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Res No 070-14-14164RESOLUTION NO.70-14-14164 A Resolution authorizing the CityManagerto enter into anInterlocal Agreement with Miami-Dade County forIT maintenance and support services foran annual amount of $165,500. WHEREAS,the Citywishesto enter intoan Interlocal Agreement with Miami-Dade Countyfor IT maintenance and support services;and WHEREAS,the City's current IT maintenance and support services contract isona month-to- monthbasisthrough September 30,2014,butcanbecanceledwitha30-daywrittennotice;and WHEREAS,the Cityrequires IT support and maintenance to support critical operations and business of the City;and Whereas,theCitysolicitedproposalsfor IT maintenanceandservicesthrougha RFP processand the CityManagerrejected all proposalsreceivedsincenoneof the proposals met or exceeded the offering,orprovidedthebredthofservicesofferedby Miami-Dade County;and WHEREAS,Miami-DadeCounty submitted anInterlocal Agreement to the Cityfor consideration to perform various IT services. NOW,THEREFORE,BEIT RESOLVED THE MAYOR AND CITY COMMISSION OFTHECITYOF SOUTH MIAMI,FLORIDA: Section 1.TheCityManageris authorized to enter intoanInterlocal Agreement with Miami- Dade County,for IT maintenanceandsupport services,foranannual amount of$165,500and expiring September 30,2014.The Interlocal Agreementmaybeterminatedbyeitherpartywitha120-day noticeanditmaybe renewed with the approvaloftheCityCommission.Acopyof the agreement is attached. Section2.Severability.Ifanysection,clause,sentence,orphraseofthisresolutionisforany reasonheldinvalidor unconstitutional byacourtof competent jurisdiction,thisholdingshallnot affect the validity of the remaining portions of this resolution. Section3.Effective Date:Thisresolutionshalltake effect immediately upon enactment. PASSED AND ENACTED this 15tftavof April 2014. READ AND APPROVED AS TO FORM, LANG^efelEGAUTYAN!; E&EetfflQ^THEREOB APPROVED: MAYOR COMMISSION VOTE:4-1 Mayor Stoddard:Yea Vice Mayor Harris:Yea Commissioner Welsh:Yea Commissioner Liebman:Nay Commissioner Edmond:Yea To: From: Date: Subject: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor&Membersof the CityCommission StevenJ.Alexander,CityManager April 15,2014 South Miami 2001 IS Background: A Resolution authorizing the City Manager to enter into an Interlocal Agreement with Miami-Dade County for IT maintenance and support services for an annual amount of $165,500. TheCityissuedaRequestforProposalforITMaintenanceandServicesasaresultofthe City's current IT contractor,IDC,advising theCitytheywouldnotberenewingtheir agreement set to expire,September 30,2013.The RFP waspostedontheCity'swebsite, Demand Starand advertised in the DailyBusinessReviewand Miami Herald. TheCityreceivedeight(8)proposals that were reviewedbyaSelection Committee.The Committee,comprised of;Kelly Barket,Public Works Superintendent,Rene Landa,Police Chiefand,Alfredo Riverol,Chief Financial Officerreviewedtheproposalsandcreateda "short-list"numbering three proposalsanddecided to interview those firms. In addition to the Selection Committee,Mr.Dennis Deblois,President/IDC,acted asa technical expert toassistthecommitteeasthey analyzed eachproposal.It must be noted and pursuant to F.S 287.057,Section 2.Sub-section a),b)and c),since IDC had access to source selection information the IDC is not eligible to contract with the City for this required service.WhileIDCprovided technical expertise andprofessionalopinion,theydidnot score andrankproposalsand,werenot present when the Selection Committee performed that task. Each firm thatrespondedtothe RFP did not possess significant municipal andgovernment experience whileactingasaprimaryon-siteITservicesprovider,therefore itismybelief thatan Interlocal Agreementwith Miami-Dade CountyisinthebestinterestoftheCity. I havedecided to reject allproposalsreceivedfor RFP #IT-20I4-0I and recommend the Interlocal Agreementwith Miami-Dade County's Information Technology Department (ITD)andleveragetheirvastresourcesandexperienceingovernmentalinformation.Itis an opportunity which will provideCity'spersonnelwiththe ability toprovideimmediate serviceand response to better toserve the City's departments,residents,businesses,and visitors. Miami-Dade Countyhasone goal in mind,which isdirectly in-line withthe City's objectives,to providethebest possible servicetoresidents,businesses,andvisitorsofthe CityofSouth Miami.Miami-Dade Countyisagovernmental agency,likeSouth Miami. Both agencies already havemanydirect relationships;radios,GIS data,property assessments,etc. Miami-Dade Countyhassubmittedan Interlocal Agreement thathasbeenimprovedbut thatis substantially thesameinscopeandcovered services thatwaspresentedtothe CommissiononSeptember 17,2013.Asummaryoftheofferingisbelow:** Covered Services The Miami-Dade Countycoveredservicesectionoftheagreement includes theAV equipment and any and all new purchases of equipment bythe City.ThenewAV system which was installed in December 2013.TheAVsystemwasnotstated within the covered section ofthe interlocal thatwas presented tothe Commission onSeptember 17,2013, because theitem had notyetbeen purchased.Thenewsystemis completely Microsoft windowsbasedandinessencesis nothing morethana hi-end computer. County Ticket System TheCityofSouth Miami currently utilizes an internal ticketingsystem,similar totheone being presented by Miami-Dade County's ITD.Itis critical for management purposes that all City personnel utilize a ticketing system.The system isnot only used for the purpose of providingservice,butawayformanagementto determine where there are constant issues andmakecertaindeterminationswithreferencetoequipmentneeds. The Miami-Dade Countyticketsystemis available via phone 24-7,365-days a year.Oncea ticket isopenedit will be automatically assigned tothe designated ITservice technician assigned to theCity.TheITservice technician will attempt toresolvetroubleoverthe phone,within minutes,versus waiting fora technician tovisitwhentheyare available.The County'sticketsystem will be upgrade laterthis calendar yearto provide self-service web- based ticketsystem.This will eliminate holding onthephonewhen reporting troubles. Citypersonnelwillbe receiving immediateservicebyCountyonsite technician,andatno additional costtothe City,irrelevant towhenthe call is made;during regular hoursor after-hours and remote access to address the issue is available at those times which will eliminatemanyoftheCitypersonnelissues immediately. Public Records Request The County willprocess public recordsrequestbythird-partiesrequestingCity public records atnocharge;thisactivityisincludedinto the baserate.Anyand all requests made to ITDfrom the Citywillbe treated aspart of the ITMaintenanceandService Agreement and will beprovidedatabsolutelyno additional cost