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THE CITY OF PLEASANT LIVING To: FROM: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission November 15, 2016 Agenda Item No.: / ~ Steven Alexander, City Manager A Resolution authorizing the City Manager to purchase Check Point firewall software appliance from Compuquip Technologies, LLC an authorized reseller of Check Point LTD, through a piggyback with the State of Maryland Contract No. 060B2490022-2015. The City currently utilizes Barracuda firewall appliance and software which has been analyzed by the City's IT provider, Miami-Dade County IT. IT has determined the current firewall does not provide sufficient protection against cyber threats to the City's network and sensitive data. The selected firewall will be used to replace the current Barracuda appliance and software. The Checkpoint firewall provides additional capacity for future growth and additional features not supported by the Barracuda firewall and will also replace the Barracuda Content filter. A brief summary of the additional security features within Check Point is included'below: • Secure connectivity for remote end users (non PO) and business to business connections. • Capability to detect and stop communications of infected City systems with command and control malware sites (Bot-Nets). • Distributed Denial of Service protection. Protects the city's network from excessive external network traffic designed to disrupt City services. This will not protect the City's website which is hosted externally to the City's network and is not protected by a City administered firewall. • Malware/Anti-virus protections for· internet surfing and downloads. • Internet Content Filtering for City employees to prevent them from accessing prohibited sites and sites hosting malware. THE CITY OF PLEASANT LIVING ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM By installing Check Point the City will be on the same firewall platform as the County and therefore will allow IT to effectively monitor cyber threats to the City's network and sensitive data. The purchase will be made through a piggyback agreement with Compuquip Technologies ILC, an authorized reseller of Check Point LTD, through a State of Maryland agreement "Hardware and Associated Equipment & Services: Contract No. 060B2490022-2015. The expenditure of $109,683 shall be charged to the Capital Equipment account number 301-1340-513-6430, which has a balance of $110,000 before this request was made. Resolution Proposal, Check Point Piggyback Agreement 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to purchase Check Point 3 firewall software appliance from Compuquip Technologies, LLC an 4 authorized reseller of Check Point LTD, through a piggyback with the 5 State of Maryland Contract No. 060B2490022-2015. 6 WHEREAS, the City currently utilizes Barracuda firewall software that has been 7 analyzed by Miami-Dade County IT who have determined it will be in the City's interest 8 to transition to a new firewall protection software; and 9 WHEREAS, IT is recommending Check Point firewall software for the City which is 10 the same firewall software deployed throughout Miami-Dade County; and 11 12 WHEREAS, the selected firewall will be used to replace the current Barracuda 13 device and the Check Point firewall provides additional features not supported by the 14 Barracuda firewall and will also replace the Barracuda Content filter; and 15 16 WHEREAS, by installing Check PoJnt the City will be on the same firewall 17 platform as the County and therefore will allow IT to effectively monitor cyber threats to 18 the City'S network and sensitive data; and 19 20 WHEREAS, the purchase of Check Point firewall software will be through a 21 piggyback agreement from the State of Maryland Contract No. 060B2490022-2015 for 22 Hardware and Associated Equipment & Services; and 23 24 WHEREAS, the State of Maryland Contract No. 060B2490022-2015 was 25 competitively solicited through a process that meets or exceeds the City's competitive 26 solicitation process; and 21 WHEREAS, the cost for the Check Point firewall software will not exceed 28 $109,683 and will be charged to Account No. 301-1340-513-6430. 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 30 CITY OF SOUTH MIAMI, FLORIDA; 31 Section 1. The City Manager is authorized to purchase Check Point firewall 32 software appliance from Compuquip Technologies, LLC an authorized reseller of Check 33 Point LTD, through a piggyback with the State of Maryland Contract No. 060B2490022- 34 2015 for an amount not to exceed $109,683. 35 Section 2. Severability. If any section, clause, sentence, or phrase of this 36 resolution is for any reason held invalid or unconstitutional by a court of competent 37 jurisdiction, this holding shall not affect the validity of the remaining portions of this 38 resolution. Page 1 of2 1 Section 3. Effective Date: This resolution shall take effect immediately upon 2 enactment. 3 4 5 6 7 8 9 PASSED AND ADOPTED this _ day of ____ , 2016 10 11 12 13 14 15 16 17 18 19 20 21 22 ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION EXECUTION THEREOF CITY ATTORNEY Page 2 of2 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Edmond: CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT & SERVICES THIS AGREEMENT made and entered into this __ day of , 20_ by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City") and Compuquip Technologies, LLC, an authorized reseller for Check Point, LTD and a vendor on the Hardware and Associated Equipment & Services Contract through the State of Maryland Contract No. 060B2490022-2015, (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, the contract was competitively solicited by the State of Maryland pursuant to RFO No. 060B2490022-2015, and Contract No. 060B2490022-2015 for Hardware and Associated Equipment & Services, and after completing a competitive bidding process, awarded a contract to Contractor; and WHEREAS, the City of South Miami desires to utilize the State of Maryland Contract No. 060B2490022-2015 for Hardware and Associated Equipment & Services and pursuant to authority of the City of South Miami's Charter. NOW, THEREFORE, the City and the Contractor, each through their authorized representative/official, agree as follows: 1. The City desires to enter into a Contract, under the same terms and conditions as set forth in the solicitation and the agreement between the Contractor and the contract, for Hardware and Associated Equipment & Services Contract from the State of Maryland Contract No. 060B2490022-2015. 2. The City has reviewed the contract and agrees to the terms and conditions to be applicable to a purchase order to be issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such goods and/or services, pursuant to the City's purchase order made during the term of this agreement, under the same price(s), terms and conditions as found in the solicitation documents and the response to the solicitation, pertinent copies of which are attached hereto as Attachment A and made a part hereof by reference, and the agreement and/or the award between the, a copy of which, including any amendments and addendums thereto, is attached hereto and made a part hereof by reference. 3. All references in the contract between the Contractor and the State pf Florida competitively solicited by the State of Maryland pursuant to RFO No. 060B2490022-2015, and Contract No. 060B2490022-2015, for Hardware and Associated Equipment & Services Contract; and the State of Maryland through RFO No. 060B2490022-2015, and Contract No. 060B2490022-2015 and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of the between the Contractor and the State of Florida competitively solicited by the State of Maryland pursuant to the Hardware and Associated Equipment & Services Contract; and the State of Maryland through RFO No. 060B2490022-2015, and Contract No. 060B2490022-2015 and its agreement with Contractor, shall be made by the City Thomas F. Pepe -01-11-16 Manager for the City of South Miami. The term of the contract, including all extensions authorized by the contract shall not exceed five years. Notwithstanding anything contained in the ITN and Contract or the Hardware and Associated Equipment & Services contract and the State of Marvland through Contract No. 060B2490022-2015 to the contrary, this agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. 4. Scope of Goods and Services. The scope of goods and services are set forth in the attached Attachment A. 5. Contract Price. The contract price for the good and services is set forth in the attached Attachment B. If not otherwise set forth in the Hardware and Associated Equipment & Services contract and the State of Maryland through Contract No. 060B2490022-2015 Agreement/Contract, the Contractor shall be paid upon delivery of all the goods, the completion of all the services and after final inspection by the City that approves of the goods delivered and the work performed. 6. Grant Funding: This project is being funded N/A and Contractor agrees to comply with all the requirements of that Grant, applicable to the delivery of the goods and services that are the subject of this Agreement, and that are within its power to provide and to provide all the documentation within its control that is required for the City to be able to recover the contract price pursuant to the terms of the grant. A copy of the grant is attached hereto and made a part hereof by reference. 7) Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if CONTRACTOR does not transfer the records to the public agency; and (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of CONTRACTOR or keep and maintain public records required by the public agency to perform the service. If CONTRACTOR transfers all public records to the public agency upon completion of the Contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records dIsclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of the Contract, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S Thomas F. Pepe -01-11-16 2 DUTY TO PROVIDE PUBLIC .RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6130 Sunset Drive, South Miami, FL .33143. 8. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. 9. Validity of Executed Copies: This agreement may be executed in several counterparts, each of which may be construed as an original. 10. Attorneys' Fees and Costs: In the event of any litigation between the parties arising out of or relating in any way to this Agreement or a breach thereof, each party shall bear its own costs and legal fees. Nothing contained herein shall prevent or prohibit the right to be indemnified for any attorney fees incurred in the defense of an action by a person or entity who is not a party to this Agreement. 11. Severability: If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this instrument to be signed in their respective names by their proper officials on or before the day and year first above written. Compuquip Technologies, LLC By: _______________ _ (Type name and title of signatory above) ATTEST: By: _____________________ __ Maria M. Menendez, CMC City Clerk Thomas F. Pepe -01-11-16 3 CITY OF SOUTH MIAMI By: ____________________ _ Steven Alexander City Manager Read and Approved as to Form, Language, Legality and Execution Thereof. By: ______________________ __ Thomas F. Pepe City Attorney Thomas F. Pepe -01-11-16 4 ATTACHMENT A CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT & SERVICES State of Maryland and Compuquip Technologies, LLC • Contract No. 060B2490022-2015, SCOPE OF SERVICES & • ACTION AGENDA, STATE OF MARYLAND Thomas F. Pepe -01-11-16 5 I, ' DEPARTMENT OF INFORMATION TECHNOLOGY (DolT) Ha1'dware and Associated Equipment and Services 060B2490022~2015 THIS CONTRACT (the "Contract") is made this 2')" day of ;:rul~ , 20tiby and between Compuquip Technologies and, on behalf of the STATE OF MARYL~ D, the MARYLAND DEPARTMENT OF INFORMATION TECHNOLOGY (DolT). IN CONSIDERATION of the following, the parties agree as follows: 1. Definitions In this Contract, the following words have the meanings indicated. 1.1. "COMAR" means the Code of Maryland Regulations. 1.2. "Contract" means this contract for Hardware and Associated Equipment and Services and related installation, training, and maintenance services. Except as otherwise provided, any reference to the Contract shall be deemed to include reference to a Purchase Order (PO). 1.3. "Contract Manager" means the individual identified in Section 1.6 of the Request for Proposals (RFP), or a successor designated by the Department. 1.4. "Contractor" means CQIIIPuquip Technologies, LLC, whose principal business address is: 2894 NW 79th ave., Doral FL 33122 1.5. "Department" means the Department of Infonnation Technology (DolT). 1.6. "eMM" means eMaryland Marketplace. 1.7. "Financial Proposal" means the Contractor's financial proposal dated 02119/16. 1.8. "Hardware and Associated Equipment and Services" means those services described in Section 2 oftheRFP. 