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08/31/2016 Agreement E( p 'UN BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Heather Carruthers,District 3 Mayor Pro Tem George Neugent,District 2 The Florida Keys • v ;e~' Danny L.Kolhage,District 2 David Rice,District 4 Sylvia J.Murphy,District 5 Monroe County Board of County Commissioners Office of the County Administrator The Historic Gato Cigar Factory 1100 Simonton Street,Suite 205 Key West,FL 33040 (305)292-4441—Phone (305)292-4544-Fax MEMORANDUM TO: Cheryl Robertson—Executive Assistant FROM: Lindsey Ballard, Aide to County Administrator DATE: September 2, 2016 SUBJECT: Small Contract Here is a copy oftlININIIMPPIPPIsmall contract with a no cost,signed by the County Administrator,for your records. Thank you, Lindsey r� m r r 1:x 'T1 CI) w c� -4 rr1 .1‹ 1 30. Ui ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: y"la>notaeohttolib L.C9Litlact#__�___ Effective Date: AugusV2,2016 Expiration Date: , Angnstfat ZOIL6 Contract Purpose/Description: {l tart Technologies willworitoyqtfh.l4Unroe ems) Ilmatiomired adlog,nG jTo Qep1oy ORernting Systemst,Swan A�plic titains,Anti vnrus,Micttitoftt dgtes•Wg art Rgc tg 413 lvttnosoffi vonebtrs In exchange fon the standees to beprovided.Mere Irmo additional Monetary aosotoMianrde Contract is Original: N/A _ Contract Manager: A7$a aaaaahern ,$99g rmatioa Fed noiogy/26 (Name) (Ext.) (Department/Stop#) CONTRACT COSTS Total Dollar Value of Contract: $ , 000100 1 Current Year Portion:$ o o a,00 (must be less than S50,000) (If multiyear agreement then requires BOCC approval.unless the , total cumulative amount is less than S50.00000► Budgeted?Yes No❑ Account Codes: Grant: $ - - - - County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: _ (Not included in dollar value above) (e.g.maintenance,utilities,,janitorial,salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed ev1e r Department Head o8/x/i6 Yes❑No D[�. //G� 08/l1/lG Risk Management ifvLI'1(7 Yes[]NoJ " 8U'l-k7 O.M.B./Purchasing Bbjg1Cf. Yes❑No[' C.1���7'' $J3 allp County Attorney 8p1ii1(Q Yes❑No® f(1tat.isiL .3aieL'k4-[50p.i) PiJaceji& Comments: 1 IDANET technologies 4� t • . r , yi , --:-::' ,J Ili 1 I ' k tt ft‘ 1 i. , a: System Center Configuration Manager Prepared for: Monroe County, FL 0?4-r--- 1 e._/1.:.. ..gip. 1 Colin Ploscaru Planet Technologies,Inc. Infpastructure Practice Manager cploscaruc qo-planet.com 20400 Observation Drive,Suite 107 Germantown, MD 20876 Karin Wahlmann Phone:301-721-0100 Technical Account Manager Fax: 301-721-0189 Kwahlmann@go-planet.com www.go-planet.com Contents PLANET TECHNOLOGIES:INTRODUCTION 2 Planet Technologies' Background 2 Technology Expertise 2 NSI Partner 3 Microsoft Awards 3 PROJECT INTRODUCTION AND PURPOSE 4 SYSTEM CENTER CONFIGURATION MANAGER 1602 4 PHASE I:SYSTEM CENTER CONFIGURATION MANAGER 1602 VERIFICATION 4 Success Criteria S Out of Scope Items 5 PHASE II:KNOWLEDGE TRANSFER AND DOCUMENTATION 6 System Center Configuration Manager Knowledge Transfer 6 Roles 6 PRICING: PLANET SERVICES 7 Prerequisites 7 Roles 8 ASSUMPTIONS 8 TERMS AND CONDITIONS 10 SCCM Prepared by Colin Ploscaru Gotoc °Mi ''"s°''logo s 2016 ! je? iEJes Page 1 of 17 Planet Technologies: Introduction Planet Technologies' Background Planet Technologies, a corporation based in Maryland, is an international professional consulting firm that is 100%-focused on Microsoft technologies. We are over 170 employees with the philosophies of hiring the best in the industry—with over a 94°0 retention rate; living up to our commitments, and delighting our customers to make life-long relationships. The division of Planet working with you focuses on State and Local Governments, and Education. We understand the needs of local government, including deep experience with regulatory requirements and citizen services that Microsoft's Microsoft Azure and Enterprise Mobility(EMS) Suite of products can provide. Planet developed the 311 Accelerator for Cities and Counties on Microsoft's CRM Online platform: httn://www.planetxrm.com/microsoft-311- service-center-accelerator-for-dynamics-crm-developed-bv-planet-technologies/. Our delivery approach is to work"over the shoulder"with your engineers, understanding that your team has to manage the platform after the engagement, and mentoring is critical. We also understand that you have to run your existing business during this project, and we have staffed your engagement to do the work and provide specific documentation for your environment that augments the