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Res No 161-19-15433RESOLUTION NO: 1 61 -1 9 -1 5 4 3 3 A Resolution authorizing the City Manager to amend the City's piggyback agreement with Compuquip Technologies, LLC dated November 16, 2016 to purchase a Smart Security Management Platform for the Check Point firewall software appliances for the City and South Miami Police Department. WHEREAS, the City and the South Miami Police Department previously installed the Check Point firewall appliances and were placed into service by the City's IT provider, Miami -Dade County ITD; and WHEREAS, the Smart Security Management Platform, recommended by Miami - Dade County ITD, effectively manages security threats by consolidating the management of security layers and centrally correlates all types of security threats across all network environments, cloud services and mobile infrastructures. The security platform increases security efficiency, doubles management capacity and boost performance; and WHEREAS, the purchase will be made through an amendment to the piggyback agreement with Compuquip Technologies, LLC onto a State of Maryland agreement "Hardware and Associated Equipment & Services Contract No. 060132490022, expiring November 14, 2028, under the authority of Resolution No. 228-16-14783; and WHEREAS, the cost for the Maintenance and Support Renewal Agreements for the City and South Miami Police Department shall not exceed $21,812.70 and will be charged to Internet Service Account No. 001-1340-513-4632 with a balance of $59,463.11 before this request was made. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to amend the City's piggyback agreement with Compuquip Technologies, LLC dated November 16, 2016 to purchase a security management platform for the Check Point firewall software appliances for the City and South Miami Police Department. The cost for the security platform shall not exceed $21,812.70. A copy of Amendment #3 to the Piggyback Agreement is attached. Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 3rdday of December, 2019 Page 1 of 2 Resolution No. 161-19-15433 ATTEST: Cdc CITY C ERK ly IN G•':• �, S COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 Agenda Item No:2. City Commission Agenda Item Report Meeting Date: December 3, 2019 Submitted by: Steven Kulick Submitting Department: Finance Department Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to amend the City's piggyback agreement with Compuquip Technologies, LLC dated November 16, 2016 to purchase a Smart Security Management platform for the Check Point frewall software appliances for the City and South Miami Police Department. 315 (City Manager -Finance Dept.) Suggested Action: Attachments: CM Memo Checkpoint Security Management Platform 11.22.19.docx Resolution_Compuquip Checkpoint_Security_Management_Platform_11.22.19CArev.docx Amendment No 3 PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED SERVICES 11.22.19.pdf smart-l-security-management-platform-datasheet.pdf Amendment No 2 & Resolution No. 118-19-153909.17.19.pdf Amendment No. 1 Piggyback Compuquip.pdf Res No 228-16-14783.pdf CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER South Miami INTER -OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: December 3, 2019 SUBJECT: A Resolution authorizing the City Manager to amend the City's piggyback agreement with Compuquip Technologies, LLC dated November 16, 2016 to purchase a Smart Security Management platform for the Check Point firewall software appliances for the City and South Miami Police Department. BACKGROUND: The City and the South Miami Police Department previously installed the Check Point firewall appliances and were placed into service by the City's IT provider, Miami -Dade County ITD. The Smart Security Management Platform, recommended by Miami -Dade County ITD, effectively manages security threats by consolidating the management of security layers and centrally correlates all types of security threats across all network environments, cloud services and mobile infrastructures. The security platform increases security efficiency, doubles management capacity and boost performance. The purchase will be made through an amendment to the piggyback agreement with Compuquip Technologies, LLC onto a State of Maryland agreement "Hardware and Associated Equipment & Services Contract No. 060132490022, expiring November 14, 2028, under the authority of Resolution No. 228-16-147783. ACCOUNT: The expenditure of $21,812.70; shall be charged to Internet Service account number 001-1340-513-4632 which has a balance of $59,463.11 before this request was made. ATTACHMENTS: Resolution Amendment No. 3, Smart Security Management Platform Check Point Smart Security Management Platform Data Sheet Amendment No. 2 to Piggyback Agreement, September 17, 2019 Amendment No. 1 to Piggyback Agreement, August 16, 2019 Resolution 228-16-147783 Piggyback Contract, Compuquip Technologies 2 PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT & SERVICES Amendment No. 3 THIS AMENDMENT made and entered into this 3 day of December 2019 by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City") and Compuguip Technologies, LLC, (hereinafter referred to as "Contractor," an authorized reseller for Check Point, LTD. The purpose of Amendment No. 3 to the piggyback agreement dated November 16, 2016 between Contactor and City is to include a Security Management Platform for the Check Point Firewall Appliance for both the City and South Miami Police Department. The terms, products and services encompassed in this amendment are in accordance with the State of Maryland Contract #060B2490022-2015 between Contractor and the State of Maryland. PRICING: Pricing for the Security Management Platform is referenced as Exhibit 1, "Contractor Check Point Quotations," #0-01514-1 and shall be in accordance with the State of Maryland Contract #060B2490022-2015. TERMS: All terms and conditions shall apply in the contract between Contractor and the State of Maryland Contract #060B2490022-2015, expiring Novemberl4, 2028. The City, at its sole discretion, may terminate or cancel all services provided by Contractor without notice or penalty. All other terms and conditions of the November 16, 2016 Agreement, and all amendments and addendums thereto, that are not in conflict with is Amendment No. 3, shall remain in full force and effect. 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. Comnuouip Technologies, LLC: By: .,(AruL. C , Ivan Rezvoy Director of Finance (type name and title of signatory above) about:blank ATTEST: By: I Nken a A. Payn§ CMC City Clerk Read and Approved as to Form, Language, Legality and Execution Thereof. LO Thomas F. Pepe City Attorney CITY OF TH M By: Steven Alexander City Manager 2 of 5 12/18/2019, 11:58 AM about:blank EXHIBIT 1 PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT & SERVICES CONTRACTOR CHECK POINT QUOTATION • QUOTE #: Q-01514-1 3 of 5 12/18/2019, 11:58 AM COMPUQUIP CYGERSECURITY Compuquip Cybersecurity 2121 Ponce De Leon Blvd, Suite 530 Coral Gables, FL 33134 US Phone: (786) 641-5437 Fax: (413) 280-6742 Ship To Steven Kulick Chief Procurement Officer City of South Miami 6130 Sunset Drive South Miami, FL 33143 United States (305)663-6339 skulick@southmiami0.com Section 1 - Check Point Hardware Manager upgrade Quotation Quote #: Q-01514-1 Quote Date: 11/21/2019 Expires On: 12/31/2019 Luis Santiago (954) 520-6487 Isantiago@compuquip.com Send PO to: order@ocmpuquip.com Bill To City of South Miami 6130 Sunset Drive South Miami, FL 33143 United States Accounts Payable CITY PARTY DESCRIPTION UNIT PRICE EXTENDED 2 CPAP-NGSM410 Chock Point- Smart-1 410 NW Generation Security Management Appliance for 10 gateways (SnurtEvent S Compliance 1 year) S8.735.29 S17,470.55 2 CPESS PREMIUM Chack Point- Energise PrerNum 7 x 24 Phan supped for 1 year $2.025.00 $4.050.00 section l- Cheek Point Hardware Manager upgrade TOTAL $21,520.58 TOTAL: $21,520.58 Freight: $292.12 QUOTE TOTAL: $21,812.70 State of Maryland Contract: http://www.doit.state.md.usritmeimcdetails.aspx?mclD=84&smc=13 Page 1 of 2 Signature: Name (Print): Effective Date: Title: THANK YOU FOR YOUR BUSINESSI Page 2 of 2 Check Point SOFTWARE TECHNOLOGIES LTD. SMART Smart-1 Security Management Platforms I DATASHEET SECURITY MANAGEMENT PLATFORM A.!.L4N-0NESENRi?YWLANAGEM_.NTwCLLMC!4:V:a,.;T''=0L-il.:V?,M1NAGEF0EN !K-7EGRATED THREAT VISIBILJ'-V t IORK; i.O.'tit Ate: C"N'I r.F--V_Y R..nCk'T =CT!t" iR fiG3OSS AAiY IT. E k RCNNEta". f 1-Ehler__ ...._ = r' : SE-G?:� SA"ART • '.)EGiCATE'' MANAGEMENT r All-in-one Security Management Industry leading Gold Standard platform for consolidated security management Full Threat Visibility Single visual dashboard fully integrated with logging, monitoring and event analysis Enterprise=Ready Scalability Centrally Manage 1 to 5,000 High -Performance Gateways Smart-1 T _ 405 1 410 1 625 15050 15150 _ ':•"a"�� ' A7?.t�: 10 ® 2019 Check Point Software Technologies Ltd. All rights reserved. IProtectedl Non -confidential content I September 19, 2019 Check Point SOFTWARE TECHNOLOGIES LTD. l7 E!.C1M1 fG THE EUI U[IE OF CYO EU S"CURITr Smart-1 4051410 1 62515050 15150 Smart-1 Security Management Platforms I DATASHEET R80.x I SmartEvent I Compliance I Workflow I Multi -domain Management I Automation Growing networks, disruptive technologies, and the proliferation of interconnected devices demand a new approach to managing security. Check Point Infinity architecture consolidates management of multiple security layers, providing superior policy efficiency and enabling you to manage security through a single pane of glass. The single management centrally correlates all types of events across all network environments, cloud services and mobile infrastructures. The Smart-1 405 1 410 1 625 15050 15150 dedicated appliances are optimized for performance and scalability with both HW and OS hardened from the core. Smart-1 security management platforms double management capacity and boost performance, increasing security efficiency. ra %�Management Console ®\ r S1 Enterprise -Ready 406 [A30 1625 625 1 6060 [5150 Enterprise -Ready Scalability Scalability 0 m m m m -�- MGMTServer I SmartLag I SmartEvent Multi Log Multi Domain Management Management 11 0 2019 Check Point Software Technologies Ltd All rights reserved. [Protected] Non -confidential content I September 19, 2019 Check Point G WME TECHNOLOGIES LTD. WELCOMI TO THE FUTURE OF CYBER SECURITY SPOTLIGHT Smart-1 Security Management Platforms I DATASHEET Unified Console to Manage Everything With one console, security teams can manage all aspects of security from policy to threat prevention - across the entire organization - on both physical and virtual environments. Consolidated management means increased operational efficiency. In addition to a unified console, you also now have a unified policy to manage everything from users to data to gateways. Access, controlled in one policy. Reports & Compliance Real Time Integrated Threat Take control and monitor all - - - - Management your gateways in real time. _ -- For deep forensic analysis, Easily generate and we've integrated logging, schedule reports. Over 300 - monitoring, events, governance Security Best Practices, - and compliance. R80.x regulatory compliance - __ - _ SmartConsole gives you full checks. - visibility and control across your network. Security Efficient Operations and APIs Improve productivity with automation API that orchestrates workflows and aligns security with IT processes and systems. 0 0 0 0 0 0 0 Modular and Scalable Manage thousands of simultaneous sources, thousands of rules and millions of transactions with up to 8x the data storage and performance on a single machine. Modular platform supporting up to 24 cores, 256GB RAM and 48TB of storage for any deployment environment. Multi -domain Management Easily manage hundreds of private networks within the same infrastructure and create up to 200 domains based on geography, business unit or security function. 12 0 2019 Check Point Software Technologies Ltd. All rights reserved. [Protected) Non -confidential content I September 19, 2019 Check Point SOFTWME TECHNOLOGIES LTO. Smart-1 Security Management Platforms I DATASHEET WELCOME TO THE FUTURE OF CYBER SECURITY SPECIFICATIONS Enterprise Grade Ultra High End Appliances 405 410 625 5050 5150 O Capacity & Performance Managed Gateways 5 10 25 50 150+' Maximum Domains Multi -Domain Management)- 50 200 Peak Logs per Sec 40,000 45,000 60,000 80,0001 100.000, Peak Indexed Logs per Sec 6,000/4002 10,000/6002 19,00012,4002 27,000317,5002 40,0003/12'0002 Sustained Indexed Logs per Sec 3,000/2002 5,00013002 10,000/1,2002 15,0003/3,7502 22,000'/6,0002 GB per Day of Logs 8810.362 14710.552 293/2.252 440/6.82 645/112 Hardware Specifications Cores 4 4 6 16 24 Storage (HDD) Hot-Swappable 1x 1 TB tx 2 TB 2x 4 TB 4x 4 TB up to 12x 4TB default 6x 4TB RAID Type - - 1 5,10 5, 6, 10, 50, 60 Memory (RAM) Default/Max 16 GB 32 GB 32/64 GB 64/128 GB 128/256 GB Interfaces Default Network Interfaces 5x Copper GbE 5x Copper GbE 4x Copper GIEE 4x Copper GbE 4x Copper GbE Extended Network Interfaces - - Optional Optional Optional Console Port 1x RJ45 1x RJ45 tx DB94 1x DB94 tx DB9' USB Ports 2 2 3 4 4 Physical Enclosure 11.1 1U 11.1 to 21.1 Standard(W x D x H) 17.13 x 17.64 x 1.63 in. 17.1 x23.6x 1.68 in. 17.08 x 27.74x 1.68 in. 17.08 x 28.17x 3.42 in. Metric (W x D x H) 435 x 448 x 44 mm 434 x 595.6 x 42.8 mm 434 x 704.7 x 42.8 mm 434 x 715.5 x 86.8 mm Weight 7.7kg (16.9 tbs.) 13.6kg (29.91bs.) 21.1kg (46.5lbs.) 28.6kg (63.111as.) Power Dual, Hot-Swappable PSU No No Yes Yes Yes Dual, Hot-Swappable DC PSU No No No Optional Optional Power Input AC 100 - 240V@ 50 - 60Hz Power Supply Spec (max) 25OW 250W 35OW 495W 75OW Environment Conditions Operating Environment 320 to 104° F / 00 to 40° C. 5-90% Humidit non-condensin 50 ° to 95 ° F / 100l0 35° C, 10-80% Humidity Storage Environment -400 to 158° F / -400 to 70° C, 5-95% Humidity non-condensin -40 ° to 149 ° F / -400 to 65° C, 5-95% Humidity Certifications Safety/Emissions/Environment UL I CE, FCC Class A / ROHS 1 Manages up to 5000 Check Point 1400 Appliances 2 SmartEvent configuration 31n Mulfi-Domain configuration 4 D89 to RJ-45 adapter included 13 0 2019 Check Point Software Technologies Ltd. All rights reserved. [Protected] Non -confidential content I September 19, 2019 Smart-1 Security Management Platforms I DATASHEET C} Check Point SOFfWMETECHN01.00IEC-t11 TO THE FUTURE ORDERING SMART-1 APPLIANCES Smart-1 Appliances' SKU Smarl-1 405 Smart -1 405 Appliance NG Security Management for 5 gateways (SmartEvent & Compliance 1 year) CPAP-NGSM405 Smart -1 405 Appliance, dedicated SmartEvent for 5 gateways (perpetual) CPAP-NGSM405-EVNT Smart-1 410 Smart -1 410 Appliance NG Security Management for 10 gateways (SmartEvent & Compliance 1 year) CPAP-NGSM410 Smart -1 410 Appliance, dedicated SmartEvent for 10 gateways (perpetual) CPAP-NGSM410-EVNT Smart-1 625 Smart-1 625 Appliance NG Security Management for 25 gateways (SmartEvent & Compliance 1 year) CPAP-NGSM625 Smart-1 625 Appliance, dedicated SmartEvent for 25 gateways (perpetual) CPAP-NGSM625-EVNT Smart-1 5050 Smart-1 5050 Appliance NG Security Management for 50 gateways (SmartEvent & Compliance 1 year) CPAP-NGSM5050 Smart-1 5050 Appliance NG MDM for 50 gateways, 5 domains (SmartEvent & Compliance 1 year) CPAP-NGSM5050-MD5 Smart-1 5050 Appliance, dedicated SmartEvent for 50 gateways (perpetual) CPAP-NGSM5050-EVNT Smart-1 5050 Appliance, dedicated Multi -Log Manager for 50 gateways and 10 domains CPAP-NGSM5050-MLOG10 Smart-1 5150 Smart 1 5150 Appliance NG Security Management for 150 gateways (SmartEvent & Compliance 1 year) CPAP-NGSM5150 Sman-1 5150 Appliance NG MDM for 150 gateways and 5 domains (SmartEvent & Compliance 1 year) CPAP-NGSM5150-MD5 Smart-1 5150 Appliance, dedicated SmartEvent for 150 gateways (perpetual) CPAP-NGSM5150-EVNT Smart-1 5150 Appliance, dedicated Multi -Log Manager for 150 gateways and 10 domains Interface Cards and Transceivers 2 Port 1 OGBase-F SFP+ interface card for Smart-1 5 series. Requires 1 OGBase SFP+ transceiver per port. CPAP-NGSM5150-MLOG10 SKU CPAC-2-1017-SM SFP+ transceiver for 1 OG fiber ports - short range (1 OGBase-SR) compatible with CPAC-2-1 OF-SM CPAC-TR-10SR-B SFP+ transceiver for 1OG fiber ports - long range (1 OGBase-LR) compatible with CPAC-2-10E-SM CPAC-TR-10LR-B 2 Port 1GBase-F SFP interface card. Requires an additional 1GBase SFP transceiver per port. CPAC-2-I1F-SM SFP transceiver for 1000 Base-T RJ45 (Copper) CPAC-TR-IT-B SFP transceiver for 1G fiber ports - short range (1000Base-SX) CPAC-TR-ISX-B SFP transceiver for 1G fiber ports - long range (1000Base-LX) CPAC-TR-1 LX-B Hardware Expansion 64GB RAM (replace) for Smart-1 625 management appliance CPAC-RAM64GB-SM625 Memory upgrade kit from 64GB to 128GB for Smart-1 5050 management appliance CPAC-RAM64GB-SM5050 Memory upgrade kit from 128GB to 2568GB for Smart-1 5150 management appliance CPAC-RAM128GB-SM5150 Spares, Replacements and Rails Replacement AC Power Supply for Smart-1 625 management appliance CPAC-PSU-AC-SM625 Replacement AC Power Supply for Smart-1 5050 management appliance CPAC-PSU-AC-SM5050 Replacement AC Power Supply for Smart-1 5150 management appliance CPAC-PSU-AC-SM5150 Dual :)C power supplies for Smart -1 5050/5150 management appliances CPAC-PSU-DC-Dual- M5050/5150 Addihonal/Replacement 4TB Hard Drive for Smart-1 625 appliance CPAC-HDD-4TB-SM625 Additional/Replacement 4TB Hard Drive for Smart-1 5050 and Smart-1 5150 appliances CPAC-HDD-4TB- M5050/5150 Slide RAILS for Smart-1 625/5050 management appliances (24 inch-36 inch) CPAC-RAILS-SM625/5050 Slide RAILS for Smart-1 5150 management appliance (24 inch-36 inch) CPAC-RAILS-SM5150 1 SmartEvent and Compliance for one year, ezlension SKUs are available IC! CONTACT US EMAIL: INFOQCHECKPOINT.COM WEB: WWW.CHECKPOINT.COM 0 2019 Check Point Software Technologies Ltd. All rights reserved. [Protected] Non -confidential content I September 19. 