
Access Advisor
http://www.gartner.com/it/sdlsd
3. PAYMENT TERMS
Gartner will invoice Client on a quarterly basis in the amount of 58,892.50 (1 4 of the total anrount of $35,570,00 00 far all Sen ices rendered)
in accordance with the Prompt Payment Act, F.S. 218 70. Payment is due 90 days front the invoice date for the P°' quarter and net 30 for
subsequent quarters.. Client, is a political subdivision of the State of Florida and thus shall not pay any sales, use, value -added or other tax or
charge imposed or assessment by any governmental entity upon the sale, use or receipt ofSen including any taxes imposed on the net
income of Gartner.
.1lonroe Countti•'s performance and obligation to pa► wider this contract is contingent upon an annual appropriation by the Board of County
Commissioners.
Please attach any required Purchase Order ( "PO ") to this SA and enter the PO number below: 1f an annual PO is required for multi -year
contracts, Client mill issue the new PO at least 30 days prior to the beginning of each subsequent contract year Any pre-printed or additional
contract terns included on the PO shall be inapplicable and of no force or effect This SA may signed in counterparts
Gartner and Client acknowledge that The payment terns In this Sen Agreement are non- standard and these terms are only available for this
contract lean. Upon renewal the services will be renewable at the their prevailing Gartner fees at the tinie of renewal, using standard upfront
net 30 payment terns.
Gartner, Inc. - 5en ice Agreement for use with a Master Client Agreement - Version 04,16 Page 1 of 2
P nrchase �OrdWk; 1 - - Billing Address
Invoice Recipient Name
(SEAL)
ATTEST- KEVIN MADOK, Clerk
By;,
Deputy Clerk
Gartner, Inc
Signaiure Denw
Print Name and Title
I F USING A DIGITAL SIGNATURE, PLEASE
Co%'FIM%l THE FOLLOWING AS A
CONDITION OF CONTRkCT EXECUTION:
I I By ficking this box, I agree that by affixing my
digital signature hereunder I am attesting float (i) this i&
my own personal lcpl signature; and (ii) I non a duly
authorized signatory for my company. My signature
verifies that dic infDrination provided to Gartner
hereunder is subscribed by me, under penalty of false
statement and matcrial breath oftontra, t
Invoice Recipient Einail
By:_
Mayor
Invoice Recipient Teir No.
Gartner. I& - Sertice Agreement for use with a Alaster Client Agreement - Version 04146 - Page 2 of?
Gartner, Inc. Service Agreement for Monroe County ( " Client ")
This Service Agreement ( "SA ") is between Gartner, Inc. of 56 Top Gallant Road, Stamford, CT 06904 ( "Gartner") and Monroe County of 1200
Truman Ave Suite 211, Key West, FL 33040 -7270 ( "Client "), and includes the Master Client Agreement between Gartner and Client or Client's
parent or affiliate Florida ACS Contract 973 - 501 -12 -ACS dated 6/7/12 the terms of which are incorporated by reference, and all applicable
Service Descriptions. This SA constitutes the complete agreement between Gartner and Client. Client agrees to subscribe to the following
Services for the term and fees set forth below.
Services are the subscription -based research and related services purchased by Client in the Order Schedule below and described in the Service
Descriptions. Service Names and Levels of Access are defined in the Service Descriptions. Gartner may periodically update the names and the
deliverables for each Service. If Client adds Services or upgrades the level of service or access, an additional Service Agreement will be
required.
Service Descriptions describe each Service purchased, specify the deliverables for each Service, and set forth any additional terms unique to a
specific Service. Service Descriptions for the Services purchased in this SA may be viewed and downloaded through the hyperlinks listed in
Section 2 below or may be attached to this SA in hard copy, and are incorporated by reference into this SA
1. DEFINITIONS AND ORDER SCHEDULE:
Service Name
Level of Access
Number
Name of User to be
Contract Term
Contract Term
Total Fee
Licensed
of Users
Start Date
End Date
$
Gartner For IT
Individual
1
Alan MacEachern
May 1, 2017
April 30, 2018
$35,570.00
Leaders
Access Advisor
Sub -Total
(Excluding
$35,570.00
Services:
applicable sales
tax
Total Services:
(Excluding
$35,570.00
applicable sales
tax
2. SERVICE DESCRIPTIONS:
Service Name/ Level of Access
Service Description URL
Gartner For IT Leaders Individual
Access Advisor
http:// www. gartner. com/ it/ sd /sd_itl_individual_advisor.pdf
3. PAYMENT TERMS
Gartner will invoice Client on a quarterly basis in the amount of $8,892.50 (114 of the total amount of $35,570.00.00 for all Services rendered)
in accordance with the Prompt Payment Act, F.S. 218.70. Payment is due 90 days from the invoice date for the 1st quarter and net 30 for
subsequent quarters.. Client, is apolitical subdivision of the State of Florida and thus shall notpay any sales, use, value -added or other tax or
charge imposed or assessment by any governmental entity upon the sale, use or receipt of Services, including any taxes imposed on the net
income of Gartner.
Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County
Commissioners.
Please attach any required Purchase Order (PO') to this SA and enter the PO number below. If an annual PO is required for multi year
contracts, Client will issue the new PO at least 30 days prior to the beginning of each subsequent contract year. Any pre-printed or additional
contract terms included on the PO shall be inapplicable and of no force or effect. This SA may be signed in counterparts.
Gartner and Client acknowledge that the payment terms in this Service Agreement are non - standard and these terms are only available for this
contract term. Upon renewal the services will be renewable at the then prevailing Gartner fees at the time of renewal, using standard upfront
net 30 payment terms.
Gartner, Inc. - Service Agreement for use with a Master Client Agreement - Version
4. CLIENT BILLING INFORMATION
Purchase Order Number
Invoice Recipient Name
5. AUTHORIZATION
Attest: Kevin, Madok, Clerk
Signature/Date
Deputy Clerk
IF USING A DIGITAL SIGNATURE, PLEASE
CONFIRM TIN FOLLOWING AS A
CONDITION OF CONTRACT EXECUTION:
[ ] By ticking this box, I agree that by affixing my
digital signature hereunder I am attesting that: (i) this is
my own personal legal signature, and (ii) I am a duly
authorized signatory for my company. My signature
verifies that the information provided to Gartner
hereunder is subscribed by me, under penalty of false
statement and material breach of contract.
Billing Address
Invoice Recipient Email
Invoice Recipient Tel. No.
Gartner, Inc.
Signature/Date
Print Name and Title
Gartner, Inc. - Service Agreement for use with a Master Client Agreement - Version
AMENDMENT NO.: 4
Extension
Contract No.: 973 - 501 -12 -ACS
Contract Name: IT Research and Advisory Services
This Amendment ( "Amendment'), effective as of May 1, 2017, to the IT Research and Advisory
Services Contract No. 973 - 501 -12 -ACS ( "Contract'), between the State of Florida, Department
of Management Services ( "Department ") and Gartner Inc. ( "Contractor') are collectively referred
to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to
them in the Contract unless otherwise defined herein.
WHEREAS the Department awarded the above - referenced Contract to Gartner Inc. for the
provisions of IT Research and Advisory Services; and
WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as
provided in section 41 "Modification of Terms" of the Contract; and
WHEREAS the Parties agree to extend the Contract; and
THEREFORE, in consideration of the mutual promises contained below, and other good and
valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties
agree to the following;
I. Contract Extension. The Department hereby executes a six -month extension starting May 1,
2017, and in accordance with section 287.057(13), F.S., and Rule 60A- 1.048, F.A.C. The
Contract's new expiration date shall be on October 31, 2017.
II. Transaction Fees. The State of Florida, through the Department of Management
Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system
pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to
registered Vendors for purchases of commodities or contractual services will be
assessed Transaction Fees as prescribed by rule 60A- 1.031, Florida Administrative
Code, or as may otherwise be established by law. Vendors must pay the Transaction
Fees and agree to automatic deduction of the Transaction Fees, when automatic
deduction becomes available. Vendors will submit any monthly reports required
pursuant to the rule. All such reports and payments will be subject to audit. Failure to
comply with the payment of the Transaction Fees or reporting of transactions will
constitute grounds for declaring the Vendor in default and subject the Vendor to
exclusion from business with the State of Florida.
III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the
Contract, the terms of this Amendment shall control.
IV. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly
authorized to do so and to bind the respective party.
V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in
the Contract shall continue in full force and effect.
Page 1 of 26
State of Florida:
Department of Management Services
By:
Name: Rosalyn Ingram
Title: Director and Chief
Procurement Officer
Date:
Contractor:
Gartner Inc.