totheCity. Excluded Services TheCounty excluded Website Support,Communications (Phone,Cellular Phones, Voicemail)Support,andCity's ERP Systemand work conductedafter-hours. Special Technician Requests Special technicians suchas Microsoft Exchange,Firewall Specialist,etc.iscoveredunderthe IT Maintenance and Service Agreement during the specified working hours.Only Special Technician Requests which occur after-hours are charged tothe City.Historically,within thepast 3-years it has beena rare occurrencethattheCity has required on-site technician services onan emergency basis. In the unlikely event Public Safetyisinvolvedinan after-hour issue,adecisionwillbemade by competent authoritywithinthe Police Department,asdonetoday,if services are required outsideof normal working hours.TheCity has implemented redundancy in an efforttoreducetherequirementforanon-site technician.TheCity's Police Department hasthreedifferentsystems providing servicesandbackup (OSSI withthree dedicated terminals,CountyCAD,andDedicatedcircuittotheCounty). Contract Cancelation TheCountyisa public entitynodifferentthantheCityofSouth Miami andhasonlyone goalinmind,providethebestpossibleneededservices to the residents,businessesand visitors of the City.As mentioned,for-profit entities have atotally different philosophy, how to increase their bottom line,irrelevant if services are needed or not Terminationoftheagreementwiththecountyas specified withinthe Interlocal Agreement is 120-days whichwillprovidetheCityampletimetore-evaluateanddecidefor the next possiblestepforthecity.Aswithanyprivateentity,theriskofgoing out ofbusinessis alwaysagreat concern. Ensure System Accessibility In the unlikely eventofanafter-houremergencyand remote accessis unavailable,a decision will bemadetodefertillthe following workdayorif critical onsiteservice will be requested.However,asstateabove,historically,withinthepast3-yearsithasbeenarare occurrencethattheCityhasrequiredon-site technician servicesonanemergency basis. Expense Attachments: New Services,Special Projects and Rates The City will always attemptto provide New Services and Special Projects within the regular normal business hours,withsubjectmatterexpertsand IT professionals from the county,aspartofthe planning phase.If theNew Service or Special Projectisnot possible tobe included during the regular working hours,thentheNew Services and Special Projectsrateswould apply. Lastly,all Special Projects and New Services should be discussed,reviewed,and approved during the budget process.Any additional charge for Special Projects andNew Services will beproposed within the annual budgetfor Commission approval.Items relatedtothe costfor Special Projects and New Services istreatedno differently today with IDC than how it will be when the City enters into an Interlocal Agreement with Miami-Dade County. $68,960 (Based on $165,500 Annual Fee)April,2014 to September 30,2014 to Account No.001-1340-513-3450 withabalanceof $95,916.65 Resolution Interlocal Agreement Miami-Dade CountyITD Organizational Chart F.S.287.057,Section 2.Sub-section a),b)&c) Miami-Dade Countymiam-uaae county InformationTechnology Interlocal Service and Maintenance Agreement INTERLOCAL SERVICE AND MAINTENANCE AGREEMENT ,«a THI®INTERL°CAL SERVICE AND MAINTENANCE AGREEMENT (.Agreement )is made and entered into by and between the CITY OF SOUTH MIAMI a municipal corporation within the State of Florida,having its principal office at 6130 Sunset TSiIf^TJ'FL 33143'<hereinafter sometimes referred to as the "Customer"or "City") offi^n ,"DmASESOUNTY'3P0UtiCal SUbdivisi0n 0f the State of F,orida'having its princ paofficeat111N.W 1*street,Miami,Florida 33128,(hereinafter referred to as the "County"orContractor")and is effective as of the /0*day of SfyrF/,2014. RECITALS WHEREAS,the County,through the Information Technology Department ("ITD")istheproviderofinformationtechnology("IT")services that enable and support the operations of au County departments,external government agencies,residents and the public at large;and *^uWHER?A?:*e City desires that the Countv'through the ITD>P^ide certain servicesa*™™e™esc"bed mAPPendix A"Sc°Pe of Services to the City for maintenance and support c,tys ^formation technology systems for the City's security firewall,exchange,network •Tf ^t'?°oaf Area Networks (SANS)>desktop computers,laptops,Apple products toincludeMACandIPaddevicesandanyandailadditionalperipherals;and +u „•WHEREAS'the Countv agrees to provide such IT maintenance and support services to the City pursuant to the conditions set forth in this Agreement which shall commence on the effective date,with a one-year options to renew that can be exercised by the City Commission unless terminated with thirty (30)days written notice by either the County or City or unless the ' Board ofCounty Commissioners fails to ratify this Agreement one (1)year from the effective date;and WHEREAS,Section 2-9 and 2-10 of the Code of Miami-Dade County provides that the County Mayor is authorized to enter into contracts on behalf of the County with other governmental units for joint performance with the County of any function or service which the County is authorized or directed to perform subject to ratification by the Board of County Commissioners within one (1)year from the effective date;and WHEREAS,this Agreement will be submitted to the Board of County Commissioners tor ratification within one(1)year; NOW,THEREFORE,in consideration of the mutual covenants and conditions contained herein,the mutual promises of the parties,and other good and valuable consideration,intending to be legally bound hereby,the parties do hereby understand,acknowledge and agree as follows: -1- VSlSt^fc °^nty ^^•Information TechnologyInterlocalServiceandMaintenanceAgreement ARTICLE 1.DEFINITIONS The following words and phrases when used in this Agreement shall have the following meanings: 5pm "R?!I,ar Bu*fn»s Hours"shall mean the County will deliver services from 8AM until s™oZ^ls^:^C°T h°l^yS °bS™d by Miami"Dade Coun*governmTnt"such other times as the ITD is not generally open for the delivery of services to its customers. this Agreemernt.Shan m6an "^^emP,°yee authorized ^the Cft*t0 retiuest services under t«„«"MasteriSysitem Administrator"shall mean the County personnel designated with thecov^Tk^0"lrl °Ver *"f°r SyStem manage™"t and administration for dry ITs^TscoveredbythisAgreement.The Master System Administrator is charged with theTesponsSyofadministeringtheproperlevelofpermissionstoallUser's.raponsimmy of vJZST*Adminiftrator"sha11 mean the County personnel designated with alower levelofsystempermissiontomaintainITsystemscoveredbythisAgreement.The SystemAdministrator,s charged with delivery of Trier 1support for City IT systems. h»r "°"u".Sit^ITLService Technician"shall mean the