2019 RESOLUTION NO: 118 -19 -15 3 9 0 A Resolution authorizing the City Manager to amend the City's piggyback agreement with Compuquip Technologies, LLC dated November 16, 2016 to purchase annual maintenance and support renewal agreements for the Check Point firewall software appliances for the City and South Miami Police Department. WHEREAS, the City and the South Miami Police Department previously installed the Check Point firewall appliances and were placed into service by the City's IT provider, Miami -Dade County ITD; and WHEREAS, Miami -Dade County ITD determined that the South Miami Police Department must be isolated onto a dedicated and separate firewall in order to comply with new U.S. Department of Justice, Federal Bureau of Investigation (FBI) and Criminal Justice Information Services (CJIS) Division security policies; and WHEREAS, annual maintenance and support renewal agreements for the City and Police were adjusted to be co -terminus; both terming out with the same end date to better manage the support agreements; and WHEREAS, the purchase will be made through an amendment to the piggyback agreement with Compuquip Technologies, LLC through a State of Maryland agreement "Hardware and Associated Equipment & Services Contract No. 060B2490022.. expiring November 14, 2028; and WHEREAS, the combined cost for the Maintenance and Support Renewal Agreements for the City and South Miami Police Department shall not exceed $35.091.170 ($23,630.39, City and $11,460.78, Police), and will be charged to the Fiscal Year 2019 - 2020 Internet Maintenance Account No. 001-1340-513-4634 with a proposed balance of $114,939 before this request was made. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to amend the City's piggyback agreement with Compuquip Technologies, LLC dated November 16, 2016 to purchase annual maintenance and support renewal agreements for the Check Point firewall software appliances for the City and South Miami Police Department. The combined cost for both maintenance and support agreements shall not exceed $$35.091.17 and will be charged to the Fiscal Year 2019-2020 Internet Maintenance Account. A copy of the Amendment to the Piggyback Agreement is attached. Section 2. Severability. if any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent 15 Page 1 of 2 Resolution No.118-19-15390 jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this 17th day of September, 2019 ATTEST: CITY a K READ AND LANG UAG1 Ira F: "I* ORNEY ,VED AS TO FORM, LITY AA E5(MUTION APPROVED: COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Harris: Yea Commissioner Welsh: Yea Commissioner Liebman: Yea Commissioner Gil: Yea 16 Page 2 of 2 Agenda Item No:3. City Commission Agenda item Report Meeting Date: September 17, 2019 Submitted by: Steven Kulick Submitting Department: Finance Department Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to amend the City's piggyback agreement with Compuquip Technologies, LLC dated November 16, 2016 to purchase annual maintenance and support renewal agreements for the Check Point firewall software appliances for the City and South Miami Police Department. 315 (City Manager -Finance Dept.) Suggested Action: Attachments: CM Memo Maintenance & Support Renewal 8.14.19.docx Resolution Maintenance and Support Renewal 8.14.19.docx Amendment No 2 PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED SERVICES 8.14.19.pdf Amendment No.1 Piggyback Compuquip.pdf Res No 228-16-14783.pdf 17 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER iami South M INTER -OFFICE MEMORANDUM TW LM OF PLEASANT LIVING To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager DATE: September 17, 2019 Suimcr: A Resolution authorizing the City Manager to amend the City's piggyback agreement with Compuquip Technologies, LLC dated November 16, 2016 to purchase annual maintenance and support renewal agreements for the Check Point flmwail software appliances for the City and South Miami Police Department. BACKGROUND: The City and the South Miami Police Department previously installed the Check Point firewall appliances and were placed into service by the City's IT provider, Miami -Dade County ITD. With respect to the Police Department, ITD determined that City of South Miami Police must be isolated onto a dedicated and separate firewall in order to comply with new U.S. Department of Justice, Federal Bureau of Investigation (FBI) and Criminal Justice Information Services (CJIS) Division security policies. This is to ensure law enforcement complies with CJIS Security Policy and integrates with presidential directives, federal laws, FBI directives and Criminal Justice Community's Advisory Policy Board decisions along with national recognized guidance from the National Institute of Standards and technology. The annual maintenance and support renewal agreements for the City and Police were adjusted to be co -terminus; both terming out with the same end date to better manage the support agreements. The purchase will be made through an amendment to the piggyback agreement with Compuquip Technologies, LLC through a State of Maryland agreement "Hardware and Associated Equipment & Services Contract No. 06082490022, expiring November 14, 2028. ACCOUNT: The expenditure of $35,091.17; ($23,630.39, City and $11,460.78, Police) shall be charged to the Fiscal Year 2019-2020 Internet Maintenance account number 001-1340-513-4634 which has a proposed balance of $114,939 before this request was made. n .18 South Miami AwACHMEN= CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM Resolution Amendment No. 2 to Piggyback Agreement Amendment No.1 to Piggyback Agreement Resolution 228-16-147783 Piggyback Contract, Compuquip Technologies 0 %19 DocuSign Ervelope ID: 82CD3DBA-69BF-4863-8E19-89B1ED1450F2 PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT & SERVICES Amendment No. 2 THIS AMENDMENT made and entered into this 17 day of September 2019 by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereinafter referred to as "City") and Compuauip Technologies, LLC, (hereinafter referred to as "Contractor," an authorized reseller for Check Point, LTD. The purpose of Amendment No. 2 to the piggyback agreement dated November 16, 2016 between Contactor and City is to include Annual Maintenance and Support for the Check Point Firewall Appliance for both the City and South Miami Police Department. The terms, products and services encompassed in this amendment are in accordance with the State of Maryland Contract #060132490022-2015 between Contractor and the State of Maryland. PRICING: Pricing for the Check Point Firewall Appliance is referenced as Exhibit 1, "Contractor Check Point Ouotations," #0-0100-1 & 0-01001-2 and shall be in accordance with the State of Maryland Contract #060132490022-2015. TERMS: All terms and conditions shall apply in the contract between Contractor and the State of Maryland Contract #060132490022-2015, expiring November14, 2028. The City, at its sole discretion, may terminate or cancel all services provided by Contractor without notice or penalty. 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. Compuguip Technologies, LLC: Doeuftned by: By I IAOL- 56877EF7DCF740 Director ot Finance (type name and title of signatory above) ATTEST: By: C AU-, A Nkeng . Payne, MC City Clerk CIT -I MIAMI By: yen Alexander City Manager 20 DocuSign Envelope ID: 82CD3DBA-69BF-4863-8E19-89B1ED1450F2 Read and Approved as to Form, Language, Legality and Execution Thereof. Thomas F. Pepe City Attorney 21 D=Op Enarelope ID: 82CD3DBA-69BF-0863.8E19.89B1 ED145CF2 EXHIBIT 1 PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT & SERVICES CONTRACTOR CHECK POINT QUOTATIONS • QUOTE #Q-01001-1 • QUOTE #Q-01001-2 22 DocuSign Envelope ID: 82CD3DBA-69BF-4863-8E19-89B1ED1450F2 COMPUQUIP CYBERSECURITY Compuquip Cybersecurity 2121 Ponce De Leon Blvd, Suite 530 Coral Gables, FL 33134 US Phone: (786) 641-5437 Fax: (413) 280-6742 Ship To Steven Kulick Chief Procurement Officer City of South Miami 6130 Sunset Drive South Miami, FL 33143 United States (305) 663-6339 skulick@southmiamifl.com Section 1 - Check Point Maintenance - Police -1 Year Quotation Quote #: Q-01001-1 Quote Date: 8/7/2019 Expires On: 10/15/2019 Luis Santiago (954) 520-6487 Isantiago@compuquip.com Send PO to: order@compuguip.com Bill To City of South Miami 6130 Sunset Drive South Miami, FL 33143 United States Accounts Payable CITY PART 0 DESCRIPTION UNIT PRICE EXTENDED 1 CPES-SS-PREMIUM-ADD Check Point - Enterprise Premium 7 x 24 Phone support for 3100 Neid Generation Threat S686.88 S686.88 Prevention Appliance for High Availability- Mac address: 00:1C:7F:86:21:51 - Period of performance is: 10101119-11/23,20 1 CPES.SS-PREMIUM-ADD Chock Point - Enterprise Pronnum 7 x 24 Pnono support for 3100 Noxt Generation Threat S858.38 S858.38 Prevention Appliance - Mac address: 00: 1 C:7F:86:21:5D - Period of performance is: 10101119-11/23/20 1 CPES-SS-PREMIUM-ADD Check Point - Enterprise Pronnum 7 x 24 Phone support for 3100 Next Goneration Threat S858.38 S858.38 Prevention Appliance - Mac address: 00:1C:7F:872C CF - Penrod of performance is 10/01119.112320 I CPES-SS-PREMIUM-ADD Check Point - Enterprise Piennum 7 x 24 Phone support for 3100 Next Generation Threat $686.88 S686.88 Prevention Applance for High Avadabildy- Mac address: 00 1C 7F-87:C2-48 - Penoo of performance is: 10101/19-11/2320 1 CPEBP-NGTP Check Point - Enterprise Based Protection - Next Generation Threat Prevention Package S1,860.25 $1.860.25 Including IPS, APCL, URLF, AV, ABOT and ASPM blades for CPAP-SG3100-NGTP-HA - Mac Address: 00.IC:7F:86:21 :51 - Period of performance is: 10/01/19-1112300 1 CPEBP-NGTP Check Point - Enterprise Based Protection - Next Generation Threat Prevention Package S2,324 88 S2.324 88 Including IPS, APCL, URLF, AV, ABOT and ASPM blades for CPAP-SG3100-NGTP - Mac Address: 00:1C:7F:86:21:50 - Period of performance is: 10101119.11123120 t CPEBP-NGTP Check Potnt - Enterprise Based Protection - Next Generation Threat Prevention Package S2.324.88 S2.324.88 Including IPS, APCL, URLF, AV, ABOT and ASPM blades for CPAP-SG3100-NGTP - Mac Address: 00:1C:7F:87:BC:CF - Period of performance is: 10101119.11/23120 1 CPEBP-NGTP Check Point - Enterprise Based Protection - Next Generation Threat Prevention Package S1,860.25 S1,86025 Including IPS, APCL. URLF. AV, ABOT and ASPM blades for CPAP-SG3100-NGTP-HA - Mac Address: 00:1C:7F:87:C2:48 - Period of performance is: 10101/19-112320 Section 1 - Check Point Maintenance - Police -1 Year TOTAL: S11.460.78 Page 1 of 5 23 DomSign Envelope ID: 82CD3DBA-698F-0863AE79-89B1ED1450F2 Police Department Renewal Stale of Maryland Contract #060B2490022.2015 hCp9/www.doiLstate.md.uytmdmcDetails.aspx?mclD=64&smc=13 Signature: Name (Print): Effective Date: Tine: THANK YOU FOR YOUR BUSINESSI Page 2 of 5 TOTAL• Sil 460.7a 24 DocuSign Envelope ID: 82CD3Dl3A-688F-4883.8E1MBIED145OF2 COMPUQUIP TECHNOLOGIES, INC. - SERVICES TERMS & CONDITIONS TERM: This Agreement Is effective upon acceptance by an executive officer of Compuquip Technologies, LLC. dba Compuquip Cybersecurky (the "Company'), and shall continue until the services to be performed hereunder (the "Services") are performed or this Agreement Is otherwise terminated pursuant to the terms hereof. Either Company or Customer may terminate this Agreement without cause upon sixty (60) days prior written notice to the other, in which case Company shall, In its sole discretion, determine its costs through the effective date of termination, and its percentage of completion of the Services, and determine what, if any, amounts are due back to Customer. Upon the termination of this Agreement and/or upon completion of the performance of the obligations set forth. herein, the parties shall have no further obligations hereunder. The rights and obligations of the parties hereto shall survive termination of this Agreement to the extent necessary to preserve the Intent of the parties. TIME OF PERFORMANCE: Unless otherwise stated in this Agreement, the Services will be provided from time to time during the term hereof between the hours of eight (8) a.m. and five (5) p.m. Monday through Friday, excluding holidays. Any Services performed outside this time period will be billed at Company's rate in effect at that time for services comparable to the Services performed. RESPONSIBILITY: (a) Access. Customer shall provide access to the Customer's facilities where its computer systems are maintained and adequate and suitable facilities and space for Comparrfs personnel to work at the Location and on such computer systems. If Company determines that the Services require Company to remotely access Customers computer systems, Customer agrees that it shall also provide Company with all information requested by Company In order to remotely access Customers computer systems. (b) Representations and Warranties. In conjunction with the performance of the Services, Customer represents and warrants that () Customer has full right, power, and authority to consent to have the Services listed on the first page performed; and (ii) the execution, delivery and performance of this Agreement does not or will not violate or cause a breach default under. (A) the governing charter or organizational documents of Customer, (13) any agreement, lease, mortgage, license or other contract to which Customer is a party; or (C) any law, rule, regulation, order, decree or consent action by which Customer Is bound or to which It is subject Customer shall defend Company if the performance of the Services under this Agreement infringes any patent or copyright registered In the United States, trademark, trade secret or other intellectual property right. Subject to the conditions and limitations of liability stated In this Agreement, Customer shall indemnify and hold harmless Company against any such claims and shall pay any costs or damages and expenses (including attorney's fees) finally awarded against Company by a court of law, agreed to In settlement or awarded by any other body or person authorized under law or contract to award such damages. Customer also acknowledges and agrees that the providing of the Services may in some circumstances result in the disruption of services at such site(s) or loss or damage to software or hardware. Consequently, Customer agrees that it Is Customers responsibility to perform backups of data on all devices connected to Customers IP addresses and/or domain names prior to Company providing the Services. Customer further Ossumes the risk for all damages, losses, and expenses resulting from the Services. Upon Customers prior written request, Company will (at an additional cost to Customer), attempt to save any data and programs on Customer's computer systems that will be utilized by Company in the performance of the Services. (c) Limitations on Liability. The Services are being provided was Is" without any warranty of any kind. Without limiting the foregoing, Company makes no warranty whatsoever that the Services will be error -free, free from interruption or failure, or secure from unauthorized access, or that it will detect every vulnerability to Customers network, or that the results generated by the Services, will be error• e, accurate, or complete. The Services may become unavailable due to any number of factors Including scheduled or unscheduled maintenance, technical failure of the software, telecommunications infrastructure, or the Internet. This limitation shall apply regardless of whether (I) Company determines that Customers Page 3 of 5 25 DocuSign Envelope ID: 62CD3DBA-698F-4863-8E19-89B1ED1450F2 systems are deemed "secure", (ii) Customer performs such modifications to its systems as Company reasonably suggests in order for its systems to be deemed "secure", or (iii) otherwise. Without limiting the foregoing, Company expressly disclaims all warranties, whether express, implied or statutory, and includes but not limited to the warranties of merchantability, fitness for a particular purpose, title, and non -infringement of third party rights. Under no circumstances shall Company be liable to Customer or anyone claiming through or under Customer for any loss of profits, loss of data, equipment downtime, loss of goodwill, or for any indirect, incidental, exemplary, consequential, punitive or special damages relating to or arising out of this agreement, even if Company has been notified or the possibility of such loss or damage. The limitations of liability in this section shall apply to claims of every kind, whether based upon contract law, tort law, or otherwise, even if these limitations have the effect of exculpating Company from responsibility for its own negligence, fault, or other conduct. THE LIABILITY OF COMPANY FOR DAMAGES OR MONETARY PAYMENTS OF ANY NATURE WHETHER FOR BREACH OF WARRANTY, NONPERFORMANCE OR OTHERWISE SHALL IN NO EVENT EXCEED THE SUMS ACTUALLY PAID TO COMPANY BY CUSTOMER THEREUNDER. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law This section shall survive any terminaflon or expiration of Customers agreement with Company. Customer acknowledges that this limitation on liability was specifically bargained for and is acceptable to Customer. Further, Customers willingness to agree to the limitations contained in this section was material to Company's agreement to enter into this Agreement. (d) Force Majeure. Company shall not be responsible for failure to render any Services hereunder due to causes beyond its control, including, but not limited to, work stoppages, fires, civil disobedience, riots, rebellions, floods, war, acts of terrorism, delays in transportation, accident, failure of Customer to provide a suitable operating environment for Company, hardware malfunctions caused by defects in software or otherwise, failure of Customer to allow Company access to its computer system, acts of God and other similar occurrences. PAYMENTS : The Customer shall pay Company the total fees as set forth herein for the Services by: (i) an initial deposit in the amount agreed upon by the parties upon execution of this Agreement, if any; and (ii) payment of the full amount of the balance of the total fees on or before the date the Company begins the Services. Any Services provided to Customer by Company, which are not included under this Agreement, will be charged to the Customer at Company's then applicable rates and terms, and Customer agrees to pay all such charges on or before thirty (30) days after the date of Company's written invoice(s) for same. Company will have no obligation to perform any services for Customer, whether included in ttws Agreement or otherwise, unless all charges, fees, and taxes for Services rendered under this Agreement have been paid in full by Customer when due. In the event of non-payment of any sum due and owing under this Agreement, Company shall have the right to suspend or immediately terminate all Services and other services, without notice, and may determine whether or not to reinstate any Services upon receipt of payment in full of all sums owed. HIRING OF COMPANY'S EMPLOYEES: In the absence of Company's prior written consent, and for a period of twelve (12) months after the expiration or termination of this Agreement, for any reason whatsoever, Customer agrees not to hire or engage, directly or indirectly, any person who, at any time during the twelve (12) months immediately preceding such hiring or engagement, was an employee of Company employed to perform the Services or other services similar to the Services for any customer of Company. Company and Customer agree that the damages from a breach of this Section would be difficult to ascertain. Therefore, in the event Customer breaches this provision, Customer agrees to pay Company, as liquidated damages and not as a penalty, a sum equal to twenty-four (24) months' pay for each former employee of Company hired by Customer, at the rate paid by Company for the last full month of such employee's employment with Company. In addition, Company shall be entitled to temporary and permanent injunctions in order to prevent or restrain any such violation of this Section by the Customer or its partners, agents, representatives, servants, employers, employees and any and all persons directly or indirectly acting for or with the Customer. These remedies shall be in addition to, and not in limitation of, any other rights or remedies provided to Company hereunder or available to Company at law or in equity. Page 4 of 5 M DowSl n Envelope ID: 82CD30BA-69BF4863-8E19-89B1ED145OF2 TAXES: Customer will be responsible for payment of all taxes, except for income taxes, imposed upon Company by taxing authorities by reason of the delivery of the Services. NOTICES: Customer will be responsible for payment of all taxes, except for income taxes, imposed upon Company by taxing authorities by reason of the delivery of the Services. MISCELLANEOUS: (a) This constitutes the entire Agreement between Company and Customer with respect to the delivery of the Services and no representation or statement not contained herein shall be binding upon Company or Customer unless in writing and executed by the party to be bound thereby. (b) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (c) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida including all matters of contraction, validity, performance, and enforcement. (d) This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and of equal force and effect. (a) This Agreement and obligations of the Customer are not assignable without the prior written consent of Company. Any attempt to assign any rights, duties, or obligations, which arise under this Agreement without such consent, will be void. (f) If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable; the validity, legality and enforceability of the remaining provisions shall not in any away be affected or impaired thereby. ARBITRATION AND FEES: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Such arbitration shall be held in Miami, Florida. As part of the award of any arbitration, the Arbitrator(s) may award all costs and expenses, including reasonable attomeys' fees to the prevailing party. If it is necessary, following the arbitration award, for a party to enforce the arbitration award in court, such party may receive, in addition to enforcement of the arbitration award, attorney's fees and other costs and expenses incurred by it in any such court proceedings. The parties specifically agree that venue for any such court proceedings shall be in Miami -Dade County, Florida, and submit to the jurisdiction of such court. GENERAL: (a) Customer shall not make any deduction from, nor assert any right of set-off against, payments due to Company without Company's express prior written authorization. (b) Company may, for the performance of any of the various services required of Company under this Agreement, utilize the services of independent contractors selected by Company. (c) This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and of equal force and effect, and all of which taken together shall constitute one and the same instrument. (d) Neither the failure nor any delay on the part of Company to exercise any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power, or privilege preclude any other or further exercise thereof. RELATIONSHIP OF THE PARTIES: The performance by the Company of the Services under this Agreement and shall be that of an independent contractor, and nothing in this Agreement shall create or imply an agency relationship between the parties, nor will the Agreement be deemed to constitute ajoint venture or partnership between the parties. Page 5 of 5 27 DocuSign Envelope ID: 82CD3DBA-69BF-4863-8E19-89B1ED1450F2 � COMPUQUIP CYBERSECURITY Compuquip Cybersecurity 2121 Ponce De Leon Blvd, Suite 530 Coral 'Gables, FL 33134 US Phone: (786) 641-5437 Fax: (413) 280-6742 Ship To Steven Kulick Chien Procurement Officer City of South Miami 6130 Sunset Drive SauM Miami, FL 33143 United States (3D51663-6339 skulfck@southmiamifl.com Section 1 - Check Point Maintenance - 1 Year Quotation Quote #: Q-01000-2 Quote Date: 818/2019 Expires On: 10/15/2019 Luis Santiago (954) 520-6487 Isantiago@compuquip.com Send PO to: order@compuquip.com Bill To City of South Miami 6130 Sunset Drive South Miami, FL 33143 United States Accounts Payable on, PART 0 DESCRIPTION UNIT PRICE EXTENDED 1 CPESSS-PREMIUL+1-ADD Check Pomt - Enterprise Premium 7 x 24 Phone support for 5600 Next Generation Threat S5,117.00 S5.117.00 Prevention and SarmdBtast (NGTX) Appliance - Mac address: 00:1C:7F:82:38:8D - Period of performance is: IGM1119-1112320 1 CPES-SS-PREMIUM.ADD Check Point - Enterprise Premium 7 x 24 Phone support for 5600 Next Generation S4,094.13 S4.094.13 Threat Prevention and Sandblast (NGTX) Appliance for High Avadatx4ty - Mac address: 00:1C:7F:8248:F7 - Period of performance is: 10101119.112. 20 1 CPES-SS-PREMIUM-ADD Check Point - Enterprso Premium 7 x 24 Phone support for 1430 Next Generation Threat S-146.00 S-146A0 Prevention Appliance - Mac address: 00:1 C:7F:90:79:75 - Period of performance is: 10101119-111=0 1 CPESSS-PREMIUM-ADD Check Paint - Enterprise Premium 7 x 24 Phone support for Smart-1 205 Appliance - Mac S1,121.75 S1.121.75 address: 00:1C:7F:43:0E:E9 - Period of performance is, 10101119-112320 1 CPESSS-PREMIUM-ADD Check Paint - Enterprise Premium 7 x 24 Phone support for Mobie Access Blade for S539.00 S539.00 50 concurrent connections - Mac address: 57D59D62E3B4 - Period of performance is: 10101119-1112320 1 CPESSS-PREMIUM-ADD Check Point - Entmpaso Premium 7 x 24 Phone support for Mobile Access Blade for 50 S430.50 5430.50 concurrent connections HA - Mac address: FOFA40AE4628 - Period of performance is: 10101119-112320 1 CPEBP-NGTP Check Point - Enterprise Based Protection - Next Generation Threat Prevention Package S6.930.00 S6.930.00 Including IPS. APCL. URLF. AV, ABOT and ASPM blades for CPAP-SG5600 - Mac Address: 00:1C:7F:82:38:80 -Period of performanco is: 10101119.112320 CPEBP-NGTP Check Point - Entorpnso Basked Protection - Next Generation Threat Proventbon Package S5.544.00 S5.544.00 Including IPS, APCL. URLF. AV, ABOT and ASPM blades for CPAP-SG5600 HA - Mac Address: 00:1C:71`:82:48:177 -Period of performance is: 10101119-1 112320 Page 1 of 5 DocuSign Envelope ID: 82CD3DBA-69BF-4863-8El9-89B1ED1450F2 CITY PMTe OESCRIPnGN UNn PRICE E%TQIDEO 1 CPEEP-NGTP 011*Powi- EmoWse Basod PnLotllon-Net Gem b. Tbmel Prevangon Petluge I soil Se.o1 IMudigtn. A . UlL. AV, MOT oM ASPM bbEes fa CPA 13143-MUA Trees: WA C:7F:So:]B:75.Pertd mpodom . to: 1=I119.11rMo S w1- Chad Palm Yelmenema-1 Yem TOTAL: V3,M.39 Slate of Maryland Contract #060B2490022-2015 htip:/ v ww.doit-state.md.usltmdmcDetails.aspx?mclD=84&smc=13 Signature: Name (Print): Effective Date: Title: THANK YOU FOR YOUR BUSINESSI Page 2 of 5 TOTAL: 521,630 29 DoaSign Envelope ID: 82CD3DBA-698F-4863AE19-89B1ED145OF2 COMPUQUIP TECHNOLOGIES, INC. - SERVICES TERMS & CONDITIONS TERM: This Agreement is effective upon acceptance by an executive officer of Compuquip Technologies, LLC. dba Compuquip Cybersecurity (the "Company), and shall continue until the services to be performed hereunder (the "Services") are performed or this Agreement is otherwise terminated pursuant to the terms hereof. Either Company or Customer may terminate this Agreement without cause upon sixty (60) days prior written notice to the other, in which case Company shall, in its sole discretion, determine its costs through the effective date of termination, and its percentage of completion of the Services, and determine what, if any, amounts are due back to Customer. Upon the termination of this Agreement and/or upon completion of the performance of the obligations set forth herein, the parties shall have no further obligations hereunder. The rights and obligations of the parties hereto shall survive termination of this Agreement to the extent necessary to preserve the intent of the parties. TIME OF PERFORMANCE: Unless otherwise stated in this Agreement, the Services will be provided from time to time during the term hereof between the hours of eight (8) a.m. and five (5) p.m. Monday through Friday, excluding holidays. Any Services performed outside this time period will be billed at Company's rate in effect at that time for services comparable to the Services performed. RESPONSIBILITY: (a) Access. Customer shall provide access to the Customer's facilities where its computer systems are maintained and adequate and suitable facilities and space for Company's personnel to work at the Location and on such computer systems. If Company determines that the Services require Company to remotely access Customer's computer systems, Customer agrees that it shall also provide Company with all information requested by Company in order to remotely access Customer's computer systems. (b) Representations and Warranties. In conjunction with the performance of the Services, Customer represents and warrants that (i) Customer has full right, power, and authority to consent to have the Services listed on the first page performed; and (ii) the execution, delivery and performance of this Agreement does not or will not violate or cause a breach default under. (A) the governing charter or organizational documents of Customer, (B) any agreement, lease, mortgage, license or other contract to which Customer is a party; or (C) any law, rule, regulation, order, decree or consent action by which Customer is bound or to which it is subject. Customer shall defend Company if the performance of the Services under this Agreement infringes any patent or copyright registered in the United States, trademark, trade secret or other intellectual property right. Subject to the conditions and limitations of liability stated in this Agreement, Customer shall indemnify and hold harmless Company against any such claims and shall pay any costs or damages and expenses (including attorney's fees) finally awarded against Company by a court of law, agreed to in settlement or awarded by any other body or person authorized under law or contract to award such damages. Customer also acknowledges and agrees that the providing of the Services may in some circumstances result in the disruption of services at such sites) or loss or damage to software or hardware. Consequently, Customer agrees that it is Customer's responsibility to perform backups of data on all devices connected to Customers IP addresses and/or domain names prior to Company providing the Services. Customer further assumes the risk for all damages, losses, and expenses resulting from the Services. Upon Customer's prior written request, Company will (at an additional cost to Customer), attempt to save any data and programs on Customer's computer systems that will be utilized by Company in the performance of the Services. (c) _imitations on Liability. The Services are being provided "as is" without any warranty of any kind. Without limiting the foregoing, Company makes no warranty whatsoever that the Services will be error -free, free from interruption or failure, or secure from unauthorized access, or that it will detect every vulnerability to Customer's network, or that the results generated by the Services, will be error -free, accurate, or complete. The Services may become unavailable due to any number of factors including scheduled or unscheduled maintenance, technical failure of the software, telecommunications infrastructure, or the Internet. This limitation shall apply regardless of whether (i) Company determines that Customer's Page 3 of 5 30 DomSign Envelope ID: 82CD3DBA{9BF4W3-8E19-89B1ED145OF2 systems are deemed "secure", (ii) Customer performs such modifications to its systems as Company reasonably suggests in order for its systems to be deemed "secure", or (iii) otherwise. Without limiting the foregoing, Company expressly disclaims all warranties, whether express, implied or statutory, and includes but not limited to the warranties of merchantability, fitness for a particular purpose, title, and non -infringement of third party rights. Under no circumstances shall Company be liable to Customer or anyone claiming through or under Customer for any loss of profits, loss of data, equipment downtime, loss of goodwill, or for any indirect, incidental, exemplary, consequential, punitive or special damages relating to or arising out of this agreement, even if Company has been notified or the possibility of such loss or damage. The limitations of liability in this section shall apply to claims of every kind, whether based upon contract law, tort law, or otherwise, even if these limitations have the effect of exculpating Company from responsibility for its own negligence, fault, or other conduct. THE LIABILITY OF COMPANY FOR DAMAGES OR MONETARY PAYMENTS OF ANY NATURE WHETHER FOR BREACH OF WARRANTY, NONPERFORMANCE OR OTHERWISE SHALL IN NO EVENT EXCEED THE SUMS ACTUALLY PAID TO COMPANY BY CUSTOMER THEREUNDER. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law. This section shall survive any termination or expiration of Customers agreement with Company. Customer acknowledges that this limitation on liability was specifically bargained for and is acceptable to Customer. Further, Customer's willingness to agree to the limitations contained in this section was material to Company's agreement to enter into this Agreement. (d) Force Majeure. Company shall not be responsible for failure to render any Services hereunder due to causes beyond its control, including, but not limited to, work stoppages, fires, civil disobedience, riots, rebellions, floods, war, acts of terrorism, delays in transportation, accident, failure of Customer to provide a suitable operating environment for Company, hardware malfunctions caused by defects in software or otherwise, failure of Customer to allow Company access to its computer system, acts of God and other similar occurrences. PAYMENTS : The Customer shall pay Company the total fees as set forth herein for the Services by: (i) an initial deposit in the amount agreed upon by the parties upon execution of this Agreement, if any; and (it) payment of the full amount of the balance of the total fees on or before the date the Company begins the Services. Any Services provided to Customer by Company, which are not included under this Agreement, will be charged to the Customer at Company's then applicable rates and terms, and Customer agrees to pay all such charges on or before thirty (30) days after the date of Company's written invoice(s) for same. Company will have no obligation to perform any services for Customer, whether included in this Agreement or otherwise, unfess all charges, fees, and taxes for Services rendered under this Agreement have been paid in full by Customer when due. In the event of non-payment of any sum due and owing under this Agreement, Company shall have the right to suspend or immediately terminate all Services and other services, without notice, and may determine whether or not to reinstate any Services upon receipt of payment in full of all sums owed. HIRING OF COMPANY'S EMPLOYEES: In the absence of Company's prior written consent, and for a period of twelve (12) months after the expiration or termination of this Agreement, for any reason whatsoever, Customer agrees not to hire or engage, directly or indirectly, any person who, at any time during the twelve (12) months immediately preceding such hiring or engagement, was an employee of Company employed to perform the Services or other services similar to the Services for any customer of Company. Company and Customer agree that the damages from a breach of this Section would be difficult to ascertain. Therefore, in the event Customer breaches this provision, Customer agrees to pay Company, as liquidated damages and not as a penalty, a sum equal to twenty-four (24) months' pay for each former employee of Company hired by Customer, at the rate paid by Company for the last full month of such employee's employment with Company. In addition, Company shall be entitled to temporary and permanent injunctions in order to prevent or restrain any such violation of this Section by the Customer or its partners, agents, representatives, servants, employers, employees and any and all persons directly or indirectly acting for or with the Customer. These remedies shall be in addition to, and not in limitation of, any other rights or remedies provided to Company hereunder or available to Company at law or in equity. Page 4 of 5 31 DocuSign Envelope ID: 82CD3DBA-69BF-4863-8E19-89B1ED1450F2 TAXES: Customer will be responsible for payment of all taxes, except for income taxes, imposed upon Company by taxing autho2ities by reason of the delivery of the Services. NOTICES: Customer will be responsible for payment of all taxes, except for income taxes, imposed upon Company by taxing authorities by reason of the delivery of the Services. MISCELLANEOUS: (a) This constitutes the entire Agreement between Company and Customer with respect to the delivery of the Services and no representation or statement not contained herein shall be binding upon Company or Customer unless in writing and executed by the party to be bound thereby. (b) T4tis Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. (c) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida including all matters of contraction, validity, performance, and enforcement. (d) This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and of eqa force and effect. (e) This Agreement and obligations of the Customer are not assignable without the prior written consent of Company. Any attempt to assign any rights, duties, or obligations, which arise under this Agreement without such consent, will be void. (f) If any provisions of this Agreement shall be held to be invalid, illegal, or unenforceable; the validity, legality and enforceability of the remaining provisions shall not in any away be affected or impaired thereby. ARBITRATION AND FEES: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction. Such arbitration shall be held in Miami, Florida. As part of the award of any arbitration, the Arbitrator(s) may award all costs and expenses, including reasonable attorneys' fees to the prevailing party. If it is necessary, following the arbitration award, for a party to enforce the arbitration award in court, such party may receive, in addition to enforcement of the arbitration award, attorney's fees and other costs and expenses incurred by it in any such court proceedings. The parties specifically agree that venue for any such court proceedings shall be in Miami -Dade County, Florida, and submit to the jurisdiction of such court. GENERAL: (a) Customer shall not make any deduction from, nor assert any right of set-off against, payments due to Company wftut Company's express prior written authorization. (b) Company may, for the performance of any of the various services required of Company under this Agreement, utilize the services of independent contractors selected by Company. (c) this Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and of equal force and effect, and all of which taken together shall constitute one and the same instrument. (d) Neither the failure nor any delay on the part of Company to exercise any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power, or privilege preclude any other or further exercise thereof. RELATIONSHIP OF THE PARTIES: The performance by the Company of the Services under this Agreement and shall be that of an independent contractor, and nothing in this Agreement shall create or imply an agency relationship between the parties, nor will the Agreement be deemed to constitute a joint venture or partnership between the parties. Page 5 of 5 32 (am" allg Pw am Qd4) leSau�fr� 96/J4180 :leg ' ae ogs g maA pane Alp ** a pq m ao stemm Guipedw n� pmSp aq 04 d o*jo ApmPA as wo 3o 3w p Aop a* so pm `�I 88�liLiiM liII •A4=dmoopm =W& jWmmo Aq PW.VAzd Mm.m I sa wm.mxq Am vow atos sp. 0 `ftO ou p we MR pm =nmwo aa0Mq Mwo a* of (Fib um wommm Pay mm By _ ,nv.