Item C33 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/13 Division: jC-ounty Administration
Bulk Item: Yes X No Department: Information Technology
Staff Contact Persor)JPhone#: Bob Ward 453-8792
AGENDA ITEM WORDING:
Approval to award bid and enter into negotiations with Computer Systems Support,Inc.,the
highest ranked respondent,for Network Switching equipment, software and services,as
recommended by the Selection Committee. If an agreement cannot be reached with the highest
ranked respondent, request approval to award bid and enter into negotiations with the next
highest ranked respondent until an agreement is reached.
ITEM BACKGROUND: The Monroe County BC CC Selection Committee for Network Switching
Equipment RFP-NONF-67-0-2013/EC met on September 30, 2013 and reviewed the bid packages
presented and selected as its highest ranked respondent, Computer Systems Support, Inc. The second
highest ranked respondent was Extensys, Inc., followed by AT&T, Inc. as the third highest ranked
respondent. Attached please find the committee minutes and scoring sheets from the committee
members.
PREVIOUS RELEVANT BOCC ACTION: Approval to advertise the RFP on August 21,2013
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $ 288.284.23 INDIRECT COST: —_$0.00 BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE: --N/A
COST TO COUNTY:- $288.284.23 SOURCE OF FUNDS: Primarilv Ad Valorem
REVENUE PRODUCING: Yes— No X AMOUNT PER MONTH__$O Year 0
APPROVED BY: County AttPt OMB/Purch asing_ Risk Managemen
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM#
Revised 7/09
Minutes from Selection Committee Meeting
9/38/13 at 11:00a.rn.
No members nf the public were present
Selection Committee members present
Eric Udell
Bob Ward
Michael Grattan
JorgeSvvaby
Christine Linnbert-Banovvs, asst. County attorney
Irregularities in responses discussed
Responses that did not acknowledge all addendum was recommended to be waived by the selection
committee
Te|esvvitchrespmnse—pridng gap in response, even with modification $16,0OOgap
|TOTS- math calculation incorrect; equipment list incorrect; unit price on 48 POE incorrect; optical
cards, not priced
Dell- pricing for number of units, needs 5 units$213,330.68 rather than $I70,520.56; did not include
County (Drug-free workplace form)
PC Solutions- did not include County Form (drug-free workplace)
Ronco- quote included training, but not priced; 9 units priced, but only can stack units
8|ackbox, price quote unreadable
Selection committee recommends that all of the above irregularities be waived and the response be
considered
Local Preference request for AT&T discussed
Selection Committee recommended that since a substantial part of services of this RFP would not be
performed at the local location that local preference should not be awarded (Local Preference Points
ultimately would not affect the outcome of ranking)
Generally discussed security considerations
Committee members points and rankings reed and discussed (points and ranking of each member
attached)
Results tabulated (attached)
Highest Ranked, Computer Security Solutions, Inc.
Second highest ranked, Extensys, Inc.
Third highest ranked, AT&T' Inc.
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MONROE COUNTYBOCC
REQUEST FOR PROPOSALS
FOR
NETWORK SWITCHING
EQUIPMENT
KEY WEST, MONROE, COUNTY FLORIDA
A
a
�h d
All
BOARD OF COUNTY COMMISSIONERS
George Neugent, Mayor, District 2
Heather Carruthers, Mayor Pro 'rem, District
Danny L. Kolhage, District I
David. Rice, District 4
Sylvia .I. Murphy, District 3
COUNTY ADMINISTR_ATOR.
Roman Gastesi, Jr
CLERK OF I°HE C"IRC UIT C<:1URT DIREC`'TOR. OF IT
Amy L. Heavilin Robert R. Ward, Jr.
Network Switching Equipment
.................. ................
GENERAL SPECIFICATIONS
TABLE OF CONTENTS
Section 00030 Notice of Calling for Proposals
Section 00100 Instructions to Proposers
Section 00200 Proposal Form
Section 00300 Scope of Work
Section 00400 Draft Contract
Section 00500 Appendix A— Current Switch Inventory
END TABLE OF CONTENTS
Page 2 of 51 TABLE OF CONTENTS 000001-1
Network Switching Equiprnent
SECTION 0000
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NO' 1C'F,wC 1~_I2Ltl!l. EST FOR !CO P1�I'1,rIVE SOLIC�"� 1"A►"TION'
NOTICE: IS HEREBY GIVEN TO PROSPE+.C'FIVE PROPOSERS that oil September
25, 2013 at 3:00 P.M. at the Monroe; County Purchasing Office, the Board of County
Corninissioners of"Monroe County, Florida, will open scaled proposals for the lollowing:
NE 'I'WORK SWITC"IEING E QUIPME 'I,
E EY WES'I', MONROE{: COUNTY F1,0E21DA
1�equirernents for submission and the selection criteria may be requested born DernandStar
by Onvia at www.dcm,rndstar.coin OR www.me nroecounty bids,com or. call toll-free at 1-
800-711-1712. T'he Public Record is available at the Monroe. C:°aunty Purchasing Office:
located at the Gato Building, 1100 Simonton Street, Roorn 1-21.3, Key West, Florida.
All Responses must be sealed and must be submitted to the Monroe County Purchasing
Office.
Publication, dates
Citizen (Su) 8/25/13
Keynoter (Wed) 8/28/13
Reporter (Fr) /30/13
Page 3 of5l NOTICE OF REQUEST FOR COMPETIVE SOLICITATIONS 00030-1
SECDONOO1OO
INSTRUCTIONS TO PROPOSERS
To be oonsidermd. Proposals must be made in accordance with these Instructions to Proposers,
DEFINITIONS
1.1 Terms used in these Instructions to PrOpo5erg, which are defined in the General
Conditions, shall have the same meanings or definitions as assigned to them in the
General Conditions.
1.2 A Bid is a complete and properly signed proposal to provide the required equipment for
the aumm stated therein, including any Owner Options or Alternates stipulated thenein,
and submitted in moomrdonue with the Proposal Documents. In this Request for
Proposals, Bid means Proposal.
1.3 are written or graphic instruments issued by the Ovvnmr, its agents, employees
or VENDOF7s prior to the receipt of PnopOS@|S' which modify or interpret the Proposal
Documents by additions, de|edons, clarifications, or corrections,
1.4 Bidder, ioa person or entity who submits aProposal.
1.5 include the Notice of {}a||in0 for Proposals, Instructions to
Proposers, Bid PnJpmma|^ Pre-Bid Substitutions, Scope of VVork, and other sample
Proposal and contract forms and the proposed Contract Documents including any
addenda issued prior to receipt ofProposals. The Contract Documents proposed for the
goods and services consist of the Standard Form of Agreement (a sample of which is
attached herein), General Condidong, Supplementary Conditimns, Public Construction
Bond if required, Supplementary Insurance documents, Special Conditions, its General
Requirements, Technical Specifications, and other sample contract forms.
1.6 Propo!�qris a person Vr entity who submits aPn]pDGa|.
1.7 nneane, as specifically defined in Monroe County Code, the vendor has
a valid receipt of the business tax paid as issued by Monroe County Tax Collector at
least one year prior to the notice of request for bids or proposals for the business to
provide the gVode, services or construction to be purohmeed, and a physical business
address located within Monroe County from which the vendor operates or performs
business on a day-to-day basis that is a substantial component of the goods or services
being offered to Monroe County. Post Office Boxes are not verifiable and shall not be
used for the purpose of establishing a physical address.
1.8 ° iS synonymous with "Monroe County".
1.9 means to comply fully with the specified or implied requirements.
1.10 " means "furnish". Wherever ^pnovide" or "furniSh" are used, this shall mean
the purchase and all purchasing requirements and pnocedunBm, as per the specified or
implied requirements.