person(s)designated by County with to ^WS^V7 °f IT ST°rt S6rViCeS t0 thC Ci*The IT «*»technician^)Tvlu yf ,Admmistrato'-^ess for troubleshooting reported problems and coordinatingoveralloperationalsupportfortheCounty,as well as serving as Vendor liaison. "1st Tier Support"shall mean support provided by designated Onsite IT ServiceTechnicianandshallconsistofthefirstpointofcontactforcustomersupportofpolice toUPZe°th US?Vhe °nSite IT Service Technician wiU have Sy*™Administrator accesstotriagetheissuetodeterminewhetheritistechnicaloroperational,shall resolve operational issues and respond to questions concerning the use of the system.Technical issues that cannot be resolved by the Tier Support Person shall be reported to the County's ITD's Help Desk which will forward to the County Master System Administrator. aa ••?.,^uPP°rt"snaU mean support provided by the County Master SystemAdministratorandshallconsistoftechnicalissuesreportedthathavebeentriagedtodetermine JJ^ST md reS°lVed-AH technical issue not resoIved ^2nd Tier Support shall be reported to the3 Tier supportfor vendor resolution. "3r Tier Support"shall mean support provided by the hardware and software maintenance vendors under service level agreements with the City to provide customer support and maintenance.FF -2- Miami-Dade County InformationTechnology Department Interlocal Service and Maintenance Agreement "SANS"tomean Storage Area Networks (SANS)device.Thisdeviceis connected tothe networkandcontainsdiskordisksforstoringdata. "Vendor"shall mean responsible hardware or software manufacture or 3rd party vendor undercontractwiththeCityto provide customersupportand maintenance. "24/7/365"to mean twenty four hours,seven days and three hundred and sixty five days eachyear. ARTICLE 2.SCOPE AND TERM OF SERVICES 2.1.In accordance withthe provisions ofthis Agreement andin consideration ofthe payment by Customer ofthepriceforsuch services,the County,through its ITD,willmake commercially reasonable efforts toprovidetheCitywiththehighest quality,cost effective,County Services as setforthinAppendixA—Scope of ServicesandPricespursuanttothetermsandconditions of this Agreement. 2.2TheCounty will provide2080hours ofserviceunderthisagreement.Thesehoursinclude designated management and support to provide oversight and interface withtheCityastheneed arises,and project management hours as required.The County willmeetjointlywiththeCityto discuss delivery services and any special projects.The County will have subject matter experts attendas required toprovide recommendations of newITsystemsandsolutionstotheCityatno charge,included intheprice quoted.The designated primarypoint of contactwillbethefield supervisorand directors willserveas City's escalation contacts.Theywillbetheprimaryliaisons monitoring theservice delivery levels toensure optimalperformance. Mark Acquaviva, Supervisor John Concepcion,Division Director Jose Otero,Assistant Director Primary 2na Level 3ra Level 305-275-7927 mia@miamidade.gov 305-596-8368 inc@miamidade.gov 305-596-8409 iro@miamidade.gov 2.3.When the County performs services at locations under City control,City agrees to provide to County,atno charge,a non-hazardous environment forwork with shelter,heat,light,and power, andwithfullandfree access totheIT systems tobe serviced.Citywill provide all information pertaining tothe hardware and software necessary to enable County to perform its obligations underthis Agreement. 3- Miami-Dade County Information Technology Department Interlocal Service and Maintenance Agreement 2.4.TheCityherebyagreesto: 2.4.1.Maintain any and all electrical and physical environments in accordance withthe manufacturer's specifications foritsITsystems. 2.4.2.Provide standard industry precautions (e.g.back-up files)ensuring database security,per County's recommended backup procedures. 2.4.3.Ensure system accessibility,which includes physical access to buildings as well as remote electronic access.Remote access can be stipulated and scheduled with customer;however, remoteaccessisrequiredand will notbesubstitutedwithon-sitevisits if accessisnotallowedor available. 2.4.4.Obtain and provide to County all software licenses or other authorization necessary for the County to perform the services listed in Appendix A. 2.4.5.Provide County withoffice space within City property upon the commencement of this Agreement.The office space provided by City should include a telephone line,network connection,and will be located on the second floor of City Hall immediately abutting the City's existing server room which is approximately 10 X 10 and currently being occupied by the City's existing IT firm,to enhance County response time. 2.4.6.Be responsible for all recurring hardware and software operating maintenance expenses. 2.4.7.Purchase and maintain itsown internet service provider and related costs. 2.4.8.Develop a detailed continuity of operations plan to deal withboth natural andman- made disaster withthe cooperation ofthe County. 2.4.9-As part ofits annual budget preparation process,identify maintenance costs for the on-going system maintenance and present them to the County for review.The County's performance and obligation under this Agreement is contingent upon an annual appropriation and renewal of all required vendor system maintenance agreements bythe City.Cancellation of required vendor system maintenance agreements bythe City will cause all associated expenses associated with the system repairs by vendor for labor,repairs,replacement,and patching of such equipment as required tobe charged back to the City.The Agreement can be cancelled at any time bythe County with notified in writing,at least (120)days prior to cancellation.There will beno early termination charges from theCity for canceling Agreement during the year. 2.5.AllCity service requests shall be made as set forth in Appendix Aor as mutually agreed to by theParties. -4- Miami-Dade County Information Technology Department Interlocal Service and Maintenance Agreement 2.6The County will meetjointly with Cityto discuss delivery services andany ongoing special projects.The County will have subject matter experts attend as required to provide recommendations ofnewITsystemsand solutions totheCity.Thesupervisoranddirectorwillbe the primary liaisons monitoring the service delivery levels to ensure optimal performance. MarkAcquaviva,Supervisor John Concepcion,Division Director 305-275-7927 305-596-8368 Article 3.PRICING.PAYMENT AND TERMS mia@miamidade.gov inc@miamidade.gov ThecosttotheCityfortheprovision of servicesunderthisagreementareassetforthin AppendixA.TheCountywillprovidetotheCityamonthlyinvoice,andCitywillmake paymentstotheCountywithintwenty(30)daysafterthedate of eachinvoice.Overdueinvoices willbear simple interest attherate often percent (10%)per annum,unless suchrate exceeds the maximumallowedbylaw,inwhichcaseitwillbereducedtothe maximum allowablerate. Article 4.LIMITATION OF LIABILITY Notwithstandinganyotherprovision of this Agreement tothecontrary,exceptforpersonal ihjury ordeath,theCounty'stotal liability,whetherforbreach of contract,warranty, negligence,strictliabilityintort,or otherwise,willbelimitedtothedirectdamages recoverable under law,but not toexceedtheprice of twelve (12)months of Basic Maintenanceand Support Serviceprovided under this Agreement.ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OFSUCH LOSSES OR DAMAGES, THEY AGREE THAT THE COUNTY WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS;INCONVENIENCE;LOSS OFUSE,TIME,DATA,GOOD WILL,REVENUES,PROFITS OR SAVINGS;OR OTHER SPECIAL,INCIDENTAL, INDIRECT,OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY THE COUNTY PURSUANT TO THIS AGREEMENT.No action for contract breach or otherwise relating tothe transactions contemplated bythisAgreementmaybebrought morethanone(1)yearaftertheaccrualofthecause of action,exceptformoneydueupon an open account.This limitation of liability will survive the expiration or termination of this Agreement andapplies notwithstanding any contrary provision. 5- Miami-Dade County InformationTechnology Department Interlocal Service and Maintenance Agreement ARTICLE 5.CITY WARRANTIES TheCity represents and warrants toCountyas follows: (a)Cityhasthe necessary rightsand licenses,consents,permissions,waivers and releases to permittheCountytoperformany ofthe services as contemplated herein. (b)None of the City systems or uses (i)violate,misappropriate or infringe any rights of any third party,(ii)will defame or invade the rights of privacy or publicity any rights of any third party,or (iii)are designed for usein any illegal activity or promote illegal activities, including,without limitation,ina manner that might be malicious,illegal or harmful to any person or entity,or discriminatory based on race,sex,religion,nationality,disability, sexual orientation,orage. (c)The City has the authority to enter into this Agreement for the County to perform these services. ARTICLE 6.DEFAULT/TERMINATION 6.1.If the County breaches a material obligation under this Agreement (unless City ora Force Majeure causes such failure of performance);City may consider the County tobein default.If theCityassertsadefault,itwillgivetheCountywrittenanddetailednotice of thedefault.The County will have thirty (30)days thereafter either to dispute the assertion or provide a written plan to cure the default that is acceptable to City.If the County provides a cure plan,it will begin implementing the cure plan immediately after receipt of City's approval ofthe plan. 6.2.If City breaches a material obligation under this Agreement (unless County ora Force Majeure causes such failure of performance)orif City fails topayany amount when dueunder this Agreement,indicates thatitis unable topayanyamountwhendue,indicates itisunableto pay its debts generally as they become due,files a voluntary petition under bankruptcy law,or fails to have dismissed within ninety (90)days any involuntary petition under bankruptcy law,County may consider Citytobein default.If County asserts a default,itwill give City written and detailed notice ofthe default and Customer will have thirty (30)days thereafter to(i)dispute the assertion, (ii)cure any monetary default (including interest),or (iii)provide a written plantocurethe default thatis acceptable to County.If City provides a cure plan,it will begin implementing the cure plan immediately after receipt of County's approval ofthe plan. 6.3.Ifa defaulting party fails tocurethe default as provided above in Sections 6.1 or6.2,unless otherwise agreed in writing,the non-defaulting party may terminate any unfulfilled portion ofthis Agreement andmay pursue any legal or equitable remedies available toit subject tothe provisions ofArticle 4 above. -6 Miami-Dade County InformationTechnology Interlocal Service and Maintenance Agreement ARTICLE 7.NOTICES All notices required or permitted under this Agreement shall bein writing and shall be deemed sufficiently served if delivered by Registered or Certified Mail,with return receipt requested; or delivered personally;or delivered viafaxor e-mail (if provided below)and followed with delivery ofhardcopy;andinanycaseaddressedasfollows: (1)TotheCounty: and to: InformationTechnologyDepartment 5680 SW 87 Ave,Miami FL Attention:Jose Otero Phone:305-596-8409 Fax:N/A E-mail:JRO@MiamiDade.gov Information Technology Department 5680 SW 87 Ave,Miami FL Attention:JohnConcepcion Phone:305-596-8368 Fax:.N/A E-mail:JNC@MiamiDade.gov (2)TotheCity: and to: Attention:Steven Alexander Phone:305-663-2510 Fax:305-663-6345 E-mail:salexander@southmiamifl.gov Attention:MariaMenendez,CityClerk Phone:305-663-6340 Fax:305-663-6348 E-mail Mmenendez@southmiamifl.gov Either party may at any time designate a different address and/or contact person by giving notice as provided above tothe other party.Such notices shall be deemed given upon receipt by the addressee. -7- Miami-DadeCounty InformationTechnology Department Interlocal Service and Maintenance Agreement In addition tothe above contacts the following isthe contact listfortheCityforall communications related billingandworkorder approvals: SendallInvoicesandinvoiceback-up documentation to: Name &Tile: Address: Phone: Email: Monthly invoice documentation should also be emailed to: Name &Tile: Address: Phone: Email: AuthorizedtoRequestBillable(Time&Materials)forITServices Name &Tile: Address: Phone: Email: back up For questions and inquiries by the City pertaining to telephone invoices and invoice back-up documentation to the County the City shall contact accounting manager via electronic email. Yinka Majekodunmi, Accounting Manager ARTICLE 8: Billing Liaiso 305-596- 8041 YMAJEKO@miamidade.gov ACCESS TO CONFIDENTIAL INFORMATION During the course ofthis Agreement,the County and City may have access tothe other party's Confidential Information.The County and the City shall endeavor to treat theother party's Confidential Information asit would treat its own Confidential Information of a similar nature. Notwithstanding the foregoing,the parties acknowledge and agree thatasa political subdivision -8- Miami-Dade County Information Technology Department Interlocal Service and Maintenance Agreement and municipal corporation of the State of Florida,the County and City are subject to Florida's Public Records Law,Section 119 of the Florida Statutes.The parties'compliance with,or good faith attempt to comply with,the requirements of Chapter 119 of Florida Statute shall notbe consideredbreach of thisAgreement. ARTICLE 9:THIRD PARTY PROPRIETARY INFORMATION During the course of this Agreement,the County