-,F-A - INFEERVAM WWW'Da pnptnq p @MS op q+ =Mmm m oq rp pm « $000 Of ss pmqo JUM WM Op m3 ftjq.9d a*w.a Ul a! pia OMWM PM sy "O d %ate aq� �amaa�e � mMIMOGOM.MlImm WM sA sW %q= aq e.t pie jwmoJ mamm 9ioZ '9t "I1 PWP Pam Vgq=.d OW 09 T 'ON I n, I Irn Fir, my 3o =)ftd ou OM qlvf M4M0P ;f Pan= pw qm ss sums V INMUMM a � ON =Vs%UW r xOd JOVWW0O 3DVgAW a Read sndApproved as toFa- Im—ims-e-LeSftsndRs cd= Z�teroo� . s.F. i'epe CILyMomey F34 RESOLUTIONNO:* 2 28-16 -14 78 3 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. WHEREAS, the City currently utilizes Barracuda firewall software that has been analyzed by Miami -Dade County IT who have determined it will be in the Cityis interest to transition to a new firewall protection software; and WHEREAS, IT is recommending Check Point firewall software for the City which is the same firewall software deployed throughout Miami -Dade County; and WHEREAS, the selected firewall will be used to replace the current Barracuda device and the Check Point firewall provides additional features not supported by the Barracuda firewall and will also replace the Barracuda Content filter, and WHEREAS, 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 Ciity's network and sensitive data; and WHEREAS, the purchase of Check Point firewall software will be through a piggyback agreement from the State of Maryland Contract No. 06OB2490022-2015 for Hardware and Associated Equipment & Services; and WHEREAS, the State of Maryland Contract No. 06OB2490022-2015 was competitively solicited through a process that meets or exceeds the City's competitive solicitation process; and WHEREAS, the cost for the Check Point firewall software will not exceed $109,683 and will be charged to Account No. 301-1340-513-6430. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized 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 for an amount not to exceed $109,683. Section 2. severability. if any section, cause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. 21 Pagel of 2 35 Res. No. 228-16-14783 Sion 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this 15 day of November 2016 ATTEST: -Nrrff4T��,.. APPROVED: MAYOR COMMISSION VOTE: S-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Ye8 Commissioner Liebman: Yea Commissioner Edmond: Yea '36 Page 2 of 2 CITY OF SOUTH MIAMI OFFICE OF THE CM MANAGER Sou iami IN7E t-OFFICE MEMORANDUM �anr of w.a:�rrr u��cc To: The Honorable Mayor & Members of the City Commission FRom: Steven Alexander.. City Manager LftrDATE: November IS.. 2016 Agenda item No.: SWAM. A Resolution authorizing the City Manager to purchase Check point firewall software appliance from Cornpuquip Technologies, LLC an authorized reseller of Check Point LTD, through a piggyback with the State of Maryland Contract No. 06082490022-201S. BACKGROUND: 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 PDT 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. 2' �37 CITY OF SOUTH MIIAMI • OFFICE OF THE CITY MANAGER lama IINT M-0FFICE MEMORANDUM THg cnir 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 tQ the City's network and sensitive data. The purchase will be made through a piggyback agreement with Compuquip Technologies ILC, an authorized reseiler of Check Point LTD, - through a State of Maryland agreement "Hardware and Associated Equipment & Services: Contract No. 06082490022-2015. Acwui r: The expenditure of $109,683 shall be charged to the Capital Equipment account number 301-1340-S13-6430, which has a balance of $116,000 before this request was made. AmcHm m: Resolution Proposal, Check Point Piggyback Agreement 2A r 38 CONTRACT FOR HARDWARE AND AssoaAUD EQUIP & sgRviC�s wrrh�ssRrs: the contract was c%FLU dvely solicited by the Soft of M113dad and CmandNiL ffaUMNaMS fbr H+dm a and A92dded Xmbmmt Servers. and after completing a competititi►e bidding process, awarded a contract to Contractor, and the City of South Miami desires to utilize the mate of Mar do d CnRd No. 0li0R49Ei022-2015 for � end Amoeiated �AftNE CLt hide $ems and p==to aulborky of the City of South Miami's Chatter. NOW, RE, the City and the Contractor, each through their authorized rues-- id e/offtcK agree as follows: L The City desires to enw into a Contract, under the same teams and as set forth in tin solicitation and the agreement between the C;rsaor and the canh=4 for- &MUM gW wadde - & &mks Qm=d&Rm no su tra of � Ca_on_traet Na 048�Z490022-?AIS. 2. The City has reviewed the contract and agrees to the terms and conditions to be applicable to a purchase order to be issued by the City and further agrees to the fair and reasonableness of the pricing. Contractor hereby agrees to provide such goods andlor services, puzsnant to the City's purchase order made during the term of this under the same price(s), terms and conditions as found in the solicitation documvitts and the response to the soliehation, pertinent copies of which ate attached hemto as A and made a put hweof by refmmnc% and the agreement anNor the award bet om the, a copy ofwhich, iacluddim any atnendmetrts and addendums thereto, is attached hereto and made a part hereof by reference- 7 F. Pegs-01-11-16 POP 1 of 6 c 39 Manager for the City of South Miami. The term of the contract, including all wftmdOns autized byt1w contract stall not exceed five years. Notwithstanding anything contained in the E1 and clontmxuor the contract and the through Contract 1 & 06QB4H to tit$ contrary, this shall be govenrod by the laws of fire State of Florida aid venue for all &spute resolutions or HWon stall be in Miar"ade County, Florida. 4. Scope of Goods and Services. The scope of goads and services are set forth in the attached Attment A. & Grant F ndbW This project is being fimded N& and Contractor agrees to comply with all the roquirarn s of do Gr amble to*e delivary of the goods and services treat are tine subject of this Agreement, and that are wideia its power to provide and to provide all fire docnmoa within its control that is required for rile City to be able to r000va the contract price puran d to the terms of the grant. A copy ofthe grata is WacMd hereto and made a pant hereof by mf rence. 7) PWWk lleoards: CONTRACTOR and all of its subcontractors are t+equbW to comply with the .public records law (s.119.0701) while providing goods =Wbr services on behalf of the CITY and the CONTRACTOR, under such conditions, shall inca porato this paragraph in all of its subcontracts for this Project and skill: (a) Keep and maintain public records required by the public agency to perform the servicr, (b) Upon request from to public agency"s custodian of Public records, provide the pul ic.agency with a copy of the requested records or allow the l+oeoi+ds to be In d or copied wldetn a reasonable trine at a cost that does not exceed the cost provided in this CIsapter or as atharwise provided by k w, (e) Ensure that public rocx & that are exempt or coafideatial and exempt front public records discios w required era not disclosed except as audwrined by law forthe duration of the ContrM term and following completion ofthe CAntiract if CONTRACTOR does not transfer rite records to the pubic agency; and (d) Upon completion of tine Contract ttanslbry at no cos% to the public agency all public records in possassioa of CONTRACTOR at keep and maintain public records rogteirrd by the public agency m pe*1101 the service. If CONTRACTOR traces all public records to the public agency upon eompledon of the Coitract, CONTRACTOR shall destroy any d4plicate public records that are acanept or coreftdential and exempt from public rnosds disclosure r+equirerreeats. If CONTRACTOR keeps and ma i sins public recoils upon completion of the Contract, CONTRACTOR shall meet all applicable n:phements for redaining public r+eom+ds. All records stored eIaetronicany must be provided to the public agency, upon request fry the public sgaarcy's custodian of public records, in a format that is compatible with the infnation tadmalogy cyst M of the public agmy. IF CONTRACTOR HM Q=SnONS REGARDING TM AMICATION OF 1199 FLORIDA STATUTES, TO THE CONTRACTOR'S F. Pqw-01-11-16 Pegs a of6 2 2 40 DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT TIIE CUSTOMN OF PUBLIC RECORDS AT 305 563-6340; E-mail: MMeneodez@soutbmasmMgov; 6130 Sunset Drive, South Miami, FL .33143. 8. Waiver Jury Trial: City and Contractor knowingly, irrevocably voluntarily and inteRtim ally waive any right either may have to a trial by jury in State or Federal Court O+oeeedings in respect to any action, Proceeding, lawsuit or co>tzzterclairn arising out of the Contmet Documents or the performance of die Work thereunder. 9. Validity of Ruenteed Copies: This agreement may be executed in several counteeparts, 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 Agnanent or a breach thereof each party shall bear its own costs and 1ega1 foes. Nothing contained herein shall prevent or prohibit the right tube i-annitied for any anomey fees incurred in the defense of an action by a person or aft who is not a patty to this Agreernemt. I I. Severability: If any term or provision of this Agreement or the application thereeofto any person or circumstance shall, to any extent, be invalid or unerefoaxaLte, the remainder ofthis Agreement, or the application of such term or provision to persons or comes 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 csrfvrecable to the fullest extent perntitted by law. IN NESSWIMOF, and as the duly authorized act of the parties, the undersigned representatives of the parties hereto have caused this Wo ment to be signed in their respective rnarmes by their pteaper officials on or before the day and year first above vaitten. Compaguip Tecbnologles, L LC By: 14MV, Ivan Rezvoy Director of Finance (Type name and title of signatory above) A : CITY O B By. M. enk Leven Alexander City Clerk my Manager Th mn F. P"D — 01-11-16 Page 3 of 2 �41 Readffi asooFoem. 7h�ae F. Pepo / CilyAf�nney 1 F. Pepe-01-11-16 Psp 4 of6 20 42 i ATTACHMENT A CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT & SERVICES State -of Maryland and Compuquip Teehnologies, LLC • Contract No. 06OB2490022-2015, SCOPE OF SERVICES & • ACTION AGENDA, STATE OF MARYLAND Thomas F. A*e—01-11-16 ' 2.43 s i DEPARTIMM OF INFORMATION TBCEMLOOY (Dorf) yf Ow -we and Amsted Equipment and Services 060B2490022 2015 WE CONTRACT (the Voultact') is made 0t 2Eday of CA201(ty and between CGMFR ip TeotmoIo®iaa 84an of the S°rATS OF MMYLMM9 the MMYLAND DEPARTMENT OF IlKORMAMON TWMOLOGY (Dofr). IN CONSIDERATION of the follawing, the parties agree as Wowc I. DefinItIOUB In this Contract, the following words have the wemAn indl ated. 1.1. "COMAR" means the Coda ofAlwyIandRagdatiaas. 1.2. `Y:aaftacf' mcens this contract forHardware ands Equipmentand Services and related lation-A-M—Inf,na and maintenance serviced BxCgA as otherwise provided, any reference to ft Caret shah be deeM8d to ittolude rnfes+eaae to a PuzdM Oiler (Poi. 1.3. "CaMMU Man$W means dw in&vidual ideati0ed in Section 16 of tits R,egwd for Proposals (RM or a mweessm des mulled by tits Dgtartment. 1.4. "ConftcW means cwam4 udmacowt rsc whose FinoW business address is: 2894 Ml 79th ave., Doral PL 33122 . 1.5. "Depariinear mom the D tent of InfomjaIf Tehaology (Dd7). M `�eMil4" means eMaryland Nfea�atplace. 1.7. "Fiaa dd Proposal" mesas the Contractor's Emancial proposal dated o2, / LL • `9ia i dwm,. and Assamated Equipment and SesvioW' mesas those services described in Sudan 2 oftheRFP. 19. "habliati m" mesas uansfimbgnamwf=rer's ebatt+anic medla to computer systems so that the Hardware and Asaciated Equipaent and Services will provide due f and fimcdans generalhr deson'bedin theuser aocuuceatst;�. . 1.10. 9WMWitY Buses Enterprise" ORB) mesas an entity meeting the definition at COMAR 21.0 1.02.01B(54), which is oertifledbythe NWhad DWftM ofTmWostm ion under COMAR 21.11.03. 1.11. `ProattrUMent MUM" means the person idedfied in Section 1.5 of theRFP or a succewor deWenated by ft Dqwtozea 1.12. `proposal" weans, as appm wa% eather or both the Contractor's Technical or Financial Pwpo=L 1.136 "Purchase Orders' or "PO" peacethe w9hodulion for Contractor to proceed with delivery of products "or any services requested via a PORFP. 1.14. "PORPEP' mans rurchm OrderRegwd forQw*ttion. 1.15. `?requesting Agency" meads the emit of the State gavemneent issuing ft FORM 1.16. MIT* means the Request for Proposals forHardware ind Awwoiated Equ*nent and Services No. 06OB2490022-2015 and any amendmew thereto imued in writing by the State. 6 3� 1 1.17. "Sensitive DaW mesas any personally identifiable information (PH), protected health io6a -ion (PHIS or other pri Wconfldandal data. 1.18. "SoSware" mena the cNeet code version of computer programs licensed punRW to, this Coatram Embedded code, fimswa e, iatml code, mkmcod% and mW other tamrafting to software gat is wry► for proper operation is included in this definition of Saliwam. Software includes all prior, current, and future versions of the SoSwm and all maintenance updates and am aotrectiors. "Software afro includes any upgrades, updates, bag axes or modified vaWom or bwkup copies of the Software licensed to the State by Contractor or an authorized disbftrdor: 1.19. "State means the State of magland. 1.20. "TechnicalProp=W means the Cod's tedmical proposal dated Ill. cq.*diad trams tint defined herein shall be ascribed din given to them is the RFP. 2. Scapa of Contmet 2.1. The CMft dW shall provide Hardware and Associated Fermentand Services, insteWOO and/or trakdaM antlermamifactiner's atedded warranty, as descdbed in a PORFP or PO, in the Rdbwing Mudonal area(s): • FA 3 - Network C.amamnni - ad Dw FjFk)nied FA 4 - Installation & limning Services 2.2. Three products and services shall be provided mac ordamoe with the terms and conditions of this Contrapt and the following Bxhibits, which are attached and hmpowted. heroin by rdmmCe. If these are any inc�es between this Contract and the a000yiag Bxlv'hits, the terms of this Coatrad abil control. if tlim is nary► conW among the Bxhfts, the following order of . pr+axdaQce shall apply: . BxhMA—Ths RFP &b6itB—TheCcntradAfftdsvrtdated 06/21/2016 FxhtM C — The Technical Proposal. Exhibit D The Financial Proposal 13 A PORFP may ape* trams in addition to the tmw spurred herein, Mulling wanwtias, deliverables, and acceptance test Mph==*. PORFPs, PM and Rye BPOs wary► not limit the StaWs d&ts as provided by law, in this Conftd, or in the RFP and may not change the temp of, or convict with, this Contract or any of its Exhibits. 3. Polka of Performance 3.1. The CanUM "be fora period of 12 years bogiaaing hdy S, 2016 and ending onNoveaber 14, 202L 3.2. 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A= j Jots 44ft. A= a l=AwJ } `Asd �I A�d4i� d lei BdAa$ egos � 1zspsa3t� m/Pa3 �� tis Pag eaal4 gam 4nd PEA Sns wM%&o m sa4aPbulbas slM os@Wmso magi a�Cni�O�B�i��/Pag�►�AsPas�� ni Paa�oP ss suo�s $.� s=p � �'a�� aa�i�P� aloe s�a�gg aqt al ` = MqVp4pm=M'Awd pippAn teal& mpmW jo 030 ddmp 4aaMPVPa04=WIAs*=AUm. aA92W Oam xlpm Sipp qqp =WPM= nl W.W= 30 ash 0# 8aOnsmas= a343Pasp MRS aAXg ==A UM (9).*M asp aq�oo0a� psa a3gIS a�9��)��la� � � a4�Pl�m a�dnid�u ` a4 agPi�3l� P AiR�'� a4a�S aq; m s0 `piai � A1d I Aid P�i,L Arse � d MWA WS pammoamq �II Pig �AsloP► ��aPg�4 46P �ti'S 3o>P� B � I� A� PAR � �inls min sgt aI4M&P.UAUMPD apa4 AIMPU ma wpm U.p apm graff I g, I n=P aRAMMI 9M.P.Mi-od wq SwawwJ3i lag, 38 0915 =.Q=j OasgeP= 0108 sums MCI P its suboo s under this Contract (a) tangible property damage, bodily injdry and death, to the extent caused by or contributed to by Contractor or its sum and (b) fraud or wilts misconduct of Contractor or its sobcontrectmL Such indanurificatioa snail include aU related defense costs and expenses ait ilwolable to the claims of third partie4 including, but not limited to. reasmble attarnays' fees ad costa of investigation, litigation, settlemeeat, judgtrt . iater+est and penalties. 62 Upon die State's request of indemnification under Section S at 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 won with the deft ae our aattlera mt of the claim, at Contractor's eocpease; and (b) be entitled to participate in the dellmse of the claim, at its own expeume. 6.3. The State has zo obligation to, provide legal counsel at defense to the Contractor or its subtx}atractaars in the event that a snit, claim or action ofany character is brought by any person not pasty to this Coutraat against the Contractor or its sul ntractors as a result of a relating to the Coatrai toes obligations trader ties Cantrut. 6.4. The Strata has no obligation for the payment of any judgements or the settlement of any claims against the Conte or its subcontractors as a result of or relating to the Contradds ebligadm Under this Cow. 0.. To the eoctmatpermmitted by applicable law, the Contractor Ad immediately notify the Officer of any claim or suit made or filed against the Contractor or its anboa0 atoss r prft any matter resulting fr+cum or relating to the CAntactaft obligations under the Cann=% and wM cooperatk assist, and consult. with the State in the defearse or inv th oa of any third party claim, snit; or action made or Sled against the State as a result of or relating to the C;onftotoes gedarmance under this Contract. 