By:
Name:
Title:
Date:
Page 2 of 26
AMENDMENT NO.: 3
RENEWAL
IT Research & Advisory Services
Contract No.: 973 - 501 -12 -ACS
This Amendment and Renewal ( "Amendment ") to the above listed Alternate Contract
Source ( "Contract ") is effective May 1, 2016, between the Department and Contractor which
amends and renews the Contract as follows:
I. The Contract is amended with the following for section 4g:
4g) Consulting Services: In accordance with section 287.056(1), Florida Statutes,
state agencies are required to procure consulting services from existing state term
contracts and any other state term contracts established after the execution of this
agreement.
II. The Contract is amended to insert the following after subsection 4i:
4j) Cooperation with the Inspector General. Pursuant to section 20.055(5), Florida
Statutes, contractor and any subcontractors understand and will comply with their duty
to cooperate with the inspector general in any investigation, audit, inspection, review,
or hearing.
41k) Subcontractors. The Contractor shall not subcontract any work under the
Contract without prior written consent of the Department. The Contractor is fully
responsible for satisfactory completion of all subcontracted work. The Department
supports diversity in its procurements and contracts, and requests that Contractors
offer subcontracting opportunities to certified woman -, veteran -, and minority -owned
small businesses. The Contractor may contact the OSD at
osdinfop_dms.myflorida.com for information on certified business enterprises available
for subcontracting opportunities.
III. The Contract is amended with the following for section 16:
16. Diversity Reporting. The State of Florida supports its diverse business community
creating opportunities for woman -, veteran -, and minority -owned small businesses to
participate in procurements and contracts. The Department encourages supplier
diversity through certification of woman -, veteran -, and minority -owned small business
enterprises, and provides advocacy, outreach, and networking through regional
business events. For additional information, please contact the Office of Supplier
Diversity (OSD) at osdinfop_dms.myflorida.com
Upon request, the Contractor shall report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
Customer purchasing under the Contract.
IV. Renewal. The Contract's new expiration date, as amended above, is April 30, 2017.
V. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the
Contract, the terms of this Amendment shall control.
Page 3 of 26
VI. Warrant of Authority. Each person signing this Amendment warrants that he or she is
duly authorized to do so and to bind the respective party.
VII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained
in the Contract shall continue in full force and effect.
State of Florida,
Department of Management Services Contractor:
By:
By:
Name: Erin Rock Name:
Title: Deputy Secretary Title:
Date: Date:
Page 4 of 26
AMENDMENT 2
CONTRACT RENEWAL 2
TO
Alternate Contract Source No.: 973 - 501 -12 -ACS
IT Research & Advisory Services
This Amendment, effective as of the last date signed below, is by and between the State of
Florida, Department of Management Services (Department), Division of State Purchasing
(Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee,
Florida 32399 -0950, and Gartner, Inc. (Contractor), and amends the Alternate Contract Source
No. 973 - 501 -12 -ACS (Contract). Department and Contractor are collectively referred to herein
as the "Parties."
The parties hereto agree to amend the contract to add the following provisions:
1.0 CONTRACT RENEWAL
The Department hereby executes its renewal option for a one -year period pursuant to the
provision of PUR 1000, section 27. The new contract expiration date shall be April 30, 2016
2.0 EMPLOYMENT VERIFICATION (E- VERIFY)
Pursuant to State of Florida Executive Order Number 11 -116, Contractor is required to
utilize the U.S. Department of Homeland Security's E- Verify system to verify eligibility of all
new employees hired by the Contractor to work in the U.S. during the Contract term. Also,
Contractor is to include in related subcontracts a requirement that subcontractors performing
work or providing services pursuant to the Contract utilize the E- Verify system to verify the
eligibility of all new employees hired by the subcontractor to work in the U.S. during the
Contract term.
3.0 SCRUTINIZED COMPANY LIST
Pursuant to subsection 287.135(5), F.S., by signing a contract or renewal of a contract
where the value exceeds $1 million to which this clause is attached, the Respondent or
Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, created pursuant to section 215.473, F.S.
Pursuant to subsection 287.135(3)(b), F.S, Department may immediately terminate any
contract for cause if the Contractor is found to have submitted a false certification under
subsection 287.135(5), F.S., or if Contractor is placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List during the term of the Contract.
4.0 CONTRACTOR — PUBLIC RECORDS
If, under the Contract, the Contractor is providing services and is acting on behalf of the
Department as provided under subsection 119.011 (2), Florida Statutes, the Contractor,
subject to the terms of paragraph 287.058(1)(c), Florida Statutes, and any other applicable
legal and equitable remedies, shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by
the Department in order to perform the service.
b) Provide the public with access to public records on the same terms and conditions that
the Department would provide the records and at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
Page 5 of 26
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to the
Department all public records in possession of the Contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically must
be provided to the Department in a format that is compatible with the information technology
systems of the Department.
5.0 WARRANTY OF AUTHORITY
Each person signing this Agreement warrants that he or she is duly authorized to do so and
to bind the respective party.
6.0 REPLACEMENT CONTRACT.
A replacement contract may be established for these services prior to the expiration of this
renewed contract. The replacement contract shall supersede and may cause early
termination of this contract, 973 - 501 -12 -ACS.
7.0 CONFLICT
To the extent any of the terms of this Amendment conflict with any other terms of the
Contract, the terms of this Amendment shall control. All other terms of the Contract, or as
previously amended, remain in full force.
State of Florida,
Department of Management Services:
Contractor: Gartner, Inc.
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
Page 6 of 26
AMENDMENT 1
CONTRACT RENEWAL
TO
Alternate Contract Source No.: 973 - 501 -12 -ACS
IT Research & Advisory Services
This Amendment, effective as of the last date signed below, is by and between the State of
Florida, Department of Management Services (Department), Division of State Purchasing
(Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee,
Florida 32399 -0950, and Gartner, Inc. (Contractor), and amends the Alternate Contract Source
No. 973 - 501 -12 -ACS (Contract). Department and Contractor are collectively referred to herein
as the "Parties."
The parties hereto agree to amend the contract as follows:
1.0 CONTRACT RENEWAL
The Department hereby executes its renewal option for a one -year period pursuant to the
provision of PUR 1000, section 27. The new contract expiration date shall be April 30, 2015
2.0 WARRANTY OF AUTHORITY
Each person signing this Agreement warrants that he or she is duly authorized to do so and
to bind the respective party.
3.0 REPLACEMENT CONTRACT.
A replacement contract may be established for these services prior to the expiration of this
renewed contract. The replacement contract shall supersede and cause early termination of
this renewed contract number 973 - 501 -12 -ACS.
4.0 CONFLICT
To the extent any of the terms of this Amendment conflict with any other terms of the
Contract, the terms of this Amendment shall control. All other terms of the Contract, or as
previously amended, remain in full force.
State of Florida, Contractor: Gartner, Inc.
Department of Management Services:
By:
Name: Kelley J. Scott
Director of State Purchasing &
Title: Chief Procurement Officer
By:
Name:
Title:
Date:
Date:
Page 7 of 26
Preferred Pricing Affidavit
REGARDING THE CONTRACT BETWEEN
GARTNER, INC. (THE "CONTRACTOR ")
AND
THE FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
CONTRACT No.: 973 - 501 -12 -ACS DATED 06/06/2012 (THE "CONTRACT ")
PURSUANT TO SECTION 216.0113, FLORIDA STATUTES, THE UNDERSIGNED CONTRACTOR
HEREBY ATTESTS THAT THE CONTRACTOR COMPLIES WITH THE PREFERRED - PRICING CLAUSE
CONTAINED IN SECTION 4(b) OF THE PUR1000 INCORPORATED IN THE CONTRACT.
PRINT CONTRACTOR'S NAME: GARTNER, INC.
AN
SIGNATURE OF AUTHORIZED REPRESENTATIVE
PRINT REPRESENTATIVE'S NAME /TITLE:
DATE:
STATE OF
COUNTY OF
Sworn to (or affirmed) and subscribed before me this day of by
Signature of Notary
(Print, Type, or Stamp Commissioned Name of N otary Public
[Check One] Personally Known OR Produced the following I.D.
VENDOR NAME FEIN#
VENDOR'S AUTHORIZED REPRESENTATIVE NAME AND TITLE
ADDRESS
CITY, STATE, ZIP
PHONE NUMBER
EMAIL ADDRESS
CORPORATE SEAL (IF APPLICABLE)
Page 8 of 26
ALTERNATE CONTRACT SOURCE
Under authority of
VITA Contract No. VA-1 20501 -GARG
Between the Department and Gartner, Inc.