1.11 " means an amount stated in the Proposal as @ price per unit of
measurement for equipment or services described in the Proposal Documents or in the
proposed contract documents,
1.12 ` is synOnonR0uS with Proposer.
ARTICLE 2
COPIES OF PROPOSAL DOCUMENTS
2A Proposers may obtain complete sets of the Pnmpmme| Documents as designated in the
Notice of Calling for Proposals fora stipulated sum.
2�2 Proposers shall use complete sets of Proposal Documents in preparing Proposals.
Neither the Owner, Information Teohno|ogy, nor their agents aeaunnem any responsibility
for errors or misinterpretations resulting from the use of incomplete Sete of Proposal
Documents.
ARTICLE
3 DISQUALIFICATION OF PROPOSERS
3.1 NON-COLLUSION AFFIDAVIT: Any person submitting o proposal in nagponaa to this
invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered
that collusion exists among the Rempondents, the proposals of all participants in such
COUueimn shall be rejected, and no participants in such collusion will be considered in
future bids for the same work,
12 PUBLIC ENTITY CRIME: Aperson 0r affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a proposal on a
contract to provide any goods or services to a public entity, may not submit a proposal
on a contract with m public entity for the construction or repair of o public building or
public wmrk, may not submit Proposals on leases or perform work as a cmntreutmr,
aupp|ier, nubcVntnamtor, or consultant under contract with any public entity, and may
not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed Vnthe convicted vendor list. Category Two: $25.000.00
3.3 DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG-FREE WORKPLACE
F{JRK4 and submit it with his bid or proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification of
the bid orproposal.
3.4 LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or
proposal in response to this invitation must execute the enclosed LOBBYING AND
CONFLICT OF INTEREST CLAUSE and Submit it with his bid or proposal. Failure to
complete this form in every detail and Submit it with the bid or proposal may result in
immediate disqualification of the bid orproposal.
ARTICLE 4
EXAMINATION OF PROPOSAL DOCUMENTS
41 Before Submitting a Proposal:
4.1.1 Each Proposer shall thoroughly examine all the Proposal Documents.
4.1.2 Ignorance on the part of the Proposer shall in no way relieve him of the
obligations and responsibilities assumed under this proposal.
4.2 Should a proposer find diaon*panCies, ambiguities in, or omissions from the Pnopma@)
Documents, or should he be in doubt a3 [Qtheir meaning, he shall at once notify the
Owner.
43 Each Proposer shall study and carefully curna|aba his observations with the Proposal
Documents.
1.4 The submission of Proposal will constitute a representation by the Proposer that he
has complied with every requirement ofArticle 4 and that the Proposal Documents any
sufficient in scope and detail to indicate and convey understanding of all terms and
conditions for delivery mf the proposed products.
INTERPRETATION AND CORRECTION OF PROPOSAL DOCUMENTS
5.1 Proposers and Sub-proposers shall promptly notify the Director of Information
Technology of any arnbiguity, inconsistency or error that they may discover upon
examination of the Proposal Documents.
5.2 Proposers and Sub-proposer requiring clarification or interpretation of the Proposal
Documents shall submit their questions in writing to the Director of Information
Technology, via letter to 1200 Truman Ave, Suite 211, Key West FL 33040, via facsimile
k] 3O5-285-51O5. nr via email toward-bob@noVnroeoounty-O.guv. nu later than seven (7)
calendar days prior to the dote for receipt of Proposals. Any anevver, interpretation,
correction or change of the Proposal Documents will be accomplished by Addenda.
Copies of Addenda will bm made available for inspection wherever Proposal Dmounnanta
are on file for that purpose. Any Addenda will be provided for inspection no later than
five (5) calendar days prior to the date for receipt of Proposals. Interpretations,
oonectione, or changes of the Proposal Documents made in any other manner will not
be binding, and Proposers shall not rely upon such interpnstatione, oorreotione, and
changes. Oral and other interpretations or clarifications will be without legal effect.
PROPOSAL CONTENTS
8.1 Each Proposer, before submitting the Proposal, shall familiarize itself with all Federal,
State, and local |avva, ordinances, permit fees, impact feao, rules and regulations that
may apply tothe goods and services in the Proposal or that may in any manner affect
the cost or delivery 0f the proposed goods and/or services.
6.2 The proposal submitted in response twthis RFP shall be printed mn 8-1/2'' x 11^ white
paper and bound; it shall be clear and concise and provide the information requested
henain. Statements submitted without the required information will D�tbe considered.
Responses shall be organized as indicated below. The Proposer uhmu|d not withhold
any information from the written response in anticipation mf presenting the information
orally or in a dennmnatrmtion, since oral presentations or demonstrations may not be
solicited. Each Proposer must submit adequate documentation to certify the Propoeer's
compliance with the County's requirements. Proposers should hmmum specifically on the
information requested. Additional infmrrnetion, unless specifically re|evmnt, may distract
rather than add to the Propooer`s overall evaluation.
0�3 The following inforrnedmn, at a minimum, shall be included in the Submittal:
8.3.1 Cover Page
Aoover page that states '`PROPOSAL RESPONSE — NETWORK SWITCHING
EQUIPMENT" The cover page should contain Pnopnaer'm nanne, address,
telephone number, and the name of the Proposer'a contact person.
6.32
Tab1. Executive Summary
The Proposer shall provide o narrative of the firm's qualities and capabilities that
demonstrate how the firm will work with the County to provide the equipment and
fulfill the requirements of the scope of work. Provide a detailed explanation Of
the reasons Owner should nhOOea the Proposer over competitors including a
description of unique features of the equipment and services offered in this
Proposal. Provide a description of the support capabilities of the Proposer
available bothe Owner during the contract term.
Tab2. References and Past Performance onSimilar Projects
The Proposer shall provide a list of past projects thetaretheSameOrSirni|arto
those goods and services required in this Request for Proposals, The list should
indude, at nninimunn, the following information:
Name and full address of the referenced project
Name and telephone number pf client contact for referenced project
Date of initiation and completion of contract
Summary of the project and services
In addition, the Proposer should include a written reference from at least two
government entities for which the Proposer has provided these services within
the past three years.
Tab3, Network Management
The Proposer shall describe the capabi|itie8, software` and management
functions that are available with the proposed network switch equipment. The
Proposal should include o narrative describing the functionality of the network
management solutions included in the Proposal, The Proposer should include a
detailed explanation of data collection and analysis techniques and equipment as
well as details about proposed software capabilities and use.
A Portion of the scoring will reflect the management capabilities and functionality
of the equipment included in the Proposal,
Tab 4. Product Support, Training, and Warranty Information
The Proposer shall describe warranty information relating tothe hardware and
services offered in the Prnpusa|, the capabilities and nature of support offerings,
and training and skills transfer to be provided as part of the solution. The
Pnopmee| should include a narrative describing the types of Support offerings
available such as 24-7 support desk oapobi|ity, product quick-start support,
product update alerting services for firmware and security fixes, etc, The
Proposer should include a detailed explanation oftraining and skills transfer tobe
provided with the solution. This training will be sufficient to provide the
necessary skills transfer to Owner's IT staff during the first installation of a
product category such that further installations can be performed aaUehaotoh|y by
the Owner's IT Staff.
Tab 5. Network Switch Equipment Features
The Proposer eheU provide a written narrative that describes the features of the
network switching equipment included in each category of the proposal response
for the Network Switching Equipment included in this RFP. Proposer may
include Technical Specifications of the equipment included in the Propaa|, but a
narrative must be included as well. Failure b> complete this narrative may lead to
an unresponsive bid.