existing Microsoft product information. You can expect regular status reports and status meetings, professional documentation, and for us to share our customers' and the industry's experiences with your technology. Technology Expertise Planet has experience architecting and deployment experience in Microsoft solutions to customers ranging in size from 100 users to over one million users.We are experts in the areas of design, deployment,development and migrations of: Active Directory Exchange Server and Exchange Online System Center Family SharePoint Development SharePoint Online Live@EDU and Microsoft Azure Skype for Business Hyper-V Remote Desktop Services SQL Server Deployment Automation Windows Server and Desktop Operating Systems Microsoft CRM Microsoft Forefront Identity Manager Brainstorm Training via Microsoft Azure Windows-based Hosting/Hosted Messaging 0365support.com Managed Microsoft and Collaboration Azure SCCM Prepared by Colin Ploscaru L/ NETJC 1°t° Netwarking infrastructure Solutions 8/5/2016 %mar Sok/dons technologies Page 2 of 17 NS1 Partner One of 30 U.S.based Microsoft Partners to be managed as a member of the National Systems Integrator Program(NSI).This program recognizes Planet's superior service delivery as well as our close relationship to Microsoft. The Microsoft NSI designation was established for elite Microsoft partners to elevate their marketing and delivery strategies across multiple geographic and product segments. Microsoft NSI partners receive greater alignment and engagement of Microsoft field resources, collaborative marketing efforts,deeper product team engagement and executive sponsorship. Microsoft Awards Microsoft Awards and Recognition for Excellence Five time Microsoft State and Local Government Partner of the Year(2009,2011,2012, 2014,2015) Windows Client Partner of the Year Award in the deployment of Windows 7—2012 Microsoft Dynamics Inner Circle and President's Club 2011 Six Time Microsoft Federal Partner of the Year(2007-2012) Microsoft Public Sector Partner of the Year Award 2006 Microsoft Public Sector Windows Partner of the Year 2014&2015! Microsoft Public Sector Microsoft Azure Partner of the Year 2014&2015! l Planet Vice President Steve Winter accepts the 2014 Microsoft Azure Partner of the Year award from Microsoft(left)and the USA"�_� 2015 Cloud Partner of the Year(below) Year &L � �E►, ,. , PLANE- TECN!vp1 ! # Mirimi f ° v v.,. 1 e SCCM Prepared by Colin Ploscaru k03[ANET miciosolt coin s•cur O'd"*Solution; "' "" 8/5/2016 technologies Ruiner Infoemigien ` " ` Page 3 of 17 Project Introduction and Purpose Monroe County has requested that Planet Technologies assist them in conducting the following tasks: 1. A review of their SCCM deployment along with hands-on training and knowledge transfer relating to the operation and deployment tasks needed to Utilize SCCM to its full potential. This document outlines the phases,tasks,and approximate timelines involved to accomplish these goals. Throughout this document you will see phases that align with the project plan developed in Phase I,which in turn reflect the business and technical goals discussed in previous meetings between Monroe County and Planet. System Center Configuration Manager 1602 Microsoft System Center 2012 Configuration Manager provides a comprehensive solution for change and configuration management for the Microsoft platform.Configuration Manager 1602 lets you perform tasks such as the following: • Deploy operating systems,software applications,and software updates. • Monitor and remediate computers for compliance settings. • Monitor hardware and software inventory. • Remotely administer computers. System Center Configuration Manager 1602 collects information in a Microsoft SQL Server database, which allows you to run queries and produce reports to consolidate information throughout the organization.You can use Configuration Manager to manage a wide range of Microsoft operating systems, including client platforms,server platforms,and mobile devices. Phase I: System Center Configuration Manager 1602 verification Deliverable:verify the deployment and configuration of System Center Configuration Manager 1602 Planet and the Monroe County staff will design and deploy a Configuration Manager 1602 server structure to deploy Operating Systems,Software Applications,Antivirus, Microsoft Updates and end to end client management. The deployment process includes configuration of a Primary Site Server for the Monroe County workstations and Servers, Distribution