1.9. "Installation" means transferring manufacturer's electronic media to computer systems so that the Hardware and Associated Equipment and Services will provide the features and functions generally described in the nser documentation. 1.10. "Minority Business Enterprise" (MBE) means an entity meeting the definition at COMAR 21.0 l.02.0lB(54). which is certified by the Maryland Department of Transportation under COMAR 21.11.03. 1.11. "Procurement Officer" means the person identified in Section 1.5 of the RFP or a successor designated by the Department. 1.12. "Proposal" means, as appropriate, either or both the Contractor's Technical or Financial Proposal. 1.13. ''Purchase Order" or "PO" means the authorization for Contractor to proceed with delivery of products and/or any services requested via a PORFP. 1.14. "PORFP" means Purchase Order Request for Quotation. 1.15. "Requesting Agency" means the unit ofthe State government issuing the PORFP. 1.16. "RFP" means the Request for Proposals for Hardware and Associated Equipment and Services No.060B2490022-2015 and any amendments thereto issued in writing by the State. 6 I i I I I i I Ii ~ I i I 1.17. "Sensitive Data" means any personally identifiable information (Pll), protected health information (PHI) or other private/confidential data. 1.18. "Software" means the object code version of computer programs licensed pursuant to this Contract. Embedded code, firmware, internal code, microcode, and any other term referring to software that is necessary for proper operation is included in this defmition of Software. Software includes all prior, current, and future versions of the Software and all maintenance updates and error corrections. "Software" also includes any upgrades, updates, bug fixes or modified versions or backup copies of the Software licensed to the State by Contractor or an authorized distributor. 1.19. "State" means the State of Maryland. 1.20. "Technical Proposal" means the Contractor's technical proposal dated'---___ _ 1.21. Capitalized terms not defined herein shall be ascribed the meaning given to them in the RFP. 2. Scope of Contract 2.1. The Contractor shall provide Hardware and Associated Equipment and Services, installation andlor training, andlor manufacturer's extended warranty, as described in a PORFP or PO, in the following functional area(s): FA 3 -Network Communications Equipment FA 4 -Installation & Training Services 2.2. These products and services shall be provided in accordance with the terms and conditions of this Contract and the following Exhibits, which are attached and incorporated herein by reference. If there are any inconsistencies between this Contract and the accompanying Exhibits, the terms of this Contract shall control. If there is any conflict among the Exhibits, the following order of precedence shall apply: Exhibit A -The RFP ExhibitB -The Contract Affidavit dated 06/21/2016 Exhibit C -The Technical Proposal. Exhibit D -The Financial Proposal 2.3 A PORFP may specifY teons in addition to the tenns specified herein, including warranties, deliverables, and acceptance test requirements. PORFPs, POs and Reference BPOs may not limit the State's rights as provided by law, in this Contract, or in the RFP and may not change the terms of, or conflict with, this Contract or any of its Exhibits. 3. Period of Performance 3.1. The Contract shall be for a period of 12 years beginning July 5, 2016 and ending on November 14,2028. 3.2. Audit, confidentiality, document retention, patents, copyright, intellectual property, warranty. and indemnification obligations under this Contract and any other obligations specifically identified shall survive expiration or termination of the Contract. 7 4. Consideration and Payment 4.1. In consideration of the satisfactory performance of the Contract and any PORFP andlor PO, the State will promptly process a proper invoice for payment in accordance with the terms of this Contract. 4.2. The total payment for products and services provided under a fixed price PO or the fixed price element of a combined fixed price -time and materials PO, shall be the firm fixed price submitted by the Contractor in its quotation or proposal submitted in response to a PORFP, regardless of the actual cost to the Contractor. 4.3. POs that include a time and materials element shall include a not-to-exceed (NTB) ceiling for payments. For time and materials PO, or POs which include both fixed price and time and materials elements, total payments to the Contractor for the time and materials portion may not exceed the identified PO NTE amount. The Contractor shall notify the Contract Manager, in writing, at least 60 days before time and ~aterial obligations are expected to reach the PO NTE Amount. The Contractor shall have no obligation to perfonn the time and materials requirements under this Contract after payments reach the PO NTB Amount. The cessation of the Contractor's obligation to perform under this paragraph 4.3 is expressly conditioned on the following: that prior to the PO NTE Amount being reached, the Contractor shall: (i) give the notice required under this paragraph 4.3; (ii) promptly consult with the Requesting Agency and cooperate in good faith with the Requesting Agency to establish a plan of action to assure that every reasonable effort has been undertaken by the Contractor to complete critical work in progress prior to the date the PO NTE Amount will be reached; and (iii) secure databases, systems, platforms and/or applications on which the Contractor is working so that no damage or vulnerabilities to any of the same will exist due to any such unfinished work. Any work performed by the Contractor in excess of PO NTE amount without the prior written approval of the Contract Manager is at the Contractor's risk of non-payment. 4.4. Invoices shall be submitted as specified in a PORFP. Invoices that contain both fixed price and time and material items must clearly identify the items as either fixed price or time and material billing. Each invoice must include the Contractor's Federal Tax Identification Number: 59- 2189948. The Contractor's eMM identification number is 00029904. Payments to the Contractor pursuant to this "Contract shall be made no later than 30 days after the Requesting Agency's receipt of a proper invoice from the Contractor. Charges for late payment of invoices other than as prescribed by Title 15, Subtitle 1. of the State Finance and Procurement Article, Annotated Code of Maryland, as from time-to-time amended, are prohibited. The final payment under a PORFP will not be made until after certification is received from the Comptroller of the State that all taxes have been paid. 4.5. In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to perform in a satisfactory and timely manner, then Contractor will be notified and provided a time specified by the State to cure the breach. If the breach is not cured within the time specified within the notification, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to be reduced or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer. 4.6. PORFPs may specifY periodic payments based on deliverables or stages of completion. A PORFP may further specify that a portion of the payments due will be withheld until completion of the PO. The amount withheld from each payment shall be paid to the Contractor within thirty (30) days of the State's acceptance ofa11 deliverablesrequired under the PO and receipt from the Contractor of a release in a form prescribed by the State for any claims arising out of or related to thePORFP. 8 4.7. Payment of an invoice by the State is not evidence that services were rendered as required under this Contract or any applicable PORFP. 5. Patents, Copyrights, InteUectual Property 5.1. Ifthe Contractor furnishes any design, device, material, process, or other item, which is covered by a patent or copyright, or which is proprietary to ~r a trade secret of another, the Contractor shan obtain the necessary permission or license to pennit the State to use such item or items. 5.2. Except as provided in Section 5.4 of this Contract, the Contractor agrees that all documents and materials, including but not limited to, reports, drawings, studies, specifications, estimates, tests. maps, photographs, designs, software, graphics, mechanical, artwork, computations and data prepared by or for the Contractor for purposes oftbis Contract ("Work Product") shall become and remain the sole and exclusive property of the State and shall be available to the State at any time. The State shan have the right to use the same without restriction and without compensation to the Contractor other than that specifically provided by this Contract. 5.3. Except as provided in Section 5.4 of this Contract, the Contractor agrees that at all times during the term of this Contract and thereafter, Work Product shall be "works made for hire" as that term is interpreted under U.S. copyright law and shall be owned by the State. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights and all infonnation used to fonnulate such Work Product. In the event any Work Product is or may not be considered a work made for hire under applicable law, Contractor assigns and transfers to the State the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. Contractor shall execute aU documents and perform such other proper acts as the State may deem necessary to secure for it the rights pursuant to this section. 5.4. Notwithstanding anything to the contrary in this Contract, to the extent (i) the Work Product incorporates any commercial-off-the shelf software (COTS) and/or any Pre-Existing Intellectual Property or (ii) any COTS and/or Pre-Existing Intellectual Property (other than a computer's opemting system, supported internet browser, browser accessibility software or hardware if needed by the user, and software required to access a commonly-available data transmission tool or export fonnat) is required to access, install, build, compile or otherwise use the Work Product (such COTS and Pre-Existing Intellectual Property individually and collectively referred to herein as "Third-party Intellectual Property," which shall be the sole property of Contractor or its third- party licensors, as applicable), Contractor hereby grants to the State, on behalf of itself and any third-party licensors, a royalty-free, paid-up, non-exclusive, unrestricted, unconditional, irrevocable, worldwide right and license, with the right to use, execute, reproduce, display, perfonn, distribute copies of internally, modify and prepare derivative works based upon, such Third-party Intellectual Property as may be necessary for the State to use the Work Product for the purposes for which such Work Product was designed and intended. ''Pre-Existing Intellectual Property" means any program, utility or tool owned by Contmctor or its third-party licensors that was created by Contractor or its third-party licensors independently from its performance of this Contract and not solely using funds from this Contract. 5.5. Subject to the terms of Section 6, Contractor shall defend, indeIIlIli1Y, and hold harmless the State, including, but not limited to, the Department or Requesting Agency and its agents, officers, and employees, from and against any and all claims, costs, losses, damages, liabilities, judgments and expenses (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim the Work Product or any Third-party Intellectual Property infringes, misappropriates or otherwise violates any Third-party Intellectual Property rights. Contractor shall not enter into any settlement involving third party claims that contains any admission of or stipulation to any guilt, fault, liability or wrongdoing by the State or that adversely affects the State's rights or interests, without the State's prior written consent, which consent may be 9 withheld in the State's sole and absolute discretion. 5.6. Except if Contractor has pre-existing knowledge of such infringement, Contractor's obligations under this section will not apply to the extent any Third-party Intellectual Property infringes, misappropriates or otherwise violates any third party intellectual rights as a result of modifications made by the State in violation of the license granted to the State pursuant to Section 5.4; provided that such infringement, misappropriation or violation would not have occurred absent such modification. 5.7. Without limiting Contractor's obligations under Section 5.5, if all or any part of the Work Product or any Third Party lntellectual Property is held, or Contractor or the State reasonably determines that it could be held, to infringe, misappropriate or otherwise violate any third party intellectual property right, Contractor (after consultation with the State and at no cost to the State); (a) shall procure for the State the right to continue using the item or service in accordance with its rights under this Contract; (b) replace the item or service with an item that does not infringe, misappropriate or otherwise violate any third party intellectual property rights and, in the State's sole and absolute detennination, complies with the item's specifications as defined in this Contract, and all rights of use andlor ownership set forth in this Contract; Of (c) modify the item or service so that it no longer infringes, misappropriates or otherwise violates any third party intellectual property right and, in the State's sole and absolute determination, complies with the item's specifications and all rights of use andlor ownership set forth in this Contract. 