Tab 6. Financial Information and Litigation
The Proposer will provide the following information:
(1) A list of the Peraon'aor entity's shareholders with five percent or more mf
the stock or, if general partnership. a list of the general partners; or. if limited
liability company, a list of its rnennbmns; or, if solely owned proprietonahip,
names(s) ofowner(a);
(2) A list of the officers and directors of the entity;
(3) The number of years the person or entity has been operating and, if
different, the number of years it has been providing the services, goods, or
construction services called for in the bid specifications (include a list of similar
(4) The number nf years the person or entity has operated under its present
name and any prior names;
(5) A print out mf the "Detail by Entity Name" screen from the PropVser'm
listing in ;
(6) A copy Qf the P0pos8r'g Annual Report that is submitted to the Florida
Secretary ofState;
(7) Answers tn the following questions regarding c|mirnm and suits:
m. Has the person, principals, entity, or any entity previously owned,
operated or directed by any Of its officers, major shareholders or
directons, ever failed to unmp|eka work or provide the goods for which it
has contracted? If yes, provide details;
b� Are there any judgments, deirns, arbitration proceeding or Suits
pending or outstanding against the person, principal of the entity, or
enhty, or any entity previously owned, operated or directed by any ofits
offioens, dinecimrs, or general partners? If yes, provide details;
c� Has the per3on, principal of the entity, entity, or any entity
previously owned, operated or directed by any ofits ofUmere, major
shareholders or directors, within the last five years, been e party toany
|mvvouii, a,bitration, or mediation with naQmnd to u contract for services,
goods or construction services similar to those requested inthe
specifications with private or public entities? |f yes, provide details;
d. Has the peneon, principal of the entity, or any entity previously
owned, operated or directed by any of its officers, owners, partners, major
shareholders or directors, ever initiated litigation against the county or
been sued by the county in connection with o contract to provide services,
goods or construction services? |f yes, provide details;
e. Whether, within the last five years, the owner, an officer, general
partner, principa|, controlling shareholder or major creditor of the person
or entity was an officer, din*ctmr, general padner, principal, controlling
shareholder or major oneditorofanymtherentitythathsi|edtmperfo:n
services or furnish goods similar to those sought in the request for
competitive solicitation;
(B). Customer references (minimum ofthnae). including name, current
address and current telephone number;
(9). Credit references (minimum of three), including name, current address
and current telephone number;
(10). Financial statements for the prior three years for the responding entity or
for any entity that iga subsidiary bJ the responding entity; and
(11). Any financial information requested by the county department involved in
the competitive aoUCitation, related to the financial qualifications, technical
competence, the ability to satisfactorily perform within the contract time
constraints, or other information the department deems necessary to enable the
department and board mf county commissioners to determine if the person
responding isresponsible.
(12). The Proposer shall include statement confirming whether or not he/she is
claiming local preference based mn having local business status, Local business
means the Proposer has m valid receipt of the business tax paid as issued by
Monroe County tax collector at least one year prior to the notice of request for
bide or proposals for the business to provide the gmoda, services or construction
to be purchased, and ophysical business address located within Monroe County
from which the Proposer operates Orperforms business on @ day-to-day basis
that is a substantial component of the goods or services being offered to Monroe
County. Post Office Boxes are not verifiable and shall not be used for the
purpose mfestablishing a physical address. Proposers shall submit @ copy Qf
their receipt ofthe business tax paid and also affirm in writing their compliance
with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section.
Tob7. Equipment Listing & Cpst Proposal
The Proposer shall provide a detailed cost proposal for the proposed equipment
and scope of services. Using the form provided on pages 18-19 of this RFP, the
uaat proposal shall be broken out by equipment type and service task. The
quantity of and types of equipment requested represent the minimum number of
components which Information Technology believes, in good faith, is necessary
t4 complete the network upgrades, The Cost Fmnn includes a separate section
for unit pricing for each type of network equipment used and represents the
additional cost to the Owner should o larger or different quantity ofequipment be
needed to meet the Owner's needs. The Owner reserves the right to make
changes to the design quantities after the contract has been awarded as required
in the hest interest of the County.
Proposers will also indicate whether the Proposer can offer an equipment buy-
beck program for used equipment that will be replaced by this equipment
s0|id\8d in this RFP. Appendix A includes a listing of all equipment that is
available for buy-back. This equipment will be removed from service during the
implementation of the new Network Switching Equipment purchased. Proposers
may factor any credits from a buy back program into the Base Proposal Price.
Tab8. County Forms
Proposer shall complete and execute the Kornnw specified below and found at the
designated pages inthis RFP. and shall include them in the section tabbed eight:
Form Pa e
Receipt of Addendum Form 20
Non-Collusion Affidavit 21
Lobbying and Conflict of interest Clause 22
Drug Free Workplace Form 23
Local Preference Form 24
SubVendor Listing Form 25
PROPOSALPROCEDURE
7.1 FORM AND STYLE OF PROPOSALS
7.1.1 The Proposal shall be submitted Vn the forms included in Section OO11Oofthese
Proposal Documents. Each of the forms in Section 00110 must be properly filled
out, executed, and submitted as the Proposal.
7.12 All blanks Qn the Proposal Form shall be filled in with ink Vrbvtypewriter.
7A�3 VVh8n8 s0 indicated QM the Pn}poS@| ForrA, sums shall be expressed in both
words and fiQureS, and in C@38 of discrepancy between the two, the amount
written in words shall govern.
7.1.4 Any inter|ineation, a|tensbon, or erasure must be initialed by the signer of the
Proposal,
7.2 ADDENDA
7.2.1 Each Proposer shall ascertain prior to submitting his Proposal that he has
received all Addenda isoued, and he shall acknowledge their receipt in his
Proposal. Hovvaver, in case any Proposer fails to acknowledge receipt of such
addenda. his Proposal will nevertheless be construed as if it had been received
and anknow|edged, and the submission of the Proposer will constitute
acknowledgement of receipt of the addenda. It is the responsibility of each
Proposer to verify that he has received all addenda issued before Proposals are
opened
7.22 No Addenda will be issued later than five (5) calendar days prior to the date for
receipt of Proposals except for an Addendum withdrawing the request for
Proposals or one which includes postponement of the date for receipt of
Proposals.
723 Copies of Addenda will be made available for inspection wherever Proposal
Documents are nn file for that purpose,
7.3 SUB[N|SB|(lN OF PROPOSALS
7.3.1 Proposals ehoU be submitted to Monroe County etthe designated location not
later than the time and date for receipt of Proposals indicated in the Notice of
Request for Proposals, or any extension thereof made byAddendum. Proposals
received after the time and date for receipt of Proposals will be returned
unopened.
7.3.2 Two signed (2) originals and two (2) copies of all proposal documents (total
equals four) are tobesubmitted. Place the proposal documents in an enve|npa,
marking on the outside "Proposal Documents". If the Proposal is hand-do|ivenad,
the envelope shall be filled out aSfollows:
1. |n the upper left hand corner, place the PrVpoeer'6name and address,
2. In the center of the enve|ope, put the following:
Monroe County Purchasing Department
1100Simonton Street, Room 1-213
Key West, FL 33040
3. |n the lower left hand corner, put the following:
Bid for Network Switching Equipment
September 25, 2O13 3:00P.n8.
(Oahy) (Time)
If the Proposal is sent by mail or courier, the sealed envelope shall be enclosed
in a separate mailing envelope with the notation "SEALED PROPOSAL
ENCLOSED" on the face thereof, and then address the mailing envelope in the
conventional manner.
7.3.3 The Pnzpmmmr shall assume full responsibility for timely delivery at the location
designated for receipt ofProposals.
73.4 [)ra|, te|ephVnic, telegraphic, taxmd, and ennui|ed Proposals are invalid and will
not receive consideration.
74 MODIFICATION AND WITHDRAWAL OF PROPOSALS
7A.1 A Proposal may not be nnodiUed, vvithdrawn, or canceled by the Proposer during
the stipulated time period following the time and date designated for the receipt
of Propoam|o, except as provided in paragraph 5.5 Right To Claim Error In
Proposal, and each Proposer so agrees in submitting his Proposal.