and the City may have access to Third Party Proprietary Information received byeitherthe County ortheCity through agreements and licenses with third parties.The County and City mutually agree to inform the other party of the requirements of such third party agreements and licenses and shall maintain the confidentiality of all proprietary information asif such agreements and licenses applied to both the County and City.Notwithstanding the foregoing,the parties acknowledge and agree that asa political subdivision and municipal corporation ofthe State of Florida,the County and City are subject to Florida's Public Records Law,Section 119 of the Florida Statutes.The parties'compliance with, orgood faith attempt tocomplywith,the requirements ofChapter 119 of Florida Statute shall not be considered breach ofthis Agreement. ARTICLE 10.MIAMI-DADE COUNTY OFFICE OF THE INSPECTOR GENERAL REVIEW According to Section 2-1076 ofthe Code of Miami-Dade County,as amended by Ordinance No. 99-63,Miami-Dade County has established the Office ofthe Inspector General which may,ona random basis,perform auditsonall County contracts,throughout the duration ofsaid contracts including this Agreement.The Miami-Dade County Inspector General is authorized and empowered toreviewpast,present and proposed County contracts,transactions,accounts, records and programs.In addition,the Inspector General has the power to subpoena witnesses, administer oaths,require the production of records and monitor existing projects and programs. Monitoring ofan existing project or program may include a report concerning whether the project ison time,within budget and in conformance with plans,specifications and applicable law.The Inspector General is empowered to analyze the necessity of and reasonableness of proposed change orders tothe Agreement.The Inspector General is empowered to retain the services of independent private sector inspectors general (IPSIG)to audit,investigate,monitor,oversee, inspect and review operations,activities,performance and procurement process,including but not limited to project design,specifications,proposal submittals,activities of the City,its officers, agents and employees,lobbyists,County staffand elected officials to ensure compliance with contract specifications andtodetectfraudand corruption. Upon written notice to the City from the Inspector General or IPSIG retained by the Inspector General,to the extent provided by and subject to applicable law,the City shall make all requested records and documents available to the Inspector General or IPSIG for inspection and copying. Miami-Dade County Information Technology Department Interlocal Service and Maintenance Agreement The Inspector General and IPSIG shall have the right to inspect and copy all documents and records inthe City's possession,custody or control which,tothe extent provided by and subject to applicable law,pertain to performance ofthe contract,including,butnot limited to original estimate files,change order estimate files,worksheets,proposals and agreements form and which successful and unsuccessful subcontractors and suppliers,all project-related correspondence, memoranda,instructions,financial documents,construction documents,proposal and contract documents,back-charge documents,all documents and records which involve cash,trade or volume discounts,insurance proceeds,rebates,or dividends received,payroll and personnel records,andsupportingdocumentationfortheaforesaiddocumentsandrecords. ARTICLE 11.GOVERNING LAW This Agreement,including exhibits or appendices,and all matters relating to this Contract (whether in contract,statute,tort (such as negligence),or otherwise)shall be governed by,and construed in accordance with,thelaws of theState of Florida.Venue shallbe Miami-Dade County. ARTICLE 12:INDEMNIFICATION The City does hereby agree to indemnify and hold harmless the County and its officers,employees, agents and instrumentalities,tothe extent and within the limitations of Section 768.28,Fla.Stat., from any andall liability,losses or damages,including attorneys'fees and costs of defense,which the County orits officers,employees,agents or instrumentalities may incur asa result of claims, demands,suits,causes of actions or proceedings of any kind or nature ("Claims")arising out of, relating toor resulting from,and to the extent caused by,City's (or its employees,agents,or subcontractors)failure to perform as required by this Agreement..However nothing herein shall be deemed to indemnify the County from any Claim arising out ofthe negligent performance or failure of performance ofthe County orany unrelated third party. Subject to the limitations set forth in Article 4of this Agreement,the County does hereby agree to indemnify and hold harmless the City and its officers,employees,agents and instrumentalities,to the extent and within the limitations of Section 768.28,Fla.Stat.,from any andall liability,losses or damages,including attorneys'fees and costs of defense,which the County orits officers, employees,agents or instrumentalities mayincurasa result of claims,demands,suits,causes of actions or proceedings ofany kind or nature ("Claims")arising out o£relating toor resulting from,and tothe extent caused by,County's (orits employees,agents,or subcontractors)failure to perform as required bythis Agreement.However nothing herein shall be deemed to indemnify the City from any Claim arising outofthe negligent performance or failure of performance ofthe Cityoranyunrelatedthirdparty. 10 Miami-Dade County Information Technology Department Interlocal Service and Maintenance Agreement ARTICLE 13:TERM OF AGREEMENT This Agreement shall become effective the later of or upon signature byall parties (Effective Date)and will remain in full force and effect until September 30,2014.The County andthe City may jointly extend this Agreement fora one-year term by mutual agreement whichmustbeapprovedbytheCity Commission.Upon any extension,the County and City will review the services and fees set forth in Appendix Aand mutually agree as to whether any amendment to such services and fees are necessary.Notwithstanding the foregoing,this Agreement mustbe ratified bythe Board of County Commissioners within one yearofthe Effective Date.Inthe ewont this Agreement isnot ratified within oneyearofthe Effective Dateorthe Board of County Commissioners disapproves the Agreement,this Agreementshallterminateimmediately. ARTICLE 14:TERMINATION EithertheCityorCountymay,atanytime,intheirsole discretion,withorwithout cause, terminate this Agreement by written notice tothe other partyandin such event,the County or City shall,one hundred twenty (120)days after receipt of such notice ("Termination Date"), unless otherwise directed: i.stopallworkas of theTerminationDate; ii.take