Department of Management Services ACS# 973 - 501 -12 -ACS
IT Research & Advisory Services
THIS ALTERNATE CONTRACT SOURCE ( "Alternate Contract Source ") is made and entered into
as of the date last set forth below by and between the State of Florida, Department of Management
Services ( "Department ") and Gartner, Inc. ( "Contractor ").
The Department is authorized by section 287.042(16), Florida Statutes, to evaluate contracts and,
when determined in writing to be cost - effective and in the best interest of the State of Florida, to enter
into an agreement authorizing all Eligible Users (as that phrase is defined in Rule 60A- 1.005, Florida
Administrative Code) to make purchases from such contracts.
WHEREAS, the Virginia Information Technologies Agency (VITA) and the Contractor are parties to
VITA Term Contract No. VA-1 20501 -GARG, under which all Eligible Users within the State of Florida
may purchase products or services from Contractor; and
THEREFORE, in consideration of the promises contained below and good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as
follows:
1. Upon execution of this Alternate Contract Source by both Department and Contractor, the
Department may purchase products and services under VITA Term Contract No. VA-1 20501 -GARG,
subject to the terms and conditions of VITA Term Contract No. VA-1 20501 -GARG.
2. The Department acknowledges and agrees to be bound by the terms and conditions of VITA Term
Contract No. VA- 120501 -GARG, which are specifically incorporated herein by reference, except as
otherwise specified in this Alternate Contract Source.
3. The Department hereby grants all Eligible Users permission to make purchases under VITA Term
Contract No. VA-1 20501 -GARG "IT Research & Advisory Services" subject to the terms contained in
this Alternate Contract Source.
4. Changes /Additions to VITA Term Contract No. VA- 120501 -GARG Conditions
4a) Prices The Price Sheet set forth at Attachment B "2012 State of Florida Price List' hereto shall
apply to this Alternate Contract Source.
The Department and Contractor agree that pricing for IT Research & Advisory Services shall be based
upon and in accordance with Gartner's then current General Services Administration (GSA) Group
70 IT Schedule, plus one percent (1 %).
For Contractor services that do not appear on GSA Schedule 70, the Department's pricing will be
based upon Gartner State and Local Government pricing, plus one percent (1 %).
4b) PUR 1000 Form The Department Purchasing Form PUR 1000 is hereby incorporated into and
made part of the Alternate Contract Source as "Attachment A." If there is a conflict between the terms
Page 9 of 26
and conditions provided in this Alternate Contract Source and the PUR 1000, the terms provided in
the Alternate Contract Source shall control.
4c) Effective Date The Alternate Contract Source shall become effective on the last date signed
below and shall remain effective as long as VITA Term Contract No. VA- 120501 -GARG is in effect,
including VITA Term Contract No. VA- 120501 -GARG being extended and /or renewed, unless
terminated earlier pursuant to Florida law or as provided in the Alternate Contract Source or the PUR
1000. Therefore, as is within the control of the parties, the parties agree that the term of this Alternate
Contract Source will continue for its stated term, whether as part of an extension or renewal of the
current Alternate Contract Source.
The Alternate Contract Source is hereby coterminous with VITA Term Contract No. VA- 120501-
GARG, IT Research & Advisory Services.
4d) Orders In order to procure products and services hereunder, buyers shall issue purchase orders
or use a credit card, either of which will reference this Alternate Contract Source. Buyers are
responsible for reviewing the terms and conditions of this Alternate Contract Source and VITA Term
Contract No. VA-1 20501 -GARG referenced above. Neither the Department nor VITA are a party to
any purchase order issued hereunder.
4e) Compliance with Laws The Contractor shall comply with all laws, rules, codes, ordinances, and
licensing requirements that are applicable to the conduct of its business, including those of federal,
State, and local agencies having jurisdiction and authority. By way of non - exhaustive example,
Chapter 287 of the Florida Statutes and Chapter 60A -1 of the Florida Administrative Code govern the
Alternate Contract Source. By way of further non - exhaustive example, the Contractor shall comply
with section 247A(e) of the Immigration and Nationalization Act, the Americans with Disabilities Act,
and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin,
handicap, marital status, or veteran's status. Violation of such laws shall be grounds for Alternate
Contract Source termination.
4f) Other Eligible Users If any additional ordinance, rule, or other local governmental authority
requires additional contract language before an Other Eligible User can make a purchase from the
Alternate Contract Source referenced above, in lieu of this Alternate Contract Source, the Eligible
User is responsible for signing a separate Alternate Contract Source with the Contractor.
4g) Consulting Services In accordance with section 287.056(1), Florida Statutes, state agencies are
required to procure consulting services from existing state term contracts and any other state term
contracts established after the execution of this agreement. Other Eligible Users are authorized under
this Alternate Contract Source to purchase the hourly consulting rates listed in Attachment B.
4h) Provisions of 287.058, Florida Statutes The provisions of section 287.058(1)(a) -(i), Florida
Statutes, are hereby incorporated by reference.
4i) Appropriation of Funds The State of Florida's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature. The Contractor shall comply
with section 11.062, Florida Statutes, and section 216.347, Florida Statutes, prohibiting use of funds
to lobby the Legislature, Judiciary, or State agencies.
5. Primary Contact:
The primary contact for the State of Florida for this Alternate Contract Source is as follows:
Name: Mina Barekat, Associate Category Manager
Page 10 of 26
Agency: Department of Management Services, Division of State Purchasing
Address: 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399 -0950
Telephone: (850) 488 -1985
Fax: (850) 414 -6122
E -mail: Mina .Barekat(a7dms.MVFlorida.com
The primary contact for the Contractor for this Alternate Contract Source is as follows:
Name: Vanessa Tyler
Company: Gartner, inc.
Address: 3686 Longfellow Road Tallahassee, FL 32311
Telephone: 850 - 656 -9585
Fax: 800 - 219 -7086
E -mail: vanessa.tyler(a)aartner.com Contract Number:
All purchase orders issued by purchasing entities within the State of Florida shall include Department
of Management Services ACS # 973 - 501 -12 -ACS, unless otherwise provided by Florida Law, statute,
rule or this Alternate Contract Source. The Department will not implement any additional restrictions
on any Eligible User to purchase off this Alternate Contract Source. State agencies will not be
required to submit a PUR 7102, Alternate Contract Source form, for purchases related to this
Alternate Contract Source.
7. Contract Document:
This Alternate Contract Source, its attachment(s), and VITA Term Contract No. VA- 120501 -GARG,
set forth the entire Alternate Contract Source between the parties with respect to the subject matter
of this Alternate Contract Source. Terms and conditions inconsistent with, or in addition to, the terms
and conditions of this Alternate Contract Source and associated Attachments, shall not be added to
this Alternate Contract Source, by any subsequent purchase order or otherwise and any such
attempts to add or incorporate such terms and conditions are hereby rejected. The terms and
conditions of this Alternate Contract Source and its attachments shall prevail and govern in the case
of any such inconsistent or additional terms.
8. Event of Dispute:
This Alternate Contract Source, its attachment(s), and VITA Term Contract No. VA- 120501 -GARG
set forth the entire understanding of the parties. In the case of an ambiguity which requires extrinsic
evidence to determine the intent of the parties, the following documents shall have priority in the order
set forth below:
The Alternate Contract Source, any attachments, and any amendments
VITA Term Contract No. VA-1 20501 -GARG
9. Intellectual Property:
The parties do not anticipate that any intellectual property will be developed as a result of this
Alternate Contract Source. However, any intellectual property developed as a result of this Alternate
Contract Source will belong to and be the sole property of the Eligible User. This provision will survive
the termination or expiration of the Alternate Contract Source.
10. Employment Eligibility Verification:
Pursuant to State of Florida Executive Orders Nos.: 11 -02 and 11 -116, Contractor is required to utilize
the U.S. Department of Homeland Security's E- Verify system to verify the employment of all new
employees hired by the Contractor during the Alternate Contract Source term. Also, Contractor shall
include in related subcontracts a requirement that subcontractors performing work or providing
services pursuant to the state Alternate Contract Source utilize the E- Verify system to verify
Page 11 of 26
employment of all new employees hired by the subcontractor during the Alternate Contract Source
term.
11. Preferred Pricing:
The Contractor agrees to submit to the Department, at least annually, an affidavit from an authorized
representative attesting that the Contractor is in compliance with the preferred pricing provision in
Section 4(b) of form PUR 1000.
12. Scrutinized Company List:
In executing this Alternate Contract Source, Contractor certifies that it is not listed on either the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida
Statutes. Pursuant to section 287.135(5), Florida Statutes, Contractor agrees the Department may
immediately terminate this Alternate Contract Source for cause if the Contractor is found to have
submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities
in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List
during the term of the Alternate Contract Source.