Points/Groups, Boundaries and Boundary Groups, PXE Service Points,boot images for x86 and x64 infrastructures. Upon completion of this phase the Monroe County will be able to deploy a Windows Operating System using the SCCM OSD features, deploy applications and packages and deploy Microsoft Software Updates. SCCM Snotty Settetiees Prepared by Colin Ploscaru 4111ANET GOt°ivi I """_ 'klugin g 8/5/2016 technologies Partnrr We sdutbre Solution Page 4 of 17 Success Criteria Planet will review and verify the following: • Installation and Configuration of the Configuration Manager Database and integration of SCCM Reports within SQL Reporting Services on a SQL 2014 Instance. • Installation and configuration of SCCM Primary Site Server for Workstations and Servers. • Creation of Boundaries and Boundary Groups utilizing IP Subnets • Configuration of Remote Distribution Points and the PXE Service Point. • Create the SCCM Reporting Point. • Configure System Center EndPoint protection. • Configure SCCM 1602 to automatically deploy/upgrade the System Center 1602 Endpoint Protection Client. • Configure the EndPoint Protection Exclusions, Real-Time Scan and Virus detection alerts. • Configure Global Client Settings. • Create Collection Specific Client Agent Policies and deploy them to the targeted collections. • SCCM 1602 client distribution/upgrade to all Windows Systems required to be managed. • Capture a Windows 10 x86 and/or x64 WIM. • Create OSD Task Sequences for deployment. • Configure SCCM 1602 Software Update Distribution to deploy all critical,security and definitions. SCCM Automatic Update deployments will also be configured to automatically deploy Monthly Windows Updates. • Configure SCCM 1602 Role Based Security as required by the Monroe County Out of Scope Items • Customized report creation is considered out of Scope for this project. If customized SQL reports are required a dedicated project should be created. • Creation of customized MST's is considered out of scope. • Third-Party Software Update Distribution that is not part of the default SCUP Catalog is considered out of scope. SCCM Prepared by Colin Ploscaru (1[A(�Il VET c.tlioe Soo"Solutions AQfJ'v' sok+Narn 8/5/2016 technologies Page 5 of 17 Phase II: Knowledge Transfer and Documentation Estimated duration • SCCM 1602 Design and Functional Spec(As-Built)documentation, • System Center Architecture Diagram • SCCM 1602 Knowledge Transfer Finally, Planet Technologies will provide a knowledge transfer to the Monroe County staff covering but not limited to the following areas: System Center Configuration Manager Knowledge Transfer • SCCM 1602 server placement • SCCM 1602 Client Distribution • Creation of OSD Task Sequences • Creation of Software Distribution Packages • Software Update Distribution • System Center EndPoint Protection client and policy distribution • SCCM 1602 Reporting including Running and scheduling reports • System Center Configuration Manager Documentation • Installation documentation including Best Practice, High Availability and Disaster Recovery • Functional Spec documentation including Application and Package Creation,Client Agent Policy configuration, EndPoint Protection,SCCM OSD and Software Update Distribution • SCCM Design Diagram Roles Due to the timeframes set forth, Planet recommends a team of 1-3 individuals to lead the project. Some resources are capable of performing more than one role.The proposed team will be made up of: Planet/ Microsoft Senior Consultant: This individual will be a Subject Matter Expert(SME)on Email and Microsoft Technology and provide guidance and direction to the team based on lessons learned during other customer deployments. The Planet Senior Consultant will participate in a full-time capacity and lead the plan and milestones. Planet Project/Engagement Manager: A project manager will be made available part-time to provide leadership,direction,and management of this process. This will allow for all parties to have a single point of contact who can aggregate all information and maintain schedule. SCCM Prepared by Colin Ploscaru JANETc Gowumcrow,,,, tnfroosocturo Scissions Nots.arr+.U astruc uns solutions 8/5/2016 t e c h n o l o g i e s Partner Mlaer otion Wester Solutions Page 6 of 17 PRICING: Planet services Services Per hour Cost Hours Extended Cost Senior SCCM Engineer $185 40 $7,400.00 Project Management $125 8 $1,000.00 Total Labor Estimate $8,500.00 Estimated available vouchers $9,000.00 Estimated Total PO required $0.00 Notes: 1. Prices above assume that the project will represent remote work,working in conjunction with Monroe County Staff. 