such action asmaybe necessary forthe protection and preservation ofthe otherparty'smaterialsandproperty; iii.cancelorders; iv.assign totheCity and deliver toany location designated bythe City any non- cancelable orders for Deliverables thatarenot capable ofuse except inthe performance of this Agreement andhas been specifically developed forthesole purpose of this Agreement;and v.takeno action whichwill increase the amounts payable bytheCityunderthis Agreement. ARTICLE 15.COMPLIANCE WITH APPLICABLE LAWS The Parties will atall times comply with all applicable statutes,rules,ordinances,regulations, licenses and orders relating toorin any way affecting this Agreement and the performance by theParties ofthis Agreement. -11 - Miami-Dade County Information Technology Department Interlocal Service and Maintenance Agreement ARTICLE 16.SEVERABILITY Ifany provision ofthis Agreement shall be held bya court of competent jurisdiction tobe illegal, invalidor unenforceable,the remaining provisionsshallremaininfullforceandeffect. ARTICLE 17.NATURE OF THE AGREEMENT a)This Agreement incorporates and includes allprior negotiations,correspondence, conversations,agreements,and understandings applicabletothematterscontainedinthis Agreement.The parties agree thatthereareno commitments,agreements,or understandings concerningthesubjectmatterofthis Agreement thatarenotcontainedin this Agreement,andthatthis Agreement contains theentire agreement between the partiesastoallmatters contained herein.Accordingly,itisagreedthatnodeviationfrom the terms hereof shall be predicated upon any prior representations or agreements, whether oralorwritten.Itis further agreedthatanyoral representations or modifications concerning this Agreement shall beofno force or effect,andthatthis Agreement maybe modified,altered or amended only by a written amendment duly executed by both parties heretoortheirauthorized representatives. b)Neither party shall be deemed in breach hereunder for any cessation,interruption or delay inthe performance ofits obligations dueto causes beyond its reasonable control, including,without limitation,earthquake,flood,orother natural disaster,actofGod, labor controversy,civil disturbance,terrorism,war (whether or not officially declared)or the inability to obtain sufficient supplies,transportation,orother essential commodity or service required inthe conduct ofits business,or any change inorthe adoption of any law,regulation,judgment or decree (each a "Force Majeure Event");provided that,(a) theparty relying upon this Section shall have given theotherParty written noticethereof promptlyand,inanyevent,assoonas reasonably possible underthe circumstances;and (b)shall take all steps reasonably necessary to mitigate the effects ontheotherPartyof the Force Majeure Event upon which such notice is based.This Agreement comprises the entire agreement between County and City with respect toits subject matter,and supersedes allpriorand contemporaneous proposals,statements,salesmaterialsor presentations and agreements (oraland written).Nooralorwritteninformationoradvice given by Contractor,its agents or employees shall create a warranty orinanyway increasethescope of the warranties inthis Agreement. (Signaturepagefollows) -12 Miami-Dade County Information Technology InterlocalService and Maintenance Agreement MIAMI-DADE COUNTY ATTEST: TITLE: CITY OF SOUTH BY Steygn^Clexancler ONMffi^N City Mana8er ^''-SS^gkTTBST:i »~t .COUi <^£V»^y TITLE:K,jL&*$//Cj- APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPR) AND I iD AS TGPFORM \L SUFFICIENCY s a CountyAttorney /If V..---1/ 13- SRSS^MM^^S Techno^Department APPENDIX A-SCOPE OF SERVICES AND PRICING I^TfT6 With **.termS and conditions of this Agreement,the County will provide the Citywiththefollowingservicesasmaybeamendedfromtimetotimebymutualagreementinwriting: I.BASIC MAINTENANCE AND SUPPORT SERVICES A.Fees for basic maintenance and support services In exchange for the Basic Maintenance and Support Services described here,the City shall pay the County and annual fee of one hundred sixty five thousand five hundred dollars ($165 500)divided into twelve equal monthly payments.The City will be invoiced by County on amonthly basis;and such invoices payments shall be paid in accordance with the terms and conditions of tnis Agreement. B.Covered Services The County shall provide to the City the following Basic Maintenance and Support Services for the Covered Equipment listed in Subsection C.The City must submit all approved requests for maintenance or services whether hardware or software using the County online Service Catalog system for assignment to County support staff.The County will contact City upon receiving service ticket from City.In the event additional hardware and software is required for the provision ofany ofthe services set forth herein,such hardware or software shall be supplied at the City s sole expense and with City's prior approval. 0 County will provide adesignated phone number (305-596-HELP (4357))to report troubles during regular business hours and emergencies after regular business hours. 0 Provide authorized City Users with access to the County online Service Catalog system for assignment ofmaintenance and service tasks to County. 0 Designated on-site IT service technician during regular business hours from 8:00 AM until 5:00 PM,excluding weekends and County holidays. 0 Report problems and coordinate with Vendor for the maintenance ofAS- 400 with IBM and SunGard guidance pursuant to City's maintenance agreements with those Vendors. 14 Mia mi-Dade County Information Technology Department Interlocal Service and Maintenance Agreement 0 Report problems and coordinate with Vendor for the maintenance of BarracudaAppliancewithsupport of VendorguidancepursuanttoCity's maintenance agreements withsuch Vendor. 0 Report problems and coordinate with Vendor forthe maintenance of TRENDwithsupport of VendorguidancepursuanttoCity'smaintenance agreements with such Vendor. 0 Report problems and coordinate with Vendor for the maintenance of InteractiveOutdoorKIOSKSwithsupport of Vendorguidancepursuantto City's maintenance agreementswithsuchVendor. 0Report problems and coordinate with Vendor forthe maintenance ofCity AVsystemsupport ofVendorguidancepursuantto City's maintenance agreements with such Vendor. 0 Report problems and coordinate with Vendor for maintenance of Wireless MeshlocatedintheDowntownbusinessdistrictwithsupport of Vendor guidancepursuanttoCity'smaintenanceagreementswithsuchVendor. 0 Emergency After Hour Support •Countyshallprovide50hours of overtimeduringtheannual contractperiodatnocharge,includedinthepricequoted. 0 Public Records Requests •CountywillprocesspublicrecordsmadebytheCityorbythird- partiesrequestingCitypublicrecordsforrecordsinvolvingemail searchesatnocharge,includedinthepricequoted. 