7.4�2 Prior to the time and date designated for receipt of Proposals, any Proposal
submitted may be modified by delivery to Monroe County Purchasing
Department of a complete bid as nnodifiad. All envelopes shall be marked
"Modified Proposal". Delivery shall comply with requirements for the original
proposal.
7.43 Proposals may be withdrawn prior tothe time and date designated for the receipt
of proposals. Withdrawn proposals may be resubmitted u9 to the time designated
for the receipt of Proposals provided that they are then fully in conformance with
these Instructions toProposers,
7.4.4 Proposal Security shall be in an amount sufficient for the Proposal as modified or
resubmitted.
7.4.5 Conditiona|, modified, or qualified proposals will be rejected. Proposers are {o
comply with the instructions on the proposal forms, and not make any changes
thereto,
7�5 RIGHT TO CLAIM ERROR |NPROPOSAL
7.5.1 Each Propomar`s original work popera, dooumento, and nnatona|e used in
preparation of the proposal shall be enclosed in an envelope and marked clearly
aetocontents, must be received by Monroe County Purchasing Department no
later than 24 hours after the time and date for receipt of Propoaa|e, or any
extension thereof made by Addendum. Proposers who fail to submit their
original work papers, documentS, and materials used in the preparation of the
proposal, as provided herein, waive all rights to claim error in the Proposal.
7.52 Owner will review documents submitted within the designated time frarne for the
purpose of determining the validity Cf the ProposBr'sC|airn.
75.3 Following review of the Propoamr'e oimim at the election of the owner the Owner
may:
a. Allow the Proposer bz withdraw the Proposal,
b� AUmvv the Proposer to enter into contract for the proposed goods arnd
services m{ the original Proposal price.
ARTICLE 8
CONSIDERATION OF PROPOSALS
8A OPENING OFPROPOSALS
8.1.1 The properly identified Proposals received on time will be opened at the Monroe
County Purchasing Department. The public is permitted tobopresent.
8.12 Any Proposal not received by the Purchasing Department on or before the
deadline for receipt ofproposals designated in the Notice of Calling for Proposals
will be returned unopened,
82 PROPOSALS TD REMAIN OPEN
8.2.1 All Proposals shall remain open and valid for ninety (90) days after the date
designated for receipt ofProposals.
&2.2 The Owner may, at his sole dieorwtion, release any Proposal before the ninety
(9D) days has elapsed.
8.3 AWARD [)FCONTRACT
8.31 The Owner neaemma the right to reject any and all pnopoaa|o, or any part of
proposal. The Owner reserves the right to waive variations from the
specifications that do not render the proposal non-conforming. The Owner retains
the right bJdisregard non-confVrnnitiee, non responsive proposals or conditional
proposals in the best interest of the County.
&3.2 In evaluating Prmppaa|S. the Owner shall consider the qualifications of the
proposers and whether or not the Proposals comply with the prescribed
requirements inthe Proposals Documents.
8.3.3 The Owner shall consider preference (o local businesses in making a purchase
or awarding a contract who meet the criteria for a local business as defined by
Section 2-349mf the Monroe County Code.
8.3.4 Individuals or firms which meet all the criteria in Section 2-349 Of the Monroe
County Code and are a conforming and responsible proposer shall receive local
preference and shall be awarded additional points not to exceed five (5) in the
scoring for the price component of the scoring criteria relative to o non|oom|
responsive and responsible Proposer.
8.3.5 The application of local preference may be waived upon vvrkhan recommendation
by the Owner and approval by the Monroe County Board of County
Commissioners at the time of Award OJ Contract. Waiver of the application of the
|o[$| preference is based upon analysis of the marketplace and in consideration
of the special or unique quality of goods or professional services sought to be
purchased by the Owner.
&16 The Owner may conduct such investigations, as he deems necessary [Oassist in
the evaluation of any Proposal and to establish the nasponeibihh/, qualifications,
and financial ability of the Propogers, proposed aubVemdnrm, and other persons
or organizations to deliver the goods and services in accordance with the
Contract Documents to the Owner's satisfaction within the prescribed time.
8.17 The Owner reserves the right to rejectfhm Proposal of any Proposer who does
not pass any such evaluation tm its satisfaction.
8.18 The County reserves the right to reject any and all pnzpoao|e and to waive
technical errors and irregularities as may be deemed in the best interest of the
County. Proposals that contain rnodifiuotions, are incornp|mte, unba|anoed,
conditional, obsuuna, mr that contain additions not requested or irregularities of
any kind, or that do not comply in every respect with the Instructions to
Proposers and the contract dmournente, may be rejected at the option of the
Owner.
8.3.9 If the Contract is awarded it will be awarded by e ae|eodnn oornrniUee. Following
the receipt of proposals, the selection committee will meet in o publicly noticed
meeting and evaluate the proposals based on the method described in 8.3.10
and8'3.11 below.
8.3.10 Each subsection will be given points used to score and evaluate firms and
individuals. This point system will be used by each individual member of the
selection committee to rank the Proposals. Should a Proposer meet the
rquirementa of Local Preference in Criteria 7, that Proposer will be awarded up to
a maximum of 5 additional points in that Section. The point structure is as
follows:
CRITERIA MAXIMUM POINTS
TAB 10
TAB 10
TAB 20
TAB 20
TAB 25
TAB 10
TAB 7 50(55 if Local Preference requirements are rneU
TAB OO
TOTAL 145 (150 if Local Preference requirements are met)
8.3.11 Each subsection will be given points used to score and evaluate firms and
individuals. This point system will be used by each individual member ofthe
s6|8Cbon committee to rank the Proposals, Each c¢nnrnh&ee member will
t8bU|@t8 the resulting scores and rank the Proposers by number of points
assigned. At the publicly noticed selection Connnnidee meeting, each committee
member will share their rankings with the other members of the Committee.
Scoring for each of the Proposers will be the aurn total of their ranking for each
category from each of the committee members. The Proposer with the lowest
total score will be ranked first, In the event ofa tie, then the Proposer with the
total lowest price for the sum of their unit pricing will be ranked ahead of the
other. Any missing unit pricing entries in Pr0p0sQr`S response will mean that the
next higher class mfsvvitch's unit pricing will be used in that category to break a
tie.
8.3.12 The recommendation of the committee and the Proposals from three or more
Proposers may be presented to the Board of County Commissioners of Monroe
County, Florida, for final ae|e(tion. Negotiations will be undertaken with the
Proposers earanked.
8.3.13 If the Contract is to be awarded, the Owner will issue the Notice of Award to the
euomssefu| Proposer within ninety (90) days after the date of receipt ofproposals.
The Owner reserves the right to return all Proposa|a, not make any awarda, and
cancel the Project.
84 EXECUTION OF CONTRACT
8.4.1 The Vendor shall sign and deliver all four originals of the Contract Agreement to
Information Technology within ban days after receipt of a Notice of Award. All
other Contract Documents are to be provided to Information Technology within
fourteen days after receipt of Notice of Award. A Notice to Proceed will be
issued to the Vendor after approval of the contract by the B()CC and upon
satisfactory compliance with these provisions. In no event shall the failure of the
Vendor to provide satisfactory Insurance Certificates within the stipulated time be
cause for an extension of the contract time. Information Technology will return
one fully executed copy of the Contract Agreement b} the Vendor with all other
Contract Documents attached upon receipt from the Owner,
85 OWNER'S RIGHT TO AWARD TO NEXT RANKED CONFORMING RESPONSIVE
PROPOSER
In the avant the Vendor given Notice of Award in 8.3 above hsi|a to execute and
deliver all contract documents required in 8.4 above, the Owner may exercise its
SPECIAL LEGAL REQUIREMENTS
9.1 Each Proposer, before SubnlKbOg the Proposal, shall familiarize itself with all Federal,
State. and local laws, ordinances, permit fees, impact fees, rules and regulations that
may apply hJthe goods and services in the PnJp0so} or that may in any manner affect
the cost or delivery nf the proposed goods and/or services.