2. For scheduling purposes,the prices above assume a linear effort,spanning over the course of linear calendar weeks-unforeseen delays due to lack of availability on the customer side may result in additional hours. 3. This is a Times and Materials estimate. 4. Some of these tasks could be performed by the MONROE COUNTY staff to reduce the hours needed to complete the project. Appendix A: Resource Considerations The following information is provided as an example to provide an understanding of the resources needed to conduct this project.This specific offering may need to be modified or may be added to in order to meet the needs of Monroe County. Prerequisites The Customer will be required to take the following responsibilities: • Arrange for suitable personnel to be available to furnish the necessary information. • Appoint an individual to act as a single interface to Planet. • Provide timely responses for information. • Provide access to facilities as required. • A working environment with necessary phone and network connections. SCCM Agesivea Saw*?Solutions Prepared byColin Ploscaru I coaDtnmrica Advanced"*"°'•tuteSo aken 8 5p2016 at.ANET Pa H ,, bons technologies Page 7 of 17 L_ Roles Due to the timeframes set forth, Planet recommends a team of 1-3 individuals to lead the project. Some resources are capable of performing more than one role.The proposed team will be made up of: Planet/Microsoft Senior Consultant: This individual will be a Subject Matter Expert(SME)on Email and Microsoft Technology and provide guidance and direction to the team based on lessons learned during other customer deployments. The Planet Senior Consultant will participate in a full-time capacity and lead the plan and milestones. Planet Project/Engagement Manager: A project manager will be made available part-time to provide leadership,direction,and management of this process. This will allow for all parties to have a single point of contact who can aggregate all information and maintain schedule. Assumptions • Planet assumes that the customer's and Microsoft's server and network infrastructure will support the data migration in the timeline outlined in this SOW. Delays caused by data throughput will require a scope and/or funding change • The Customer must arrange for suitable personnel to be available on site or through other communication channels to furnish necessary information as requested and in a timely manner. • The Customer must appoint, in writing,a corporate Project Manager or designee with authority to make binding decisions on behalf of the Customer.The Project Manager or designee will be responsible for all communications and approval of changes to the scope of work on behalf of the Customer as well as responsible for coordinating activities with any third party service providers retained by the Customer. • Unless otherwise specified herein, Planet Technologies, Inc.shall perform services during normal business hours Monday through Friday 8am until 5pm. • Where applicable, Planet Technologies,Inc.agrees to provide services during the Period of Performance, if specified,in this agreement. Additional labor outside of the Period of Performance and occasioned by delays from the Customer or matters outside of the control of Planet Technologies, Inc.may require a Change Order. • The Customer must provide timely responses to requests for information and is responsible for same from third party vendors retained by the Customer.Timely is to be determined in the context of the engagement and Planet will notify Client designee when it deems responses are not timely. • The Customer must provide access to facilities as required in the Proposal but at a minimum a working environment with phone and network connections for each resource dedicated to this project,and a secure area must be provided for the purpose of storing tools,software and hardware as required by the project and as appropriate. • The Customer must acquire all necessary hardware and software as set forth in the Proposal unless specifically designated otherwise. Planet will assist in defining the requirements. • The Customer agrees that Project scope is specifically limited to the scope outlined in this document. SCCM ��..