0 Wide Area Network (WAN)and Local Area Network Maintenance (LAN) •ManageNetworksupportupgradesandchanges •ProvideTier2&3Networksupportand troubleshooting. •Troubleshooting of premisedatawiringandpatchcables. •Communicate tothedesignatedCityliaisonallscheduled maintenance •Assignment of IPaddressto all accounts. 15- Miami-Dade County Information Technology Department Interlocal Service and Maintenance Agreement Server and SANS Equipment Maintenance •Installation of softwareforapplications •Maintain all Microsoft operating systems and software updates •Restoration of network services •Repairandupgrade of servers Computer Equipment Maintenance •Installation of softwareforapplications •Maintainall Microsoft andAppleoperatingsystemsandsoftware updates •Restoration of network services •Repairandupgradeofcomputer •Install andsetup maintenance loaner(if applicable). •Maintain an inventory ofcomputers andspareparts •Maintainmobileandhandheldcomputers Telephone Equipment Maintenance •Performreset of voicemailpasswords •Maintainclass ofservice(COS) •Relocateexistingandreplacedefectivehandsets •Installnewhandsetsandsetupvoice mail •Troubleshooting ofpremisedatawiringandpatch •Contactandreportssystemproblemstovendor •Coordinate with vendor to schedule system upgrades Administration ofNetwork Organizational Unit (OU) •Add/Delete/Modify useraccounts •Add/Delete/Modifyprintresources •Add/Delete/Modify fileshareservices •Add/Delete/Modify e-mailservices •Add/Delete/Modify grouppolicies •Add/Delete/Modify certificate services Installandsetup ofcomputersandperipherals. CountyshallnotifyCustomeruponcompletion of worktodocumentall work andinformationpertainingtoservicesrendered. TheCountywillprovide infrastructure Tier2 maintenance and management forremoteaccess,exchange,activedirectory,security,servers,SANS, -16- Miami-Dade County Information Technology Department Interlocal Service and Maintenance Agreement network,AS400,desktopcomputers,laptopcomputersandperipheral maintenance.ThiswillrequireforCountytohave "Master System Administrator"accessforCountypersonneldesignatedwiththetop permission levelover all forsystem management and administration for CityITsystemscoveredbythisagreement. TheMasterSystemAdministratorslistedbelowarechargedwiththe responsibility of administering theproperlevel of permissions toall User's anddesignatedback-upstaff.TheCountymay,fromtimetotime,add, modifyordeleteMasterSystemAdministratorstothisAgreementby providingwrittennoticetotheCityassetforthinthisAgreement. •Lawrence Embil,Security/Fire Wall Support •ErickGomez,NetworkSupport Manager •GaryLee,Server&Storage Support Manager •JorgeMederos,Exchange,Active Directory andRemote Access Support Manager •Peter Oelkers,AS400 Support Manger •Mark Acquaviva,Computer Maintenance Supervisor •Onsite IT Service Technician (TBD) 0Sites covered bythis agreement shall include:See Attachment 1 C.CoveredEquipment Unlessagreedtoinwritingbytheparties,theMaintenanceandSupportServicessetforth inthisAppendixshallonlyapplytothe following CoveredEquipment. Miami-Dade County Equipment Covered by the Agreement Equipment coverage is subject to change as equipment areretiredand/or replaced withnew.New equipment wili be covered by thetermsandconditionsofthe agreement Equipment Covered Manufacture Description Qty Make Desktop Computers with monitor 134 DELL Mobile Computers CO DELL,APPLE Mobile HandheldDevicesi.e.iPads,iPhoneor Blackberry 7 APPLE -17- Miami-Dade County Information Technology Interlocal Service and Maintenance Agreement Multi-Function Network Printers 6 Cannon Multi-Function Network Printers 3 HP Color Laser Network Printers 2 Cannon Color Laser Network Printers 3 HP Computers Peripheralsi.e.printers,scanners 48 HP,Epson,Fujtsu Servers 29 DELL Mail Archiver 1 Barracuda Routers 5 CISCO/HP Web Filter 1 Barracuda Network Storage Device 1 HP Robotic Tape Back-up 1 DELL Firewall 3 Barracuda AS-400 1 IBM Telephone Private Branch 1 Shortel Telephone Handsets Mobiletypes:230and 115 84 Shortel Switches 1 CISCO Switches 20 HP Interactive Outdoor KIOSKS (in the procurement stage)TBD WirelessMesh(inthe deployment stage) „ TBD :r^'i\-Hr •">":"i""-v::•;•^W'^V-y^}:->/**:.<;'•'•/';*.'::•.l:,»'v;vv;?:\V"r^;^v;v^:;4Vc^f'^ -18- Miami-Dade County InformationTechnology Department Interlocal Service and Maintenance Agreement D.Standards forProvision ofBasic Maintenance andSupportServices 1.On-site IT Service Technician: The County will provide on-site IT service technician to handle all problems reported by City during regular business hours.The service technician would be vetted bythecityinthesame mannerascityemployeeswouldbe.TheCountywill leverage thein-stationservice technician whenever possible and incorporate into new projects.The on-site IT service technician is primarily responsible fordailyITsupportandinsome cases maynothavethe skillset or availability tomeet the project deliverables successfully.The County may need to dispatch special IT service technicians)as required for resolution of reported problem or delivery of approved service asthe expense of the City.The County will provide IT service through atiered service approach progressing from 1st Tier Support to 2nd Tier Support to 3rd Tier Support as needed for the price quoted. 2.SERVICE REQUESTS - CityshallsubmitallapprovedservicerequesttotheCountyusingtheonlineService Catalog system.TheCity shall be responsible forall associated expenses andshall provide the Countywiththelist of authorizedusers.TheCountyshallsetupeach of theUserswithaccountsfor access tothe County online Service Catalog system with7 business daysupon receiving listof authorized Users.Cityshall record the service ticket number for reference forany future service. 3.Problem Reportingand Escalation/Regular Business Hours The Customer willreportall problems and make all authorized service requests directly into the Prevailing ticketing system.Customer must report trouble tothe County help deskand openatroubleticketinordertoavoidanydelaysinobtainingservice.Troublesaredefinedasa failure of active/productionITservices. •Step1 -ReportTroubleby telephone Reporttroublestothe Miami-Dade HelpDeskat 305-596-4357 forpurpose opening service ticket.Please record the service ticket number for reference. mm ilbl ail Help Desk 24/7/365 305-596-4357 -19 Miami-Dade County InformationTechnology Department Interlocal Service and Maintenance Agreement •Step2-ServiceManager Escalation ContactsDuringRegular Business Hours In the event you arenot contacted by COUNTY after 60 minutes of reporting trouble during regular business hours,proceed to contact the designated COUNTY supervisor in the order listed below.If you receive no response after 30 minutes from 1st level supervisor proceed tothe 2nd level escalation contact listed below. MarkAcquaviva,Supervisor Mobile (786)256-3844 John Conception,Division Director Mobile(786)258-2609 1st Level Escalation, Business Hours 2ndLevel Escalation, Business Hours 305-275-7927 mia@miamidade.gov 305-596-8368 inc@miamidade.gov E.Excluded Services The following services are not included within the Basic Maintenance and Support Services and shall only be provided by County upon mutual agreement in writing and shall incuraseparatefeetoCity: 0Any service work required dueto incorrect or faulty operational conditions,including butnot limited to equipment not connected directly toanelectricsurgeprotector,ornotproperlymaintainedinaccordance withthemanufacturer's guidelines. 