9.2 A person or affiliate who has been placed on the convicted vendor Ued following a
conviction for public entity crime rnay not submit a proposal on a contract to provide any
goods or services to a public entity' may not be awarded or perform work as a Vendor,
supplier, subcontractor, or VENDOR under a contract with any public entity, and may not
transact business with any public entity in excess of the thnaahmN amount provided in
Section 287.017. Florida Statutes for CATEGORY TWO for a period of 36 months from
the date of being placed on the convicted vendor list.
END SECTION 0O1OD
Network Switching Euuipmcnt
SECT|ONOO2OO
PROPOSAL
The Proposal shall be submitted on the forms included in this section of the Proposal
Documents as previously instructed herein.
Item Description Pages
1. Proposal Form 18 - 19
2� Receipt of Addendum Form 20
3. Non-Collusion Affidavit 21
4� Lobbying and Conflict of Interest Clause 22
5. Drug-Free Workplace Form 23
G. Local Preference Form 24
7. SubVendor Listing Form 25
Network. Switching L(JUipment
PROPOSALFORM
BID TO. MOROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
1100 SIMONTON STREET
ROOM 1-213
KEY WEST, FLORIDA 33040
PROPOSAL FROM:
The undersigned, having carefully examined the Specifications, Proposal, and Addenda thereto
and other Contract Documents for the provisioning of;
NETWORK WITCHINU EQUIPMENT
The Base Proposal shall be furnished below in words and numbers. If there is an
inconsistency between the two, the Proposal in words shall control. The total base
proposal is the sum of the total prices provided on the proposal form without the
inclusion of the unit prices with are included
_. .... Dollars,,
..._.. .. ......... . ...._._._.... _ ...._
(Total Base Proposal- words)
(Total Base Proposal — numbers)
The proposal includes the requested equipment listed on page 2 of this form, management
software and services outlined in the statement of work in section 00300 all inclusive in the total
above.
Page 18 of 51 PROPOSAL 00200-
N4ax}rk Switching Euuipouen1
| Chassis based Network Switch configurable with various types of line cards (fiber or
copper) with a common back p|ane, n+1 redundant power supplies, redundant fan
modules, and redundant control modules populated with 24 or 48 port POE line card
modules a3 outlined below and including 5 years nf warranty support at8minimum
mf next business day (N8ID)
Chassis Switch Ports Needed Total Cost
Total of sites 288'336'432.192
Unit Price of Chassis with minimal control
Unit Price of48 Port POE Card
Unit Price of24 Port POE Card
2. 24 and 48 Port stackable POE based Network switches which provide 10/100/1000
autosnnming copper ports, fiber based efpoption. layer networking ompabi|ity. VLAN
support, Trunking, QOS, link aggregation grouping, switch aggregation and
clustering, 1 Gb/a uplink capability mte rninimuno, in u quantity as outlined be|mvv
including 5 years of warranty support at a minimum of next business day (NBD)
POE Stackable Quantity Total Cost
48Port 20 �
24Port 42
Unit Price mf 24Pmrt 48Purt �_______
1 8, 12 (or 16). and 24 Port non-POE based Network switches which provide
1O/1UD/1OOQauhomeneing copper ports, VLAN support, Trunking. Q{}S, link
aggregation grouping, switch aggregation and clustering, l Gb/a uplink capability ato
minirnunn, in a quantity as outlined below including 5 years of warranty support at a
minimum of next business day (NB[})
24Pod 8 �
12/16Pod 36
Unit Price of 24Port$ 12/16 Port
4. Proposer has equipment buy-back available Yea No____
Buy-back is included in solution price Yee____ No____
Network Switching EguiVrneoi
| acknowledge receipt of Addenda Nn.(s)
NV-____Dated
No. Dated
No. Dated
No.____Dated
No.—.--Dated-,
Pr0poa8r, states by his Check mark in the blank beside the form and by his signature that he
has provided the following forms (located in Section OO110):
m. Pnopoma| Forrn____.
b. Non-Collusion Affidavit
C. Lobbying and Conflict of Interest C}auoe____^
d. Drug-Free Workplace Forrn___.
e. SubVendor Listing Fmrm___,
(�qjjeq�.marlk items above, as a reminder.that they are include
Mailing Address:
Phone Number:
Date: Signed:
(Name)
---
(Title)
Witness:
Network. Switching F,quipment
SECTION 00200
NON-COLLUSION AFFIDAVIT
V, of the city .
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am
of the firm of
the proposer making the Proposal for the project described in the notice for callin<� for proposals
for:
and that I executed the said proposal with full authority to do so,
2. The prices in this proposal have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to
such prices with any other proposer or with any competitor;
1 Unless otherwise required by haw, the prices which have been quoted in this proposal have not
been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior
to proposal opening, directly or indirectly,to any other propose or to any competitor; and
4. No attempt has been made or will be made by the proposer to induce any other person, partnership
or corporation to submit, or not to submit, a proposer for the purpose of restricting competition;and
5. The statements contained in this affidavit are true and correct, and made with full knowledge that
said project.
... .
(Signature of Proposer) (Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
who,after first being sworn by me,(name of individual signing)affixed his/her signature in the space provided above
on this -------- day of.......... 2g--
------- -... ....
NOTARY PUBLIC
My commission expires:
Page 21 of 51 PROPOSAL 00200-
Network Switching Equipment
SECTION 00200
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
..... ........
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County
officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No, 010-1990, For breach or violation of this provision the County may, in its discretion,
terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift„ or consideration paid to the former
County officer or employee".
(signature)
Cate:
STATE OF:
COUNTY OF:
Subscribed and sworn to(or affirmed)before me on (date)
by,- ._.......... .... ...__ _ _........... ..._. .. __._...._.____. ...... .... ._ (name of affiant). He/She is personally known to me
or has produced .__..... . _..__ ....._... .... as identification. (Type of
identification)
------------ .................................. ......... .. ........... .
NOTARY PUBLIC
My commission expires:
Page 22 of 51 PROPOSAL 00200-
Network Switching 11"quipu're nt
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture„ distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition..
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea of
guilty or nolo contendere to, any violation of Chapter 693 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Proposers Signature
Date
Page 23 of 51 PROPOSAL 00200-
Network Switching [`qUiptnent
LOCAL PREFERENCE FORNI
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this form.
N',flTIC ofBidder/Responder w. Date:
1. Does the vendor have a valid receipt lot- the business tax paid to the Monroe County Tax Collector dared at least
one year prior to the notice or request Ior bid or proposal? (I'lease furnish copy.)
2. Does the vendor have a physical business address located within Monroe County from which the vendor operates
or performs business on a day to day basis that is a substantial cornponent of the goods or services being offered to
M0IIr0e (1701111ty?
List Address:
Telephone Number: —----_
B, Does the vendor/prime Vendor intend to subcontract 5W14 or more of the goods, set-vices or construction to local
businesses meeting the criteria above as to licensing and location'?
ll'yes, please provide:
I. Copy of'Receipt of'business tax paid to the Monroe County Tax Collector by the subVendor dated at least one
year prior to the notice or request lot-bid or proposal.
2. SubVendor Address within Monroe County front which the subVendor operates:
TeL Number.