6.6. This Scoff n 6 shall survive cq6stion or termination of this Contract. 7. Idzffitatlmaa of l.#ebility Cautractor simllbe liable for any loss or damage to the State occasioned by Ste acts or omissions of Contaactor, its subcoatractoss, agents or employees, including but not limited to personal idy; physical loin or violations of the pate *- Copyrights, lntelleatwd ftgmtty sections of this Contract; as follows: 7.1. For infringement of patents, trademarks, trade secrets and copyrights as provided in Section S ("Patents, C.opyrigbts, Intellectual Property'I ofthis Contract; 7Z Without Iimitahm for damages for bodily iutjury (mcluding death) and damage to real pResty and tangible personal property; and 7.3. For all other cmiams, damages, lass, costa, excpenses, eats, or actions in any way related to this Contract when liability is not othewise at forth as be -mg "wit tod limitation." and regardless of the basis on which the claim is made, ContracWs liability doU not exceed one (1) dmte the tote) amount of the PORFP out of which the claim apses; provided however, the State may, in its sole discretion, decrease the ceiling established bereunder in any PORFP issued pursuant to this RFP. ThirdWW claims arising under Section 6 elkemnification`) of this Contract are inchuled in this limitation of liability only if the State is innoune from liability. Contractor's liability ft ddrd-party claims arising under Section 6 of this Contract shall be unlimited if the State is not immune fm m liability for claims arising under Section 6. 7.4. Inno event shall the existence of a subcontract operate to release or reduce the liability of Contractor her+eander. For purposes of this Contract, CoDractor agrees 3F ' 49 that all Subcoubactors shall be held to be agents of Contractor. & PaYjRP qr I I M finb B.I. if the Contractor widhaiwhds paymut of anuad1gRMd amo=to its subcoa 9 the State, at its option and in its sole dbaition, way take an ar mme of the fcH wW actions: (a) Not process ftdi ar payments to Ow CauftudcruntU paymaat to the mar is verified; (b) Sid all or some of the Contract work withoat affecting the completion date(s) for the conuactwoft (a) Pay at emm payment of the uadbputod amoamtto the act c otractor fiom monies otherwise due or that may beco= due to the Cam; - (d) Place a payment fbr an mideputed umaM in an hwesAmIng avow (a) Daf b Coubactor fir tid hm to pu%= inaccosdo=vd a dra requinment to promptly Pay subaratr8ctora; or (fl Telco other or norther actions as apgrapdatc to resolve tb withheld paymeaL (a) Affect to rights of the codraft parties wader any► othar provision of law; (b) Be used as evidence an the merits ofa dlfa between the DepuftentoarReq=ft Agency and die Coubactar in say other proceediM or (a) Rawl in Iiabft agaiarst or w to of the Dape=ent or Regmft Agency. BA Tlra=N dies cmmcmted above are m as tolimas providedunderCQMAR 21.11.03.13 with respeCt to that have mbse edptasasatto the Miw* BuMprise pmS . 9. RislcofLosa; Tmuh rduft Risk oaf ions for coafamning supplies, equipmW and mated als specified as deliverabhai to the State hicunder"r=si,.vi&&c C,aam�dmrmatil d w supplies, fit, materials and odw dafivembles are nw ved and mopted by the Steto. Title of an such deliverables passes to the State � accepfaIIce by the ' A somleco"Buraw Source CodaEscrow is not required for this Coftem IL Lou of Data In-" evcot of im of any Sato data or recoub whmmich bw is doe to ttm intoationel act, omiasian, or negligem of the Contractor at any of its subcearbI - � ms or agents, the Contractor shall be tunable for r ucatarg su h lost data in the manner and on rho sdbednte set by gm Contract Managar. The Contractor d aII eaaure that all data is backed up and is recoverable by the Coatrsctor. In accordance wiffi pr ailing hdorsl or state law or regulations. tie Mosdar shall report the loss tZ 3 50 of non-public data as directed in Section 16.17. li MseMM the Contractor shall not aft (ar permit any third party to affic)6 without the Department or Rapesdag Agency's consent, any restrictive mares upon any Work Product and if such mar&iags are aced, tine Dqmtmw or Requesting Agency shall have the right at any time to modify, nvwve, obliterate, or ignore such wamings. M . Bmdedve Use and Ownerabtp Canes dM not umk sell, sub-leask assiM Siva, orotherwise umsfar to any third party any other information or material provided to Conbutor by the Daps umw orRequading Agency or developed by Contract relating to the Cantu% except that Caaat dwmay provide said i &nnatiaru to any of its ofiicem employees and saboantr$ctars who Caatraator requires to bave said information for fiui Mment of CemiracWs obligations ham. Each offWar, a mployce and/or subc� I - Ac� to whom any of the Dgmtmad or Requesting Agency's confide"information is to be dischwad shall be advised by Contractor ofand bound by the oauffdeedalk and intelle ctwdprapeaty terms of this Cmttrutot ' 14. Nodandw of regal Requests The Contractor shall contact the State upon receipt of any a lectr+onio diswvery, litigation holds disoavety scardhes and expert testimonies related to the StaWs 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 net respond to subpoenas, service ofproeess and other Iegal requests related to the State without first notifying the State:, unless prohibited by law from psmrid4 sixth notice. M Effed of Conhuctor Ban"tr y All rights and licences granted by the Contractor under this Contract are add shah be deemed to be rights and licenses to `intallectual property," and the subjW matter of this Contract, including services is and shall be deemed to be "adk dWents of hMI cnW propel►" for purposes ofand as such germs amused and interpreted under J 365(n) of the United States Bankmptcy Code ("Code") (11 U.S.C. 3 365(n) (2010)). The State has the right to a anise'all rights and elections under the Conde and all either applicable banlm4tcy, insolvency and similar laws with respect to this Contract (including all ececuitaay statement of wotbs). Vdkout limiting the genaadity of the foregoing, if the Contractor or its estate becomes subject to any bankruptcy or siaiilsr proceeding: (a) subject to the Ststa's rights of election, all rights and licenses granted to the State under this Contract shall continua subject to the respective terms and conditions of this Contras and (b) the state shall be entitled to a complete duplicate of (or completes to, as appropriate) all such intellectual property and ambodimects ofintdle chW property, and the wasp, ifnot alicady in the Slate's possession, shall be promptly delivered to the Stag, unless the Conwetor clads to and does in fact oozdm to perfoma all of its obligdions under this Contract. 16. Conf>�lentledlty Subject: to the Maryland Public bf'armation Act and any other applicable lave, all confidential or propaiedazy inforaaathm and doaiuieatatieun relating to eitherpssty ('including without llmitedon, any information or data stored within the Cantrect or's computer systems) shall be held in absolute confidence by tha other party. Bach party shall, however, be permitted to disclose relevant eca8deadal ban nation to its officers, agents and employees to the extent that suh discloswe is necessary fbr rim pesrtbrmance of their duties under this Contract, provided the data may be collected, used, disclosed, shmA and disseminated only as pr+avided by and consistent with the law. The 3' 51 13 irk othia sotica WWU aot$ppy mfon that (a) is IntAW in thepub1 domain; (b) Hbi ia► �Y �t1..py viQtatloa of tl:ls C;antrs (c�was . • e�h+e$d� ip tha'posbai � •athmd.P�ty�wf�yia on.�1�,ally pedtmitDedtb r t�1o�e tits' o� ar (e� whiQh sum party i8 requiic+�fo �byiaw. T�,4,t�l �� o�the Cow. ]�. PAYeit.ColAp w GPN*ft PROEM "afdl i lmam" am as ittied ��anntimeioRtiaee iu ahjt aitd all eMiblfst# ste abw �'mi~y btame' ipo sud'a obis of na�d�at%a► oruy > at w4wafaanoan�o t oe i atul~�es. any rcat`� �bs�e to reffiMVp n�re t 'oo� Zvi trgpovalOHIO VAIM � !arm in�solrra�a'bsahibesal�ec�te• . . 0 9e say claims acrid snit - $• - , maybec.�aamedass g�.j►, Fitts �� Ate. Un s c , @tc Qaw' d Tsai and Co o-T=w ®d mntd endwMaotbaret" 18:x. Pt+e�g lbaccor&m with � of�et �i� Of Stt{teFsta � I t Arfidbi A=Aftd lie of,MgtIhiA the t�eg ian s kf+�rtp iq 2�i CQ t of ' Matylaad &Pal fatioas (COMM21) in eneat on the dde-dwowim of `thy fsgam 6letothis.Cc�t. lax bhT*ud L&viPrwwb bgeooatcsvadh.reted, sud ag bot�alaws of dCe $retie acf►1snc1:Ca}3►d t�omrormatiaa�ctiansA,c�(ereial I A i 1 e 1 a�the Ghda a �dsas ncR ins Co bw4 the eay Bemire der: Any wd AU to the A=OW 900 6fA"bW g t be coa ued tD i+ msndr •A+IuitlIM Coatrmow C Von Appr3prldtlbm� 4 ' Asly tq•�.atif ai+'cagtatitafi ctsuihIIedce%�fisQal pd�do� �o,thefust • frscal d, Oontr Ct shall be caa Ind attldv 3t wlly a$ Qf ft i * i bytt.fititsat year' wi�Ch i w.maaet 8��priatisd ar atheacvvis� t�aa�� pr+ovho.�ever, • 'tbst tLls v►i�l aat•affiect eiihea the � theCo�ractiotssi mtdpc eay t�aa o�se xi this Contrsck �e effiact�f {�maaisattan of Ehs h wiU tte tid d:sabz a poffi the attar and &2tsta vof igbnd Snm*Ww -of the Q batIt$teirx u 91AM is exb& at&e time of ten. The ( atat, 11 bad i'tltl asoaable value of mwnaaa+eamin6 costs hmmred t not agar ed in tha V*wgf the Compt The S* the Ccutraotw as.som as t2 e. dads ='Atbe avast" ft he -it i -* of"Co tbr ea6h Wc*ftfsWjm4odbatedtheha 3of 14 52 M. Cost and Price Cerdilwtion The Contractor, bysubmkdm cost or price inft moron eerarm that, to *abed of its knowledge, the information aftnitted is accusa% cwpleter, and curmat as of a muwany spy date prior to the cond usion of any price damns arsons. Tlta price Under this Contract Cmohcdw_g.any POJ and any a hmp order or modin en �, includingPM& or fee, aball be a4usted to exetuda any sip cant price increases occurring because the Contractor fbmWW cost or price information which, as of the date agmed upon between the parties, was inaccurate, incomplete, or not emreat. 1S.S. Contract Moetfons The Pxoane Mt, Ofter may, at any time, by written order, make charges in the work within the ®eaeral scope OHM Contract or a PO. No other order, statement or conduct of the Pr+oanremeai Officer or any other person shall be treated as a clmago or entitle the Contractor to an egailable adjustiarent wnkr this section. Bxcept as odawise provided in this Contract; if any change under this section causes an increase or decrease In the Cis cost o4 or 60 time required for, the palbunam ofany part of the work, an equitable adjustment in the Contract: price shall be Hauls and the Contract modified in writing accordingly. Pursuant to COMAR 21.10.04, the Contactor must assert in writing its right to an adjustmeat under this section and dwH include a written statame d selling faith the ramie and cost of such claim. No claim by to Contractor shall be aQowed if asserted after fim d payment under this Contract Failure to agm to an adjustment under this section shall be a dispute under Section 1&S, Disputes. Nothing in this section shall excuse the Contractor from proceeding with the Contract as changed. IL6. Teradnatlon fbr Default If fire Contractor f u% to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, the State may Wminate do Contract by wri m notice to the Contractor. no notice wou specify tho acts or omissions Idw won as cam for terognatioo. All finished oruafnisbesd work provided by the Contractorsball, at the Slate's option, becom the StaWs property. The State ofMmyhrnd shall pay the Contractor • fair and equitable capon for satisidory paformance prior to rweipt of notice of tern bwdon, less the amount of damages caused by the CeantrsctmIs breach. If the damses are ra than the coon pagable to the Contraatar, lire Conlractar will remain table after won and the State canaIrmnadve ly collect dernews. Tamination hereunder, including ft termination of the rigbts and obligations of Cite parties, shall be governed by the provisions of COMAR 21.07.01.11 S. ]5.7. Termination for Conventence The of work under this Contract may be terminated by the State in accordance with ibis clause in whole, or from time to time in part, whenever the State shall determine that such t on is in the best hftvd ofthe State. Tke State will pay aU reasonable coals associated with this Contract that the ConWdor has Incurred up to tics date of termination, and all nmuable costs associated with teanmation of the Contract However, the Contractor shall not be reimbursed for any aaticipatmy profds that have not ben up to the date of ie�maiaation. Termination hereunder, incluft the detennination of the rights and obligations of the parties, shall be govemed by the provisions of COMM. 21.07.01.12A(2). lea Disputes This Contract shall be subject to the provisions ofM 15, SuMble 2, of the State France 3^ is 53 and Procumment Article of 9w Annotated Code dlft land, as from bmto time aid, and COMAR 21.10 Give gad Civil Remedies). Pondiag ssdution ofa claim, the Caatradw d all PxOW "goatlywith t 0 Pabam a of** Cont" in accordance with the Ohs decisioa Unless a pmiod is p�o�vided by slicable statuoo, re9waft- or riteCaattw% theCyrnmstfba wt}can natimof obtitn a the ftwmamad Gfikw within30 &p aver ftbads for the cWm Is ]mown orshauMlm bean known, whicbemer is car8er. rane(n* wi& or within 30 days of the Sling of a notice ofdaim, butuo ksw d=the dais of&d gaymentunder dwConuut, the Caubactar must MdMa to the Pnema went Officer its wtittan claim cmbhft the Infonm ian specif ed in COMAR 21.10.04.02. 18,9. Livingwage Na Colorsubjectto thoLivingWage law fails to submit ailrecords mia-hedwider CMIAR 21.11.10.05 to the Qomfl d9dones ofLaborand lndutty atdoDg rmaent ofLabor, Lic=ft=dRqp&dbm.&eDqmftuaaReqmwftAgmwmay.wUftMpqmeatof say invoice artie. theDgm usentorRagauft Agwey may nWdw oerti&Aon fr= dw Cammisdow on a gmftdly basis tbatvoh records were properly submitted. 1&10. Non-Bkft Of BM&YM No ofiWd of asp by= of the State of Matylend, as Mned under Genesd Provirians At&k §5-101„ mwtated Cade ofMaryland, whose dudes as ouch officM or employee include matters of tbis Cobat; slmU dazing the •pend�ayand tezmoft& Coubact and vWc mvingas ao officM air employee ofthe State becmm ar be an employee of the Canbactm orany antity that is a sti r on tbis COMM 1811. Nendlacrlmleation In Ftnplaymeat The Cantaftr ag= f e) not to dbadmbmts to awj mammy aphmt an employee or applbant for avlaymintbmwe of rase, color, rdigian, aree4 age, sex, marital adtik naticmal arigio, saacaal aeon, sexaal Mantiiy, sa+oestty, ar �y of a qual�d petgaa with a dbaWby, sw d oficakdan, or any cd otaisc aaInvAd un of chmadw ' ' ' (b) to : inch de a provision dmilarto tbataantaiaed is snbsec ion (a), above, in any underlying sum except a act for dandard con:mwcM sapp8cs or mw m=ift and (a) to podaud to cause snboawado— to pasting p avWW& m empbyees and qvHcanw for -. -as notices setting forth the subskma of this dam 1812. Comtaerdatl No"her minatlan 18.12.1. As a conffldw of hAD wS Contcs4 Coat<acw and warrants that it will oampiy with the Stab% CammetrM Al ngdan Pa q, as desan'bed under7fft 19 ofthe Stair Finance awl ProcutmeatAmide of dm Aur vIMd Code ofMarl►1snd. Aspattaf wh cmvp isaca, Cantactor may not dbcrimaitmta as fire basis of me% color, re kft% aaeostty, national arlgia, sea, age, marital stouts, seemed aeon, smmd idtntity, disability, or other tmlawfd forms of disaimbmtion in des � a�octina, hiring, areattoaeadal tre$>'ymeatafsnboo�aftsdoas, vaedats. sugpyC M or eamtnorcW ctfomu% nor shard Cont rsotar retelift against any peasam for rapaartlogiastanoes ofMwh Hobos. CanbscWda provide equal opgmtm y far agboomradar% vondoss, o"n"Umto Ruffioipaw in an of its pubho seam sad prlvde sedan sebooatracti�g and supply o aid; E6 provided that tads deuse does sot prohibit or limit lawihl efforts to remedy to cifew of ma tplsce disetimi Ikm tbathave ec=nd or are awm ing in the mwkdpkm 4^' 16 54 Caautractor undemtends brat a material violation ofthis clause shall be considered a material breach of this Agreement and may result in termination of this Contract, disqudiflcation ofContrectmr Loam participating in State contacts, or otwr sanctions. This clause is riot amble by or for the benefit of, and creates no obligation to, any third ply. 18.12.1 As a condition of entering into this Contract, upon the request of the CommWon on Civil Rights, and only after the I ling ofa, complaint against Contractor under Tic 19 of the State Fiance, and Procurement Article of rho Annotated Cade of Marylwd, as amended from time to time, Contractor agues to provide within 60 days after the • request a complete ratofthe maws ofall sobconftacWe.veadors, and suppliers that Conhator has used in the past four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each m6cenum or supply contract. Contractor hwdw agrees to eaope at$ in any fiftStipfilM conducted by ft State pursuant to the States C:ommeacial Nondiimi ration Policy as set forth under Title 19 of the State Finance and Prot Article of the Anstatated Coda of Maryland, and to provide any duets relevant to any investigation dr$t are requested by the State. Contractor understands that violation of this clause is a material breach of this Contact and may result in Contract h nmination, dhVie ification by the State from ps' —"- ina in State contracts, and other sancions. 13M. Srebcoabracting sad Agent The Coartrector may not subcontract any portion of the prodders or services provided under this Contract without &WoMg the prior written approval of *e Pracuar:nmt Officer, nor may the Contractor assign this Contract or any of its dgbts or obligations hereunder, without the prior written approval of the States Any such approvals shall be at rho State's sole and absolute discxetiaa. Any such subcontract o: assigaanermt shalt include the femme of this Contract and my other terms andeonditions that the Stem dreams wry to protoct its imteresL U Stabs shall not be responsible for the fidfillsaw of the Contractor's obUgadons to any subaaatractars. - 114. Minoft BUSIMM Snt+nrpdW Partldpa W 18.14.1. Establishment of MW and Subgoals. MBE itctorpastich atisom Beal andsubgoals heave been established forthis pmsresnaut as dwcnl d in section 1.24 of the RFP. 18.14.2. Liquidated Damages 18.142-1. This Contra expires the Contractor to make good faith efforts to comply with ulna MBE Program and Contract povssioas: The State and the Contractor acltaowh,odge and epw that the State wiU incur damages, including but not limited to loss of gaodwiill, detrimental impact on economic development; and diversion of intanal A 11 ffresources, if the Contractor does not make good Maith 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 isult of such lack of compliamce are difficult to ascerWa with precision. 