5.8. Except for any Pre-Existing Intellectual Property and Third-Party Intellectual Property, Contractor shall not acquire any right, title, or interest (including any intellectual property rights subsisting therein) in or to any goods, Software, technical infonnation, specifications, drawings, records, documentation, data or any other materials (including any derivative works thereof) provided by the State to the Contractor. Notwithstanding anything to the contrary herein, the State may, in its sole and absolute discretion, grant the Contractor a license to such materials, subject to the terms of a PORFP executed by the Contractor and an authorized representative of the State. S.9. Without limiting the generality of the foregoing, neither Contractor nor any of its subcontractors shall use any Software or technology in a manner that will cause any patents, copyrights, or other intellectual property which are owned or controlled by the State or any of its affiliates (or for which the State or any of its subcontractors has received license rights) to become subject to any encumbrance or tenns and conditions of any third-party or open source license (including, without limitation, any open source license listed on http://www.opensource.org/licenses/alphabetical) (each an "Open Source License"). These restrictions, limitations, exclusions and conditions shall apply even if the State or any of its subcontractors becomes aware of or fails to act in a manner to address any violation or failure to comply therewith. No act by the State or any of its subcontractors that is undertaken under this Contract as to any Software or technology shall be construed as intending to cause any patents, copyrights or other intellectual property that are owned or controlled by the State (or for which the State has received license rights) to become subject to any encumbrance or terms and conditions of any Open Source License. 5.10. The Contractor shall report to the Department or Requesting Agency, promptly and in written detail, each notice or claim of copyright infringement received by the Contractor with respect to all Work Product delivered under this Contract. S .11. This Section S shall survive expiration or termination of this Contract. 6. Indemnification 6.1. In addition to Contractor's indemnification obligations described in Section 5, Contractor shaH indemnify, defend, and hold the State, its directors, officers, employees and agents harmless from liability for the following conduct arising from or relating to the performance of the Contractor or 10 its subcontractors under this Contract: (a) tangible property damage, bodily injury and death, to the extent caused by or contributed to by Contractor or its subcontractors and (b) fraud or willful misconduct of Contractor or its subcontractors. Such indemnification shall include all related defense costs and expenses attributable to the claims of third parties, including, but not limited to, reasonable attorneys' fees and costs of investigation, litigation, settlement, judgments, interest and penalties. 6.2 Upon the State's request of indemnification under Section 5 or 6, Contractor shall be entitled to control the defense or settlement of the relevant claim with counsel reasonably satisfactory to the State. The State will: (a) provide reasonable cooperation to Contractor in connection with the defense or settlement of the claim, at Contractor's expense; and (b) be entitled to participate in the defense of the claim, at its own expense. 6.3. The State has no obligation to provide legal counsel Of defense to the Contractor or its subcontractors in the event that a suit, claim or action of any character is brought by any person not party to this Contract against the Contractor or its subcontractors as a result of or relating to the Contractor's obligations under this Contract. 6.4. The State has no obligation for the payment of any judgments or the settlement of any claims against the Contractor or its subcontractors as a result of or relating to the Contractor's obligations under this Contract. 6.5. To the extent permitted by applicable law, the Contractor shall immediately notify the Procurement Officer of any claim or suit made or filed against the Contractor or its subcontractors regarding any matter resulting from or relating to the Contractor's obligations under the Contract, and will cooperate, assist, and consult with the State in the defense or investigation of any third party claim, suit, or action made or filed against the State as a result of or relating to the Contractor's performance under this Contract. 6.6. This Section 6 shall survive expiration or termination of this Contract. 7. Limitations of Liability Contractor shall be liable for any loss or damage to the State occasioned by the acts or omissions of Contractor, its subcontractors, agents or employees, including but not limited to personal injury; physical loss; or violations of the Patents, Copyrights, Intellectual Property sections of this Contract, as follows: 7.1. For infringement of patents, trademarks, trade secrets and copyrights as provided in Section 5 ("Patents, Copyrights, Intellectual Property") of this Contract; 7.2. Without limitation, for damages for bodily injury (including death) and damage to real property and tangible personal property; and 7.3. For all other claims, damages, loss, costs, expenses, suits, or actions in any way related to this Contract where liability is not otherwise set forth as being "without limitation," and regardless ofthe basis on which the claim is made, Contractor's liability shall not exceed one (1) time the total amount of the PORFP out of which the claim arises; provided however, the State may, in its sole discretion, decrease the ceiling established hereunder in any PORFP issued pursuant to this RFP. Third~party claims arising under Section 6 ("Indemnification") of this Contract are included in this limitation of liability only if the State is immune from liability. Contractor's liability for third-party claims arising under Section 6 of this Contract shall be unlimited if the State is not immune from liability for claims arising under Section 6. 7.4. In no event shall the existence of a subcontract operate to release or reduce the liability of Contractor hereunder. For purposes of this Contract, Contractor agrees II that all Subcontractors shall be held to be agents of Contractor. S. Prompt Pay Requirements 8.1. If the Contractor withholds payment of an undisputed amount to its subcontractor, the State, at its option and in its sole discretion, may take one or more of the following actions: (a) Not process further payments to the Contractor until payment to the subcontractor is verified; (b) Suspend all or some ofthe Contract work without affecting the completion date(s) for the Contract work; (c) Payor cause payment of the undisputed amount to the subcontractor from monies otherwise due or that may become due to the Contractor; (d) Place a payment for an undisputed amount in an interest-bearing escrow account; ( e) Default Contractor for failing to perform in accordance with the requirement to promptly pay subcontractors; or . (f) Take other or further actions as appropriate to resolve the withheld payment. 8.2. An "undisputed amount" means an amount owed by the Contractor to a subcontractor for which there is no good faith dispute. Such "undisputed amounts" include (a) retainage which had been withheld and is, by the terms of the agreement between the Contractor and subcontractor, due to be distributed to the subcontractor and (b) an amount withheld because of issues arising out of an agreement or occurrence unrelated to the agreement under which the amount is withheld. 8.3. An act, failure to act, or decision of a Procurement Officer or a representative of the Department or Requesting Agency concerning a withheld payment between the Contractor and subcontractor under this Contract, may not: (a) Affect the rights of the contracting parties under any other provision of law; (b) Be used as evidence on the merits of a dispute between the Department or Requesting Agency and the Contractor in any other proceeding; or (c) Result in liability against or prejudice the rights of the Department or Requesting Agency. 8.4 The remedies enumerated above are in addition to those provided under COMAR 21.11.03.13 with respect to subcontractors that have contracted pursuant to the Minority Business Enterprise program. 9. Risk of Loss; Transfer of Title Risk ofloss for conforming supplies, equipment and materials specified as deliverables to the State hereunder shall remain with the Contractor until the supplies, equipment, materials and other deliverables are received and accepted by the State. Title of all such deliverables passes to the State upon acceptance by the State. 10. Source Code Escrow Source Code Escrow is not required for this Contract. 11. Loss of Data In the event of loss of any State data or records where such loss is due to the intentional act, omission, or negligence of the Contractor or any of its subcontractors or agents, the Contractor shall be responsible for recreating such lost data in the manner and on the schedule set by the Contract Manager. The Contractor shall ensure that all data is backed up and is recoverable by the Contractor. In accordance with prevailing federal or state law or regulations, the Contractor shall report the loss 12 of non-public data as directed in Section 16.17. 12. Markings The Contractor shall not affix (or permit any third party to affix), without the Department or Requesting Agency's consent, any restrictive markings upon any Work Product and if such markings are affixed, the Department or Requesting Agency shall have the right at any time to modify, remove, obliterate, or ignore such warnings. 13. Exclusive Use and Ownership Contractor shall not use, sell, sub-lease, assign, give, or otherwise transfer to any third party any other information or material provided to Contractor by the Department or Requesting Agency or developed by Contractor relating to the Contract, except that Contractor may provide said information to any of its officers, employees and subcontractors who Contractor requires to have said information for fulfillment of Contractor's obligations hereunder. Each officer, employee and/or subcontractor to whom any of the Department or Requesting Agency's confidential information is to be disclosed shall be advised by Contractor of and bound by the confidentiality and intellectual property terms of this Contract. 14. Notification of Legal Requests The Contractor shall contact the State upon receipt of any electronic discovery, litigation holds, discovery searches and expert testimonies related to the State's data under this Contract, or which in any way might reasonably require access to the data of the State, unless prohibited by law from providing such notice. The Contractor shall not respond to subpoenas, service of process and other legal requests related to the State without first notifying the State, unless prohibited by law from providing such notice. 15. Effect of Contractor Bankruptcy All rights and liCenses granted by the Contractor under this Contract are and shall be deemed to be rights and licenses to "intellectual property," and the subject matter of this Contract, including services, is and shall be deemed to be "embodiments of intellectual property" for purposes of and as such terms are used and interpreted under § 365(n) of the United States Bankruptcy Code ("Code") (11 U.S.C. § 365(n) (2010». The State has the rightto exercise all rights and elections under the Code and all other applicable bankruptcy, insolvency and similar laws with respect to this Contract (including all executory statement of works). Without limiting the generality of the foregoing, if the Contractor or its estate becomes subject to any bankruptcy or similar proceeding: (a) subject to the State's rights of election, all rights and licenses granted to the State under this Contract shall continue subject to the respective terms and conditions of this Contract; and (b) the State shall be entitled to a complete duplicate of (or complete access to, as appropriate) all such intellectual property and embodiments of intellectual property, and the same, if not already in the State's possession, shall be promptly delivered to the State, unless the Contractor elects to and does in fact continue to perform all of its obligations under this Contract. 