13. Electronic Invoicing:
The Contractor shall supply electronic invoices in lieu of paper -based invoices for those transactions
processed through the MFMP. Contractor agrees, upon the Department's request, to establish
electronic invoicing within ninety (90) days of written request. Electronic invoices shall be submitted
to the agency through the Ariba Supplier Network (ASN) in one of three mechanisms as listed below:
• cXML (commerce eXtensible Markup Language)
This standard establishes the data contents required for invoicing via cXML within the context of an
electronic environment. This transaction set can be used for invoicing via the ASN for catalog and
non - catalog goods and services. The cXML format is the Ariba preferred method for elnvoicing.
• EDI (Electronic Data Interchange)
This standard establishes the data contents of the Invoice Transaction Set (810) for use within the
context of an Electronic Data Interchange (EDI) environment. This transaction set can be
used for invoicing via the ASN for catalog and non - catalog goods and services.
• PO Flip via ASN
The online process allows suppliers to submit invoices via the ASN for catalog and non - catalog goods
and services. Contractors have the ability to create an invoice directly from their Inbox in their ASN
account by simply "flipping" the PO into an invoice. This option does not require any special software
or technical capabilities.
For the purposes of this section, the Contractor warrants and represents that it is authorized and
empowered to and hereby grants the State and the third party provider of MFMP, a state contractor,
the right and license to use, reproduce, transmit, distribute, and publicly display within the system the
information outlined above. In addition, the Contractor warrants and represents that it is authorized
and empowered to and hereby grants the State and the third party provider the right and license to
reproduce and display within the system the Contractor's trademarks, system marks, logos, trade
dress, or other branding designation that identifies the products made available by the Contractor
under the Alternate Contract Source.
The Contractor will work with the MFMP management team to obtain specific requirements for the
electronic invoicing upon contract award.
Page 12 of 26
14. Reporting Requirements:
Contractor shall submit a sales report on a Quarterly basis. Reporting periods coincide with the State
Fiscal Year:
• Quarter 1- (July- September)
• Quarter 2 - (October- December)
• Quarter 3 - (January- March)
• Quarter 4 - (April -June)
Each Quarterly Sales Report must be in Excel format and shall include:
• Contractor's Name and contact information as required on the Department of
Management Services "Contract Quarterly Report"
• Detail of time period covered by included data
• Total sales including detail of list price and contract price
• Transaction detail will include:
Job Number!
Job / agreement / order number
Invoice Number
Service Name
Given name of service
Category
Description of the service category
Subcategory
Description of the service subcategory (if
applicable)
Service
Description
Additional detail for service
Customer Name
State Agencies, Universities, Political Subdivisions, Other
Eligible Users
NIGP Code
National Institute of Government Procurement code
Florida
Commodity Code
Florida Commodity Code
UQM
Unit of Measure
UOM Desc
Description of unit of measure
Staff Qty
Number of staff assigned to this order /job (if applicable)
Billable Hours
Number of hours completed by staff assigned to this order /job
(if applicable)
Order Date
Order date
Start Date
Start date of service
End Date
End date of customer's order / job
Payment Type
Purchase Order, Payment Card, Other
Contract Rate X
Contracted price with state for service X
Contract Billable
Number of hours at rate X (if applicable)
Hours X
Negotiated Price
I A price reached at a rate other than the contract rate
Failure to provide quarterly and annual sales reports, including no sales, within thirty (30) calendar
days following the end of each quarter (January, April, July and October) and /or contract year may
result in the Contractor being found in default and cancellation of the Alternate Contract Source by
the Department. Upon request, the Contractor shall report to the Department, spend with certified
Page 13 of 26
and other minority business enterprises. Reports must include the period covered, the name, minority
code and Federal Employer Identification Number of each minority vendor utilized during the period,
commodities and services provided by the minority business enterprise, and the amount paid to each
minority vendor on behalf of each purchasing agency ordering under the terms of this contract.
Initiation and submission of the Contract Sales Summaries are to be the responsibility of the
Contractor without prompting or notification by the Contract Manager. The Contractor will submit the
completed Contract Sales Summary forms by email to the Contract Manager.
15. Warrant of Authority:
Each person signing this Alternate Contract Source warrants that he or she is duly authorized to do
so and to bind the respective party.
IN WITNESS WHEREOF, the parties have executed this Alternate Contract Source as of last date
signed by the parties below.
State of Florida, Gartner, Inc.
Department of Management Services:
By:
Name:
Title:
By:
Name:
Title:
Date: Date:
Approved as to form and legality
By.
Office of the General Counsel
Department of Management Services
Date
Enclosure: Attachment A, PUR 1000 Form
Attachment B, 2012 State of Florida Price List
Page 14 of 26
Attachment A
State of Florida -- PUR 1000
General Contract Conditions
Contents
1. Definitions.
2. Purchase Orders.
3. Product Version.
4. Price Changes Applicable only to Term Contracts.
5. Additional Quantities.
6. Packaging.
7. Manufacturer's Name and Approved Equivalents.
8. Inspection at Contractor's Site.
9. Safety Standards.
10. Americans with Disabilities Act.
11. Literature.
12. Transportation and Delivery.
13. Installation.
14. Risk of Loss.
15. Transaction Fee.
16. Invoicing and Payment.
17. Taxes.
18. Governmental Restrictions.
19. Lobbying and Integrity.
20. Indemnification.
21. Limitation of Liability.
22. Suspension of Work.
23. Termination for Convenience.
24. Termination for Cause.
25. Force Majeure, Notice of Delay, and No Damages for Delay.
26. Scope Changes.
27. Renewal.
28. Advertising.
29. Assignment.
30. Dispute Resolution.
31. Employees, Subcontractors, and Agents.
32. Security and Confidentiality.
33. Independent Contractor Status of Contractor.
34. Insurance Requirements.
35. Warranty of Authority.
36. Warranty of Ability to Perform.
37. Notices.
38. Leases and Installment Purchases.
39. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE).
40. Products Available from the Blind or Other Handicapped.
41. Modification of Terms.
42. Cooperative Purchasing.
43. Waiver.
44. Annual Appropriations.
45. Execution in Counterparts.
46. Severability.
Page 15 of 26
1. Definitions. The definitions contained in s. 60A- 1.001, F.A.C. shall apply to this agreement. The
following additional terms are also defined:
(a) "Contract" means the legally enforceable Alternate Contract Source that results from a successful
solicitation. The parties to the Contract will be the Customer and Contractor.
(b) "Customer' means the State agency or other entity that will order products directly from the
Contractor under the Contract.
(c) "Product" means any deliverable under the Contract, which may include commodities, services,
technology or software.
(d) "Purchase order' means the form or format a Customer uses to make a purchase under the
Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, or other
authorized means).
2. Purchase Orders. A Contractor shall not deliver or furnish products until a Customer transmits a
purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed
by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the
Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the
terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in
favor of terms most favorable to the Customer. A purchase order for services within the ambit of
section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the
requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager
and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes.
3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently
release model or version of the product at the time of the order, unless the Customer specifically
requests in writing an earlier model or version and the contractor is willing to provide such model or
version.
4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or
services, the following provisions apply.
(a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of
large single orders. Customers should seek to negotiate additional price concessions on quantity
purchases of any products offered under the Contract. State Customers shall document their files
accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing
offered by the Contractor for substantially the same or a smaller quantity of a product outside the
Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer
the price under the Contract shall be immediately reduced to the lower price.
(c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a
change in market conditions, a Contractor may conduct sales promotions involving price reductions
for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation
identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3)
promotional prices compared to then - authorized prices. Promotional prices shall be available to all
Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion.
Page 16 of 26
(d) Trade -In. Customers may trade -in equipment when making purchases from the Contract. A trade -
in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively
seek current fair market value when trading equipment, and to keep accurate records of the process.
For State agencies, it may be necessary to provide documentation to the Department of Financial
Services and to the agency property custodian pursuant to Chapter 273, F.S.
(e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in
the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen
volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the
volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the
marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or
availability of supply is substantial, and (4) the volatility so affects the Contractor that continued
performance of the Contract would result in a substantial loss.
5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation
award, the Customer reserves the right to acquire additional quantities up to the amount shown on
the solicitation but not to exceed the threshold for Category Two at the prices submitted in the
response to the solicitation.
6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and
stocking in appropriate, clearly labeled, shipping containers and according to accepted commercial
practice, without extra charge for packing materials, cases, or other types of containers. All
containers and packaging shall become and remain Customer's property.