19.14.2.2. Therefore, upon a detemmination by the State that the Contractor fatted to make goad faith efiarts to comply with one or more of the specif ed MBE Prot= requirements or Contract provisions, the Contractor agrees to pay liquidated 17 4-1 ' 55 damages to the Steto d dto mtes sat fttb below. IU ply Bgt+Ce$ that tB State may wiftold payment on any invoices as a doff against owed. 7bai er asoCB tmt for cub specified dwagreedupon 1hpidodasor *p=f=bto*e loss the State is andakwed to b= as a result of aucb viobdom i. Failmto wbmft each noaatblypqmaat mWd in fillcomoil wide CQMAR21.11.03.13B (3): POM Ind por day uodl the monibly reportis submitted as required. ii. FaRm to hwbnlo in its agumeaft with WBE subs wftctta a p wAsion rig subWsft ofpgmont nWM in fall compiiacce with COMA831.11.03.138 (4}; pori�E saboo�Ctar. HL Faftm Oo comply with OQMAR 21.11.03.12 in temaboodng. cmaceliug, orebauging ftscapo ofwIMPTah", of a comktwithan MBE sgtcor and/or amad of the MBB partioipdtion schcdute: the dli om bftumthedo&rvda ofthoMBEpm cn I' M- itmed on theMHBpuddpadon s ibrthat cMBE fmnand the da Jim do of die wadcpatftmed by thatMBE ibm for the con mct. 18.14.3. MHEPVcMPPayRmpImmm* 18.143.1. lb eAstae oompiis�e rvtth oerii$edMBE cipadicip8tcaa SOsIs, the Mpubnent orAgmqYIDay, consbWd with COMM 21.11.03.13, take the f+ollowiugmeamm A) Va* that the caffiedMM listed int o MBE p aWpadon Bch ttle sctusltlr are pet€ormhtg work and receiving campadaa �fi � in the pattioigation schedule This ve�csdOn may (1) ftpcc mg my relevant records afthe C.amtzarbr, (2) die* and (3) lute WCwing auhcaahactaas aad wosmm ('4) Vaiffadim shad include a review at: (a) Tine CaatrecWs monft rgMt listing impaid invoices over 30 days olditm oatitled ME sczicaabutwo and the t+msoa time' aagpay.= ; and 18 4 56 (b) The monthly report of each certified MBE sabaontractor, which lists payments recce ved from the Contractor in the preceding 30 days and invoim for which the suIF-M-M hasmtbem paid B) [f the Depar iment or Ag=W des that flue Contractor is not in compliance witb certified NBE participation goals, then the Department a Agency will notify die Contractor in writing of its findfags, and will r phe the Contractor to take appropriate connective action. Corrective action may include, but is not limited to, requiring the Contactorto compensate the MBE for work perEmmed 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 refisses or fails to take the corrective action that the Dqwtment or Agien cy then the Department cc Agenq may. (1) Terminate the Contract; (2) ReEw am matter to the Office: of the Attorney General for appropriate action; or (3) lnidate any other specific nmady identified by this . Coatraot. 18.14.3.2. Upemeampletion of tits centred, but before final payment or release of retainage or both, the Contracta shall submit a final report; in afdevit foam under the penalty of pajury, of all payments made to, or withheld from MBE snboxatraotors. IMS. lasaratue Regerbm=ts The Contractor shall maintain wogs' cmmgeasation coverage, property ad casualty and any, other inmuanee as raphe d in the REP. The minimum limits ofamhpolicies must meet • any uUMMIm reguiirm is established by law and the limits of insurance required by the RFP, and shall cover losses resulting f m or arising out of C.aatr avow action or inaction in the performance of services under the Contract by the Contracwt its agents, servants, • eavloyces or snbeattraetara Effective no later than the date of a wcution of the Contract, and comrdmbg fbr the duration of the Cm=ct tame, and any applicable renewal periods, the Contractor shall maintain snch b uraace coverage and shall report such insurance: annolly or upon Contract renewal, whichever is earlier, to the Procaremeat Offka. The Contractor is required to notify the Proctuement Officer in writing, if polities an cancelled or not renewed S days ofiearning Qf sac6 cancellation andlor nonrenenwal. Certif talm of insurance evidencing this coverage sball be provided within five (5) days of notice of r+exomnended award. All iastuanee policies shall be issued by a company properly authadzed too do business in as State of Maryland. The State shau be named as an additional named insured on the property and cam► p Rory and as required in the RM W6. Vetursn Owned Small Buda eas Enteerpdn Partlelpatloa Thae is no VSBE su ctor participation goal for this pro mment. ILL Serenity R,egalrements and Ynddent Response The Cm*ackw ag = to abide by all applicable federal, State and local laws concerning � 4 9 57 iAfarA tioaseausiiy and caaaplywith Cornet Side and Departimaat oflnbuction Tahud4w inflamaetim M=fify poky, 3► f and at • Coatraator shall limit access to atdpomsdon of She Data to Daly mployees wham PolonmVidesnasondbily rieqWC smh actew or poweWon card shall pain mah CMPlOYM on the Confidentiality obliSathm satfodb he:ein. This Secd=18 shall mrvhre aphstias or tenmin don of this Colima 1&1& &UPMIAn of Work The Finanaont OM=uoibtarallymay or&dLe Cenasmtor is writingto mspeaad. delay, or intessgpt allor any past of its parEmmumfirsuchparlod of ties as the Procmemeot Officer may deurmiao to be apprapsiate for lice convWence of the State. im Nowhad Aecea0ft I Warranty .18.19.1. The Conbactor warrants that the mfamation technology to be provided under the CantsSct+ ' (a) provides eWvaloat access for eve use by both visual and non visual (b) will Pint b&zmation,including prompts used for Wand" came, infaarmaI h tendedfce both visual andnanvhwd use; (c) ifiatmWodforuae in ndwad6 can be integfrated into netwmds forte ntrievin& and dmemiaating fn&mzfi=usWby iachvidnals whom not blind orvisudly hopabi4 and (� is aavatgable, whamo m pmmVoy witha>Ent nmadificztim far ca, ah'btiity with Software and handwm for noa-ORW aas3:sa. 18.19.2. The Caatracw fin rfha waQents that the cast, if way, off the inin ation teUelogy for cosnpatt'b0ity with Software and hardware used for non -visual access does not the cost of tle b hunatma technology by mom than fivepercent: Forpmpom af&is Oanifzact thepbsase °ephilentaccese" the abOyto roce m.um and atia won and operate caastsols neoessery to access and use iubmHo tedmalogy by nu"bW nsssns. Bnmgles ofegaivalent amew lac O& looybowd caatt018 used for i9d and qWm&ed speech, Bsailles or other amble oar tactile mom aced foroutput, IL21L Coatpli mw wlm LawdAnwnragea Tice CoaotacWh=by n+ep aawanwu that: 18.20.1 W8 qualified to do budnew in the State of M aryland and that it will talcs much action as, Am tims to time hmudler, maybe nooassasy to lectern so qqdift 18.20.2. It is not in wMaM withnqecttothe ga mentofanymonios due and owing the State aff hInyl and, or any dot or unit dwe: t; isacluding but not Malted to the payment oftsmes and employee bents, and that it sbeU not become so in anum dining do team ofdis Caauw# 18.20.3. It"comply with an fedaal, state and Zeal laws, rcgulasoz% and o awmces RVHc8b2a to its activities and obliptioas under this Canhict; and, 18.20.4. It shall obtain, at its agmse, all Hcown, permits, ink and govermaental apAsovaai96 if say, neoe mm to the geftmance of its obligations wider this Coatsuct. 4,' 20 58 A21. Comet yee prommdon The COnMOW warrants that it has notemployed or retained nay p partnethip• corporation. or other entity, other than a bona fide employee or bona fide agent working for the Contractor to solicit or same this Contract, and that it has not paid or agreed to pay any person, pwtnwshq% corporation or odw entity, other Hraa a boas fide employee at bona fide agent; any fee or other consideration contingent on the arming of this Contract: 1M DesUr and Ezteaskm of Time IU Contractor agrees to psrfana this Contract continuously and Mgendy. No charges or claims for damages shall be made by the Contactor for any delays at hhWhaces from any cause whatmm dundog the progress of aqy portion of the waric specified in this Contract. Thai extensions will be granted only for excusable delays that arise henna unfoteseeable causes beyond do control aid without the fault or negligmm of the Contraexor, including but not restricted to ads ofGaA acts of the public enemy, acts of to State in either its sovereign or conttactuaE capacity, ads of another contractor in the pale of a contract with the Staffer fas, Bond% epidemics, quarantine restrictions, striikes, fretghtembawgoes„ or delays of suubcoatame.ars or suppliam arising fiom unfaaeseeable causes beyond the control and without the fault or uegiigeace of eetha the Contractor or the subcontractors or suppliers. 18.23. Fhum da! IIlsdo me The Contractor shall comply with the provisions of §13-221 of the Sate Finance and Pmomement Article of the Annotated Cow of Ma yW4 which requires that every business that caters into acts, leases, or other agreements with the State of Marylaud or its e dtniig a calendar year unft whiob the business 18 to receive in the aggmgW $100.000 ornate, shall, within 30 days of the time when the aggregate value of these ca trac U6 leases or other agrees reaches $100,000, fife with the Secretary of State of Mgsyland certain gxAfted information to include diaclostme ofbeneficW owne:sWp of the business. M24. PaUtleal Cootributioa DiClosire The Coatzor shaall comply with the provisions of Md. Code Ann., Election Law Article, Tific 14, which requires that every person that ewers into a contract for proco renuo with the State, a county or a municipal corporation or other political subdivision of lice States daring a calendar year in which the person receives a contract with a governmental entity in the aggtregno $=,000 or more, slant file with the State Board of Elections statements eiisdoadig: (a) any coal made during the t+apift period to a candidee for elective office in mW prim► or genial election and (b) the name of each candidate to whom one or More coactnbutkm in a an nubdve amount of $500 or nonce 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, or other political wnbdivis M of the Stag, and shall cover the 24 months prim to when a owrtreet was awarded; and (2) if the co>atributiettn is made: after the a xe radon of a eontr,e ct. then twice a year, gout the contract team, on: O February 5, to cover the six-month period ending January 31; and (is) August S. to cover the six-month period ending July 3 t. Additional information is available on the State Board of Elections websitc httpJ/www eleWons.statae.md us/camgaigp fnaacelindet.htmL . M25. Releentton of Records and Audit 1t3.25.1. Mw Contractor and Subcontractors shall retain and ncamtaia all reeds and 4= ' 21 59 -aSaae mmoo pas Mwo tmaua I'M III PROW 061 �'i PB�oJ f� %►dlHi 9m 4WD WJO =.WM. mm ra =Iwild= �� SZ'St S ALL '9'SZ'8L '�4nS ai► �� A �45Iimini I soJp�te eng � �S � av papi++o�d s�oieras sag a4 M MWAM m qml qM& aF wmumqm oRmnMog Wp oq,L S WSI PMAM'18'� m8 03 ioSp�tg . P mm oms swag a �g nardA�a P� AmA lS q s3e�doao �eqs sm agn�ognS�o/ vw8i pams�d s�Teras � aq p�� pmaa� has on►o s,S =s `iSdav � � P st►=Q*A9 JDMMM ftO GgJO psao Anew► =D a4 P Qq IIw QmS sRL as�upno►pumqpooad pmptqqaomqftw,p=A=abopo*alr pupqvwm3 tnag) i=emopm4mmm �Ap3�te" JD `� `�ftRAD �a rx"Mm"I" Amp= vopmdompommmop J= Ltd 8 ss seas vml m o spasm mtcgadca %m.q Am:w p==. p *pop.18 %ft. G*SM=WQMKL Z'SZ'8t dkwtion of the Contract Manager and, as appmpriatik the Portent Officer. All matters re la&g to the iaterpmtatioa of this Contract shall be refear+ed to the Peat Officer for detcrmir�ation. 19a Nooses All notices heramder shall be in writing and either delivered pmonaiiy or sent by caMW or wgiatind nm% posk8e prepaid as follows: If to the State: State of Marylaad Department ofInformation Technology 45 Calvert Street Aimapoli% MD 21401-1907 With a copy to: Gayle Mealy Dquitmcut of Information Technology (DoM 45 Calvert Shoot, Rm 424A Ammpclis, MD 21401-1907 Get -i +lealy@maryla Apv If to the Ga nutor. Atta: IN WITNESS THEREOF, the parties bave eumted this Contract as of the date hereanabove set ford. CONTRACTOR . gy: vompugnip Technologies, LLc -Mower a 06/21/16 1 Date watnem .1 DEPARTMENT OF INFORMATION TECENOLOGY iii- Albert G. B ock, Chief of Staff . 77 ZZ4� -h tvLlfj JAZVJ-/V Date Witaess 23 r Approved fw farm and legal efficiency ft day of v` 201(a. Asdou# Attw2" ' APM'VM BY ]DPW: �•Z. � mpw bm#) 401 24 ' .62 £9 5z v1� solm Se sli ,ro PMANIM jo Mms OT qp.a moomwan M*o .to tweal ` vmuoo am amoo mm ss qmq An" M wptb i goi.gm ` =jAj JO aPCO PM `IEZ-£i § #01oWd MMMODId Pas a=M j MS 3o mmotmoid mp ` la Sidum W& mu.mng anogs agt Pis jo ams aas i *ZVHJL PINiw II3H. uni i NIOLLdWHi W EMSO'IOSIQ ZMiVA M -J d :uaqumK QI p= QMK :se ratre�o m pdMo *Vjo SNPPB Pas amen OM IM 6OURvapt 4oa= p*notgexaZ Pas ssy3'o odsa MMS a* gllm mwjgm s paP3 seq It `ate open 8 xqmm ssamsnq mop:soo Pw :ssatppd :XXFMN a[�OP�K ! :sr mot;eYsy Pw %0mumV3o;=mMfQ smS sip qm PatB (S'IBdJIZddV it) mft UM= Wjo ssaW P= aum s.L '=AmZ Pw sloommomViO 3=uPvft SIMS Ptif-IqK ov Tim ` S�iI �q of ` I�►� qt3o its Pik seq i `P o a tage� ao wr a* tq (TIMrMV tII) iim PuiLmW o: qwq Su.qp'p pooS to st ssaatsnq aeo" aW 3,913 clu!g, I *A&rlPMAmW mpm paqubw a patjo6 so pamp!lu sr pas 'd OWPdwd DIOS E7 (5) C3 10 OPSMOP0—WL&WMW :�ialmJ D m oP O — d.opmaind (S) :nSPOW 0 JO 01 0 -A &Mduloo &men pwimin (z) fdtaio3 0 io oP CD — :(=t qq,*jift ) g 81 SAOqV Pmu muM oqL 'aVHL MWMV IfHKDxnd T NOLLVXVJL UMV SDMSSRSSd JO JIMUWdaa aLVJ S MU HJ M NtOLLVJ%II' Wnb'IO MOLLVT. MDU dO N[OIZVOIaLIED 'S o2m4as ate I q3.tqAL mj ssaarsnq sip 3o3I g ao 3Nvpg SPP a*m w 4Notpae Idlot mp ssascod I pw (4.4m mupttgjo mo) 3o angs;uasasdaa ins Afip Pn (opR) om-w ;o ="•M oT = X 3o oma) =Q `i *ice TnMMV AGRI H I AcXxaRane ro during acs1end year Which �e � is.� ►ve•�a tbn: � $lObb00 a� s�more to w*k 30 fts Qf the fimv0hqAfmWO8dDvahm of that conit ^ leases: gar other aeaats reaches $100,0a0, file wig t� ��f��t0 Qf�prs►l�d, ce�eia man to inalndh alos�ua ofbanefidd ownersbip.of the business. D. POfLT AL DONTRI MON DOCLOSURB AFFIItMATIQN • I PUR17JBR AFFIRM TH4T: I am aware of, and ths bovetudnoi wiff 40417. Wfb Mcgon Law *49tes Tip 14, AmqWd CWIWKawI04-whI&mpim ghat every pmm &at embers Into a conhact for a . proaureme#►twit�► the Sty. a�oonty, o; a�tni�s�tal to�ttioS, ox or�t►literal ta�iH�ipn of lhe, $ dm3ng a e year in WIM the pemen receives a contract willt a gavel ft adw- torf� orA is W *e a Boni o f -n- stwWatents (O•OAy made during ��pwkd to a � foXc: iv0 ! UOi610d4paw .. 4rgym ,eltsc Bawd (b}fie ne:of eat ► s�andMate to whm one -or more conin'btiffoas ias cu&uWm am bug of $500 ekwre wale usgde4ftg the 3'lte•at;t'8b lsef led with th, $tate+d ofm Q befor+eaeacerartiou bf a conb$db,�ySe SWe6 aconnt a� r ica� solid'n�i�.of e Sty ad 00vet -24 WAdw PdQr W Om a.conbvAwas mmded; and (b) iftl#e ! c�tr!M96 of t tha.w*bBOA of a aitrag•ft r : a year, 8ii+ou oi�tt.the tract = tee, mr f i�ptY,� der the tratiDwimthpidod ead'mg;Jaoary 3I; dad (ii� �iuguat S, �3,d i�da8 �� 31. A�diti�ual spa i$ available oa tb�e bv8bsit+e; httn�l/.v�vvareie�tio�.stabe:�naal.us/c ��i�4.�inanceJind�x.h n�a . R- ORMAN �iI +OL B'WORKP1,ACB (AWliOWO—too all cow acts ubm tiie cgntract ie for a law ea6rcement agency and the Mocy hesd•ca�the he's has ! c3►' hrib+a8 that �ft Qf C:OMR21.i1.Q8 and iifls certifii tiw would be —te in co mect� with the law fe at agenclr's i dwamy THAT; (1) Tftm dOfmad in C OWR 21.11.4)$ sW hgve the m me meanings when used in this cation (2) BysAmbdonof iteBid/fropog4 the b , if gdW than an.�nc�ipitY 4 certif qs and MTw that, with respW to fis employees to be employed m du a contractr d&g five this iohoi�ou, dze bus s$b alL (a} MahAds a viadgft a frm of Brag and alcohol abuse daring the team of the oontre4 (bJ Poblisisa stabanteat i�riog its employes flint dte unlswfiil cture, distrra HOZ6 d#spmsin.g pommdoiy cruse ofdrpg% and'Ow abue of drags of 91whol isp0b blted in the Z6 5 64 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 Ire business knows, or in the exercise of due diiligeace should know, currently abuses drugs or alcohol and is not actively engaged in a bona Ado drug or alcohol abuse assistance or rehabilitation program; (e) Promptly inform the appropriate law eofarcement agency of every drug -related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable infonnatiarn that a violation has occurred; (t) EstabM drug and alcohol abuse awarmm programs to inform its employees about: (i) Tie dangers of drag and alcohol abase in the workplace; (ii) The bps policy of maintaining a drag and alcohol free workplace; (iir) Any available drag and alcohol counseling, rehabilitation, and emplaym assistance proand (iv) The penalties that may be ink 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 requited by §E(2)(b), above, that as a condition of contmued employment on the contract, the employee shall: (i) Abide by the terms of the sm ment; and rQ Notify the employer of any criminal drug or alcohol abuse conviction for an offense omming in the workplace not later than 5 days aft a conviction; (Q Notify the procurement officer within 10 days aflrar receiving notice under §E(2)(hxii), above, or otherwise receiving actual notice of a conviction; 0) Wilhin 30 days after receiving notice under W2009 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 drag or alcohol abuse offense occurring in the workplace: (i) Take appropriate personnel action against an employee, up to and including termination; or (ji) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and 27 5.4 65 (k) Mab a pod fifth effort to mainitain a drug and alcohol fim worTtplace tinwgb In1pl nfatiOD of JB(ft}-- j above. (3) If the business is an individual, the kdividual d mU certify and agree as set forth in §B(4), below, that ft individual drat" not engage in dte mbwfk1 magag iacture, distn'bution, dispensing, powess=, or tie of drags or ffie abuse of dmp at alcohol in the perfon nance of the contras. (4) I edmovAedge and qpe dmt: . (a) Tire award of the conhact is coodifloaW upon coaaapliatoe w th COMAR 21.11.08 and lids aa: (b) 7U violation of the provisim of COMAR 21.11.09 or this cgs of cation shall be cause to suqmd payments under, or terminate the oontract for ddWt under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and (c) The violation of the prgrvmm of COMAR 21.11.08 ar this ceati0cadon in caaaecdon with the conass may, in do ease of tie dkcx+ dm of the Board of Public Warlo, result in suspension and dot of the busies under COMAR 21.08.03. F. CERTAIN AFFIRMAMM VALID I FURTHER AFFIRM THAT: To the best of my Im e, adon and belief; each of the a adonsy oenificadmM or ackaowleOgemeats oaatained in that certain BidiPropossl Affidavit dated `, 20 and amad by me for the pop= of obteiaing fire contmot to which this Exhibit is remains true and owrect in eU as ifmade as of die date ofthis C Affidavit and as if fully set f & hcrew. I DO SOLBI&4LY DBCUM AND AFFIRM UNM THE PENALMS OF PERMY TWAT T= CONTENTS OF 1= AFFIDAVIT MM TRUE AND CORREM TO THE BEST OF MY KNOWL EDOB, BNORNATION, AND BBLW Da: 06012016 By: hm Rezvcy (printed name of Aufharized R,epreseaatafive end Af md) ` (dgnstare of Auiboriaed Representative anti Affisut) 28 5' 66 Agency Contact Al Bullock (410) 260.6256 A1Bullock@mwy1=dgor Carla Mmpson (410) 260-6155 Carla Thompson a( warykwdgov 3-1T. DEPARTMENT OF NFORMATION TECHNOLOGY Contract ID: Hardware and Associated Equipment & Services (Hardware 2012) eMM Solicitation 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-10D Terns: 7/112016 — I l 24/2027 (11 years) Amount: $100,0009000 Procurement Method. Competitive Sealed Proposals Proposals: 66 proposals received MBEPW i*ation: 1% (Functional Area 1V only) Incumbent: 73 Master Contractors Remarks: Reference is made to DoIT Item 4-IT (11 / 14112) 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, DOIT 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 eMwylandMarketplace.com and on DoIT's website. An a -mail notice was delivered to all prospective offerors identified as capable of delivering the services in the State Minority Business Enterprise Directory. 