16. ConfidentiaUty Subject to the Maryland Public Information Act and any other applicable laws, all confidential or proprietary information and documentation relating to either party (including without limitation, any information or data stored within the Contractor's computer systems) shall be held in absolute confidence by the other party. Each party shall, however, be permitted to disclose relevant confidential information to its officers, agents and employees to the extent that such disclosure is necessary for the performance of their duties under this Contract, provided the data may be collected, used, disclosed, stored and disseminated only as provided by and consistent with the law. The 13 provisions of this section shall not apply to infOimation that (a) is lawfully in the public domain; (b) has been independently developed by the other party without violation ofthisContract; (c) was· . already in the possession of s\lcl;t pal,ty; (d) was supplied to such party bya third party lawfully in possession thereof and legally permitted to further disclose the inforniation; or (e) which such party is required to disclose bylaw. This Section shall survive expiration or terttrination of the Contract. 17. Parent Company Guarllntee ~jil,jliijj)m 1~i.iitQli!~i·c.' ......... ""'C:',~4t~q~i~~ilherebyguarantees absolutely the full, prompt and complete perforniance by , .lt~9.totl" of all the terms, conditions and obligations contained in this Contract, as it may be amended from time to time, including any and all exhibits that are now or may become incorporated hereunto, and other obligations of every nature and kind that now or may in the future arise out of or in connectionwiththis Contract, including any and aU financial commi~ents, obligations and liabilities. "t~~p.:~1eT(~~~,plfJg~jM]~~t.Piim~]" may not transfer this absolute guaranty to any other person or. entity without the prior express written approval of the State, which al'oval the State ina ant Withhold, or qualify in its sole and absolute subjective discretion. II ',; -.-further agrees thatiftheStatebrings any claim, action, suit otproceedilig against " w--·~1Jiit_~~~~4tfJ9iii1i.im~jj" may be named as a party, in its capaCity as Absolute Guarantor. 18. Genei;alTermsand Conditions Unless otherwise noted, the General Terms and Conditions are mandatory ContractTelms and cannot and will not be revised. 18.1. Pre-Existing Regulations In accordance with the provisions of Section 11-206 of the Sta,te Finance and Procurement Article; Annotated Code of Maryland, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR 21) in effect on the date of execution of this Contract are appticable to this Contract. 18;2. Maryland Law Prevails This Contract shall be construed, interpreted, and enforced according to the laws of the State ofIyIaryland. The Maryland Uniform Computer Information Transactions Act (Commercial Law Article, Title 22 of the Annotated Code of Maryland) does not apply to this Contract, the Software, Qr any Software license acquired hereunder. Any and all references to the Annotated CQde ofM:aryland contained in. this Contract shall be construed to refer to' such Code sections as from time to time amended. 18.3. Multi-yeal' Contracts Contingent Upon Appl"opl'iations If the General Assembly fails to appropriate funds or if funds are nQt otherwise made available for cQntinued performance for any fiscal period of this Contract succeeding the first fiscal period, this Contract shall be canceled automatically as Qfthebeginning of the fiscal year for which funds were nQt appropriated or otherwise made available; provided, however, that this will no! affect either the State's rights or the Contractor's rights under any termination clause in this Contract. The effect of termination of the Contract hereunder will be to discharge both the Contractor and the State of Maryland from future performance of the Contract, but not from their rights and obligations existing at the time Qf termination. The Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the Contract. The State shall notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fillcal period beyond the first. 14 18.4. Cost and Price Certification The Contractor, by submitting cost or price infonnation certifies that, to the best of its knowledge, the infoIDlation submitted is accurate, complete, and current as of a mutually determined specified date prior to the conclusion of any price discussions or negotiations. The price under this Conh'act (including any PQtatld any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Contractor furnished cost or price information which, as of the date agreed upon between the parties, was inaccurate, incomplete, or not current. 18.5. Contract Modifications The Procurement Officer may, at any time, by written order, make changes in the work within the general scope of the Contract or a PO. No other order, statement or conduct of the Procurement Officer or any other person shall be treated as a change or entitle the Contractor to an equitable adjustment under this section. Except as otherwise provided in this Contract, if any change under this section causes an increase or decrease in the Contractor's cost of, or the time required for, the performance of any part of the work, an equitable adjustment in the Contract price shall be made and the Contract modified in writing accordingly. Pursuant to COMAR 21.10.04, the Contractor must assert in writing its right to an adjustment under this section and shall include a written statement setting forth the nature and cost of such claim. No claim by the Contractor shall be allowed if asserted after final payment under this Contract. Failure to agree to an adjustment under this section shall be a dispute under Section 18.8, Disputes. Nothing in this section shall excuse the Contractor from proceeding with the Contract as changed. 18.6. Termination for Default lithe Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, the State may teIDlinate the Contract by written notice to the Contractor, The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Contractor shall, at the State's option, become the State's property. The State of Maryland shall pay the Contractor fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the Contractor's breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and the State can affirmatively collect damages. Termination hereunder, including the termination of the rights and obligations of the parties, shall be governed by the provisions of CO MAR 21.07.01.l1B. 18.7. Termination for Convenience The performance of work under this Contract may be terminated by the State in accordance with this clause in whole, or from time to time in part, whenever the State shall determine that such termination is in the best interest of the State. The State will pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract. However, the Contractor shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shan be governed by the provisions of CO MAR 21.07.01.12A(2). 18.8. Disputes This Contract shall be subject to the provisions of Title 15, Subtitle 2, of the State Finance 15 and Procurement Article of the Annotated Code of Maryland, as from time to time amended, and COMAR 21.10 (Administrative and Civil Remedies). Pending resolution of a claim, the Contractor shall proceed diligently with the performance ofthe Contract in accordance with the Procurement Officer's decision. Unless a lesser period is provided by applicable statute, regulation, or the Contract, the Contractor must file a written notice of claim with the Procurement Officer within 30 days after the basis for the claim is known or should have been known, whichever is earlier. Contempomneously with or within 30 days of the filing of a notice of claim, but no later than the date of final payment under the Contract, the Contractor must submit to the Procurement Officer its written claim containing the information specified in COMAR 21.10.04.02. 18.9. Living Wage If a Contractor subject to the Living Wage law fails to submit all records required under COMAR 21.11.10.05 to the Commissioner of Labor and Industry at the Department of Labor, Licensing and Regulation, the Department or Requesting Agency may withhold payment of any invoice or retainage. The Department or Requesting Agency may require certification from the Commissioner on a quarterly basis that such records were properly submitted. 18.10. Non-Hiring of Employees 18.11. No official or employee of the State of Maryland, as defined under General Provisions Article, §5~10l, .Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contract, shall during the pendency and term of this Contract and while serving as an official or employee of the State become or be an employee of the Contractor or any entity that is a subcontractor on this Contract. Nondiscrimination in Employment The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, sexual orientation, sexual identity, ancestry, or disability ofa qualified person with a disability, sexual orientation, or any otherwise unlawful use of characteristics; (b) to include a provision similar to that contained in subsection (a), above, in any underlying subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 18.12. Commercial Non~Discrimination 18.12.1. As a condition of entering into this Contract, Contractor represents and warrants that it will comply with the State's Commercial Nondiscrimination Policy, as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance, Contractor may not discriminate on the basis of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientation, sexual identity, disability, or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination. Contractor shall provide equal opportunity for subcontractors, vendors, and suppliers to participate in a11 of its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. 16 Contractor understands that a material violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Contract, disqualification of Contractor from participating in State coutracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party. 18.12.2. As a condition of entering into this Contract, upon the request of the Commission on Civil Rights, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all subcontractors, vendors, and suppliers that Contractor has used in the past four (4) years on any ofits contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State's Commercial Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland, and to provide any documents relevant to any investigation that are requested by the State. Contractor understands that violation of this clause is a material breach of this Contract and may result in Contract termination, disqualification by the State from .participating in State contracts, and other sanctions. 18.13. Subcontracting and Assignment The Contractor may not subcontract any portion of the products or services provided under this Contract without obtaining the prior written approval of the Procurement Officer, nor may the Contractor assign this Contract or any of its rights or obligations hereunder, without the prior written approval of the State. Any such approvals shall be at the State's sole and absolute discretion. Any such subcontract or assignment shall include the terms of this Contract and any other terms and conditions that the State deems necessary to protect its interests. The State shall not be responsible for the fulfillment of the Contractor's obligations to any subcontractors. 18.14. Minority Business Enterprise Participation 18.14.1. Establishment of Goal and Subgoals. MBE subcontractor participation goal and subgoals have been established for this procurement as described in section 1.24 of the RFP. 18.14.2. Liquidated Damages 18.14.2.1. This Contract requires the Contractor to make good faith efforts to comply with the MBE Program and Contract provisions. The State and the Contractor acknowledge and agree that the State will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, jf the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and MBE Contract provisions. The parties further acknowledge and agree that the damages the State might reasonably be anticipated to accrue as a result of such lack of compliance are difficult to ascertain with precision. 18.14.2.2. Therefore, upon a determination by the State that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or Contract provisions, the Contractor agrees to pay liquidated 17 damages to the State at the rates set forth below. The Contractor expressly agrees that the State may withhold payment on any invoices as a set-off against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the State is anticipated to incur as a result of such violation. i. Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B (3): an amount per day establisbed at the PORFP level per day until the monthly report is submitted as required. ii. Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): an amognt per day established at the PORFP level per MBE subcontr~ctor. iii. Failure to comply with COMAR 21.11.03.12 in tenninating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor andlor amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE fum and the dollar value of the work performed by that MBE finn for the contract. iv. Failure to meet the Contractor's total MBE participation goal and sub goal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved. v. Failure to promptly pay all undisputed amounts to an MBE subcontractor in full compliance with the prompt payment provisions of this Contract: an amognt Per day established at the PORFP level per day until the undisputed amount due to the MBE subcontractor is paid. Notwithstanding the use of liquidated damages, the State reserves the right to terminate the Contract and exercise all other rights and remedies provided in the Contract or by law. 18.14.3. MBE Prompt Pay Requirements 18.14.3.1. To ensure compliance with certifiedMBE subcontract participation goals, the Department or Agency may, consistent with COMAR 21.11.03.13, take the following measures: A) Verify that the certified MBEs listed in the MBE participation schedule actually are performing work and receiving compensation . as set forth in the MBE participation schedule. This verification may include, as appropriate: (1) Inspecting any relevant records of the Contractor; (2) Inspecting the jobsite; and (3) Interviewing subcontractors and workers. (4) Verification shall include a review of: (a) The Contractor's monthly report listing unpaid invoices over 30 days old from certified MBE subcontractors and the reason for nonpayment; and 18 IS.IS. 18.16. 18.17. (b) The monthly report of each certified MBE subcontractor, which lists payments received from the Contractor in the preceding 30 days and invoices for which the subcontractor has not been paid. B) If the Department or Agency determines that the Contractor is not in compliance with certified MBE participation goals, then the Department or Agency will notifY the Contractor in writing of its findings, and will require the Contractor to take appropriate corrective action. Corrective action may include, but is not limited to, requiring the Contractor to compensate the MBE for work performed as set forth in the MBE participation schedule. C) If the Department or Agency determines that the Contractor is in material noncompliance with MBE Contract provisions and refuses or fails to take the corrective action that the Department or Agency requires, then the Department or Agency may: (1) Terminate the Contract; (2) Refer the matter to the Office of the Attorney General for appropriate action; or (3) Initiate any other specific remedy identified by this Contract. 18.14.3.2. Upon completion of the contract, but before final payment or release of retainage or both, the Contractor shall submit a fmal report, in affidavit form under the penalty of perjury, of all payments made to, or withheld from MBE subcontractors. Insurance Requirements The Contractor shall maintain workers' compensation coverage, property and casualty and any other insurance as required in the RFP. The minimum limits of such policies must meet any minimum requirements established by law and the limits of insurance required by the RFP, and shall cover losses resulting from or arising out of Contractor action or inaction in the performance of services under the Contract by the Contractor, its agents, servants, employees or subcontractors. Effective no later than the date of execution of the Contract, and continuing for the duration of the Contract term, and any applicable renewal periods, the Contractor shall maintain such insurance coverage and shall report such insurance annually or upon Contract renewal, whichever is earlier, to the Procurement Officer. The Contractor is required to notifY the Procurement Officer in writing, if policies are cancelled or not renewed 5 days ofleaming of such cancellation andlor nonrenewal. Certificates of insurance evidencing this coverage shall be provided within five (5) days of notice of recommended award. All insurance policies shall be issued by a company properly authorized to do business in the State of Maryland. The State shall be named as an additional named insured on the property and casualty policy and as required in the RFP. Veteran Owned Small Business Enterprise Participation There is no VSBE subcontractor participation goal for this procurement. Security Requirements and Incident Response The Contractor agrees to abide by all applicable federal, State and local laws concerning 19 18.18. information security and comply with current State and Department of Information Technology information security policy, currently found at http://doit.maryland.gov/Publications/DoITSecurityPolicy.pdf. Contractor shall limit access to and possession of Sensitive Data to only employees whose responsibilities reasonably require such access or possession and shall train such employees on the Confidentiality obligations set forth herein. This Section 18 shall survive expiration or termination of this Contract. Suspension of Work The Procurement Officer unilatemlly may order the Contractor in writing to suspend, delay, or interrupt all or any part of its performance for such period of time as the Procurement Officer may determine to be appropriate for the convenience of the State. 18.19. Nonvisual Accessibility Warranty 18.19.1. The Contractor warrants that the information technology to be provided under the Contract. (a) provides equivalent access for effective use by both visual and non-visual means; (b) will present information, including prompts used for interactive communications, in formats intended for both visual and non-visual use; (c) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and (d) is available, whenever possible, without modification for compatibility with Software and hardware for non-visual access. 18.19.2. The Contractor further warrants that the cost, if any, of modifying the information technology for compatibility with Software and hardware used for non-visual access does not increase the cost of the information technology by more than five percent. For purposes of this Contract, the pbmse "equivalent access" means the ability to receive, use and manipulate information and operate controls necessary to access and use information technology by non-visual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output. 18.20. CompHance with Laws/Arrearages The Contractor hereby represents and warrants that: 18.20.1 !tis qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified; 18.20.2. It is not in arrears with respect to the payment of any monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the teon of this Contract; 18.20.3. It shall comply with all federal, State and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and, 18.20.4. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the perfonnance of its obligations under this Contract. 20 18.21. Contingent Fee Prohibition The Contractor warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or bona fide agent working for the Contractor to solicit or secure this Contract, and that it has not paid or agreed to pay any person, partnership, corporation or other entity, other than a bona fide employee or bona fide agent, any fee or other consideration contingent on the making of this Contract. 18.22. Delays and Extensions of Time The Contractor agrees to perform this Contract continuously and diligently. No charges or claims for damages shall be made by the Contractor for any delays or hindrances from any cause whatsoever during the progress of any portion of the work specified in this Contract. Time extensions will be granted only for excusable delays that arise from unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to acts of God, acts ofthe public enemy, acts of the State in either its sovereign or contractual capacity, acts of another contractor in the performance of a contract with the State, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subcontractors or suppliers arising from unforeseeable causes beyond the control and without the fanlt or negligence of either the Contractor or the subcontractors or suppliers. 18.23. Financial Disclosure 18.24. The Contractor shall comply with the provisions of §13-221 of the State Finance and Procurement Article of the Annotated Code of Maryland, which requires that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more, shall, within 30 days of the time when the aggregate value of these contracts, leases or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. Political Contribution Disclosure The Contractor shall comply with the provisions of Md. Code Ann., Election Law Article, Title 14, which requires that every person that enters into a contract for procurement with the State, a county or a municipal corporation or other political subdivision of the State, during a calendar year in which the person receives a contract with a governmental entity in the aggregate $200,000 or more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in any primary or general election and (b) the name of each candidate to whom one or more contributions in a cumulative amount of $500 or more were made during the reporting period .. The statement shall be filed with the State Board of Elections: (1) before execution of a contract by the State, a county, municipal corporation, Of other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (2) if the contribution is made after the execution of a contract, then twice a year, throughout the contract term, 011: (i) February 5, to cover the six-month period ending January 31; and (ii) August 5, to cover the six-month period ending July 31. Additional information is available on the State Board of Elections website: http://www.elections.state.md.us/campaign _ finance/index.html. 18.25. Retention of Records and Audit 18.25.1. The Contractor and Subcontractors shall retain and maintain all records and 21 18.25.2 18.25.3 18.25.4 18.25.5 documents in any way relating to this Contract for three (3) years after flnal payment by the State under this Contract, or any applicable statute of limitations, prevailing federal or State law or regulation, or condition of award, whichever is longer, and shall make them available for inspection and audit by authorized representatives of the State, including the Procurement Officer or the Procurement Officer's designee, at all reasonable times. The Contractor shall, upon request by the Department, surrender all and every copy of documents needed by the State. including, but not limited to itemized billing documentation containing the dates, hours spent and work performed by the Contractor and its subcontractors un4er the Contract. The Contractor agrees to cooperate fully in any audit conducted by or on behalf of the State, including, by ,way of example only, making records and employees available as, where, and to the extent requested by the State and by assisting the auditors in reconciling any audit variances. Contractor shall not be compensated for providing any such cooperation and assistance. All records related in any way to the Contract are to be retained for the entire time provided under this section. The State reserves the right, at its sole discretion and at any time, to perform an audit of the Contractor's and/or Subcontractors' performance under this Contract. In this Contract, an audit is deflned as a planned and documented independent activity performed by qualif1ed personnel, including but not limited to State and federal auditors, to determine by investigation, examination, or evaluation of objective evidence from data, statements, records, operations and performance practices (financial or otherwise) the Contractor's and/or SUbcontractor's compliance with the Contract, including but not limited to the adequacy and compliance with established procedures and internal controls over the services being performed for the State. Upon three (3) business days' notice, Contractor and/or Subcontractors shall provide the State reasonable access during normal business hours to their records to verifY conformance to the terms of this Contract. The State shall be permitted to conduct these audits with any or all of its own internal resources or by securing the services of a third party accounting/audit firm, solely at the State's election. The State shall have the right to copy, at its own expense, any record related to the services performed pursuant to this Contract. Contractor and/or Subcontractors shall cooperate with the State or the designated auditor and shall provide the necessary assistance for the State or the designated auditor to conduct the audit. The right to audit shall include subcontracts in which goods or services are subcontracted by Contractor and/or Subcontractors and that provide essential support to the services provided to the State under this Contract. Contractor and/or Subcontractors shall ensure the State has the right to audit with any lower tier Subcontractor. 18.25.6. This Section 18.25 shall survive expiration or termination of this Contract. 18.26 Compliance with federal Health Insurance Portabillty and AccountabiUty Act (HIP AA) and State Confidentiality Law HIP AA clauses do not apply to this Contract. 