7. Manufacturer's Name and Approved Equivalents. Unless otherwise specified, any
manufacturers' names, trade names, brand names, information or catalog numbers listed in a
specification are descriptive, not restrictive. With the Customer's prior approval, the Contractor may
provide any product that meets or exceeds the applicable specifications. The Contractor shall
demonstrate comparability, including appropriate catalog materials, literature, specifications, test
data, etc. The Customer shall determine in its sole discretion whether a product is acceptable as an
equivalent.
8. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable
time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess
conformity with Contract requirements and to determine whether they are adequate and suitable for
proper and effective Contract performance.
9. Safety Standards. All manufactured items and fabricated assemblies subject to operation under
pressure, operation by connection to an electric source, or operation involving connection to a
manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable
to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification
marking of the appropriate safety standard organization, where such approvals of listings have been
established for the type of device offered and furnished, for example: the American Society of
Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical
Manufacturers' Association for electrically operated assemblies; and the American Gas Association
for gas- operated assemblies. In addition, all items furnished shall meet all applicable requirements
of the Occupational Safety and Health Act and state and federal requirements relating to clean air
and water pollution.
10. Americans with Disabilities Act. Contractors should identify any products that may be used or
adapted for use by visually, hearing, or other physically impaired individuals.
Page 17 of 26
11. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product
offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc.
12. Transportation and Delivery. Prices shall include all charges for packing, handling, freight,
distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within
thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving
a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or
intentional delays shall be cause for Contract cancellation and Contractor suspension.
13. Installation. Where installation is required, Contractor shall be responsible for placing and
installing the product in the required locations at no additional charge, unless otherwise designated
on the purchase order. Contractor's authorized product and price list shall clearly and separately
identify any additional installation charges. All materials used in the installation shall be of good
quality and shall be free of defects that would diminish the appearance of the product or render it
structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging,
and materials required to install or replace the product in the proper location. Contractor shall protect
the site from damage and shall repair damages or injury caused during installation by Contractor or
its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve
installation, the Contractor shall promptly restore the structure or site to its original condition.
Contractor shall perform installation work so as to cause the least inconvenience and interference
with Customers and with proper consideration of others on site. Upon completion of the installation,
the location and surrounding area of work shall be left clean and in a neat and unobstructed condition,
with everything in satisfactory repair and order.
14. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until
acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be
responsible for filing, processing, and collecting all damage claims. To assist the Contractor with
damage claims, the Customer shall: record any evidence of visible damage on all copies of the
delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the
Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer
rejects a product, Contractor shall remove it from the premises within ten days after notification or
rejection. Upon rejection notification, the risk of loss of rejected or non - conforming product shall
remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be
deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its
own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or
effecting removal or disposition of rejected product.
15. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide
eProcurement System ( "System "). Pursuant to section 287.057(23), Florida Statutes (2002), all
payments shall be assessed a Transaction Fee of one percent (1.0 %), which the Contractor shall pay
to the State, unless exempt pursuant to 60A- 1.032, F.A.C.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall,
when possible, be automatically deducted from payments to the Contractor. If automatic deduction
is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A- 1.031(2), F.A.C.
By submission of these reports and corresponding payments, Contractor certifies their correctness.
All such reports and payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of
any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the
Contractor. Notwithstanding the foregoing, a Transaction Fee is non - refundable when an item is
Page 18 of 26
rejected or returned, or declined, due to the Contractor's failure to perform or comply with
specifications or requirements of the agreement.
Failure to comply with these requirements shall constitute grounds for declaring the Contractor in
default and recovering reprocurement costs from the Contractor in addition to all outstanding fees.
CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM
CONDUCTING FUTURE BUSINESS WITH THE STATE.
16. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number,
and the appropriate vendor identification number. The State may require any other information from
the Contractor that the State deems necessary to verify any purchase order placed under the
Contract.
At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of
the Department of Management Services. Current guidelines require that Contractor supply
electronic invoices in lieu of paper -based invoices for those transactions processed through the
system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network
(ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the
ASN.
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes,
which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due
to preparation errors will result in a delay in payment. Contractors may call (850) 413 -7269 Monday
through Friday to inquire about the status of payments by State Agencies. The Customer is
responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment,
shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to
the Department or to other Customers.
17. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible
personal property. The State will not pay for any personal property taxes levied on the Contractor or
for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted
by the Customer on a purchase order or other special contract condition.
18. Governmental Restrictions. If the Contractor believes that any governmental restrictions have
been imposed that require alteration of the material, quality, workmanship or performance of the
products offered under the Contract, the Contractor shall immediately notify the Customer in writing,
indicating the specific restriction. The Customer reserves the right and the complete discretion to
accept any such alteration or to cancel the Contract at no further expense to the Customer.
19. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and
Section 216.347, FS.The Contractor shall not, in connection with this or any other agreement with the
State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as
consideration for any State officer or employee's decision, opinion, recommendation, vote, other
exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone
any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For
purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the
form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of
money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector
General, or other authorized State official, the Contractor shall provide any type of information the
Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may
include, but shall not be limited to, the Contractor's business or financial records, documents, or files
of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for
the longer of (1) three years after the expiration of the Contract or (2) the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
Page 19 of 26
http://diis.dos.state.fl.us/barm/genschedules/gensched.htm The Contractor agrees to reimburse
the State for the reasonable costs of investigation incurred by the Inspector General or other
authorized State official for investigations of the Contractor's compliance with the terms of this or any
other agreement between the Contractor and the State which results in the suspension or debarment
of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators,
including overtime; travel and lodging expenses; and expert witness and documentary fees. The
Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's
suspension or debarment.
20. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees,
partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and
Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of
every name and description, including attorneys' fees, arising from or relating to personal injury and
damage to real or personal tangible property alleged to be caused in whole or in part by Contractor,
its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not
indemnify for that portion of any loss or damages proximately caused by the negligent act or omission
of the State or a Customer.
Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers
from any suits, actions, damages, and costs of every name and description, including attorneys' fees,
arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or
intellectual property right, provided, however, that the foregoing obligation shall not apply to a
Customer's misuse or modification of Contractor's products or a Customer's operation or use of
Contractor's products in a manner not contemplated by the Contract or the purchase order. If any
product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the
subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to
continue using the product or to modify it to become non - infringing. If the Contractor is not reasonably
able to modify or otherwise secure the Customer the right to continue using the product, the
Contractor shall remove the product and refund the Customer the amounts paid in excess of a
reasonable rental for past use. The customer shall not be liable for any royalties.
The Contractor's obligations under the preceding two paragraphs with respect to any legal action are
contingent upon the State or Customer giving the Contractor (1) written notice of any action or
threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's
sole expense, and (3) assistance in defending the action at Contractor's sole expense. The
Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or
Customer in any legal action without the Contractor's prior written consent, which shall not be
unreasonably withheld.
21. Limitation of Liability. For all claims against the Contractor under any individual purchase order,
and regardless of the basis on which the claim is made, the Contractor's liability under a purchase
order for direct damages shall be limited to the greater of $100,000, the dollar amount of the purchase
order, or two times the charges rendered by the Contractor under the purchase order. This limitation
shall not apply to claims arising under the Indemnity paragraph contain in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be
liable to another for special, indirect, punitive, or consequential damages, including lost data or
records (unless the purchase order requires the Contractor to back -up data or records), even if the
party has been advised that such damages are possible. No party shall be liable for lost profits, lost
revenue, or lost institutional operating savings. The State and Customer may, in addition to other
remedies available to them at law or equity and upon notice to the Contractor, retain such monies
Page 20 of 26
from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs
and the like asserted by or against them. The State may set off any liability or other obligation of the
Contractor or its affiliates to the State against any payments due the Contractor under any contract
with the State.
22. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under
the Contract, at any time, when in the best interests of the State to do so. The Customer shall provide
the Contractor written notice outlining the particulars of suspension. Examples of the reason for
suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other
such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice
and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the
Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time
activity shall resume, or (2) terminate the Contract. Suspension of work shall not entitle the Contractor
to any additional compensation.
23. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate
the Contract in whole or in part when the Customer determines in its sole discretion that it is in the
State's interest to do so. The Contractor shall not furnish any product after it receives the notice of
termination, except as necessary to complete the continued portion of the Contract, if any. The
Contractor shall not be entitled to recover any cancellation charges or lost profits.
24. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1)
deliver the product within the time specified in the Contract or any extension, (2) maintain adequate
progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4)
abide by any statutory, regulatory, or licensing requirement. Rule 60A- 1.006(3), F.A.C., governs the
procedure and consequences of default. The Contractor shall continue work on any work not
terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any
excess costs if the failure to perform the Contract arises from events completely beyond the control,
and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default
of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor
shall not be liable for any excess costs for failure to perform, unless the subcontracted products were
obtainable from other sources in sufficient time for the Contractor to meet the required delivery
schedule. If, after termination, it is determined that the Contractor was not in default, or that the
default was excusable, the rights and obligations of the parties shall be the same as if the termination
had been issued for the convenience of the Customer. The rights and remedies of the Customer in
this clause are in addition to any other rights and remedies provided by law or under the Contract.
25. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be
responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the
Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of
God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the
Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate
source of supply is available to the Contractor. In case of any delay the Contractor believes is
excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and
describe the cause of the delay either (1) within ten (10) days after the cause that creates or will
create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a
result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor
first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE
CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in
strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,
Page 21 of 26
other than for an extension of time, shall be asserted against the Customer. The Contractor shall not
be entitled to an increase in the Contract price or payment of any kind from the Customer for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs
of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from
any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of
the causes described in this paragraph, after the causes have ceased to exist the Contractor shall
perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay
will significantly impair the value of the Contract to the State or to Customers, in which case the
Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the
Contractor grants preferential treatment to Customers with respect to products subjected to
allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the
related costs and expenses) to replace all or part of the products that are the subject of the delay,
which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole
or in part.
26. Scope Changes. The Customer may unilaterally require, by written order, changes altering,
adding to, or deducting from the Contract specifications, provided that such changes are within the
general scope of the Contract. The Customer may make an equitable adjustment in the Contract
price or delivery date if the change affects the cost or time of performance. Such equitable
adjustments require the written consent of the Contractor, which shall not be unreasonably withheld.
If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them.
27. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in
whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period
is longer. Any renewal shall specify the renewal price, as set forth in the solicitation response. The
renewal must be in writing and signed by both parties, and is contingent upon satisfactory
performance evaluations and subject to availability of funds.
28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly
disseminate any information concerning the Contract without prior written approval from the
Customer, including, but not limited to mentioning the Contract in a press release or other promotional
material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's
name and either a description of the Contract or the name of the State or the Customer in any material
published, either in print or electronically, to any entity that is not a party to Contract, except potential
or actual authorized distributors, dealers, resellers, or service representative.
29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations
under the Contract, or under any purchase order issued pursuant to the Contract, without the prior
written consent of the Customer; provided, the Contractor assigns to the State any and all claims it
has with respect to the Contract under the antitrust laws of the United States and the State. In the
event of any assignment, the Contractor remains secondarily liable for performance of the contract,
unless the Customer expressly waives such secondary liability. The Customer may assign the
Contract with prior written notice to Contractor of its intent to do so.
30. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by
the Customer's designated contract manager, who shall reduce the decision to writing and serve a
copy on the Contractor. The decision shall be final and conclusive unless within ten (10) days from
the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The
Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant
to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition
precedent to the Contractor's ability to pursue any other form of dispute resolution; provided,
Page 22 of 26
however, that the parties may employ the alternative dispute resolution procedures outlined in
Chapter 120.
Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of
or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such
action, Florida law shall apply and the parties waive any right to jury trial.
31. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents
performing work under the Contract shall be properly trained technicians who meet or exceed any
specified training qualifications. Upon request, Contractor shall furnish a copy of technical
certification or other proof of qualification. All employees, subcontractors, or agents performing work
under the Contract must comply with all security and administrative requirements of the Customer.
The State may conduct, and the Contractor shall cooperate in, a security background check or
otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may
refuse access to, or require replacement of, any personnel for cause, including, but not limited to,
technical or training qualifications, quality of work, change in security status, or non - compliance with
a Customer's security or other requirements. Such approval shall not relieve the Contractor of its
obligation to perform all work in compliance with the Contract. The State may reject and bar from
any facility for cause any of the Contractor's employees, subcontractors, or agents.
32. Security and Confidentiality. The Contractor shall comply fully with all security procedures of
the State and Customer in performance of the Contract. The Contractor shall not divulge to third
parties any confidential information obtained by the Contractor or its agents, distributors, resellers,
subcontractors, officers or employees in the course of performing Contract work, including, but not
limited to, security procedures, business operations information, or commercial proprietary
information in the possession of the State or Customer. The Contractor shall not be required to keep
confidential information or material that is publicly available through no fault of the Contractor, material
that the Contractor developed independently without relying on the State's or Customer's confidential
information, or material that is otherwise obtainable under State law as a public record. To insure
confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and
subcontractors. The warranties of this paragraph shall survive the Contract.
33.Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall
take all actions necessary to ensure that Contractor's employees, subcontractors and other agents
are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that
Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance
(health, workers' compensations, and unemployment) from an employer other than the State of
Florida.
34. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall
provide commercial insurance of such a type and with such terms and limits as may be reasonably
associated with the Contract. Providing and maintaining adequate insurance coverage is a material
obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits
of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the
Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers
authorized or eligible to write policies in Florida.
35. Warranty of Authority. Each person signing the Contract warrants that he or she is duly
authorized to do so and to bind the respective party to the Contract.
Page 23 of 26
36. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there
is no pending or threatened action, proceeding, or investigation, or any other legal or financial
condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its
Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the
convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar
list maintained by any other state or the federal government. The Contractor shall immediately notify
the Customer in writing if its ability to perform is compromised in any manner during the term of the
Contract.
37. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt
requested, by reputable air courier service, or by personal delivery to the agency designee identified
in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall
be delivered to the person who signs the Contract. Either designated recipient may notify the other,
in writing, if someone else is designated to receive notice.
38. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in
Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment -
purchase agreement in excess of the Category Two amount established by section 287.017 of the
Florida Statutes.
39. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section
946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly
understood and agreed that any articles which are the subject of, or required to carry out, the Contract
shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE)
in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the
Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying
out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings
with such corporation are concerned." Additional information about PRIDE and the products it offers
is available at http: / /www.pridefl.com
40. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires
the following statement to be included in the solicitation: "It is expressly understood and agreed that
any articles that are the subject of, or required to carry out, this contract shall be purchased from a
nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter
413, Florida Statutes, in the same manner and under the same procedures set forth in section
413.036(1) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other
business entity carrying out the provisions of this contract shall be deemed to be substituted for the
State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional
information about the designated nonprofit agency and the products it offers is available at
http://www.respectofflorida.or .
41. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the
parties, which terms and conditions shall govern all transactions between the Customer and the
Contractor. The Contract may only be modified or amended upon mutual written agreement of the
Customer and the Contractor. No oral agreements or representations shall be valid or binding upon
the Customer or the Contractor. No alteration or modification of the Contract terms, including
substitution of product, shall be valid or binding against the Customer. The Contractor may not
unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g.,
attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms
accompanying or affixed to a product, whether written or electronic) or by incorporating such terms
onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for
payment. The Customer's acceptance of product or processing of documentation on forms furnished
Page 24 of 26
by the Contractor for approval or payment shall not constitute acceptance of the proposed
modification to terms and conditions.
42. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement
of the Contractor, other entities may be permitted to make purchases at the terms and conditions
contained herein. Non - Customer purchases are independent of the agreement between Customer
and Contractor, and Customer shall not be a party to any transaction between the Contractor and
any other purchaser.
State agencies wishing to make purchases from this agreement are required to follow the provisions
of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine
that the requestor's use of the contract is cost - effective and in the best interest of the State.
43. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this
Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce
those rights, nor shall any single or partial exercise of any such right preclude any other or further
exercise thereof or the exercise of any other right.
44. Annual Appropriations. The State's performance and obligation to pay under this contract are
contingent upon an annual appropriation by the Legislature.
45. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall
be an original and all of which shall constitute but one and the same instrument.
46. Severability. If a court deems any provision of the Contract void or unenforceable, that provision
shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable
and all other provisions shall remain in full force and effect.
Page 25 of 26
STATE OF FLORIDA PRICING
Page 26 of 26
STATE OF FLORIDA
ACS# 973 - 501 -12 -ACS
EXHIBIT C - SCHEDULE OF PRICES
Rates are effective for February 1, 2017 to January 31, 2018 except where indicated.