29 �67 ; 3-rr. DX�P ANT OF WORMATION'JC19u�tGY(cont'd) Remarks: (cont'd) For this expansion window, DoiT received 66 proposals. DoIT 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 DoIT has received notification that they are either in good standing with SDAT or have registered to do business with the State. DoIT win return to the Board seeking approval for any additional awards.) - Through the expansion window, Doff 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 Braining 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 manufactu rer'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 fimcdonal 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 peon goal of 1% has been established for these Master Contracts by WIT 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 TECHNOILQEf (corlt'd) Remarks: (cont'd) Because the remaining term of this Hardware Master Contract is approximately 11+ years, the State will deceive 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. Doff Item 4-IT (1111412012) Board approved $35 million increase in ceiling. DoIT Item 2-1T MOD aol S/2014) Board approved $12 miUion increase in ceiling bringing total authorized Hardware Master Contracts to $104 million. Doff Item 41T--MOD [312312016] WIT recommends increasing the ceiling amount by $100 million. This amount was determined by using spend statistics over the past three years of the contract. NIT will provide additional expansion windows for this Master Contract every three years. DoIT 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: ApproA Code: Resident Badness: ICED Tyr 0 Various Various See Page 9D-10D See Page 913-1 OD BOARD OF PUBLIC WORKS THIS ITEM WAS: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION 31 5r 1 69 I 3-rr. D-EPAMOM of aaOORi ,,Ttox cHxo • GY ,(wnt* ) Companies recommended for Hardware 2012 Award . Itt • •MD Tax company Name 1 Com city State Badness Clearance Columbia MD Y 16-2158- 1 A&T Marbetim Inc / A&T Networks 0111 McLean VA N 16-2159- 2 • Advanced Computer Con 1110 Sterl{ag VA N 16-2160- 3 Al baSix Co ration 1110 Applied Network Consulting Croup, inc. Greenville SC N 16-2161- 4 AN 1001 Baltimore MD Y 16-2162- 5 Barcodinm Inc. 1111 Abingdon MD Y 16-2163- 6 Bogdan Computer Services, Inc. 1111 Reston VA N 16-2164- 7 1 Ca mbsoti Teftology Corporation 1010 . 16-2165- 8 CmreT LLC MD Y 1000 16-2166- 9 Ciber, Inc, Greenwood Vilho CO N 1011 16-2167- 10 Communications Eectropics, Inc. Timonium MD Y 1110 16-2168- 11 Commulp Tedmololdes, Doral FL N 0000 • 16-2169- 12 Computw Systems $ Inc. Miami FL N 0000 16-2170- 13 Continental Technolo ' Inc. Hunt Valley MD Y l t l 1 16-2171- 14 Datalink Corporation Eden Prairie MN N lilt 16-2172- iS Electronic Data Solutions, Inc. Baltimore MD Y 1111 16-2173- 16 EnNet Services, LLC Frederick MD Y 1111 J16-2174- 17 Erne Consul ' Inc. Eldersb MD Y 1111 1 16-217S- 1$ Insi Public Sector Inc. Tem AZ N 1111 16-2176- 19 InterclYm Inc. Hanover MD Y 1111 i6-2177- 20 1 Kratos-PSS San Diego CA N 1111 I 16-2178- 21 Kustom S' Inc. Lenexa I KS N 0111 32 r^ `70 Resident MD Tax Company Name Corp. city State Business Clearance 16-2179- 22 1 Lexmark InternationaL Inc. Lexington KY N 1111 16-2180- 23 MWk Tecbnology Pasadena MD Y 1111 16-2181- 24 MS Technologies Corporation Rockville MD Y • 1111 16-2182- 25 NEC Corpomflon of America hving TX N 1111 16-2183- 26 Network'Network*mg for Future Inc. WasWnMn DC N 1111 16-2184- 27 nnMNM Technolo 'es & Suppom 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 S3In tion Baltimore MD Y lilt 16-2188- 31 SCD information Technology Columbia MD Y 1011 16-2189- 32 SNAP Inc. chanfifly VA N 1111 16-2190- 33 Soft -Con Entmprises, Inc. Hyaffsvfllc MD Y 0111 16-2191- 34 Visionary Technolo Consultants Ma le Lawn MD Y 0111 16-2192- 35 1 Visual Sound/Kunz AV Broomall PA N 1111 57 33 7 DoIT 6D Supplement D Department of Information Technology ACTION AGENDA June 22, 2016 Agency Contact- Al Buffack (410) 260.6256 AI.BullocA@ww ylandgov Carla T&onpon (410) 260.615S Carh7f on@rarylmrdgov 3-IT. UIPARTNMENT OF INFORMATION TECHNOLOGY Contract ID: Hardware and Associated Equipment & Services (Hardware 2012) eMU Solicitation No.: MDF5031024526 ADPICS BPO No.: 060B2490022, CO075325 Con&aet 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: 7/1/2016 — I InA2027 (11 years) Amount: $1001,0001,000 Procurement Mdhod- Competitive Sealed Proposals Proposals: 66 proposals received MBEPbatpadon: I% (]Functional Area IN only) Incumbene 73 Master Contractors Rentarlrs: Reference is made to DoIT Item 4-IT (l 1/14/12) 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, Do1T issues an expansion window announcement every three years at which time: (1) new offerors may propose for inclusion on the Master Conrract; 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 DoiT'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. 5" 72 ' WIT 7D Supplement D Department of Information Technology ACTION AGENDA June 22, 2016 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) Remarks: (coma) For this expansion window, DofT received 66 proposals. Doff 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 Doff has received notification that they are either in good standing with SDAT or have registered to do business with the State. Doff will return to the Board seeking approval for any additional awards.) Through the expansion window, Dorf 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 — Manufitcturer'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.DoIT 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. 5P 1 73 DoIT 8D Supplement D Department Qf InforEnadon Technology ACTION AGENDA June22, 2016 3-IT. DEPARTNWANT OF IlV1g'()RMATION TECHNOIOGL(corit'd) Remarks: (cord') Because the remaining tens of this Hardwam 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 CongractsAmount: • l Board approved $57 million ceiling for. DoIT Item 4-ll (1111412012) Board approved $35 million increase in ceiling. D_ off Bem 2-IT-MOD (1011512014) Board approved $12 mullion increase in ceiling bringing total authorized Hardware Master Contracts to $104 million. Do1T Item 4-IT-MOD [312312016] DoIT recommends increasing the ceiling amount by $100 million. This amount was determined by using spend statistics over the past three years of the contract. DoIT will provide additional expansion windows for this Master Contract every three years. ' DoIT 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 Rsesbuw. See Page 9D-1 OD MD Tax Clearance: See Page 9D-1OD BOARD OF PUBLIC WORKS TffiS ITEM WAS: APPROVED DISAPPROVED . DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION F74 DoIT 9D Supplement D Department of Information Technology ACTION AGENDA June 22, 2016 3-ff. AII'ARTMEN'�OF WORIVI /ITION 'I'ECHNOLO Y- (cortt'd) Companies recommended for Hardware 2012 Award Resident MD Tax Cons Name com city State Business . (2earanee Columbia MD Y 16-2158- 1 A&T Marke ' Inc. / A&T Networks 0111 McLean VA N 16.2159- 2 Advanced CompAer Concepts 1 110 Stirling VA N - 16-2160- 3 Al haSix Corporation 1110 Applied Network Consulting Group, Inc. Greenville SC N 16-2161- 4 AN 1001 r 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 . Cmahsoft Tedmlogy Comration 1010 16-2165- a ! a=Tec LLC Hagerstown MD Y 1000 16-2166- 9 " Ciber. Inc. Greenwood Millage CO N 1011 . 16-2167- 10 Communications Electronics Inc. Timonium MD Y 1110 16-2168- 11 Commuip Technolo 'es Doral FL N 0000 16-2169- 12 Computer Systems Support, Inc. Miami FL N 0000 16-2170- 13 Continental Tecbnolo ' inc.(CI-1) Hunt VallSX MD Y 1111 16-2171- 14 1 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 Consul&g. Inc. Eldersburg MD Y 1111 16-2175- 18 Insiobt Public Sector Inc. Tempe AZ N 1111 16-2176- Interclypse, Inc. Hanover MD Y 1111 16-2177- 20 Kratos-PSS San Diego CA N 1111 16-2178- 10111 21 Kustom Signals, Inc. Lenexa KS N 61 1 75 DoIT IOD Supplement D Department of Information Tecbnology ACTION AGENDA June A 2016 Resident MD Tax • CommyName Corp. City State Business Marance 16-2179- 22 Lexma rk TaWmatio 1w. Le)dngon KY N 1111 16-2180- 2.3. MagdbyTechnol PasadM MD Y 1111 16-2181- Z4 MS Technologies es ration Rockville MD Y 1111 16-2182- U NEC CArponflonofAnmerica Irving TX N 1111 16-2183- Netwodft for ftture, Inc. Washinaton DC N 1111 16-2184- 27 NeMoMw Tedbnologles & SMM Inc. NGdiothim VA N 1111 ' 16-2185- . 28 Phillips Office Solutions 1Vfiddletown PA N 1111 • 16-2186- 29 Rondo Communications Tonawanda NY N 0110 ;,. 16-2187- S3late 'on Baltimore UD Y 1111 • 16-2188- 31 SCD Information Taftology Columbia MD Y 1011 ' 16-2189- 32 SNAP Imo. IUMMMY VA N 1111 ' 16-2190- 33 • Soft -Con Inc. H attsvilte MD Y 0111 16-2191- 34 VWSM Tecbnology ConsOmft le Lawn MD Y 0111 • 16-2192- 3S Visual Sound/Kuaz AV Broomall PA I N 11111 6" ' 76 ATTACHMENT B CONTRACT PRICE & Quotation STATE OF MARYLAND CONTRCT Na 060B2490022-2015 Thomas F. Pepe— 01-11-16 Pw 6 of 6 6-:1 77 IE Quotation: 24386.01 Compuquip Technologies LLC • • 2894 NW 79th Avenue, Dural, FL, 33122 Phonc:727423-1001-Fax$413-280-6742 1112116 Brad Reed (bmedQa compuquip.com) Agreement wit"111 to: Equipment locationlShlie to., City of South Marti City of South Miami Attu: Steven Kulick, C.P.M. Al m: Steven C.P.M. 6130 Sunset Drive ive 6130 Sunset Drive South Miami, FI 33143 South Mami, FI 33143 NOte: Price Includes enterprise customer discount Section 1-Check Point Manager, 5600 HAGafeways and EndPelnl with 3 years of support 1 CPAPSPA206 Check Point -Smarl-1 205 Appliance with Policy, Log and Event Security Management S 3,795.00 $ 3,795.00 for 5 Security Gateways 1 CBS-ENTSS- Chock Point -Enterprise Premium Support -includes,Software updates and direct 7z $ 2,639.25 S 2,63g25 PREMIUM 24 Phone support with a (30) minute response time for 3 years Check Point - 5600 Next Generation Threat Prevent!" & Sandfllast1e (NGTX) Appliance -Includes Firawall, WN, Advanced Networking and Clustering, Identity CPAPSG5600- Awareness, Mobile Access, gPS, Application Control, URL Filtering, AndSpam,Anll- 1 NGTX Virus and Anti-Bot, Threat Provantlon and Threat Extraction blades for Year l only). S 20,640.00 S 20,640.00 Network Policy Management, Logging and Status. - Test (LAB) Performance: 25 Gbps Firewall throughput (1518 byte UBPI - Base Configuration: 10 Or, board 1 GbE copper Interface. 8GB Memory. 1 CB.S-ENTSS- Check Point-EnterprisePremium Suppon-Includes Software updates and direct 7x PREMIUM 24 Phone support with a(30) minute response time for 3 years $ 13,158.00 S 13.159.00 1 CPAPSG5600- Checkpoint. 5600Next Gonamilon Throat Pmventlon SSandBlastm(NGTX) S 15,136.00 $ 15,136.00 NGTX-HA Appliance for High Availability 1 . CBS-ENT-SS' Check Point -Enterprise Premium Support -Includes Software updates and direct 7 z S 10,528.40 S 10,526.40 PREMIUM 24 Phone support with a (30) minute response time for 3 years NG7P Subscriptions for years 2 6 3 CPSB-NGTP- Cheek Point- Next Generation Threat Prevention Package for 2 years for 5600 1 5600.2Y Appliance - Includes:IPS, Application Control, URL Filtering, AntlSpam, Anti -Vitus $ 14,107.50 S 14,107.50 and Anti-Bot blades CPSB-NGTP- Check Point- Next Generation Threat Prevention Package for 2 years for 5600 1 560D-2Y-HA Appliance - HA - Includes:IPS, Application Control, URL Filtering, AntlSpam, Anti. $ 11,2136.00 S 11,286.00 Vitus and Anti-Bot blades Mobile Access Bledas with 3 years I rt 1 CPSB-MOSSO Check Point -Mobile Access Blade for 50 concurrent connections $ 1.232.00 S 1.232.00 1 CBS -ENT -SS- Check Point -Enterprise Pre lum Support -Includes Software updates and direct 7 x $ 1,386.00 S 1,386.00 PREMIUM 24 Phone support with a (30) minute response time for 3 years M 1 CP3 S-5& Cheek Polat - Moue Access t3tade for 10 concurrent connections HA $ 861SO : GGIA0 HA 1 C8VENT413- Check Point - Enterprise Premium Support - Includes Software updstas and dlred 7 x : 1.180.80 $ 1.180.80 PREMIUM 24 Phone support with a (30) ml m6B response three for 3 years FAdmabt Rftrraeeasma Ulf Tate! Send& Sims !!ar M devkms thr t veer 1 CPS84 P-TS- Check Point - Endpolat Management and Tatd Soc city BurAe for 100 devices for 1 s 3.87U5 $ 3,VSA SM1341an400 year CoaMugtdp - Serdor Seatdry Englrtsar - Qaliy Rate (based on 8 hour day) O..M 7 SEC4STALL services for lrnplernontation and basic knowledge transfer - project is eadmated to s 1.W0.00 $ 9.100A0 tatoo 7 days Price does not Include local taxes Our terms arc Nat 30 Authorized Sipatae: Nm= Thtc Daft AaXpmdlbr. Name Them Dft Quotation Sub -Total $ 108,9Z= Freight S 292.12 QuOtOWTOU4 S 109A15.92 6` 1 79 I ATTACEDiENT B. CONTRACT PRICE & Quotation STATE OF MARYLAND CONTRCT No. 06OB2490022-2015 1 bm=F. Pepe—Ol-1146 34 Quotation: 24386-01 • Compuquip Technologies LLC 2894 NV 79th Avenue, Doral, FL, 33122 Phone: 727423-1001 - Fax P413-280-6742 111VIII Brad Reed (breed®compuquip.com) Agreement wlt 111 to: Equipment IocationiShlp to: City of South Miami City of South Miami Attu: Steven Kulick, C.P.M. Attn: Steven Kulick, C.P.M. 6130 Sunset Drive 6130 Sunsel Drive South Miami, FI 33143 South Miami, Fl 33143 Nato: Price includes enterprise customer discount Section f - Check Point Manager, 5600 HAGatoways and EndPoinf with 3 years o/support 1 CPAPSM205 Check Point -Smart-1205 Appliance with Polley. Log and Event Security Management $ 3,795.00 $ 3.795.00 for 5 Security Gateways 1 CBS-ENTSS Check Point -Enterprise Premium Support -Includes Software updates and direct 7 • S 2.639.25 $ 2,639.25 PREMIUM 24 Phone support with a (30) minute response time for 3 years Check Point-5600 Next Generation Threat Prevention& SandBlastm (NGTX) Appliance -Includes Firowall, VPN, Advanced Networking and Clustering, Identity CPAPSG5800- Awareness, Mobile Access, (IPS, Application Control. URL Filtering, Anti -Spam, Anti- NGTX Virus and Anti43ot, Threat Prevention and Throat Extraction blades for Year l only), $ 20,640.00 S 20,640,00 Network Policy Management, Logging and Status. -Test (LAB) Performance: 25 Gbps Flrewall throughput (1518 byte UOP) - Base Configuration: 10 on board 1 GbE copper interface. 8G6 Memory. 1 CBS.ENTSS- Cheek Point- Enterprise Premium Support -Includes Software updates and direct 7 x S 13,158.00 S 13,158.00 PREMIUM 24 Phone support with a (30) minute response time for 3 years 1 CPAPSG5B00- Check Point - 5600 Next Generation Threat Prevention 8 SandBlasl" (NGTX) S 15,136.00 S 15,136.00 NGTX-HA Appliance for High Availability CBS-ENTSS- Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x S 10.526.40 $ 10.526.40 1 PREMIUM 24 Phone support with a (30) minute response time for 3 years NGTP Subscriptions for years 2 6 3 Check Point -Next Generation Threat Prevention Package for 2 years for 5600 CPSB-NGTP- 1 Appliance • Includes: IPS, Appl1caU.n Control, URL Filtering, AntiSpam, Antl-Virus S 14,107.50 S 14,107.50 5600.2Y and Anti-Bot blades Check Point- Next Generation Threat Prevention Package for 2 years for 5600 CPSB-NGTP- 1 Appliance - HA - Includes:IPS, Application Control, URL Filtering, Anti -Spam, Anti. $ 11,286.00 S 11,286.00 5600-2Y44A Virus and Anti-Bot blades Mobile Access Blades with 3 veers of support 1 CPSB-MOB.50 Check Paint - Mobile Access Blade far 50 concurrent connections $ 1.232.00 S 1,23100 1 CBS-ENTSS- Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x $ 1.386.00 S 1,386.00 PREMIUM 24 Phone support with a (30) minute response time for 3 years 6 35 81 I 1 CPSB 1 640- Check Potent- Mobile Access Blade for 60 concurrent connecdoss HA $ MAO i 861A0 MA 1 CBS• W40- Check Pohl - Enterprise Preml um 8uppat • tncludes Software updates and dfred 7 x s 1,180.80 i 1,180.80 PRENUM 24 Phom suppat vft a (30) n nufe rsapanse time far 3 yam FAdmw ffa2mmmam DM sagmdr Btnt & ftdntm foul vow 1 CPSB4W6T8- Check Pd nt-Endpobt Mm age o tend TGN Sec utly Bundle for 100 deWces fart $ 3MM _ UM N SNO-StsrAft year afflygm Cow - 8esior 8ecmtq► - DaOy Rate (based on 8 hour day) ft4 to 7 SeNNSTALL serWces for mid bade k rawlsdge trat:afer • W*d is es8snated to $ 1,5 m = 86100A0 take 7 days s tans prat tecctud tests are Nei 30 Armed NA= Tift Dam Quataftn Bub -Total i 108JNMW f+tglt 392.13 .Quotdbm i lowma Awq?Md by: IN= Dd - 36 co 1 82 1 ssE I NEIGHBORS jRa mNauroxane Dnen :7 D2 `1 CITY OF SOUTH Ivi COURTF_SY NOTICE. WHILE L' IIEPD(1' Iina Uw Cel:lwCan,.imN We tYr •r13mIPJ •Lai FMA..:ti a.:txr hNr. F.:.vP•. .ale t'w tlm«a.e ,:enrs1 vMJrkam Twwn Ne•em« U. Y.Ib. YPan4 a l:r r m. x Ili :'r., Es-, nacre O.amLn. II.La3aunlhme atrvYlerhlrJL+n[ruNal a L[c•k».:newts. Ye ClaHwpr nfartn.rlwarPUc+lav rWu6' e: P[C11e.an F C S\.rasa la M1RnlammrR.dverf Ve ap3tvlP:a avrabe RWmWIJI: •vli.a:a minm,rN+'=an�afane:rn¢..•l� SIII Iumu:i.wl f•nM1« WMnaJuam,w In WnwJr.:ImrrRa rycpM1st enl� W� 4.v..IFlur6al'muw, w .lpAbrhLJ (TC'RLt[ Wy�ar!sen crepe..f prnOu)J M.eWajuM InLMp ' 11mC VIE, hm.ab .n:l.av an"-oMre hen J n.MaLl'nRmv,�.ykvy Ao OMae[[awar4a :l. Lord naxLnrrtn Cr�W Irmk\'I Swan laYl. mJ A.+afiln Y[ry...irvo r. Jele Jr wm 1st ,a•w p r! as it e,�a'w Iu rM ..nor n.P :rt aaa H:4:a.r Cuxa...a M OCaatr..wrp col atsba[ a pwM Sw la Son one L`ik.Nmly n atrLa' Oe.�rNw ter: ao:m m,ru:, ar.,ma,n.,dwra[ nrv,raa. of m eualnn M nrtn:: aawal.[L sr.e.Ma I sir,. ttr.Y s•w. Shwa Isl ur.ru.Pnsa: r..e. r. nw,.na,r,r• m :un¢nl:h u'viaaJMwdrp.ana[Tnrm+. laY W'ebnegL anar,l. MV"'_—J' a.LvinrLMwkhRaw i9.1(B). IG bJ'Qi.Map mPJI ire nPi:urnn.e.d 4a •�MmJ uat'a:prrm6bus Srmhna LkemL• AnOmawearsa.Ivglb Cn vl S.eW Llr.n.4M Da•0arna: A:ILk Vi.Jar:euM M1J�bpa, la, M in ryurh Ln.aanyrrtJux MIM 9Ww: baa: rhea h Y.vJb rLalreL.d au. eJnmrtJ abiL. r: mare c u.h lad a.n tr n[.vn Wr:vansfaenw.Slrb�m-TS Ili CSa ('La�aUMei. NSN,a{1Xr LtaM Lf Mrna4a lla(' nn lam r•:w m- ...w......