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Item C13 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_2/19/14 Division: County Administration Bulk Item: Yes X No _ Department: Information Technology Staff Contact Person/Phone#: Bob Ward 453-8792 AGENDA ITEM WORDING: Approval of an agreement with the winning bidder, Computer Systems Support, Inc., for Network Switching Equipment RFP-NONE-67-0-2013/EC as recommended by the Selection Committee at a public meeting on 9/30 at 11 AM, as contained within the Request for Proposals with appropriate changes as negotiated therein. Cost for hardware, software and services is $288,284.23 ITEM BACKGROUND: The Monroe County BOCC Selection Committee for Network Switching Equipment RFP-NONE-67-0-2013/EC met on September 30, 2013 and reviewed the bid packages presented and selected as its first place choice, Computer Systems Support, Inc. During negotiations, we agreed to waive the requirement for professional liability insurance as approved by our Risk Management department. Once that change was agreed to the vendor executed the agreement contained in the RFP. PREVIOUS RELEVANT BOCC ACTION: Approval of CSS as the winning bidder in RFP- NONE-67-0-2013/EC on October 16,2013 Approval to advertise the RFP on August 21,2013 CONTRACT/AGREEMENT CHANGES: Waive requirement for professional liability insurance. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $ 288,284.23 INDIRECT COST: $0.00 BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: N/A COST TO COUNTY: $288 284.23 SOURCE OF FUNDS: Primarily Ad Valorem REVENUE PRODUCING: Yes o X AMOUNT PER MONTH $0 Year$0 APPROVED BY: County tt�, OMB/Pure lasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION:........... AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: CSS Contract# RFP-NONE-67-0-2013 Effective Date: mm 10/16/13 Expiration Date: Contract Purpose/Description: enjent with CSS irovide tj!j�.skills transfer to Monroe COL111ty IT _tq L............personnel for the ins�iajl,[a e switches _pytv�d as part of the RFP Contract Manager: Bob Ward 8792 Information Technology #26 (Ext.) (Department/Stop #) .....—------ for BOCC meeting on 2/19/14 Agenda Deadline: 2/4/14 CONTRACT COSTS Total Dollar Value of Contract: $ 288,284.23 Current Year Portion: $ 288,284.23 Budgeted? Yes No Account C"'ode's—: 001-05003-560-640-- --. .....— Grant: $ County Match: $ ADDITIONAL COSTS Estimated Ongoing Costs: $0/yr For: Network Switches &��T raining_.__.._ (Not included in dollar value above) (eg. inaFn—tetiat�c"'—"--" I ... ....... e,utifities,jaifltorial,salaries,etc,,),._ CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director YesR Nof—I Risk Management YesR NoR YesEl Nolz County Attorney 1 s'R Noff/ Comments: OMB Form Revised 2/27/01 MCP#2 AGREEMENT FOR NETWORK SWITCHING EQUIPMENT AND ASSOCIATED SERVICES This Agreement ("Agreement") made and entered into this day of 20 by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Computer Systems Support, Inc., a Corporation of the State of Florida, whose address is 5000 SW 75th Avenue, Suite 301, Miami, FL 33155 its successors and assigns, hereinafter referred to as "VENDOR", WITNESSETH: WHEREAS, COUNTY desires to employ the services of VENDOR for the provision of network switching equipment and associated professional services; and WHEREAS, VENDOR has agreed to provide network switching equipment and associated professional services which shall include but not be limited to providing training and skills transfer for the installation and management of said networking equipment, which shall collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and VENDOR agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, VENDOR makes the following express representations and warranties to the COUNTY: 1.1.1 The VENDOR shall maintain all necessary licenses, permits or other authorizations necessary to act as VENDOR for the Project until the VENDOR'S duties hereunder have been fully satisfied; 1.1.2 The VENDOR has become familiar with the local conditions under which the Work is to be completed. 1.1.3 The VENDOR shall prepare all documentation required by this Agreement in such a manner that they shall be accurate, coordinated and adequate for use in verifying work completed and shall be in conformity and comply with all applicable law, codes and regulations. The VENDOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The VENDOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The VENDOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the VENDOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the VENDOR. 1.1.6 At all times and for all purposes under this agreement the VENDOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the VENDOR or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The VENDOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The VENDOR shall complete the scope of services no later than ninety (90) days from the effective date of this agreement listed above. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION VENDOR'S Scope of Basic Services consist of those described in Attachment "A." The VENDOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The VENDOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the VENDOR or its subcontractors, or both. 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the VENDOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Robert R. Ward, Jr. Director of Information Technology Monroe County 1200 Truman Ave, Ste 211 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the VENDOR: Mr. Gines Lleonart Enterprise Account Manager Computer Systems Support, Inc. 5000 SW 50th Avenue, Ste 301 Miami, Florida 33155 ARTICLE III ADDITIONAL SERVICES 3.1 Additional services are services not included in the Scope of Basic Services. Should the COUNTY require additional services they shall be paid for by the COUNTY at rates or fees negotiated at the time when services are required, but only if approved by the COUNTY before commencement. 3.2 If Additional Services are required the COUNTY shall issue a letter requesting and describing the requested services to the VENDOR. The VENDOR shall respond with a fee proposal to perform the requested services. Only after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the VENDOR proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the VENDOR in order to avoid unreasonable delay in the orderly and sequential progress of the VENDOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the VENDOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the VENDOR'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the VENDOR or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the VENDOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the VENDOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The VENDOR covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the VENDOR, subcontractor(s) and other persons employed or utilized by the VENDOR in the performance of the contract. 5.2 The first ten dollars ($10.00) of remuneration paid to the VENDOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the VENDOR, the VENDOR agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. 5.3 In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the VENDOR'S failure to purchase or maintain the required insurance, the VENDOR shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the VENDOR the VENDOR agrees and warrants that VENDOR hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. 5.4 The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. 5.5 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE.VI PERSONNEL 6.1 PERSONNEL The VENDOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION _Johnathan Hart, CSS _Trainer _Miguel Minicz, HP _Trainer, Manufacturer So long as the individuals named above remain actively employed or retained by the VENDOR, they shall perform the functions indicated next to their names. If they are replaced the VENDOR shall notify the COUNTY of the change immediately. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM 7.1.1 The COUNTY shall pay the VENDOR in current funds for the network equipment provided by the VENDOR in performance of this Agreement based on rates negotiated and agreed upon and provided in VENDOR's bid response. The VENDOR's bid response is attached to this agreement as Attachment"B." 7.1.2 The COUNTY shall pay the VENDOR in current funds for the VENDOR'S performance services related to this Agreement based on rates negotiated and agreed upon and included in VENDOR's bid response. 7.2 PAYMENTS 7.2.1 For its providing said networking equipment as set forth herein, the VENDOR shall be paid as equipment is ordered by the COUNTY pursuant to this Project. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the VENDOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the VENDOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the VENDOR shall submit, after receiving an order for network switching equipment to be provided under this agreement, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for equipment ordered due hereunder. The VENDOR'S invoice shall describe with reasonable particularity the equipment ordered. The VENDOR'S invoice shall be accompanied by such documentation or data in support of charges for which payment is sought at the COUNTY may require. 7.2.2 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the VENDOR shall be paid upon completion of the services to be performed. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. (A) If the VENDOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the VENDOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the VENDOR shall submit upon completion of the services to be performed, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The VENDOR'S invoice shall describe with reasonable particularity the service rendered. The VENDOR'S invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought at the COUNTY may require. 7.3 REIMBURSABLE EXPENSES 7.3.1 Reimbursable expenses include expenses incurred by the VENDOR in the interest of the project: a. Expenses of transportation submitted by VENDOR, in writing, and living expenses in connection with travel authorized by the COUNTY, in writing, but only to the extent and in the amounts authorized by Section 112.061, Florida Statutes; b. Cost of reproducing manuals or other materials used in performing the scope of services; c. Postage and handling of reports; 7.4 BUDGET 7.4.1 The VENDOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year(October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE---VIII INSURANCE 8.1 The VENDOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the VENDOR'S failure to purchase or maintain the required insurance, the VENDOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 VENDOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00) annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the VENDOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. E. [WAIVED—see Attachment "C"] PFC)fessienal liability insUFanGe of One Million DollaFS ($1,000,000.00) per GGGUFFence and Two Million D011aFS VENDOR hall maintain eeveFage OF rnhase a 10ta to never Claims made afteF GOMpletio of the rrpleG over the statutOFi+ime limi+c in Ghan+or_96 of the Fleroda Statutes Y�"J F. COUNTY shall be named as an additional insured with respect to VENDOR'S liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. VENDOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of VENDOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. i I H. VENDOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. 1. If the VENDOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the VENDOR may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the VENDOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the VENDOR. 9.3 SUCCESSORS AND ASSIGNS The VENDOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the VENDOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the VENDOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the VENDOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals, any addenda, the Form of Agreement (Articles I-IX), the VENDOR'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments A and B, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the VENDOR will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or VENDOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, VENDOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, VENDOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. VENDOR will promptly notify the COUNTY if it or any subcontractor or subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS VENDOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to VENDOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the VENDOR, the VENDOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and VENDOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.10 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and VENDOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.11 ATTORNEY'S FEES AND COSTS The COUNTY and VENDOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of- pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 9.12 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and VENDOR and their respective legal representatives, successors, and assigns. 9.13 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.14 CLAIMS FOR FEDERAL OR STATE AID VENDOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and VENDOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and VENDOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and VENDOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION VENDOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. VENDOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article Vl, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST VENDOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The VENDOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the VENDOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.21 PUBLIC ACCESS. The VENDOR and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the VENDOR and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by VENDOR. 9.21.1 PUBLIC RECORDS Pursuant to Florida Statute §119.0701, VENDOR and its subcontractors shall comply with all public record laws of the State of Florida, including but not limited to: A. Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. B. Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 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 Monroe County all public records in possession of the contractor upon termination of this Agreement 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 Monroe County in a format that is compatible with the information technology systems of Monroe County. The County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the VENDOR and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.23 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.25 NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the VENDOR and the COUNTY agree that neither the VENDOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION VENDOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by VENDOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.28 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.29 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its VENDOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the VENDOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: AMY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA By By: Deputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEY Date: PR+ V D S OF RM: 1 4' 'd CY .T IOA L. At_ DatelW�%- LINTY®ATTORNEY (Seal) VENDOR Attest: BY: 1 By:_rq"--- Title: En Qer i &- d4r Title: , ATTACHMENT A SCOPE OF SERVICES 1.1 Task_1_ Provide necessary skills transfer and training to enable COUNTY'S staff to install and configure each different type of network switching equipment to be provided in response to this RFP. 1.2 Task 2 Provide necessary skills transfer and training to enable COUNTY'S staff to install and configure network management software included in response to this RFP. 1.3 Task_3 Provide necessary skills transfer and training to enable COUNTY'S staff to fully utilize the network equipment manufacturer's warranty and support systems. Attachment B Network Switching Equipment PROPOSAL FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT 1100 SIMONTON STREET ROOM 2-213 KEY WEST, FLORIDA 33040 PROPOSAL FROM: computer Systems Support,Inc. 5000 SW 75th Avenue,Ste 301 Miami,Fl-33155 The undersigned, having carefully examined the Specifications, Proposal, and Addenda thereto and other Contract Documents for the provisioning of: NETWORK SWITCHING EQUIPMENT The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. The total base proposal is the sum of the total prices provided on the proposal form without the Inclusion of the unit prices with are Included Two hundred eighty eight thousand,two hundred eighty four dollars and twenty three cents Dojjars (Total Base Proposal- words) $288,284.23 (Total Base Proposal —numbers) The proposal includes the requested equipment listed on page 2 of this form, management software and services outlined in the statement of work in section 00300 all inclusive in the total above. Please see attached quote for product details. Page 18 of 51 PROPOSAL 00200- Network Switching Equipment Proposal Form Page 2 1. Chassis based Network Switch configurable with various types of line cards (fiber or copper) with a common back plane, n+1 redundant power supplies, redundant fan modules, and redundant control modules populated with 24 or 48 port POE line card modules as outlined below and including 5 years of warranty support at a minimum of next business day (NBD) bass Switch grts Needed m......... ... ......m_....�.Total Gust ..... _. Total of 4 sites 288,336,432,192 $ 144,830.97� Unit Price of Chassis with minimal control $, s,54z.oa' Unit Price of 48 Port POE Card $ 1,819,69 Unit Price of 24 Port POE Card $ -.not available Price quoted is averag,a of ilia lour switches(two different part numbers)that we quoted.Price Includes chassis plus one fabric modal for r1inimad control f r ach switch. 2. 24 and 48 Port staokabie P based Network switches which provide 10/100/1000 autosensing copper ports, fiber based sfp option, layer 3 networking capability, VLAN support, Trunking, QOS, link aggregation grouping, switch aggregation and clustering, 1 Gb/s uplink capability at a minimum, in a quantity as outlined below including 5 years of warranty support at a minimum of next business day (NBD) POE Stackable Quantit Total ost_,,, , 48 Port 20 $ 51119.60 24 Port 42 $ s8,83z 54mmm Unit Price of 24 Port$ 1,638.87 48 Port$ 2,555.98 $55,000 savings could be achieved by use of the 5120 switches rather than the 5500s in this layer. 3. 