RESEARCH AND ADVISORY SERVICES
ANNUAL FEE
SECTION 1: PRIMARY RESEARCH SERVICES
Table 1. Gartner for Executive Programs Leadership Team 1
Team Leader
75,922
Delegate or Delegate Leader
40,190
Partner or Partner Leader
59,409
Advisor or Advisor Leader
29,632
Cross Function
20,669
Role
14,419
Essentials - Limited Availability 3
8,023
Table 2. Gartner for Executive Programs Individual Solution
Member single -user
83,845
Member multi -user
74,371
Member Basic single -user
57,172
Member Basic multi -user
51,142
Two Onsite Meetings Add -on - Limited Availability s
15,010
Table 3. Gartner for IT Executives: CIO Signature
IT Executives CIO Signature single member
94,573
IT Executives CIO Signature multi- member
94,573
Table 4. Gartner for IT Executives: CIO
IT Executives CIO single member
85,523
IT Executives CIO multi- member
75,922
Table S. Gartner for IT Executives: CIO Essentials
IT Executive CIO Essentials single- member
57,172
IT Executive CIO Essentials multi- member
51,142
Table 6. Gartner Add -ons
CIO Signature Delegate Add -on- Limited Availability s
40,190
Two Onsite Meetings Add -on - Limited Availability s
15,010
CIO Academy Classic North America for IT Executives Programs Member
TED
CIO Academy Classic North America
TED
Table 7. Gartner for Enterprise IT Leadership Team z
Gartner for Enterprise Supply Chain Leadership Team Z -Limited Availability 3
Team Leader
53,111
Advisor
26,887
Cross Function
15,894
Role (Enterprise IT Leaders Only)
9,831
Essentials
8,023
FA000118 version: 2017 -02 -27
STATE OF FLORIDA
ACS# 973 - 501 -12 -ACS
EXHIBIT C - SCHEDULE OF PRICES
Rates are effective for February 1, 2017 to January 31, 2018 except where indicated.
RESEARCH AND ADVISORY SERVICES
ANNUAL FEE
Table 8. Gartner for Enterprise IT Leaders
Gartner for Enterprise Supply Chain Leaders - Limited Availability s
Single- member
63,921
Multi- member
53,111
Two Onsite Meetings Add -on - Limited Availability s
15,010
Table 9. Gartner for IT Leadership Team Z
Gartner for Supply Chain Leaders Leadership Team 2 - Limited Availability s
Team Leader
26,887
Advisor
26,887
Cross Function
15,894
Role (IT Leaders Only)
9,831
Essentials
8,023
Table 10. Gartner for IT Leaders
Gartner for Supply Chain Leaders - Limited Availability s
Advisor single - member
35,570
Advisor multi - member
26,887
Reference single- member
23,915
Reference multi- member
15,233
Table 11. Gartner for Technical Professionals 4
Department Advisor
104,183
Department Reference
70,180
Table 12. Gartner Technology Planner for Technical Professionals
Technology Planner
104,183
Technology Planner Essentials - 3 modules (price per module, must purchase 3)
29,238
Technology Planner Essentials - 2 modules (price per module, must purchase 2)
33,562
Technology Planner Essentials - 1 module (price per module)
41,279
Table 13. Core Connect Research
Gartner Core Connect Advisor single - member
32,639
Gartner Core Connect Advisor multi- member
23,918
Gartner Core Connect Reference single- member
20,937
Gartner Core Connect Reference multi- member
12,180
Table 14. Core Research - RENEWAL ONLY'
Core Research Advisor 1 seat
22,074
Core Research Advisor 2 -9 seats
22,074
Core Research Reference 1 seat
13,106
Core Research Inquiry Access 5 Instances
7,755
FA000118 version: 2017 -02 -27
STATE OF FLORIDA
ACS# 973 - 501 -12 -ACS
EXHIBIT C - SCHEDULE OF PRICES
Rates are effective for February 1, 2017 to January 31, 2018 except where indicated.
RESEARCH AND ADVISORY SERVICES
ANNUAL FEE
SECTION 2: OTHER RESEARCH SERVICES
Executive Programs Individual Solutions with Industry
Member single -user
93,052
Member multi -user
83,586
Member Basic single -user
66,365
Member Basic multi -user
60,222
Executive Programs Leadership Team with Industry 1 - single industry
Team Leader
85,298
Delegate or Delegate Leader
48,742
Partner or Partner Leader
71,602
Advisor or Advisor Leader
38,570
Cross Function
24,975
Role
17,624
Essentials - Limited Availability 3
8,258
Enterprise IT Leadership Team with Industry Z - single industry
Team Leader
63,747
Advisor
34,945
Cross Function
21,350
Role
12,287
Essentials
8,258
Gartner for Marketing Leaders Team Z -Limited Availability s
Team Leader
35,449
Advisor
35,449
Reference
12,488
Industry Advisory Services Team Z
Team Leader
34,945
Advisor
34,945
Cross Function
21,350
Role
12,287
Essentials
8,258
Industry Advisory Services
Advisor single member
43,606
Advisor multi member
34,945
Advisor Add -on to IT Executives or Enterprise IT Leaders
10,272
Reference single- member
29,406
Reference multi- member
20,746
FA000118 version: 2017 -02 -27
STATE OF FLORIDA
ACS# 973 - 501 -12 -ACS
EXHIBIT C - SCHEDULE OF PRICES
Rates are effective for February 1, 2017 to January 31, 2018 except where indicated.
RESEARCH AND ADVISORY SERVICES
ANNUAL FEE
Gartner for Technical Professionals Advisor Team 4 - Limited Availability s
51,964
Gartner for Technical Professionals SMB 4,5 - Limited Availability s
Technical Professionals SMB Advisor
55,187
Technical Professionals SMB Reference
36,758
Gartner Technology Planner SMB 5
Technology Planner SMB
55,187
Technology Planner SMB Essentials - 3 modules (price per module, must purchase 3)
15,610
Technology Planner SMB Essentials - 2 modules (price per module, must purchase 2)
17,926
Technology Planner SMB Essentials - 1 module (price per module)
21,954
Gartner for IT Associates 4
100 documents - Limited Availability s
22,055
IT News and Insights - per seat
605
Strategic Advisory Services
Client - Remote Advisory Engagement
7,352
Client - Internal Use of Analyst Time
14,804
Non - Client - Speaking Engagement
31,521
Events 6 (price per ticket) - 2017 ticket pricing expires December 31, 2017
2017 Symposium
4,230
2017 Summit (BI, Data Center, or Security)
2,921
2017 Summit (excludes BI, Data Center, Security)
2,443
2018 Symposium
TED
2018 Summit (BI, Data Center, or Security)
TED
2018 Summit (excludes BI, Data Center, Security)
TED
SECTION 3. RESEARCH SERVICES FOR NON - PROFIT HIGHER EDUCATION UNIVERSITY OR COLLEGE ONLY 8
Core IT Research Reference for Higher Education
Core Reference for designated campus with <4,999 Student FTE
23,163
Core Reference for designated campus with 5,000 -9,999 Student FTE
46,325
Core Reference for designated campus with 10,000- 24,999 Student FTE
69,487
Core Reference for designated campus with 25,000+ Student FTE
92,649
Core Reference for designated community college campus
23,163
Technical Professionals for Higher Education
Technical Professional Advisor for designated campus IT Staff only
55,187
Technical Professional Reference for designated campus IT Staff only
36,758
FA000118 version: 2017 -02 -27
STATE OF FLORIDA
ACS# 973 - 501 -12 -ACS
EXHIBIT C - SCHEDULE OF PRICES
"Single- user" applies to a buying center that has one individual license; "Multi- user" applies to a buying center that has at
least two qualifying licenses within the same agency or municipality. To qualify for multi -user price levels, services must be
ordered on the same Service Agreement or Purchase Order and reflect a common `Bill To" address. Strategic Advisory
Services, Events, and Add -on services do not contribute towards multi -user pricing qualification.
1 Each Executive Programs Leadership Team must consist of one Leader and three (3) to ten (10) Team Members. A
maximum of one Leader per Team. A Team with one Leader and less than three (3) Team Members is permissible so long
as one of the Team Member is a Delegate or Partner. All Team Member licenses must be coterminous with the Leader
license. Executive Programs Leadership Team with Industry pricing is for one industry and all licenses in an Executive
Programs Leadership Team with Industry must purchase access to the same industry. Executive Programs Leadership
Team Essentials is limited to select markets and may only consist of 1 Team Leader and up to 10 Team Essentials Members
per Team (other Team Member types not permitted); contact your Account Executive for availability in your area.
z Each Team must consist of one Leader and three (3) to ten (10) Team Members. A maximum of one Leader per Team. All
Team Member licenses must be coterminous with the Leader license. Pricing for Team solutions with Industry Advisory
Services is for one industry and all licenses in the Team must purchase access to the same industry.
3 Limited availability and /or eligibility requirements apply. Please check with your Gartner Sales representative before
ordering.