19. Administrative Information 19.1. Procurement Officer and Contract Manager The day-to-day work to be accomplished under this Contract shall be performed under the 22 direction of the Contract Manager and, as appropriate, the Procurement Officer. All matters relating to the interpretation of this Contract shall be referred to the Procurement Officer for determination. 19.2. Notices All notices hereunder shalt be in writing and either delivered personally or sent by certified or registered mail, postage prepaid as follows: If to the State: With a copy to: State of Maryland Department of Information Technology 4S Calvert Street Annapolis, MD 21401~1907 Gayle Mealy Department of Information Technology (DolT) 45 Calvert Street, Rm 424A Annapolis, MD 21401-1907 Gayle.Mealy@maryland.gov If to the Contractor: Attn: ______ _ IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth. CONTRACTOR DEPARTMENT OF INFORMATION TECHNOLOGY ............. _-" vr~1M; By: v Alb~rt G. BJllock, ~hief~fStaff . . 7-/ 7( 11r;; ISy: Compuquip Technologies, LLC ---:s:lG<M. ~~....J 0'1 06/21/16 I 23 / (2... ~, // Approved for form and legal sufficiency this -----''----'-1_ day of_-="-J=--=-_i-\---201JQ. ItL{L- Assistant Attorney G~neral ' APPROVED BY BPW: &! "Z.,L.-[ I k (~ate) 24 3-, 'f (BPWItem#) A. AUTHORITY I HEREBY AFFIRM THAT: I, Ivan Rezvoy (name of affiant), am the Diraator of Pinlltl"" (title) and duly authorized representative of Compugulp Technologies. LLC (name of business entity) and I possess the legal authority to make this affidavit on behalf of the business for which I am acting. B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION 1 FURTHER AFFIRM THAT: The business named above is a (check applicable box): (1) Corporation -0 domestic or 0 foreign; (2) Limited Liability Company lL 12!1 domestic or 0 foreign; (3) Partnership -0 domestic or 0 foreign; (4) Statutory Trust-0 domestic or 0 foreign; (5) 0 Sole Proprietorship. and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is: Name and Department ID Number: ___________ --.-.:Address: ____________ _ and that if it does business under a trade name; it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as: Name and Department ID Number: ____________ ------- Address: ---------------------------- C. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, § 13-221, Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies 25 during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership ofthe business. D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, Election Law Article, Title 14, Annotated Code of Maryland, which requires that every person that enters into a contract for a pl'Ocurementwith the State, aCQUllty, or a municipal corporation, 01' Other political subdivision of the State; dul'ing a calendar year in which the person receives a contract with a governmental entity in the amoullt of $200,000 Ol'more, shall file with the State Board of Elections statements disclosing: (a) any contributions made during the reporting period to a candidate for elective office in anyprinImy or gelleral election; and (b) the name· of each candidate to whom one or more contributions in a cumulative amount of $500 or more·were made during the reporting period. The statemc:mt shall be filed with the State Board of Elections: (a) before execution of a contract by the State, a county, a municipal corporation, or other political subdivision of the State, and shall cover the 24 months prior to when a contract was awarded; and (b) if the contribution isinade after the execution of a contract,then twice a year, throughout the contract term, on: (i) February 5, to cover the six (6) month period ending January 31; and (ii) August 5, to covel' the six (6) month period ending July 31. Additional infonnation is available on the State Board of Elections website: http://www.electiolls.state.md.us/campaignfinallce/index.htm1. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head's designee has determined that application of COMAR 21.11 ;08 and this ce11ification would be inappropriate in connection with the law enforcement agency's undercover operations.) I CERTIFY THAT: (1) Terms defined ill COMAR 21.11 ,08 shall have the same meanings when used in this cel1ification. (2) By sublnission of its BidlPl'Oposal, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business .shall: (a) Maintain a workplace free of drug and alcohol abuse during the term of the contract; (b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, 01' use of drugs, and the abuse of dmgs or alcohol is prohibited in the 26 business' workplace and specifying the actions that will be taken against employees for violation of these prohibitions; (c) Prohibit its employees from working under the influence of drugs or alcohol; (d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred; (f) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) The dangers of drug and alcohol abuse in the workplace; (ii) The business's policy of maintaining a drug and alcohol free workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; . (g) Provide all employees engaged in the performance of the contract with a copy of the statement required by §E(2)(b), above; (h) Notify its employees in the statement required by §E(2)(b), above, that as a condition of continued employment on the contract, the employee shall: (i) Abide by the tenns of the statement; and (ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i) Notify the procurement officer within 10 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction; (j) Within 30 days after receiving notice under §E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense OCCUlTing in the workplace: (i) Take appropriate personnel action against an employee, up to and including termination; or (ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and 27 (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(a)---(j), above. (3) If the business is an individual, the individual shall certify and agree as set forth in §E(4), below, that the individual shall not engage in the unlawful manufacture, distribution. dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract. (4) I acknowledge and agree that: (a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification; (b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments under. or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and (c) The violation ofthe provisions of CO MAR 21.11.08 or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR 21.08.03. F. CERTAIN AFFIRMATIONS VALID I FURTHER AFFIRM THAT: To the best of my knowledge, information, and belief, each of the affirmations, certifications. or acknowledgements contained in that certain BidlProposal Affidavit dated , 20~ , and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as ifmade as of the date of this Contract Affldavit and as if fully set forth herein. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: 06/21/2016 By: Ivan Rezvoy (printed name of Authorized Representative and Mfiant) ____ ~ __ ~----''''----______ (signature of Authorized Representative and Affiant) 28 Agency Contact: Al Bullock (410) 260-6256 AI.Bullock@maryland.gov Carla Thompson (410) 260-6155 Carla. Thompson@maryland.gov 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY Contract ID: Hardware and Associated Equipment & Services (Hardware 2012) eMMSolicitation No.: MDF5031024526 ADPICS BPO No.: 060B2490022, COG75325 Contract Description: Multiple award, indefinite quantity, purchase order request for proposals- based Master Contract to provide hardware, installation, training services and manufacturer's extended warranty. excludes laptops and desktops. Award: See Page 9D-I0D Term: 7/112016 -1112412027 (11 years) Amount: $100,000,000 Procurement Method: Competitive Sealed Proposals Proposals: 66 proposals received MBE Participation: 1 % (Functional Area IV only) Incumbent: 73 Master Contractors Remarks: Reference is made to DolT Item 4-IT (11114112) in which the Board of Public Works approved the award of Master Contracts for hardware, installation, training services and manufacturer's extended warranty. Laptops and desktops are excluded. Throughout the Master Contract 15-year term, DolT issues an expansion window announcement every three years at which time: (1) new offerors may propose for inclusion on the Master Contract; and (2) existing Master Contractors may add functional areas and manufacturers. This is the first expansion window since the Master Contract was originally approved in 2012. A notice of the availability of the Request for Proposals was advertised on eMarylandMarketplace.com and on DolT's website. An e-mail notice was delivered to all prospective offerors identified as capable of delivering the services in the State Minority Business Enterprise Directory. 29 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) Remarks: (cont'd) For this expansion window, DolT received 66 proposals. DolT is recommending award of Master Contracts to 35 qualified offerors. Of the 35, 16 are Maryland resident businesses, 7 small businesses, and 6 are MBEs. (There are potentially an additional 25 offerors that may be added to for this expansion window once DolT has received notification that they are either in good standing with SDAT or have registered to do business with the State. DolT will return to the Board seeking approval for any additional awards.) Through the expansion window, DolT added Functional Area VI -Security, Cameras and Associated Peripherals, bringing the total number of functional areas to six: Functional Area I -Servers and Associated Peripherals Functional Area II -Printers and Associated Peripherals Functional Area III -Network Communications Equipment Functional Area IV -Installation and Training Services Functional Area V -Manufacturer's Extended Warranty Functional Area VI -Security, Cameras and Associated Peripherals (NEW) A using agency that seeks to procure hardware, installation, training services, or manufacturer's extended warranty will issue a competitive Purchase Order Request for Proposal to all Master Contractors within the appropriate functional area who are authorized to provide the hardware and or services for the product line. For Small Business Reserve PORFPs, only Master Contractors that are DGS-certified small businesses will be able to complete within its approved functional area. Master Contractors affirmed that their prices for the PORFPs will not exceed the manufacturer's suggested retail price. Because the PORFP process is competitive, prices should be lower than those allowed under the Master Contracts. Functional Area IV provides the only potential for subcontracting opportunities; therefore an overall MBE subcontractor participation goal of 1 % has been established for these Master Contracts by DolT in conjunction with the Governor's office of Minority Affairs. This procurement vehicle was designed to provide State agencies with a wide selection of Master Contractors who offer an extensive variety of hardware and associated services. State agencies will obtain hardware, installation, training and maintenance services quickly and efficiently by issuing PORRPs specific to each agency's needs. This contracting vehicle is also available to Maryland counties and municipalities. 