�. Secaisky Prepared by Colin Ploscaru LL\INET GOtDC A°"i"k'd lution'i`°wSa1ulf"` Networl ne M..stn,cture Sekrtlax 8/5/2016 technologies partner U Wr oclaw cl w SaMrtions Page 8 of 17 • The Customer agrees that changes to the scope of the project outlined in this proposal will require a Change Order,said change order process to be,at a minimum,in writing and executed and agreed to by both parties. • Planet Technologies, Inc.is not responsible for software issues that may arise due to hardware incompatibility.Planet Technologies,Inc.always recommends utilizing components from Tier 1 manufacturers. • The Customer will provide a Customer Resource contact list to the Planet Project manager in advance of the project start date. • The Customer must delegate all required administrative rights to Planet Technologies,Inc. personnel for the duration of the project. • The Customer acknowledges that Planet Technologies, Inc.is not responsible for the functionality or performance of any third party software. • The Customer acknowledges that this proposal is based on information provided by Customer and any third parties chosen by Customer. Inaccuracy or deviation from the information provided may require a change order.Any additional remediation that arises after initial discovery or project initiation may necessitate a change order. • The Customer will provide remote access to the on-premises infrastructure if requested by Planet Technologies, Inc. • The Customer must have access to its public DNS records and the ability to create and modify all appropriate DNS records. • The Customer acknowledges that Planet Technologies, Inc.is not responsible for the successful backup or restoration of existing file systems. • The Customer acknowledges that Planet Technologies, Inc.is not responsible for software issues that arise from limitations or"bugs" of COTS (Commercial Off-The-Shelf)software. • The Customer acknowledges that Planet Technologies, Inc.and its agents will not be responsible for the integrity,security or performance of any software or hardware provided by the client or a third party. • The Customer agrees that any Customer network changes made will be immediately reported to Planet Technologies,Inc.'s Project Manager or designee. SCCM Prepared by Colin Ploscaru GLANET USWc Solution 8/5/2016 Partner w Solutions technologies Page9of17 TERMS AND CONDITIONS These Professional Services Terms and Conditions,in conjunction with the Operational Assumptions in this SOW,form an SOW Agreement(SOW,Agreement or SOW Agreement)between Planet Technologies,Inc.(Planet or Planet Technologies, Inc.)and the end-user identified on the SOW ("Customer"). Unless otherwise agreed by the parties in writing,these terms apply to the professional services performed by Planet Technologies,Inc. 1. Professional Services 1.1 The Customer hereby agrees to accept the Services at the agreed location,on the date or dates mutually agreed between the parties as detailed in writing in this SOW pursuant to these terms and conditions. 1.2 The Services shall be provided in accordance with the terms of this SOW,including any time schedule,milestones,and plans set forth herein. 1.3 Unless the Parties agree to different reporting procedures, Planet shall provide Customer with periodic progress reports developed by the Parties describing the status of Planet's performance under this SOW for a specific period and the progress expected to be made in the next succeeding period. 2. Payment and Invoices 2.1 The parties agree that if Microsoft Funding or Microsoft Planning EA Vouchers are not being used,that invoices will be submitted by Planet to Customer. Payments will be made in accordance with the Local Government Prompt Payment Act F.S. 218.70 2.2 The accepted method of payment by Customer for all invoices shall be by check,or ACH. 2.3 Planet shall invoice Customer in accordance with the schedule set forth in this SOW,or if no schedule is set forth therein,on a monthly basis within thirty(30)days after the end of the month. 2.4 Customer shall pay Contractor all amounts on a proper invoice that are not the subject of a bona fide dispute within thirty(30)days after receipt of an invoice that complies in all material respects with the agreed upon requirements as to form and levels of detail. 2.5 Planet may invoice Customer for reasonable out-of-pocket expenses necessarily and actually incurred in the performance of the Services provided that Planet has previously provided a reasonable estimate of the out-of-pocket expenses and Customer has approved Planet's estimate of expenses. 