0Thecostof professional service,parts,materials or software required for anyservices performed bytheCountyunderthisAgreement 0Therepairor replacement of products orparts resulting from failure ofthe City's facilities,City employee's personal property and/or devices connectedtotheIT System (or interconnected todevices)whetherornot installedbytheCounty. 0Servicerepairsmadenecessarybydamageduetoanact of God,fire, water,storm,burglary,accident,improperuseorabuse. 0 Any transmission medium,such as telephone lines,computer networks,or theworldwideweb,orfor equipment malfunction caused bysuch transmission medium. -20- Miami-Dade County Information Technology Department Interlocal Service and Maintenance Agreement H. Accessories,customorspecialproducts;modifiedunits;ormodified software. The repair or replacement of parts resulting from the tampering by persons unauthorizedbyCountyorthefailure of theITSystemdueto extraordinary uses. Operation and/or functionality ofCityemployee's personal property, equipment,and/orperipheralsandanyapplicationsoftwarenot providedorcoveredbyCounty. Operational supplies,including butnot limited to,printer paper,printer ribbons,toner,photographic paper,magnetic tapes,battery replacement foruninterruptiblepowersupply(UPS). OvertimehoursworkedbytheITServiceTechnicianinexcess of 50 hoursoutsidetheestablishedRegularBusinessHours. ADDITIONAL IT SERVICES AND RATES The following additional IT Services maybe provided,at request oftheCityforthe fees asset forth herein.Such fees shall be invoiced and added tothe monthly feefor Basic Maintenanceand Support Services. A.Emergency Services Included intheprice quoted theCountyshall provide 50hours of On-Call 24/7/365 Emergency SupportServicesforuseoutsideRegularBusinessHoursonanannualbasis.All emergency requests outside the regular service hours in excess of50 hours,willbe subject tothe following ratefor processing and completing the requested service.City shall use the contacts in Section 1(D)abovetorequestsuchservice. B.IT Services and Rates: The County upon request shall provide the City with services for strategic IT Design, Planning,Deployment,Implementation,for IT business network and application solutions.These services arenot covered bythe Basic Maintenance and Support Services butare available ona time -21 Miami-Dade County Information Technology Department InterlocalService and Maintenance Agreement and material basis as mutually approved by the parties.The County will develop a scope of work andprojectplanthatmeetsbusinessneedsinthemostcosteffectivemanner. :%,'V ,v-Additional Hourly Rates /"";!;.',**,- ,;Service Catalog;T&MRatc "After Regutar , Hours T&M \*:Rate -: GIS GraphicTechnician /Mapping $90.00 $135.00 Product Configuration (GIS Routing, Mobile,Dashboards,etc.)$100.00 N/A Project Management $125.00 N/A Systems Programming (Operating &Technical) and Database Administrator $125.00 N/A AnalysisandProgramming $120.00 N/A Network,Engineering,andConsultingServices $120.00 N/A Telecommunications Technicians $85.00 $127.50 -22 Miami-Dade CountyInformationTechnology Department Interlocal Service and Maintenance Agreement Attachment 1 City of South Miami FACILITY LOCATIONS City Hall (Includes:Police,Building,Finance,Planning,Code,City Clerk,Grants,HR,City Manager)6130 Sunset Drive South Miami,FL 33143 Public Works 4795 SW 75 Avenue Miami,FL 33155 Parks and Recreation/Community Center 5800 SW 66 Street South Miami,FL 33143 Community Redevelopment Agency 5825 SW 68 Street Suite 4 Office 400 South Miami,33143 South Miami Senior Center 6701 SW 62 Avenue South Miami,FL 33143 -23- Division Director Enterprise Security Total Divisional FTE:20 Assistant Director Executive Secretary ITDTOFY1314withEntSolEntArch Reoig Division Director Operational Support Services Total Divisional FTE:38 Assistant Director Enterprise Application Services Total Divisional FTE:166 Division Director Enterprise Applications Total Divisional FTE:72 Division Director Enterprise Resource Program(ERP) Total Divisional FTE:57 Chief PWWM Applications Total Divisional FTE:16 Systems Support Manager MDPD Applications Total Divisional FTE:19 Information Technology Department Table of Organization Department Director Chief Information Officer TotalDept.FTE:656;PTH:3 Department Director 1 Sr.ExecutiveSecretary 1 Executive Assistant to the Director 1 Division Director Enterprise Solutions Total Divisional FTE:56 Division Director Enterprise Architecture Total Divisional FTE:77 Division Director Radio Communication Services Total Divisional FTE:50 Assistant Director Enterprise Computing/Network Infrastructure Total Divisional FTE:228,PTH:3 Division Director Field Services Total Divisional FTE:122 Division Director Enterprise Data Center Total Divisional FTE:80,PTH:1 Systems Support Manager MDPD SCSM Infrastructure Divisional FTE:24;PTH:2 Director Shared Services Program Total Divisional FTE:18 Assistant Director Executive Secretary 3/24/2014 CHAPTER 287 PROCUREMENT OF PERSONAL PROPERTY AND SERVICES PARTI COMMODITIES,INSURANCE,AND CONTRACTUAL SERVICES (ss.287.001 -287.136) 287.057 Procurement of commodities or contractual services.— 2.An unfair competitive advantage exists when the vendor competing for the award of a contract obtained: a)Accessto information thatisnot available tothe public andwouldassistthevendorin obtaining the contract;or b)Source selection information that isrelevant to the contract butis not available to all competitors and that wouldassistthevendorinobtainingthe contract. c)Apersonwho receives acontractthat has notbeenprocured pursuant to subsections (l)-(3)to perform a feasibility study ofthe potential implementation ofa subsequent contract,whoparticipatesinthe drafting ofa solicitation or who develops aprogram forfuture implementation,isnot eligible tocontractwiththe agency foranyother contracts dealing withthat specific subjectmatter,andany firm in which suchperson hasanyinterestisnot eligible toreceivesuchcontract.However,thisprohibitiondoes notpreventa vendor whorespondstoarequestforinformationfrombeing eligible to contract withanagency.