30 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) Remarks: (cont'd) Because the remaining term of this Hardware Master Contract is approximately 11 + years, the State will receive the full benefit of any maintenance agreement associated with PORFPs from the Hardware Master Contract. Hardware Master Contracts Amount: Board approved $57 million ceiling for. DolT Item 4-IT (1111412012) Board approved $35 million increase in ceiling. DolT Item 2-JT-MOD (1011512014) Board approved $12 million increase in ceiling bringing total authorized Hardware Master Contracts to $104 million. DolT Item 4-JT-MOD [312312016J DolT recommends increasing the ceiling amount by $100 million. This amount was determined by using spend statistics over the past three years of the contract. DolT will provide additional expansion windows for this Master Contract every three years. DolT will return to the Board to seek approval of additional offerors or if an increase in the not- to-exceed amount is necessary. Fund Source: Various Approp. Code: Various Resident Business: See Page 9D-I0D MD Tax Clearance: See Page 9D-I OD BOARD OF PUBLIC WORKS THIS ITEM WAS: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION 31 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) Companies recommended for Hardware 2012 Award Resident MDTax Company Name Corp. City State Business Clearance Columbia MD Y 16-2158- 1 A&T Marketing, Inc., / A&T Networks 0111 McLean VA N 16-2159- 2 Advanced Computer Concepts 1110 Sterling VA N 16-2160- 3 AlphaSix Corporation 1110 Applied Network Consulting Group, Inc. Greenville SC N 16-2161- 4 (ANC) 1001 Baltimore MD Y 16-2162- 5 Barcoding, Inc. 1111 Abingdon MD Y 16-2163- 6 Bogdan Computer Services, Inc. 1111 Reston VA N 16-2164- 7 Carahsoft Technology Corporation 1010 16-2165- 8 CareTech, LLC Hagerstown MD Y 1000 16-2166- 9 Ciber, Inc. Greenwood Village CO N 1011 16-2167- 10 Communications Electronics, Inc. Timonium MD Y 1110 16-2168- 11 Compuquip Technologies Doral FL N 0000 16-2169- 12 Computer Systems Support, Inc. Miami FL N 0000 16-2170- 13 Continental Technologies, Inc. (CTI) Hunt Valley MD Y 1111 16-2171- 14 Datalink Corporation Eden Prairie MN N 1111 16-2172- 15 Electronic Data Solutions, Inc. Baltimore MD Y 1111 16-2173- 16 EnNet Services, LLC Frederick MD Y 1111 16-2174- 17 Enterprise Consulting, Inc. Eldersburg MD Y 1111 16-2175- 18 Insight Public Sector Inc. Tempe AZ N 1111 16-2176- 19 Interclypse, Inc. Hanover MD Y 1111 16-2177- 20 Kratos-PSS San Diego CA N 1111 16-2178- 21 Kustom Signals, Inc. Lenexa KS N 0111 32 Resident MDTax Company Name Corp. City State Business Clearance 16-2179- 22 Lexmark International, Inc. Lexington KY N 1111 16-2180- 23 Magothy Technolo~ Pasadena MD Y 1111 16-2181- 24 MS Technologies Corporation Rockville MD Y 1111 16-2182- 25 NEC Corporation of America Irving TX N 1111 16-2183- 26 Networking for Future, Inc. Washington DC N 1111 16-2184- 27 Networking Technologies & Support, Inc. Midlothian VA N 1111 16-2185- 28 Phillips Office Solutions Middletown PA N 1111 16-2186- 29 Ronco Communications Tonawanda NY N 0110 16-2187- 30 S3 Integration Baltimore MD Y 1111 16-2188- 31 SCD Information Technology Columbia MD Y 1011 16-2189- 32 SNAP, Inc. Chantilly VA N 1111 16-2190- 33 Soft-Con Enterprises, Inc. Hyattsville MD Y 0111 , 16-2191- 34 Visionary Technology Consultants (VTC) Maple Lawn MD Y 0111 16-2192- 35 Visual SoundlKunz A V Broomall PA N 1111 33 DoIT6D Supplement D Department of Information Technology ACTION AGENDA June 22,2016 Agency Contact: Al Bullock (410) 260-6256 AI.Bullock@maryland.gov Carla Thompson (410) 260-61 55 Carla. Thompson@maryland.gov 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY Contract ID: Hardware and Associated Equipment & Services (Hardware 2012) eMM Solicitation No.: MDF5031 024526 ADPICS BPO No.: 060B2490022, COG75325 Contract Description: Multiple award, indefinite quantity, purchase order request for proposals- based Master Contract to provide hardware, installation, training services and manufacturer's extended warranty. excludes laptops and desktops. Award: See Page 9D-10D Term: 7/112016 -11124/2027 (11 years) Amount: $100,000,000 Procurement Method: Competitive Sealed Proposals Proposals: 66 proposals received MBE Participation: 1 % (Functional Area IV only) Incumbent: 73 Master Contractors Remarks: Reference is made to DolT Item 4-IT (11114112) in which the Board of Public Works approved the award of Master Contracts for hardware, installation, training services and manufacturer's extended warranty. Laptops and desktops are excluded. Throughout the Master Contract 15-year term, DolT issues an expansion window announcement every three years at which time: (1) new offerors may propose for inclusion on the Master Contract; and (2) existing Master Contractors may add functional areas and manufacturers. This is the first expansion window since the Master Contract was originally approved in 2012. A notice of the availability of the Request for Proposals was advertised on eMarylandMarketplace.com and on DolT's website. An e-mail notice was delivered to all prospective offerors identified as capable of delivering the services in the State Minority Business Enterprise Directory. Supplement D Department of Information Technology ACTION AGENDA June 22,2016 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) DoIT7D Remarks: (cont'd) For this expansion window, DolT received 66 proposals. DolT is recommending award of Master Contracts to 35 qualified offerors. Of the 35, 16 are Maryland resident businesses, 7 small businesses, and 6 are MBEs. (There are potentially an additional 25 offerors that may be added to for this expansion window once DolT has received notification that they are either in good standing with SDAT or have registered to do business with the State. DolT will return to the Board seeking approval for any additionai awards.) Through the expansion window, DolT added Functional Area VI -Security, Cameras and Associated Peripherals, bringing the total number of functional areas to six: Functional Area I -Servers and Associated Peripherals Functional Area II -Printers and Associated Peripherals Functional Area III -Network Communications Equipment Functional Area IV -Installation and Training Services Functional Area V -Manufacturer's Extended Warranty Functional Area VI -Security, Cameras and Associated Peripherals (NEW) A using agency that seeks to procure hardware, installation, training services, or manufacturer's extended warranty will issue a competitive Purchase Order Request for Proposal to all Master Contractors within the appropriate functional area who are authorized to provide the hardware and or services for the product line. For Small Business Reserve PORFPs, only Master Contractors that are DOS-certified small businesses will be able to complete within its approved functional area. Master Contractors affinned that their prices for the PORFPs will not exceed the manufacturer's suggested retail price. Because the PORFP process is competitive, prices should be lower than those allowed under the Master Contracts. Functional Area IV provides the only potential for subcontracting opportunities; therefore an overall MBE subcontractor participation goal of 1 % has been established for these Master Contracts by DolT in conjunction with the Governor's office of Minority Affairs. This procurement vehicle was designed to provide State agencies with a wide selection of Master Contractors who offer an extensive variety of hardware and associated services. State agencies will obtain hardware, installation, training and maintenance services quickly and efficiently by issuing PORRPs specific to each agency's needs. This contracting vehicle is also available to Maryland counties and municipalities. Supplement D Department of Information Technology ACTION AGENDA June 22, 2016 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) DolT 8D Remarks: (cont'd) Because the remaining term of this Hardware Master Contract is approximately 11 + years, the State will receive the full benefit of any maintenance agreement associated with PORFPs from the Hardware Master Contract. Hardware Master Contracts Amount: Board approved $57 million ceiling for. DolT Item 4-IT (1111412012) Board approved $35 million increase in ceiling. DolT Item 2-IT-MOD (10115/2014) Board approved $12 million increase in ceiling bringing total authorized Hardware Master Contracts to $104 million. DolT Item 4-IT-MOD [312312016j DolT recommends increasing the ceiling amount by $100 million. This amount was determined by using spend statistics over the past three years of the contract. DolT will provide additional expansion windows for this Master Contract every three years. DolT will return to the Board to seek approval of additional offerors or if an increase in the not- to-exceed amount is necessary. Fund Source: Various Approp. Code: Various Resident Business: See Page 9D-l OD MD Tax Clearance: See Page 9D-I0D BOARD OF PUBLIC WORKS THIS ITEM WAS: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION Supplement D Department of Information Technology ACTION AGENDA June 22, 2016 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) Companies recommended for Hardware 2012 Award Resident Com~al!yName Corp. City State Business Columbia MD Y 1 A&T Marketing, Inc., / A&T Networks McLean VA N 2 Advanced Computer Concepts St~rling VA N 3 AlphaSix Corporation Applied Network Consulting Group, Inc. Greenville SC N 4 (ANC) Baltimore MD Y 5 Barcoding, Inc. Abingdon MD Y 6 Bogdan Computer Services, Inc. Reston VA N 7 Carahsoft Technology Corporation 8 CareTech, LLC Hagerstown MD Y 9 Ciber, Inc. Greenwood Village CO N 10 Communications Electronics, Inc. Timonium MD Y 11 Com~llguip Technologies Doral FL N 12 Computer Systems Su~ort, Inc. Miami FL N 13 Continental Technologjes, Inc. (CTI) Hunt Valley MD Y 14 Datalink Corporation Eden Prairie MN N 15 Electronic Data Solutions, Inc. Baltimore MD Y 16 EnNet Services, LLC Frederick MD Y 17 Enterprise Consulting, Inc. Eldersburg MD Y 18 Insight Public Sector Inc. Tempe AZ N 19 Interc1ypse, Inc. Hanover MD Y 20 Kratos-PSS San Diego CA N 21 Kustom Signals, Inc. Lenexa KS N DoIT9D MDTax Clearance 16-2158- 0111 16-2159- 1110 16-2160- 1110 16-2161- 1001 16-2162- 1111 16-2163- 1111 16-2164- 1010 16-2165- 1000 16-2166- 1011 16-2167- 1110 16-2168- 0000 16-2169- 0000 16-2170- 1111 16-2171- 1111 16-2172- 1111 16-2173- 1111 16-2174- 1111 16-2175- 1111 16-2176- 1111 16-2177- 1111 16-2178- 0111 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Supplement D Department of Information Technology ACTION AGENDA June 22, 2016 Com~any Name Corp.C~ State Lexmark International, Inc. Lexington KY Magothy Technology Pasadena MD MS Technologies Corporation Rockville MD NEC Corporation of America Irving TX Networking for Future, Inc. Washington DC Networking Technologies & Support, Inc. Midlothian VA Phillips Office Solutions Middletown PA Ronco Communications Tonawanda NY S3 Integration Baltimore MD SCD Information Technology Columbia MD SNAP, Inc. Chantilly VA Soft-Con Enterprises, Inc. Hyattsville MD Visionary Technology Consultants (VTC) Maple Lawn MD Visual SoundiKunz A V Broomall PA DolT lOD Resident MDTax Business Clearance 16-2179- N 1111 16-2180- Y 1111 16-2181- Y 1111 16-2182- N 1111 16-2183- N 1111 16-2184- N 1111 16-2185- N 1111 16-2186- N 0110 16-2187- Y 1111 16-2188- Y 1011 16-2189- N 1111 16-2190- Y 0111 16-2191- Y 0111 16-2192- N 1111 ATTACHMENT B CONTRACT PRICE & Quotation STATE OF MARYLAND CONTRCT No. 060B2490022-2015 Thomas F. Pepe -01-11-16 Page 6 of6 COlnpuqlllp TECHNOLOGIES 11/2/16 Quotation: 24386·01 Compuquip Technologies LLC 2894 NW 79th Avenue, Doral, FL, 33122 Phone: 727-423-1001 -Fax #413-280-6742 Brad Reed (breed@compuquip.com) Agreement with/Bill to: Equipment location/Ship to: City of South Miami Attn: Steven Kulick, C.P.M. 6130 Sunset Drive South Miami, FI33143 -----City of South Miami Attn: Steven Kulick, C.P.M. 6130 Sunset Drive South Miami, FI33143 Pllrt lllil E\ll'llIll'tI Qzr # DI'IUil'lioll Pricl' Pricl' .1 Note: Price includes enterprise customer discount Section 1 -Check Point Manager, 5600 HAGateways and EndPoint with 3 years of support CPAP-5M205 Check Point -Smart-1 205 Appliance with Policy, Log and Event Security Management for 5 Security Gateways CBS-ENT -5S-Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time for 3 years CPAP-5G5600- NGTX Check Point -5600 Next Generation Threat Prevention & SandBlast™ (NGTX) Appliance -Includes Firewall, VPN, Advanced Networking and Clustering, Identity Awareness, Mobile Access, (IPS, Application Control, URL Filtering, Anti-5pam, Anti- Virus and Anti-Bot. Threat Prevention and Threat Extraction blades for Year 1 only). Network Policy Management, Logging and Status. -Test (LAB) Performance: 25 Gbps Firewall throughput (1518 byte UDP) -Base Configuration: 10 on board 1 GbE copper interface. 8GB Memory. CBS-ENT -5S-Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time for 3 years CPAP-5G5600-Check Point -5600 Next Generation Threat Prevention & SandBlast™ (NGTX) NGTX-HA Appliance for High Availability CBS-ENT -5S-Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time for 3 years NGTP Subscriptions for years 2 & 3 CPSB-NGTP-Check Point -Next Generation Threat Prevention Package for 2 years for 5600 5600-2Y Appliance -Includes: IPS. Application Control, URL Filtering, Anti-5pam, Anti-Virus and Anti-Bot blades CPSB-NGTP-Check Point -Next Generation Threat Prevention Package for 2 years for 5600 5600-2Y-HA Appliance -HA -Includes: IPS, Application Control, URL Filtering, Anti-5pam, Anti- Virus and Anti-Bot blades Mobile Access Blades with 3 years of support CPSB-MOB-50 Check Point -Mobile Access Blade for 50 concurrent connections CBS-ENT -5S-Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time for 3 years $ 3,795.00 $ 3,795.00 $ 2,639.25 $ 2,639.25 $ 20,640.00 $ 20,640.00 $ 13,158.00 $ 13,158.00 $ 15,136.00 $ 15.136.00 $ 10,526.40 $ 10,526.40 $ 14,107.50 $ 14,107.50 $ 11,286.00 $ 11,286.00 $ 1,232.00 $ 1,232.00 $ 1,386.00 $ 1.386.00 7 CPSB·MOB·50· Check Point. Mobile Access Blade for 50 concurrent connections HA HA CBS·ENT -SS· Check Point· Enterprise Premium Support • Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time for 3 years Endpoint Management and Total Security Bundle for 100 devices for 1 year CPSB·EP·TS· Check Point· Endpoint Management and Total Security Bundle for 100 devices for 1 5MB-Stan·100 year Compuquip • Senior Security Engineer. Daily Rate (based on 8 hour day) On·site SEC·INSTALL services for implementation and basic knowledge transfer· project Is estimated to take 7 days $ 861.00 $ 861.00 $ 1,180.80 $ 1,180.80 $ 3,875.85 $ 3,875.85 $ 1,300.00 $ 9,100.00 Quotation Sub·Total $ 108,923.80 Freight $ 292.12 Quotation Totall $ 109,215.92 Note5:~~~~ ____ ~~~~~~ ____________________________________________ -, 1.) Price does not include local taxes 2.) Our terms are Net 30 3.) Quotation valid until December 30 2016 Authorized Signature: ________ _ Acceptedby: _________ _ Name: ____________ _ Name: ____________ _ Title: ____________ _ Title: ____________ _ Date: ____________ _ Date: ____________ _ ATTACHMENT B CONTRACT PRICE & Quotation STATE OF MARYLAND CONTRCT No. 060B2490022-2015 Thomas F. Pepe -01-11-16 34 Compllqlllp Quotation: 24386-01 Compuquip Technologies LLC TECHNOLOGIES 11/2/16 2894 NW 79th Avenue, Dora1, FL, 33122 Phone: 727-423-1001 -Fax #413-280-6742 Brad Reed (breed@compuquip.com) Agreement with/Bill to: City of South Miami Attn: Steven Kulick, C.P.M. 6130 Sunset Drive South Miami, F133143 Equipment location/Ship to: -----City of South Miami Attn: Steven Kulick, C.P.M. 6130 Sunset Drive South Miami, F133143 Purt ["lIil E\Il'lIdl'd Q~r # Dl'luil'lioll PriLl' P,iLl' Note: Price includes enterprise customer discount Section 1 -Check Point Manager, 5600 HAGateways and EndPoint with 3 years of support CPAP-SM205 Check Point· Smart·1 205 Appliance with Policy, Log and Event Security Management for 5 Security Gateways CBS·ENT -SS· Check Point -Enterprise Premium Support • Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time for 3 years CPAP-SG5600· NGTX Check Point· 5600 Next Generation Threat Prevention & SandBlast™ (NGTX) Appliance -Includes Firewall, VPN, Advanced Networking and Clustering, Identity Awareness, Mobile Access, (IPS, Application Control, URL Filtering, Anti-Spam, Anti· Virus and Anti-Bot, Threat Prevention and Threat Extraction blades for Year 1 only), Network Polley Management, Logging and Status .