4 Purchasing prerequisite and /or eligibility requirements applies. Check with Sales representatives before purchasing.
5 Gartner for Technical Professionals SMB, Gartner Technology Planner SMB, and Gartner Technology Planner Essentials
SMB are available only to eligible small and medium size agencies with 4,000 or less employees. Please check with Sales
representatives before purchasing.
6 Ticket prices apply to orders received by December 31th of the Event year indicated. For example, 2017 Symposium
ticket price applies to orders received on or before December 31, 2017. 2018 ticket prices have not be released; please
check with account representatives for pricing at the time of purchase for 2018 ticket pricing.
Renewal only Core Research * services are available to eligible license holders who purchased the service listed on or
before February 1, 2007 and continuously purchase the service thereafter. Please check with Sales Representative for
availability and eligibility before ordering.
* Aggregate Core Reference and Advisor Seats at the Agency /Bureau /Operating Unit level only — on a single Purchase
Order — to determine price per seat. Renewal of existing Core Research licenses are permitted at the same seat quantity
price level purchased as of January 31, 2007 or at a lower quantity price level should the number of licenses purchased is
reduced. Additional licenses are priced at the same price level as existing seats and do not qualify to raise the price level to
a new or higher seat quantity.
8 Higher Education products are only available to eligible not - for - profit Higher Education colleges or universities. License is
for one designated student campus and must meet purchasing prerequisites. Check with Sales representatives before
purchasing.
Gartner reserves the right to refresh its pricing and product offerings on an annual basis consistent with the prices listed
in the Gartner GSA Group 70 IT schedule price list. The refreshed Pricing and Product offering will be provided in
January of each new calendar year and applicable to any renewal of existing services or initiation of new services.
FA000118 version: 2017 -02 -27
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AMENDMENT 1
CONTRACT RENEWAL
TO
Alternate Contract Source No.: 973- 501 -12 -ACS
IT Research & Advisory Services
This Amendment, effective as of the last date signed below, is by and between the State of Florida,
Department of Management Services (Department), Division of State Purchasing (Division), an agency
of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399 -0950, and
Gartner, Inc.(Contractor), and amends the Alternate Contract Source No. 973 - 501 -12 -ACS (Contract).
Department and Contractor are collectively referred to herein as the "Parties."
The parties hereto agree to amend the contract as follows:
1.0 CONTRACT RENEWAL
The Department hereby executes its renewal option for a one -year period pursuant to the provision of
PUR 1000, section 27. The new contract expiration date shall be April 30, 2015.
2.0 WARRANTY OF AUTHORITY
Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the
respective party.
3.0 REPLACEMENT CONTRACT.
A replacement contract may be established for these services prior to the expiration of this renewed
contract. The replacement contract shall supersede and cause early termination of this renewed
contract number 973 - 501 -12 -ACS.
4.0 CONFLICT
To the extent any of the terms of this Amendment conflict with any other terms of the Contract, the
terms of this Amendment shall control. All other terms of the Contract, or as previously amended,
remain in full force.
Contractor: Gartner, Inc.
Name:
p A . Cummings
Title: B' + Government Contracts
Date: ' "
AMENDMENT 2
CONTRACT RENEWAL 2
TO
Alternate Contract Source No.: 973- 501 -12 -ACS
IT Research & Advisory Services
This Amendment, effective as of the last date signed below, is by and between the State of
Florida, Department of Management Services (Department), Division of State Purchasing
(Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee,
Florida 32399 -0950, and Gartner, Inc.(Contractor), and amends the Alternate Contract Source
No. 973- 501 -12 -ACS (Contract). Department and Contractor are collectively referred to herein
as the "Parties."
The parties hereto agree to amend the contract to add the following provisions:
1.0 CONTRACT RENEWAL
The Department hereby executes its renewal option for a one -year period pursuant to the
provision of PUR 1000, section 27. The new contract expiration date shall be April 30, 2016.
2.0 EMPLOYMENT VERIFICATION (E- VERIFY)
Pursuant to State of Florida Executive Order Number 11 -116, Contractor is required to
utilize the U.S. Department of Homeland Security's E- Verify system to verify eligibility of all
new employees hired by the Contractor to work in the U.S. during the Contract term. Also,
Contractor is to include in related subcontracts a requirement that subcontractors performing
work or providing services pursuant to the Contract utilize the E -Verify system to verify the
eligibility of all new employees hired by the subcontractor to work in the U.S. during the
Contract term.
3.0 SCRUTINIZED COMPANY LIST
Pursuant to subsection 287.135(5), F.S., by signing a contract or renewal of a contract
where the value exceeds $1 million to which this clause is attached, the Respondent or
Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, created psi dartt t6git on 215.473, F.S.
Pursuant to subsection 287.135(3)(b), F.S, Department may immediately terminate any
contract for cause if the Contractor is found to have submitted a false certification under
subsection 287.135(5), F.S., or if Contractor is placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List during the term of the Contract.
4.0 CONTRACTOR — PUBLIC RECORDS
If, under the Contract, the Contractor is providing services and is acting on behalf of the
Department as provided under subsection 119.011(2), Florida Statutes, the Contractor,
subject to the terms of paragraph 287.058(1)(c), Florida Statutes, and any other applicable
legal and equitable remedies, shall:
a) Keep and maintain public records that ordinarily and necessarily would be required by
the Department in order to perform the service.
b) Provide the public with access to public records on the same terms and conditions that
the Department would provide the records and at a cost that does not exceed the cost
provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to the
Department all public records in possession of the Contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically must
be provided to the Department in a format that is compatible with the information technology
systems of the Department. .
5.0 WARRANTY OF AUTHORITY
Each person signing this Agreement warrants that he or she is duly authorized to do so and
to bind the respective party.
6.0 REPLACEMENT T CONTRACT.
A replacement contract may be established for these services prior to the expiration of this
renewed contract. The replacement contract shall supersede and may cause early
termination of this contract, 973- 501 -12 -ACS.
7.0 CONFLICT
To the extent any of the terms of this Amendment conflict with any other terms of the
Contract the terms of this Amendment shall control. All other terms of the Contract, or as
previously amended, remain in full force.
Date' �' �"
R esearch AMENDMENT NO.: 3
IT r' re
Alternate C oVftrd Song 1
07 �
AMENDMENT NO.; 3
Advisory
to the busIness enterprise on behalf of each customer purchasing under
V. RePlacement C ontra cL contract be established •'" these _ or
A the moration of this contracL The replacement contract shaill su'f a and may
termination cause early a
QmfIIcL To the of f conflict
Contract, _ terms of this - + w it
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
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AMENDMENT NO.: 4
Extension
Contract No.: 973 - 501 -12 -ACS
Contract Name: IT Research and Advisory Services
This Amendment ( "Amendment "), effective as of May 1, 2017, to the IT Research and Advisory
Services Contract No. 973 - 501 -12 -ACS ( "Contract "), between the State of Florida, Department
of Management Services ( "Department ") and Gartner Inc. ( "Contractor') are collectively referred
to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to
them in the Contract unless otherwise defined herein.
WHEREAS the Department awarded the above - referenced Contract to Gartner Inc. for the
provisions of IT Research and Advisory Services; and
WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as
provided in section 41 "Modification of Terms" of the Contract; and
WHEREAS the Parties agree to extend the Contract; and
THEREFORE, in consideration of the mutual promises contained below, and other good and
valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties
agree to the following;
I. Contract Extension. The Department hereby executes a six -month extension starting May 1,
2017, and in accordance with section 287.057(13), F.S., and Rule 60A- 1.048, F.A.C. The
Contract's new expiration date shall be on October 31, 2017.
II. Transaction Fees. The State of Florida, through the Department of Management Services,
has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A- 1.031, Florida Administrative Code, or as may otherwise be established
by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees, when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be subject to
audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions
will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion
from business with the State of Florida.
III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the
Contract, the terms of this Amendment shall control.
IV. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly
authorized to do so and to bind the respective party.
IT Research & Advisory Service Page 1 of 2
Contract No.: 973 - 501 -12 -ACS
FLORIDA DEPARTMENT OF MANAGEMENT SERVICES
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We serve [hose who serve Florida
AMENDMENT NO.: 4
Extension
Contract No.: 973 - 501 -12 -ACS
Contract Name: IT Research and Advisory Services
V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in
the Contract shall continue in full force and effect.
State of Florida:
Department of Management Services
By:
Contractor:
Gartner Inc.
Name:.. Rosalyn Ingram
Title: Director and Chief Procurement
Officer
Date:
IT Research & Advisory Service
Contract No.: 973 - 501 -12 -ACS
Name: Phillip A. Cummings
Title: Contracts Counsel
Date: 1 -20 / -
F-
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