Print.Name:
Signature and Title of Authorized Signatory for
Bidder/Responder
STATE OF
COUNTY OF
On this day of' ---------- 20--,-.---,, before me, the Undersigned notary public,personally appeared
known to me to be the person whose narne is subscribed above or who produced
....................._........... as identification, and acknowledged that he/she is the person who executed the above local
Preference Form for the purposes therein contained.
Notary Public
---------------------_--_----------
Print Natne
My commission expires: Seal
Page 24 of 51 PROPOSAL 00200-
Network `witching EgUillment
`tiUBVENL)OR LISTING FORM
Divr;imm Subverr<.or Contact Person Ph#Nv/racer code Fav CeH: Address
END SECTION 00200
Page 25 of 51 PROPOSAL 00200-
Network Swi1&hing6quipcoco1
SECT|ON003OO
SCOPE {JFWORK
1.1 Toek.l
Provide necessary skills transfer and training to enable Owner's staff to install and
configuire each different type of network switching equipment to be provided in response
to this F(FP.
1.2 Task 2�
Provide necessary skills transfer and training to enable Owner's staff to install and
configuire, network management software included in response to this RFP.
1�3 Task-,3
Provide necessary skills transfer and training to enable Owner's staff to fully utilize the
network equipment manufacturer's warranty and support systems.
END OF SECT|ONOD3OO
Network Switching Eouipmunt
Section 00400 - DRAFT CONTRACT
AGREEMENT FOR
r`��/ x�_�_w/�_/ , / ' �// ~
NETWORK SWITCHING EQUIPMENT AND ASSOCIATED SERVICES
This Agreement (^Agreernent") made and entered into this ay of
. 20____ by and between Monroe Counh/, o political subdivision of the
Shsba of Florida, whose eddmaeo is 1100 Simonton Street, Key VVeSt, Florida, 33040. its
successors and memigne, hereinafter referred to as "COUNTY," through the Monroe
County Board of County Commissioners ('B[)CC'^),
AND
' a f the
State of . whose oddnaam is
its successors and aSsigns,
hereinafter referred to as "VENDOR",
VV|TNESSETH:
WHEREAS, COUNTY desires to employ the services of VENDOR for the
provision of network switching equipment and associated professional services; and
VVHEFlEAS. VENDOR has o0naed to provide network switching equipment and
associated professional men/ioea which shall include but not be limited to providing
training and skills transfer for the installation and management of said networking
oguipment, which shall collectively be referred to as the "Project";
N{}VV. THEREF(}RE, in consideration of the mutual pronniees, covenants and
agreements stated herein, and for other good and valuable CVnaideratiwn, the sufficiency
of which is hereby eoknow|ed8ed. COUNTY and VENDOR o8mae as follows:
�/���n� ��� &��������P��hJ7-
. ��/ wv/ ��/ AGREEMENT
1.1 REPRESENTATIONS AND WARRANTIES
By executing this Aonaonnent. VENDOR makes the following express representations
and warranties to the COUNTY:
1.1.1 The VENDOR shall maintain all necessary |icenmea, permits or other
authorizations necessary to act as VENDOR for the Project until the VENDOR'S
dudes hereunder have been fully satisfied;
Page 27 of 51 DRAFT AGREEMENT 00400-
Network Switching Guoiprneni
1.1.2 The VENDOR has become familiar with the |VCg\ CVndbiODS under which the
Work is to be completed.
1.1.3 The VENDOR Sh4U prepare all docurnent@tioD required by this Agreement in
such o manner that they Sh@U be 3ccurate, coordinated and adequate for use in
verifying work completed and shall be in conformity and Cnrnp|y with all
applicable |aw, codes and regulations. The VENDOR warrants that the
documents prepared as o pad 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 tQ missing ur
incorrect information;
1,1.4 The VENDOR assumes full responsibility to the extent e||mvved by levv with
regards k/ 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 tm this agreement, the VENDOR shall abide byall
eta\utea, ordinanoem, rules and regulations pertaining to, or regulating the
provisions of such services, including those now in effect and hereinafter
adopted. Any violation of said etmiuiee, ordinannes, 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
(m 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. NV statement contained in this agreement
ahe|| be construed so as to find the VENDOR or any of his/her emp|oyoee,
contractors, eervants, 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 reoe,
creed, oo|or, national origin' aex, mQe, or any other characteristic mr aspect which
is not job ra|mted, in its reoruiLing, hiring, promoting, tmrrnioating, or any other
area affecting employment under this agreement or with the provision of services
0r goods under this agreement.
1.1.8 The VENDOR shall complete the scope of services no later than
days from the Notice tV Proceed issued by the COUNTY.
SCOPE OF BASIC SERVICES
2.1 DEFINITION
Page 28cMb1 DRAFT AGREEMENT 00400-
Network Sp/ibclingEuuipoTcot
VENDOR'S Scope of Basic Services consist of those dQGChb8d in Attachment A. The
VENDOR shall commence work on the services provided for in this Agreement promptly
upon his receipt ofa written notice tQ proceed frorn the COUNTY.
2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
The VENDOR shall, without additional compensation, promptly correct any 9|ror8.
omissions, deficiencies, or conflicts in the work product of the VEN[)UF< or its
GubVEND(]R5. Drboth,
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 vvhbng and hand delivered or mei|ed, postage pre-paid, to the COUNTY by
certified mail, return receipt requested, to the following:
Mr. Robert R. Ward
Director of Information Technology
Monroe County
12OO Truman Ave, Ste 211
Key West, Florida 33040
And: Mr. Roman Gaoteei. Jr.
Monroe County Administrator
11OO Simonton Street, FkVom2-2O5
Key West, Florida 33040
For the VENDOR:
ARTICLE III
ADDITIONAL SERVICES
3.1 Additional services are services not included inthe Scope of Basic Services.
Should the COUNTY require additional services they shall be paid for bythe
COUNTY at rates or fees negotiated at the time when services are required, but
only if approved by the COUNTY before commencement.
3'2 |f Additional Services are required the COUNTY shall issue a letter requesting
and describing the requested services to the VENDOR, The VENDOR shall
respond with a fee proposal to perform the requested services. Only after
Page 28of 51 DRAFT AGREEMENT 00400-
Network Switching Equiprilent
receiving an amendment to the Agreement and a notice to proceed from the
COUNTY, shall the VENDOR proceed with the Additional Services.
ARTICLE...IV
C100-NTY"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
subVEDORs shall be solely for the purpose of determining whether such
documents are generally consistent with the COUNTY's criteria, as, and if,
modified. No review of such documents shall relieve the VENDOR of
responsibility for the accuracy, adequacy, fitness, suitability or coordination of its
work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete
the work.
4.7 Any information that may be of assistance to the VENDOR that the COUNTY has
immediate access to will be provided as requested.
ARTICLE_V
INDEMNIFICATION AND HOLD HARMLESS
5.1 The VENDOR covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners,
its officers and employees from liabilities, damages, losses and costs, including
but not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentional wrongful conduct of the VENDOR,
subcontractor(s) and other persons employed or utilized by the VENDOR in the
performance of the contract.
Page 30 of 51 DRAFT AGREEMENT 00400-
Network Switching Eou I'll n1au
5.2 The first ten dollars ($10.00) of remuneration paid to the VENDOR is for the
indernnifiCatiUn provided for above. The extent of liability is in no way |irnikad 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 heshall hold the COUNTY
harmless and shall indemnify him from all losses occurring thereby and shall
further defend any claim or action dn the C{}UWTY'Sbehalf.
5.3 In the event the completion of the project (to include the work of others) is
delayed or suspended as m 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 ShoU indemnify it from all losses
occurring thereby and shall further defend any dainnG or action on the
CC}UNTY'8beha|f.