• Test (LAB) Performance: 25 Gbps Firewall throughput (1518 byte UDP) -Base Configuration: 10 on board 1 GbE copper interface. 8GB Memory. CBS·ENT -SS· Check Point· Enterprise Premium Support • Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time for 3 years CPAP-SG5600· Check Point· 5600 Next Generation Threat Prevention & SandBlast™ (NGTX) NGTX·HA Appliance for High Availability CBS·ENT -SS-Check Point· Enterprise Premium Support • Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time for 3 years NGTP Subscriptions for years 2 & 3 CPSB.NGTP. Check Point· Next Generation Threat Prevention Package for 2 years for 5600 5600.2Y Appliance • Includes: IPS, Application Control, URL Filtering, Anti·Spam, Antl·Virus and Anti·Bot blades CPSB.NGTP. Check Point· Next Generation Threat Prevention Package for 2 years for 5600 5600.2Y.HA Appliance -HA • Includes: IPS, Application Control, URL Filtering, Anti-Spam, Anti· Virus and Anti·Bot blades Mobile Access Blades with 3 years of support CPSB·MOB·50 Check Point· Mobile Access Blade for 50 concurrent connections CBS·ENT·SS· Check Point· Enterprise Premium Support • Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time for 3 years 35 $ 3,795.00 $ 3,795.00 $ 2,639.25 $ 2,639.25 $ 20,640.00 $ 20,640.00 $ 13,158.00 $ 13,158.00 $ 15,136.00 $ 15,136.00 $ 10,526.40 $ 10,526.40 $ 14,107.50 $ 14,107.50 $ 11,286.00 $ 11,286.00 $ 1,232.00 $ 1,232.00 $ 1,386.00 $ 1,386.00 7 CPSB-MOB-50-Check Point -Mobile Access Blade for 50 concurrent connections HA HA CBS-ENT -5S-Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time for 3 years Endpoint Management and Total Security Bundle for 100 devices for 1 vear CPSB-EP-TS-Check Point -Endpoint Management and Total Security Bundle for 100 devices for 1 5MB-5tan-100 year Compuquip -Senior Security Engineer -Daily Rate (based on 8 hour day) On-site SEC-INSTALL services for Implementation and basic knowledge transfer -project Is estimated to take 7 days $ 861.00 $ 861.00 $ 1,180.80 $ 1,180.80 $ 3,875.85 $ 3,875.85 $ 1,300.00 $ 9,100.00 Quotation Sub-Total $ 108,923.80 Freight $ 292.12 ·Quotatlon Totall $ 109,215.92 Notes:~ __ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-, 1.) Price does not include local taxes 2.) Our terms are Net 30 3.\ Quotation valid until December 30 2016 Authorized Signature: ________ _ Accepted by:. _________ _ Name: ____________ _ Name: ____________ _ Title: ____________ _ Title: ____________ _ Date: ____________ _ Date: ____________ _ 36 8SE I NEIGHBORS I SUNDAY NOVEMBER 6 2016 MIAMIHERAlD.COM CITY OF SOUTH MIAMI COURTESY NOTICE NOTJCE IS BEKEUY ~i\'t:-n Ihallhc City C{\mmis~ion of the City l'f SUl1!h !I.'liiimi. Florida wlllnmduc\ Puhlic Ht'ann~(~) a1 it" fl'gulur Cily Cuml11h~l(Jn mccung 'ichrJulrd Jil]' TuC'sua;.. N\J"rmhcl 15. 2{)16. heginning at 7.(1(1 p.m.. in the ('II, Cummi,,,j(11l Chaml'oer'i, 61?o() Sunset Drive. If> cnnsicb Ih~ folh.wmg Ilcmhl. A RC'ilIJI1!il'll lIluhnrizing tilL' City Managt'l" III pn'l'ure "nTine re}!i~lfali(ln mudule 01 ReCPro with R.C. Sy"l~ln'i, Inc. A RC!-l1iutwn aulhmi/.mg the ell), 1'lanagcr 10 purdli1~c Mkrns~lft 365 soh\\'~rL' anti cnler into a IkC'll<,mg a~~lccmcnl with Slllllll,~millinnal Corp .. Ull aulhmi.r.('d t;(lnlradnr for t-,'ln:rns{lII. through a piggyhack with th,! SW.h' "rFlr.rida Contract Nt'. 4.i200I}O~1:'i~O:! • ( A RC ... olution :lUthoriLing the Cily M;mager tn purrhilH' Chcck Point firewall softwaJt' <Ipplianrc from Compuquil~ .~~~~;:~~1Ip~i~\)~~~;4~~;O~~I.huriI.CJ rc.,clkr 1'/ Ched.. Puinl LTD. thruugh a IJlggyhark with Ill(' Siale \If "f.']ar~'lantJl An Onlilllllh':c ;1Tm:lldJn~ the LI-md De\'clopml'lll ('oJc, Artidl: \'1. Section '20·6.1. flllJ lllhL'f Hpplkabk provIShlllS. III delin!' the term "It'~s rt'~trirli\"l'" tI<; it uppli('<; It) 1l1l' \",ting rcqlllrcmrnts l.r Iht' City Commi~);inn An OrdinanCL' v.:tcating al1(l :lhandoninS! a portion llf SW K2 Strcet mnrl' hl11y dt'srrihl~d in .:tll'tw1 dt'scriplif'n herein. suhjcr\ to ccrtain C()JI(liliun~, IIldudl1lg thc prC\CI"Vllli(lII 01 an eit.\emenl. An OH1111Utll.:C amcnJlng ~('diun 2(l~f,.1 (If the ('ity .. 1" ~"ulh :\1i;")mi Land Dt'vcl11Jlment llltle. tll mal" rnnl!r.:l;on\ and tn ;nn(:nd thl' mCJl));l('r~hiJ1 ilnd qllllTlnll rcqu1Tl:,m('nI~ for th~' Plmming Bnarel. An Ordmanrt <lmrmlin!! thr. Chapter 2. Arlitlc 1. Sc!:\ion 2~2.l (B). (CJ lind Ie) land;: III nllldlly the rapitali.mu\ln of ley word!<: and 1ft aJd fC'{jUlrl'mcnts III]" Sunshine MC~'ting); All Ordinanc'c am~lhlJJlr the-City \If Sputh 'Mianu Land Dc\'cJ~)pment Altide VI. Se-("\ioJl20-6.1 I.E) (4) Ca) iii It) provIde for ,\ rcel'IHrIWlldalion {)f the Pltlllllm~ Buard whi:n Ihe Bnarll h llcfllll\lfked. ALL inll'rc$led partie, nr~ invill'd \l1nth'lHl and WIll hl' ht!l\rd. Fr)f fm11wr information. plca~t' contact tht· CIty Ckrk'!: OJlire at. 3{15~663~(':l~O. Maria M. Mel1l'ndt'l. CIvIC' CilY Ckrk Pmmanl1<' FI0m.J.-, S\:HUIl"~ ~l:!6 uiIlS, Ih.' City h,-rchy nd\"]<,'s lhe rllf>lk !hlll]r~ p"'1>I>n d"cid"5 Il' ~i'I';'l,ll,ny tkci~!I1fI.ln"d.· i>y 11m Ik'~rrI A!:Ch!;"y I'f ('''mmi~;I;>n W1L'I r.·~p;.·d 1" Jll)' n~11kr wn~l'!a~t1 ~I ih m~dLIlj: III h"olln);, h,' ,1, \hc will ",'c.l ~ 11:'''''.1 \.J Ih,' rll'.·c~tlmp, arut Ihal h'l ~I!~h rllJpo.l'~, .ilk~lc,l r-:r',m nl~) hGld It. cn~ur,: lill,\ ~ \crt>;,lill\ 1,'n'l!! ,,! Ihe l'll"c~dln'p i~ lII~d~ WhH.h r~~Md ir'dudc~ rh~ IC\lin~.ny ,\lid i:\ irk nrc 11!".n \\ hlCh \I,~ al'p:;'] i, I" Ix: loJscd CRIME WATCH Miami-Dade Police offer tools to cut crime RY CAUMEN GONZALEZ CALDWELL Special to The Mi(41111 Herald This week I want to share with you some great tools offered by Miami- Dade Police, which can help you not only be safe but also better informed. These tools can help pre- vent crime, help solve crimes and help you know what is going on in your immediate area: NEW MIAMI-DADE POLICE CELLPHONE APP Many crime watchers are using the new COP (Com- munity on Patrol) app, a great tool for reporting everything from crimes to suspicious incidents. Just go to Apple or Android app store and search for Com- munityon Patrol. MIAMI-DADE COUNTY SEXUAL OFFENDER & PREDATOR SEARCH Any Florida resident who has been convicted of a sexual offense (including anyone convicted in another state) must register as a seX\lal offender with the office of the local sheriff. In the case of Miami-Dade COWlty, that is the Miami- Dade Police Departmenl. Sexual offenders must dis- close where they live, and must notify the police when they relocate. This infonna- Miami-Dade Police's new Community on Patrol celiphone app. tion is entered into the Sexual Predator/Offender database of the florida Deprutment Law Enforce- ment. Members of the pub- lic can search this database at http://gisweb.miami dade.gov /sexoffenders/ ruld detennine whether they or their children, in their rou- tine activities (walking from the bus stop, biking to a friend's house, or going to the mall) are likely to en- counter these offenders. MIAMI-DADE COUNTY'S CRIME VIEW COMMUNITY Miami-Dade County's Crime View Community is an online tool at . http://www.crime mapping.com/map/f1/ miami-dadecolIDtv, which residents can use to keep themselves infonned about crime in the areas of interest to them, such as near their home, business or other places they frequent. Users can sign up to re- ceive automated email alerts 'about recent criminal events in specific areas. Wlule this online tool works in all areas of unincorporat- ed Miami-Dade, it doesn't work in some of the numici- palities. Residents should check v.1th their local gov- ernment to see if a sinular service is offered by that municipality. HOMICIDE BUREAU - COLD CASE SQUAD Advances in technology and forensics have given a boost to the work of Miami- Dade Police's Cold Case Squad. However, despite scientific advances and the work of these detectives, there are about 2,000 cold cases that remain unsolved. Maybe you know something that can help solve one of these crimes. To learn about these cases, go online to http://www.miruni dade.gov /police/cold- cases.asp. Perhaps you can help bring justice to the families of these victims. MIAMI-DADE POLICE ON SOCIAL MEDIA Follow MDPD on Twit- ter at https://twittel'.com/ MiamiDadePD and visit the department on YouTnbe at www.youtube.com/user/ mdpdmedia. Carme/! Caldwell is execl/tive director of Citizens' Crime Watch of Miami-Dade. Send feedback and news for tl/is coilimn to carmen@citizenscrime watcll.org, or call her at· 305-470-1670. MiAfliH IDA!L Y IBUS~f\!ESS IREV~EW Published Daily except Saturday. Sunday and Legal Holidays MiamI. Miami-Dade County. Florida STATE OF FLORIDA COUNTY OF f\~IAIViI-DADE: NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-NOV. 15.2016 In the XXXX Court was published In said newspaper in the issues of 1110412016 Affiant further says that the said Miami Daily Business Review is a . . newspaper published at MiamI. In said Miami-Dade County. Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County. Florida each day (except Saturd S d . . ay. un ay and Legal Holidays) and has been entered as second class mad matter al the post office In Miami in said rVllami-Dade C t FI 'd oun y on a,. for a penod of one year next precedino the first publication of the attached copy of advertisement: ~and affianl further says thai he or she has neither paid nor promised any person, firm or corporal Ion any discount. rebale. commission Or refund for the purpose of securing this advertisement for P"""'''''~.7 P:' -~~"'-j'-' =UV''--------_ Sworn to and subscribed before me this 4 day of ~_OVEMBER A.D. 2016 / ..... , l./ ,:Li{(Z ;?kL~::.:il(·'2,i!ii-'(,<~" (SEAL) OCTELMA V. FERBEYRE personally known to me ©O'il'if @[¥I ~@()jJ'iTtf.l IMdU£fMilll W1©'ll~©~ @il" I?lUll~.Hb~© co(Jr@bti~nfl~@ NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, November 15, 2016, beginning at 7:00 p.m, in the City Commission Chambers, 6130 Sunset Drive, \0-consider the following item(s): A Resolution authorizing the City Manager to procure online registration module of ReCPro with R.C. Systems, Inc. A Resolution authorizing the City Manager to purchase Microsoft 365 software and enter into a licensing agreement with SHI International Corp., an authorized contractor for Microsoft, through a piggyback with the State of Florida Contract No. 4320000-15-02. A Resolution authorizing the City lv1anager to purchase Checl, Point firewall software appliance fmm Compuquip Technologies, LLC, an authorized reseller of Check Point LTD, through a piggyback with the State of Maryland Contract No. 06082490022. An Ordinance amending the Land Development Code, Article VI, Section 20-6.1, and other applicable provisions, to define the term "less restrictive" as it applies to the voting requirements of the City Commission. An Ordinance vacating and abandoning a portion of SW 82 Street more fully described in a legal description herein, subject to certain conditions, including the preservation of an easement. An Ordinance amending Section 20-6.1 of the City of South Miami 'Land Development Code, to make corrections and to amend the membership and quorum requirements for the Planning Board. An Ordinance amending the, Cilapter 2, Article I, Section 2-2.1 (8), (C) and (C) 1 and 2 to modify the capitalization of key words and to add requirements for Sunshine Meetings. An Ordinance amending the City of South Miami Land Development Article VI, Section 20-6.1 (8) (4) (a) iii to provide for a recommendation of the Planning Board when the Board is deadlocl,ed. ALL interested parties are invited tei attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings IS made which record includes the testimony and evidence upon which the appeal is to be based. 11/4 16-133/0000168486rVI