3. Reporting Planet shall provide Customer with monthly and quarterly invoicing reports summarizing all invoice activity for the period in question. SCCM Prepared by Colin Ploscaru 41ANETDt MIMEDPHitimetAng 8/5/2016 technologies Partner Irdamarton wart..soles Page 10 of 17 4. Confidentiality Subject to Chapter 119 Florida Statutes,Customer and Planet Technologies Inc. recognize that each may,from time to time,in connection with the performance of this Agreement,disclose confidential information to the other party. "Confidential Information"means any and all information provided under this Agreement by one party(the"Discloser")to the other party(the"Recipient")that,by its nature, Recipient could reasonably assume is confidential or proprietary information. As per Florida State 288.07 Proprietary means. Proprietary confidential business information"means information that is owned or controlled by the corporation, partnership, or person requesting confidentiality under this section;that is intended to be and is treated by the corporation, partnership,or person as private in that the disclosure of the information would cause harm to the business operations of the corporation,partnership,or person; that has not been disclosed unless disclosed pursuant to a statutory provision,an order of a court or administrative body,or a private agreement providing that the information may be released to the public;and that is information concerning: 1. Business plans. 2. Internal auditing controls and reports of internal auditors. 3. Reports of external auditors for privately held companies. (c) "Trade secret" has the same meaning as in s.688.002." Recipient agrees to not disclose,distribute, reproduce,or use Discloser's Confidential Proprietary Confidential Business Information other than in the course of its duties under this Agreement. Recipient agrees to protect Discloser's Confidential Information by use of at least the same degree of care(but no less than a reasonable degree of care) it uses to protect its own proprietary confidential business information of similar character. Recipient may disclose Discloser's Proprietary confidential business Information only to those individuals or parties who have a "need to know", provided that such individuals or parties are under binding obligations of confidentiality substantially similar to those set forth in this Agreement. The provisions contained under this Section shall survive any termination or expiration of this Agreement or any Statement of Work. 5. Source Code The Customer will receive ownership of all source-code developed by Planet for Customer throughout the duration of this project unless said code was previously developed by Planet and is being implemented to hasten the development cycle or;alternatively,unless Customer breaches this contract as set forth in the Agreement. All available source code for items such as plugins,JavaScript and web resources will be presented to Customer upon project completion and full payment of all outstanding invoices.Source code delivered by Planet and utilized in whole or in part by customer is deemed to be accepted by customer. 6. Indemnification SCCM Prepared by Colin Ploscaru IANETSolutions �c ' "�'s°`'"°n` 8/5/2016 rean,are sew technologies Pan InkrmodanWMb,fdmfon' Page 11 of 17 Subject to Florida Statute 768.28,the Parties agree to indemnify,defend,and hold each other and their successors,officers,directors,affiliates and employees harmless from any and all actions,causes of action,claims,demands,costs, liabilities,expenses and damages(including attorneys'fees)arising out of,or in connection with any claim that,if true,would constitute a breach of their respective obligations under this Agreement. 6.1 Insurance Requirements At all times while Planet is performing Work under this Agreement,Planet will maintain insurance,at a level and with coverages as set forth in General Liability,Vehicle Liability and Workers Compensation Insurance Requirements attached hereto. 7. Independent Contractor 7.1 Planet is an independent contractor and nothing in this Agreement will be construed as creating an employer-employee relationship,a partnership or a joint venture between the parties. 8. Term and Termination 8.1 This Agreement shall commence on its Effective Date and shall remain in effect for the Period of Performance set forth herein unless earlier terminated in accordance with this Article 9 or extended by mutual written agreement of the parties. 