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
6.1 PERSONNEL
The VENDOR shall assign only qualified personnel to perform any service concerning
the project. Ad the time of execution of this Agreement, the parties anticipate that the
following named individuals will perform those functions as indicated:
NAME FUNCTION SO long as the individuals named above remain actively employed or retained by the
VENDOR, they shall perform the functions indicated next tu their names, |f they are
replaced the VENDOR shall notify the COUNTY mf the change immediately.
ARTICLE VJJ
Page 31cxwl DRAFT AGREEMENT 00400-
Network Svvib])ingEouipo'8n(
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the VENDOR in current funds for the network equipment
provided by the VENDOR in performance of this Agreement based on rates
negotiated and agreed upon and shown in Attachment A.
7.1.2 The COUNTY oheU pay the VENDOR in current funds for the VENDOR'S
performance services related to this Agreement based on rates negotiated and
agreed upon and shown in Attachment B.
7.2 PAYMENTS
7.2.1 For its providing said networking equipment as set forth herein. the VENDOR
ahoU be paid as equipment is ordered by the COUNTY pursuant Uothis Project.
Payment will be made pursuant to the Local Government Prompt Payment Act
218.70. Florida Statutes.
(A) If the VENDOR'S dutiee, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this
Agreemont, compensation due to the VEN[}[}F< shall be equitably
adiuSted, either upward ordovvnward�
(B) As m condition precedent for any payment due under this Agreement, the
VENDOR ehmU aubrnit, 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 dutieo, 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 21G.7O. Florida Statutes.
(A) If the VENDOR'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this
Agreennent, oonnpmnmabwn 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 C[)UNTY, a proper invoice to
COUNTY requesting payment for services properly rendered and
reimbursable expenses due hereunder. The VENDOR'S invoice shall
describe with reasonable particularity the service rendered. The
Page 32or5/ DRAFT AGREEMENT 00400-
Network Switching I"uuipunent
VENDOR'S invoice shall be accompanied by such doUunnenb9tiOn 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 p 'eC1-
a. Expenses Vf transportation submitted by VENDOR, in writing, and living
expenses in connection with travel authorized by tile C()UNTY, in writing, but
only b] the extent and in the amounts authorized by Section 112.O61, Florida
Statutes;
b� Cost of reproducing manuals or other materials used in performing the scope
of services;
,
c. Postage and handling nfreports;
7.4 BUDGET
7,4.1 The VENDOR may not be entitled to receive, and the COUNTY ie not obligated
to pay, any fees or expenses in excess of the amount budgeted for this contract
in each fiscal year (October 1 - September3O) by C{}UNTY'a Board of County
Commissioners. The budgeted annmunt may only be modified bymnaffirmative
act of the C(]UNTY'e Board Vf County Commissioners.
7.4.2 The C()UNTY`a 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 Vill
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, thm
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 ofV| 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 anendorsement providing sixty (6O) days notice tn the COUNTY
prior to any cancellation of said coverage. Said coverage shall be written by an
insurer acceptable to the COUNTY and shall be in a form acceptable to the
COUNTY.
Page 33cnn1 DRAFT AGREEMENT 00400-
y4ctvodk Switching Equipment
83 VEN[}(]H 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 mePnb8nS of the public and/or damages to property of
others arising from use of motor vehicles, including Vnsite and offsite
UperatiOnG, and owned, hired nr non-owned vehicles, with One K4H|inn Dollars
($1'000.000.00) combined single limit and One Million Dollars
($1,000.OQO.00) annual aggregate.
[]� Commercial general liability, including Personal Injury Liabi|ity, covering
dainnm 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
ernp|Vyeea, agents or subcontractors or aubVENDC)Ra. including Premises
and/or Operadono. 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 pm|ioy, its provisions should include coverage for
claims filed on or after the effective date of this contract, In addition` the
period for which o|airna may be reported must extend for a nninirnurn of 48
months following the termination or expiration of this contract.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per
occurrence and Two Million Dollars ($2'OOU.000.DO) annual aggregate. If the
policy is a "claims made" po|icy. VEN[)DFl shall maintain coverage Or
purchase a "tai|^ bo cover claims made after completion of the project t000ver
the statutory time limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named mman additional insured with respect toVENDOR'S
liabilities hereunder in insurance coverages identified in Paragraphs C andD.
G. VENDOR shall require its subVEN[}ORsto 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 eubVEND(]RS.
H. VENDOR shall provide to the COUNTY certificates of insurance or copy of
all insurance policies including those naming the COUNTY as an additional
insured. The COUNTY reserves the right to require a certified copy of such
policies upon request.
Page 34gf 51 DRAFT AGREEMENT 00400'
Nc1pa)rk Switching Euuipnzult
i If the VENDOR participates in a self-insurance fund, o 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
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 pod of this Aonsornent 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 be|ongto1heCOUNTY
and may be reproduced and copied without acknowledgement mrpermission of
the VENDOR.
93 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 ahm|| comply with
all of the provisions of this agreement. Subject to the provisions of the
immediately preceding eentenoe, each party hereto binds itae|f, its ouoceammre,
assigns and legal representatives to the Other and to the suucesSors, assigns
and legal representatives of such other party,
9.4 N{] THIRD PARTY BENEFICIARIES
Nothing contained herein aho|| create any re|etionsh|p, contractual or uthenmise,
with or any rights in favor of, any third party.
9.5 TER80|N/\T|[>N
A. In the event that the VENDOR shall be hound to be negligent in any aspect of
service, the COUNTY shall have the right \o terminate this agreement after
five days written notification io 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.
3.6 CONTRACT DOCUMENTS
Page 35nro/ DRAFT AGREEMENT 00400-
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This contract CQMSiQtS of the Request for Pn]posa|S, any addenda, the Form of
Agreement (Articles |-\X), the VENDOR'S response tVthe RFP, tile documents
referred to in the Form of Agreement as o pad of this Agreennent, and
attachments , and modifications made after execution by
written 8rnendmenL 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 $ bid on contracts to provide any
goods or services to a public entity, may not Submit 8 bid on @ contract with a
public entity for the construction or repair Qfo 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 cVntractor, suppUer, subcontractor, or VENDOR under m
contract with any public endty, 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 fore period of36 months from tile 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 heneto, and may naauh in debarment from
COUNTY's competitive procurement activities,
In addition to the fonagoing. VENDOR further represents that there has been no
dmbarminatiVn, based on an audit, that iiorany subVEWOOR has committed on
act defined by Section 287.133, Florida Statutee, as a "public entity crime" and
that ithas not been formally charged with committing an act defined as e "public
entity crime" regardless of the amount of money involved or whether
C[)NUSULTANT has been placed on the convicted vendor list.
VENDOR will promptly notify the COUNTY if it or any subcontractor or
subVENDOR is formally charged with an act defined as o "public entity
crime" orhas been placed onthe convicted vendor list.
9.8 MAINTENANCE OF RECORDS
VENDOR shall maintain all booke, n*onrda, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Records ghoU be retained fora period
of five years from the termination of this agreement. Each party to this
Agreement or its authorized representatives shall have reasonable and timely
eooeae to such records of each other party to this Agreement for public n*omnJo
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, V, were wrongfully retained by
Page 36nl5l DRAFT AGREEMENT 00400-
Network Switching Equipment
the VENDOR, the VENDOR shall repay the monies together with interest
calculated pursuant to Sec. 55.03. of the Florida Statutes, running from the date
the monies were paid by the COUNTY.
9,9 GOVERNING LAW, VENUE. INTERPRETATION, COSTS. AND FEES
This Agreement shall be governed by and construed in accordance with the |avvS
of the State of Florida applicable to contracts nnade 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 16m Judicial Circuit, Monroe
County, Florida, in the appropriate court or before the appropriate administrative
body. This agreement shall not be subject toarbitration. Mediation proceedings
initiated and conducted pursuant k] this Agreement Sh@U be in accordance with
the Florida Rules of Civil Procedure and ueua| and customary procedures
required by the circuit court of Monroe County.