8, 12 (or 16), and 24 Port non-POE based Network switches which provide 10/100/1000 autosensing copper ports, VLAN support, Trunking, QOS, link aggregation grouping, switch aggregation and clustering, 1 Gb/s uplink capability at a minimum, in a quantity as outlined below including 5 years of warranty support at a minimum of next business day (NBD) Non-POE QuantityTotal Cost 24 Port 8 $ 4,163.28 12/16 Port 36 $........1,574.80 Unit Price of 24 Port$ 520.41 12/16 Port$ 349.30 4. Proposer has equipment buy-back available Yes x No Buy-back is included in solution price Yes No x " Y Due to uncertainties regarding purchase time frames,we are unable to include possible buy-back refunds in the solution price. However,we will be happy to facilitiate a trade-in through the HP Trade-in program when the time is appropriate. Page 19 of 51 PROPOSAL 00200- IS IIIIVu Computer Systems Support,Inc. Quotation 5000 SW 75th Avenue,Suite 301 Miami,FL 33155-5558 Phone:(305)666-6804 Fax: 305 666-6895 ( ) Date Quote# Email:sales@cssfla.com �.-...w•.. .__.....W__....�Q i 9/20/2013 CSSQ9237-01 - Customer: Bob Ward _- Monroe County ry Cavanaugh 9 Rep Terms FOB Ship Via 100 Simonton Street Ma -WWWWW-- N 30 Destination BW Surface Key West, Florida 33040 1 Chassis Configuration-Layer 3 2 3 JD2388 HP 7510 Switch Chassis $2,560.13 $7,680.39 3 6 JD219A HP 7500 280OW AC Power Supply $761.91 $4,571.46 4 22 JD192B HP 7500 PoE DIMM Module $509.91 $11,218.02 5 6 JD220A HP 7500 768Gbps Fabric Module $4,551.24 $27.307.44 6 22 J01998 HP 7500 48-port Gig-T PoE-ready Module $1,819.69 $40.033.18 7 3 UOS41 E HP5yNbdExchPlusHP 7510 Switch Support [for JD238131 $8,463.00 $25,389-00 8 2 JD194B HP 7500 384Gbps Fabric Module $2,843.24 $5,686.48 9 1 JD239B HP 7506 Switch Chassis $1,990.80 $1,990.80 10 2 JD219A HP 7500 280OW AC Power Supply $761.91 $1,523.82 11 4 JD192B HP 7500 PoE DIMM Module $509.91 $2,039.64 12 4 JD199B HP 7500 48-port Gig-T PoE-ready Module $1,819.69 $7,278.76 13 2 JD194B HP 7500 384Gbps Fabric Module $2,843.24 $5,686.48 14 1 UOS40E HP5yNbdExchPlusHP 7506 Switch Support [for JD239131 $4,425.50 $4,425.50 15 SubTotal $144,830.97 16 17 Stackable PoE+24 port Layer 3 18 42 JG241A HP 5500-24G-PoE+El Switch with 2 Intferace Slots $1,461.29 $61,374.18 19 42 JD360B HP 5500 2-port 1OGbE Local Connect Module $139.69 $5,866,98 20 42 U4G21 E HP 5y24x7Netwks 5500-24 El SW Supp [for JG241A] $37.89 $1,591.38 21 SubTotal $68,832.54 22 23 Stackable PoE+48 port Layer 3 24 20 JG240A HP 5500-48G-PoE+El Switch with 2 Interface Slots $2,385.29 $47,705.80 25 20 JD360B HP 5500 2-port 10GbE Local Connect Module $139.69 $2,793.80 26 20 U4G95E HP 5y24x7Netwks 5500-48 Ell SW Supp [for JG240A] $31.00 $620.00 27 SubTotal $51,119.60 28 29 Non-PoE 16 port-Layer 2 30 36 JE073A HP 5120-16G SI Switch $338.80 $12,196.80 31 36 UV869E HP 5y 24x7 Networks 51xx SW Supp [for JE073A] $10.50 $378.00 32 SubTotal $12.574.80 33 34 Non-PoE 24 port-Layer 2 1 35 8 JE074A HP 5120-24G SI Switch $509.91 $4,079.28 36 8 UV869E HP 5y 247 Networks 51xx SW Supp [for JE074A] $10.50 $84.00 37 SubTotal $4.163.28 38 39 IMC-Management Suite 40 1 JF377AAE HP IMC Standard Edition Software Platform with 100-node E-LTU $2,651.83 $2.651.83 41 1 JF379AAE HP IMC Std/Ent add 100-node E-LTU $1,505.47 $1,505.47 42 1 UV749E HP 3y 247 Networks Group 170 Lic Supp [for JF377AAE] $1,623.00 $1,623.00 43 1 UV745E HP 3y 24x7 Networks Group 160 Lic Supp [for JF379AAE] $982.74 $982.74 44 SubTotal $6,763.04 45 46 47 t CSS Train and Training and Installation $0.00 $0.00 Install 48 HP Access Layer Network Technologies using Comware Software(Duration:2 days) 49 HP Core/Distribution Network Technologies using Comware Software(Duration:5 days) 50 IMC Essentials for Network Administrators(Duration:5 days) 51 HPN Adv Impl-Switch Commissioning SVC 52 HPN Adv Impl-Advanced Switching SVC 53 HPN Adv Impl-Intelligent Mgmt Ctr SVC 54 SubTotal $0.00 Subtotal $288,284.23 Tax $0.00 Shipping $0.00 Total $288,284.23 To ensure accurate and timely processing of orders,please fax all purchase orders to CSS at(305)666-6895 or email to orders@cssfla.com. CSS Is not responsible for typographical errors. Restocking fees may apply to all returns. Manufacturer's warranties apply.All information contained within this quotation is confidential to Computer Systems Support,Inc.and its intended parties. Quotation is valid for 30 days. Payment is due 30 days from the date of shipment. 2 toll ireoa MON40K COUNTY,FL09MA Rig ngtlasta'dot the 8ousytaoe requiramum as specified in the Cotsay's Schedule of FAsurarwe Requieetrab,be waived or tttloditiad on the followlin cott>Stse- Cbokuwr. Compier Symmone SWVWL W— NeMrwWQ Treiftvra cc oct far: Address of Cormactor: S000 SW?M Amm.Ste 301 Merl. FL 33155 3054504M Pbone: Scope of work: to MOAMn CCKntv empioyeas who wn•I be reeprmwbfe far sm ft up and manndnp the rT rahtw t We pretently don't entry probowarW abiity I mturamw adhouph we C-TY ed other IS of meuranee Raawa for Waiver. requ"M W the oontraet.Thom.e,rM*nsk aeeooated wdh training. Policies waiver PmfeesomW LsablMy ?nsuf*ft* will apply to: Sipma a of Connector: Approved Not Approved Risk Maaa�ement Date . County Administrator appeal: Approved: Not Approved: Date Hoard of County Commissioners appeal: Approved: Not Approved. Meeting Date: Adminrgrsum Msumion 102