8.2 Either party may immediately terminate this Agreement if(i)the other party fails to perform its material obligations under this Agreement and such failure is not corrected within fifteen (15) business days after receipt of written notice,specifying in detail the nature of the breach,from the non- breaching party,or(ii)either party is appointed a trustee for the benefit of creditors, becomes insolvent, bankrupt or initiates a voluntary dissolution. Either party may terminate this Agreement upon thirty(30) days advance written notice. 8.3 If the Agreement is terminated under this Article 9(Term and Termination)both parties will use commercially reasonable efforts to mitigate fees and expenses and Planet shall promptly deliver copies of all complete and incomplete deliverables subject to the provisions of Article 5 to the Prime.Planet shall be paid (a)at the applicable rate(s)for Services provided on a T&M basis through the date of termination and(b)on a percent of completion basis for Services provided on a fixed price basis. Termination of this Agreement shall not limit either party from pursuing any other remedies available to it, including injunctive relief, nor shall termination relieve Customer of its obligation to pay all charges that accrued prior to such termination. 9. Miscellaneous 9.1 Applicable Law/Attorney Fees.This agreement will be governed by the laws of the State of Florida.If either party employs attorneys to enforce any rights arising out of or relating to this SCCM Prepared by Colin Ploscaru GIANET mic, N.Malirw Ink«w«v.sewlior* 8/5/2016 t e c h n o l o g f e 3 Panne* trrlorm+tion Wetter Solutions Page 12 of 17 Agreement,the prevailing party will be entitled to recover its reasonable attorneys'fees,costs and other expenses. 9.2 Entire Agreement.This Statement of Work Agreement constitutes the entire agreement between Planet and Customer.This Agreement will not be modified except by later written agreement signed by both parties. 9.3 Severability/Waiver. If any Provision of this Agreement will be held by a court of competent jurisdiction to be illegal,invalid or unenforceable,the remaining provisions will remain in full force and effect. No waiver of any breach of any provision of this Agreement will constitute a waiver of any other breach of the same or any other provision hereof,and no waiver will be effective unless made in writing and signed by an authorized representative of the waiving party. 9.4 Critical Technical Issues.Subsequent to production launch, Planet will provide to Customer,at no additional charge,the services necessary to correct verifiable P1 bugs for a period of sixty(60) days. P1 bugs are defined as Critical Technical Issues consisting of a total loss of core functionality in the licensed software or inoperability of the Software in production (i.e.a down system)that severely affect the Customer's business operations. All reported bugs must be verified and reproducible in the CLIENT product testing lab prior to referral to provider. The warranty period shall begin when the product is generally available to customers. 9.5 Warranties and Representations Each party warrants that it has the right and power to enter into this Agreement and an authorized representative has executed this Agreement.Planet warrants that the Services will be performed in a professional and workmanlike manner in accordance with recognized industry standards.Planet EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES,WHETHER EXPRESS, IMPLIED, OR STATUTORY(BY ANY TERRITORY OR JURISDICTION)TO THE EXTENT PERMITTED BY LAW,AND FURTHER PLANET EXPRESSLY EXCLUDES ANY WARRANTY OF NON-INFRINGEMENT,TITLE, FITNESS FOR A PARTICULAR PURPOSE,OR MERCHANTABILITY TO THE EXTENT PERMITTED BY LAW. 9.6 Force Majeure Neither party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God,or any government or any governmental body,acts of the common enemy,the elements,strikes or labor disputes,or other similar or dissimilar cause beyond the control of such party. 9.6 Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. SCCM Prepared by Colin Ploscaru (11.ANET Afecrasoft- Security Solution �otoc�anr d ca Ad '"r""" " a0 1° �O'" A' Networking B/5/2016mom °"W041Pe se►n�s technologies Page 13 of 17 Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding.This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request,and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. SCCM Prepared by Colin Ploscaru GLANET N4 MIMED Advanced lovirsanacture Soludant Sedation' i 8/5/2016 Partner triam.t on Wolof Solutions technologies Page 14 of 17 The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.7 MAINTENANCE OF RECORDS:CONSULTANT shall maintain all books, records,and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement,the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec.55.03, FS, running from the date the monies were paid to CONSULTANT. 