9.10 SEVERAB|L|TY
If any bsrm, 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 juriadiction, the remaining te,nne,
oovonants, conditions and provisions of this Agreement, aheU not be affected
thereby; and each remaining bmrm, oovenont, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcernent 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 ogn*m 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 /4TTORNEY^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
enfVnoannmnt or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fe8s, court oosts, inveaUQa\ive, and out-of-
pocket expenses, as an award against the non-prevailing party, and shall include
mUnrney's #ams` courts ooeta` inveatigotive, and out-of-pocket expenses in
appellate proceedings.
9.12 BINDING EFFECT
The terms, omvmnante, onndidnna, and provisions of this Agreement ahoU 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 tothe other that the exeoutimn, delivery and
performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required bylaw.
Page 3/ c457 DRAFT AGREEMENT 00400-
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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 app|iCati0ns, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
9,15 ADJUDICATION C)FDISPUTES OR DISAGREEMENTS
COUNTY and VENDOR agree that all disputes and disagreements shall be
attempted tube 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 Corn miss ioners. If the issue or issues are
SJiU 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, ex8oution, performance, or breach of this
Aoneement. COUNTY and VENDOR agree to participate, to the extent required
by the other party, in all pn]CeedingS, heurimgS, pnocesSe3, meetings, and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. COUNTY and VEN[){}Fl 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
penaon, 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 pert of any party,
effective the date of the court order. VENDOR or COUNTY agrees to onnnp|y
with all Federal and Florida atatutme, and all local mrdinanums, as opp|icab|e,
relating to nondiscrimination. These include but are not limited to: 1) Tide N of
the Civil Rights Act of 1904 (PL 88-352) which prohibits di3Crimination on the
basis of race, color or national origin; 2> Title |% of the Education Amendment of
1972, as amended (20 USC Ss. 1881-1683. and 1685-1880), which prohibits
discrimination on the basis of sex; 3\ Section 504 of the Rehabilitation Act of
1973, as amended (20 USC a. 794), which prohibits discrimination on the basis
of handicaps; 4) The Age Discrimination Act of 1975, as annended (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 annended, relating to
nondiscrimination on the basis of drug abuse; 6> The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL
91-618\, as amended, na|mt|ng to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7\ The Public Health Service Act of 1912. ss. 523 and 527 (42
Page 38 of 51 DRAFT AGREEMENT 00400'
Network Svvi1cbing [9uipmeoi
USC 6S. 690dd-3 and 280ee-3). as 8mended, relating to confidentiality of alcohol
and drug abuse patient records� 8) Title VU| of the Civil Rights Act of 1968 (42
USC s. fdSeql as amended, relating to nondiscrimination in the sale, rental or
financing of housing; S\ The Americans with Disabilities Act nf1S9O (42 USC S.
1201 NUt8), 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, co|or. Sex, rehgioo, national oriQin,
ancestry, sexual orientation, gender identity or expreSsinn, familial status Or age;
11\ Any other nQndiscrimination provisions in any Federal or state statutes which
may apply b) the parties to, 0rthe Subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
VEN[)(}Fl and COUNTY covenant that neither presently has any intenaat, and
shall not acquire any interest, which vvnu|d conflict in any manner Vr 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 Staiutea, reganding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public pVsitimn, conflicting employment or
contractual relationship; and disclosure or use of certain information.
9.20 NQSOL|C|T4T|gN/PAYK8ENT
The VENDOR and COUNTY warrant that, in respect to itme|f, it has neither
employed nor retained any company orperson, 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 pereon, oornpony, oorponahon, individue|, or firm, other than a
bona fide employee working solely for it, any hme, connrniosion, penoentage, 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 dieoretion, to offset from monies owed, or otherwise peoover,
the full amount ofsuch fee, onnnmieaimn, penoenba8e, 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
mr under its control subject tothe provisions ofChapter 119. Florida Statutee, 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.
8.22 NON-WAIVER OF IMMUNITY
Page 39uT5l DRAFT AGREEMENT 08400-
Network Switching Equipment
Notwithstanding the provisions of Sec. 708.28, Florida Statutes, the participation
of the VENDOR and the COUNTY in this Agreement and the acquisition of any
commercial liability insurance o0wenBge, self-insurance coverage, or local
government h@bi|ih/ insurance pool Coverage shall not be deemed a waiver of
immunity tDthe extent Pfliability coverage, nor shall any contract entered into by
the COUNTY be required to contain any provision for waiver.
9.23 PRIVILEGES AND |K8K0UN|TiES
All Of the privileges and immunities from liability, exemptions from |avvs.
Ordin@nces, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply tothe 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, aQentS, vg|unteerS, or employees out5ide
the territorial limits of the COUNTY.
8.24 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
extant 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 ehoU it be
construed as, authorizing the delegation of the constitutional or statutory duties of
the COUNTY, except to the extent permitted by the Florida oonstitutimo, state
statute, and case law.
9.25 NON-RELIANCE B^/ 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 toenforce any third-party claim or entitlement tu
or benefit mfany service or program contemplated henaundmr, and the VENDOR
and the COUNTY agree that neither the VENDOR nor the COUNTY or any
agent, offioer, or employee of either shall have the authority to inform, oounse|, or
otherwise indicate that any particular individual or group of individua|e, entity or
entitiem, 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 |NNEGOTIATION
VENDOR agrees to execute such documents as COUNTY may reasonably
naquire, including m Public Entity Crime Statement, an Ethics Statennmnt, and o
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 tsCtu8| unit costs supporting the oornpenaedmn pursuant to the
Agreement are auourate, oonnp|ete, and current at the time of contracting. The
original contract price and any additions thereto shall be adjusted to exclude any
Page *Vo' 5l DRAFT AGREEMENT 00400-
Network Switching Eou1'po\cot
significant sums by which the agency determines the cOrdn3Ct price was
increased due to inaccurate, inoornp|ete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following
the end 0f the Agreement.
9.27 NO PERSONAL LIABILITY
No covenant qr agreement contained herein shall be deemed tnbe@ covenant Or
agreement of any member, officer, agent or employee of Monroe County in his or
her individual CapoCih/, and no rnember, officer, agent nr employee ofMonroe
County shall be liable personally on this Agreernent or be Subject to any personal
liability or accountability by reason nfthe execution of this Agreement,
9.28 EXECUTION |NCOUNTERPARTS
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 - |tiethe
policy of the COUNTY that DBE's. as defined in49C.F.R. Part 26. ee
amended, shall have the opportunity to participate inthe performance of
contracts financed in whole orin part with COUNTY funds under this
Agreement, The DBE requirements of applicable federal and state laws
and regulations apply tn this Agreement. The COUNTY and its VENDOR
agree io ensure that DBE'a have the opportunity Lo participate inthe
performance of this Agreement. In this regord, all recipients and contractors
shall take all necessary and reasonable steps in accordance with
applicable federal and state |evvm and regulations to ensure that the DBE'a
have the opportunity to compete for and perform contracts, The COUNTY
and the VENDOR and Subcontractors shall not discriminate nn the basis of
race, oo|or, national origin or sex in the award and performance of
nVnireotm, entered pursuant io this Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its
duly authorized representative mn the day and year first above written.
(SEAL) BOARD OF COUNTY
COMMISSIONERS
Attest: AK4Y HE8V|L|N' Clerk OF K0ONROE COUNTY, FLORIDA
By�
Page 41 or 51 DRAFT AGREEMENT 00400-
Network Switching Equipment
Deputy Clerk Mayor/Chairman
Date:
(Seal) VENDOR
Attest:
BY:_....... By:................. .................
Title:
END OF AGREEMENT
Page 42 of 51 DRAFT AGREEMENT 00400-
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