9.8 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONSULTANT in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 9.9 ASSIGNMENT/SUBCONTRACT CONSULTANT shall not assign or subcontract its obligations under this agreement to others,except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONSULTANT,which approval shall be subject to such conditions and provisions as the Board may deem necessary.This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein,such approval shall in no manner or event be deemed to impose any additional obligation upon the board. SCCM Prepared by Colin Ploscaru 1ANET °OLoc Se ° �°'�°~ M asaYne w.aaruw,r.s.►,tlen. 8/5/2016 t e c h n o l o g i e s Aanner rdanw ka senWarSoWars Page 15 of 17 9.10 COMPLIANCE WITHJ.W AND110ENSE IJQUIREMMENTS In providing all services/goods pursuant to this agreement,CONSULTANT shall abide by all statutes, ordinances,rules and regulations pertaining to,or regulating the provisions of,such services,including those now in effect and hereinafter adopted. Any violation of said statutes,ordinances,rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONSULTANT shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement,The CONSULTANT shall be registered with the Florida Secretary of State as a sole proprietor and submit a W-9 to the COUNTY. IN WITNESS WHEREOF,the parties have agreed to the terms and conditions of this Agreement as of the Effective Date Indicated below. Conclusion Planet Technologies looks forward to starting this project as soon as possible to meet your project objectives. Feel free to contact us with any questions or comments you may have, Please review the terms section and accept this proposal by signing below. Please forward the signed copy to the address listed below. Planet Technologies, Inc. 20400 Observation Drive,Suite 107 Germantown,MD 20876 (301)721-0100 Signature of this proposal signifies acceptance and agreement with all items listed above. Mn,.nr! )1 !'tr1!rl l r , ItI ;N I, M un Planet Tec ogle I .-- t.,�,�- � d_ �� Signatur .._.___Date_. .___ nat Date' ", — 41 - � �(� �Orna.vi (in if(ei,vR-. Cmc C. Print Name Print Name MDn'ix route ty 13 Company Name Company Name /00•SiIrt0nit*? V'tY-ec I,IIr.aUS' 2,.0 t l,ou Ob'ree-1 cvb.w,_. /a''i,YJ Street Address Street Address rg wrff, rz .moo 6:t.(►�.4. tom h lilt 2 o a'�-� City,State,Zip Code City,State,Zip Code SCCM fillANET Prepared by Colin Ploscaru uom uRn!AD 8/5/2016 Pnn lalleensederi Wester fdwMra technologies SCCM Prepared by Colin Pioscaru ctecnoIogie3 Advanced Infronsicon Solution ' ?it,'n•°r Inioomatien Woolor Solution Page 17 of 17 2015 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract,the Contractor shall obtain Commercial General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy,its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12)months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLI Administralive Instruction 7500.5 59 2015 Cdition PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract involves the furnishing of advice or services of a professional nature, the Contractor shall purchase and maintain, throughout the life of the contract, Professional Liability Insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract. The minimum limits of liability shall be: $300,000 per Occurrence/$500,000 Aggregate PRO! Administrative Instruction 7500 5 d5 2015 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY,FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles,the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include,as a minimum, liability coverage for: • Owned,Non-Owned,and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $ 200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL2 Administrative Instruction 7500.5 91 2015 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract,the Contractor shall obtain Workers'Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Florida Statute 440. In addition,the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease,each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the Contractor has been approved by the Florida's Department of Labor,as an authorized self- insurer,the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. WC1 Administrative Instruction 7500.5 97