«,...�..:P: ......w,. a«,« .r.. .:.was-n. .....-.. CRIME WATCH Miami -Dade Police offer tools to cut crime AT r .D e.Y 4Up-IALLa MWAAE&L Jpaulr.The Mum, Urraa This week 1 want to share with you some great tools offered by Miami - Dade Police, which can help You not only be czfc but also better Informed. These Inch can help pre- vent tthne, help solve troops and help you know what is going on in your immediate area: NEW MIAMI-DADE POLICE CELLPHONE APP Many crime watchers ate using the new COP (Com- munity no Patral) OPP. a great ool for reporting everydling from Imaec to suspicious incident., just go to Apple or Mdmid app store and search for Com- munity on Patrol. MIAMI-DADE COUNTY SEXUAL OFFENDER A PREDATOR SEARCH Any Florida residem who lips been comicled of a sexual offense (including anyone ccut,iRed in another slate) must reatater as a County, that is the Miami. Dade Police Depattmem. Sexual eRend[n trust dis. close where they live, and nrml nobly. the Police when they relorate. This Irdalma- Mama-Dade Polices new Community on Patrol cellphone app lion is anlmed into the Sexual Predator/Offender dmahase of the Florida Depmtment law Enforce- ment.Members of the pub- lic can .coach this database at htrp://g(swebmth lad dade.gov/sexoffenders/and determine whether they or their children,intheir rou- tine activities (walking from the bus slap, b0dng to a friend's house, or going to the msU) are likely to en. counter Nose offenders MIAMI-DADE COUNTY•S CRIME VIEW COMMUNITY Miami -Dade County''s Crime View Commtafly is an online loot at Ihttp://www.edme .PPing.mm/map/R/ mianti-0adecounry, which residents can use to keep themselves informed about crime In the arem of interest to them, rush as near their home, business or other Places they frequent. Users can sign up to it- celve nutonnled email .lens nbmn recent criminal events in spoil areas. While this online tool works in all areas of ua.—O Pam,- ed Miami -Dade, a doeui 1 work in some of the numd- paldes. Residents should Cheek with their Iota gav- etmnenl To see lip Sindlat service is offered by that munidp.lity. HOMICIDE BUREAU — CDLDCASE SOUAD Advances in wclmDlugy Rod (dreams have given a boost to the work of Miang- Dade Poliice's Cold r-we Squad. However, despite sdertdEc advances and the wads of then detectives, there we about 2,000 cold cases that remain couched. about to casesngo. Perhaps you can help bring justice to the families of these victims MIAMI-DADE POLICE ON SOCIAL MEDIA Follow MDPD on Twit - ley at lisps//rwhmscom/ % ianu'DadePD and visit the department on YonTylbe at ww.foumbe.Wm/user/ mdpdmedia. Co.,., Caldwell it ,,muse dmaor of Citizen)' Crfine Watch of Miami-Oadr. Stnd ferdbork and nrni fi thit callmn to wareh.argr or Ball fur at 3n5-470d670. 6" 1 83 I MiAFM DAILY BUSINESS REVIEW kdfthW ems► MOM Sanwday. SWWWand L.egar Mondays M=%L atWMS-Dade County. FW a STATL OF FLORIDA COUNTY OF MIJU tI.DAM: Before the undersigned authority personally appeared OCTELRM V. FERB6RE. who on oath says that he or she is the VICE PRESIDENT. Legal Notices of the Miami Daly Business Review fide Miami Review. a daily (except Saturday. Sunday and Legal Holidays) newspaper. pubfisbhed at Warm in tilitami-pads County. Florida:, that the attached copy of advertisement. being a regal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MWMI - NOV. 15.2016 in the XXXX Court was published in said rarapaper in the issues of 1110 MIS Atlant further says that the 'said Mani Daily Business Review Is a newspaper published at Mom in said Mtami•Dade County. Florida and that the said newspaper has lip etofae been continuously published in said Miami -Dade County. Florida each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class mad mR ter at the post Office in Miami to said Wand -Dade County. Florida, for a Period of one year nerd mcedi tg the first pubOcadon of the attached COPY of advertisement: and of m further says that he or she has neither Paid nor promised any person, lam or corporation any discount, rebate. Commission or refsuhd for the propose of seaming this advetisermnt for pet in said r. Sworn to and subscribed before me ttds 4 day of NOVEMBER. AD. 2016 s (sF�ll OCTELMA V. FERBEYRE personally known to me • o sourb� u • �1927 +,• O t� - or $OWN MUM HORiCti. Lg KEREBV given that the Coy Conunleslon of the CRY of South Vdamt. Florida will conduct Pubic GIs) at itmFWCity Commmon meeting sclreduted for Tues* 15. 2016. begisurhg at 7:00 pm. In the City CotanisdOn Cttambess. 6130 sunset Dft to consider the A Resolution a ffmtft the CRY MMME er to tie online reglstragon module of ReCPro *M R.C. Systems. fne:. . A Resolution Wftd 6 the City Mmhegar to P rclwe AIR 365 software end enW into a BcerWng agreement with SM Uftma ftaug tiOrhel ybeck the through a piggyback with State of Rodde Corttrad No. 432000D-15-02. . A RembAbn sufhorhft the City MaMger to PJfdmCheck Raistt faewail saftware appliance from C��P Te. an ettthodMd resalter of Check Point LTD. dash a ONA M& with the State of Maryland Contract No. 06082480022. An Ordinance anhending the Land Mvdopmerd Cade. Article 1A. • Section 204.1. end other appltCabte p *Wftns, to decline the term `toss restrEd W as it app Ues to the voting M06MOrb Of the City Conhrrtisslon. An Ordrimm vacatatg and abandoning a portion of SW 82 Street more fully desorbad in a tegaf demdpfw herein, esuteled to eertdn coidtiortS, Including the presetvadon of an easerneat. An WIN= emending Section 20.6.1 of the Cary of South Miami •Land Development Code, to make corrections and to amend the membership and quorum regd ments for the Ptetnnktg Board' An Ordinance ame}hding the. Chapter 2. Article I. Section 2-2.1(Bj. toand ` add requ zi bra Sunshute MeO tgs. of words and An Ordinarm arterateding the City of South WordLsrd'Developtreent Article VI. Section 20.6.104 (4.00 is to provide for a of the Planning Board when the Board is deadlodcui ALL interested parties are irwiled td attend and wfi be heard. For further hff=MftM p>lasge contact the City Clerk's Office at: 3CS.663.6340. Maria M. bez. CMC Coy Clerk Pursuant to Florida Statutes 286.0105. the City hereby advises the NMC M if a person derides to appeal any dedsian made by this Board. Agency or Commission with respect to any matter wed at its meeting or hearing, he or she will need a record of the proceedings, and that for sexh purpose. effected person may need to ensure that a verbatim record of the procee" is made which record Irdudes the lastirnmV and evidence upon which the appeal is to be based. 16-1331t200016848r7— 11/4 184 PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT & SERVICES Amendment No. TffiS AMENDNMT made and entered into this 1¢ day of Anaost. M7, by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (ham referred to as `City) and Comunaoin Tec6aoloeim 1A C. (here3ina it refenred to as "Contrut ! an sothonlred [MSj ff for Check Point. ]LID, The purpose of Amendment_ No. _1 to the pigk agreement dated November 16, 2016 between Contactor and .City is to include the Check Point FtmwaU Atm -80" for the South Mhmai Police Department in that agreement The terms, products and services encompassed in this amendment ate in accordance with the State of Maryland Co tract #06UB249_2-24f5 between Contactor and the State of Maryland. G16 Pacing for the Cheek Point Wewail AuDm ee is � t as 110 1. "Coattactar Check Point (Matadon #250f0. V and shall be in accordance with the State of Maryland Co©tract #J�164B24440ZZ-ZO15. All terms and eanditions sW apply in the contract between Contractor and the Stye of Maryland Contrast #OMB?,4gw22-2015. The City, at its sole discretion, may terminate or cancel all smices provided by Contractor without notice or penalty. IN WITNESS WHEREOF, and as the duly authorized act of the parties, the u fined representatives of the patties hereto have caused this instroment to be signed in their respective names by their proper officials on or before the day and year first above written. Co e o : IV sy: opmeme Regional Manager (type name and title of signatory above) A, CITY OF SOUTH ,111 MIANII M. Menendez, CMC en Alexander City Clerk City Manager 85 Read and Approved as to Fozm Laag� LegAWendEmeWon ThawL By- Thoum.F. Pepe ' CitYneY RESOLUTION NO: 2 2 8 -16 -14 7 8 3 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. 06062490022-201S. WHEREAS, the City currently utilizes Barracuda firewall software that has been analyzed by Miami -Dade County IT who have determined it will be in the City's interest to transition to a new firewall protection software; and WHEREAS, IT is recommending Check Point firewall software for the City which is the same firewall software deployed throughout Miami -Dade County; and WHEREAS, the selected firewall will be used to replace the current Barracuda device and the Check Point firewall provides additional features not supported by the Barracuda firewall and will also replace the Barracuda Content filter; and WHEREAS, 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; and WHEREAS, the purchase of Check Point firewall software will be through a piggyback agreement from the State of Maryland Contract No. 060B2490022-2015 for Hardware and Associated Equipment & Services; and WHEREAS, the State of Maryland Contract No. 060B2490022-2015 was competitively solicited through a process that meets or exceeds the City's competitive solicitation process; and WHEREAS, the cost for the Check Point firewall software will not exceed $109,683 and will be charged to Account No. 301-1340-513-6430. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized 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. 06062490022- 2015 for an amount not to exceed $109,683. Section 2. Severabiiity. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Page 1 of 2 Res. No. 228-16-14783 Section 3. Effective Date: This resolution shall take effect immediately upon enactment. PASSED AND ADOPTED this 15 day of November , 2016 ATTEST: �), rT4, - wr "tw - , " �; ffl��, � r 1 APPROVED: i 1, ,, nXr COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Welsh: Yea Commissioner Harris: Yea Commissioner Liebman: Yea Commissioner Edmond: Yea Page 2 of 2 crrY OF SOUTH MIAm OFFICE OF THE CITY MANAGER Sou M iami INTER -OFFICE MEMORANDUM THE cmr of PLEMANT LIVING To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, City Manager LtrDATE: November 15, 2016 Agenda Item No.: SUMECT: A Resolution authorizing the City Manager to purchase Check Point firewall software appliance from Cornpuqulp Technologies, LLC an authorized reseller of Check Point LTD, through a piggyback with the State of Maryland Contract No. 060132490022-2015. BACKGROUND: 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 includedbelow: • Secure connectivity for remote end users (non PD) 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. E.R Sout7hMiami THE CITY OF PLEASANT LMNG 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. IN 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. 06092490022-2015. AccouNT: 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. ATTACHMENTS: Resolution Proposal, Check Point Piggyback Agreement M CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT & SERVICES THIS AGREEmENT made and entered into this _day of Noveatber 2016 by and between the City of South Miami, a Florida municipal Corporation by and through its City Manager (hereind ier referred to as "City'l and Compnouip Teckrroloaies. LLC- an authorized reseller for Check Point, LTD and a vendor on the mare jMd Associated Eaa amen & Sew Contract through the 6A of M-w- nd Contract No, 06 MM29a2-ZO15, fttftaf r referred to as "Contractor" 1. WITNESSETH: the contract was competitively solicited by the StaSta=:� d pursuant to RF'O No. 060B2490022-?A1S. and Contract No. 06022 O22-2015 for IInrdwre and A.ssoeiated Egaipment & 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 Ma Mh2d Contract No. 060B24900224015 for Hr_UNare and ,A►saociated Equipment & Servks" and pursuant to authority of the City of South Miami's Charter. NOW, RE, the City and the Contractor, each through their authorized representative/official, agree as follows: i. 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 aad =ociated Egnipment & Semees Co tract foxy the State of Ma<� d Contract Na WA"Q224015. Z. The City has reviewed the contract and agrees to the terns 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. An references in the contract between the Contractor and the State pf Florida competitively solicited by the State of Maryland pursuant to RFO No. 0602490022-2015, and Contract No. 060R?.4„2Q0r20V, for Hardware and Associated Eoubment Sew► Coat ; and the State of Warrsud_through RF'O Na 060BZ49002 4015. and Coatrad No. 060BZ4900224015 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 Mwxyh—nd vursuant to the Hardware and Associated Equipment 8c Services C ;and the Mate of Maryland through RF'O Na 060B2490022-201L and QMUM No. 060B2490022- Mil and its agreement with Contractor, shall be made by the City Thomas F. Pepe — 01-11-16 Page i of 6 91 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 WN and Conhwat or the Rardwan end Associated-Runinment & contract and the State 9LB rrWd through Contract No. 060B2490f1 �015 m 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. s. 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 Isrdwars and Aasoei aW Eaub ent & Services contract and the State of 1i�In Mand through Contract M& 06OB2490022-2015 Agreement1Contmct, 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& 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 drat 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 CHAPTM 1199 FLORIDA STATUTES, TO THE CONTRACTOR'S ?lamas F. Pepe — 01-11-16 Page 2 of 6 2 92 DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamiil gov; 6130 Sunset Drive, South Miami, FL .33143. & 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. Severabiltity: If any term or provision of this Agreement or the application thereof to any person or circunwtance 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. Compuguip Technologies, LLC By: JM4',. �V7 Ivan Rezvoy Director of Finance (Type name and title of signatory above) T'iES ACn Y OF 3AMI B By: 'a M. Merren MC teven Alexander City Clerk i ity Manager Thomas F. Pepe — 01-11-16 Page 3 of 6 93 Mmmas F. Pepe — 01-11-16 Page 4 of 6 94 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 95 JL 'i r, iV i�±)ism �irssTq �� — - - DEPARTMENT OF WFORMATION TECHNOLOGY (Dori) Hardware and Associated Equipment and Services 06OB2490022-2015 THIS CONTRACT (the "Contract") is made this 2S, day of + 201�by and between Compuquip Technologies and, on behalf of the STATE OF MARYL D, the MARYLAND DEPARTMENT OF INFORMATION TECHNOLOGY (Doll'). IN CONSIDERATION of the following, the parties agree as follows: 1. Definitions In this Contract, the following words have the meanings indicated I.I. "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 maintenareece 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 fire individual identified in Section 1.6 of the Request for Proposals (RFP), or a successor designated by the Department. I.A. "Contractor"mcans.coarwPiv ftemcdopies, whose principal business address is: 2894 NW 79tb ave., boral FL 33122 1.5. "Department" means the Department of Information Technology (DQIT). 1.6. "eMM" means e14laryland Marketplace. 1.7. "Financial Proposal" means the Contractor's financial proposal dated 02 / 19 / 16. i.8. • "Hardware and Associated Equipment and Services" means those services described in Section 2 of the RFP. 1.9. "Installation" means ftwu rringmanufacturefs electronic media to computer systems so that the Hardware and Associated Equipment and Services will provide the features and timctions generally described in the user documentation. 1.10. "Minority ]Wness Enterprise" (UBE) means an entity meeting the defmifron at COMAR 21.0 1.02.0 1 B(54), which is certified by the Maryland Dent 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 deliveryof products and/or any services requested via a PORFP. 1.14. "PORFF' means Purchase Order Request for Quotation. 1.15. "Requesting Agency" means the unit of the State government issuiag the PORFP. 1.16. "RFP" means the Request for Proposals for Hardware and Associated Equipment and Services No. 06OB2490022 2015 and any amendments thereto issued in writing by the State. Kle 1.17. "Sensitive Data" means any personally identifiable information (PH), protected health information (PHI) or other privatelconfidential 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 far proper operation is included in this definition 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 and/or training, and/or manufacturer's extended warranty, as described m a PORFP or PO, in the following fimctional 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, shaU apply: Exhibit A — The RFP Exhibit B — The Contract Affidavit dated 06/21/2016 Exhibit C — The Technical Proposal. Exhibit D The Financial Proposal 2.3 A PORFP may specify teens in addition to the terms specified herein, including warranties, deliverables, and acceptance test requirements. PORFPs, POs and Reference HPOs 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 S, 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. 97 7 4. Consideration and Payment 4.1. In consideration of the satisfactory performance of the Contract and any PORFP and/or 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 ofa. combined fixed price — time and materials PO, shall be the firm fixed price submitted by the Contractor in its quotation or proposal submitted in mslwnse to a PORFP, regardless of the actual cost to the Contractor. 43. POs that include a time and materials element shall include a not -to -exceed (NTE) ceiling for payments. For time and materials PO, orPOs 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 material obligations are expected to reach the PO NTE Amount. The Contractor shall have no obligation to perform the time and materials requirements under this Contract after payments react the PO NTE Amrnmt. 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 reacted, the Contractor shall: (i) give the notice required under ibis paragraph 4.3; Cu) Prosy 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 appficatia®s 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 PORM 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 Contracts. 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 Ageacy's receipt of a proper invoice from the Contractor. Charges for late payment of invoices other than as prescribed by Tide 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 opiniost of the Procurement Officer, the Contractor fails to perform in a satisfactory and timelymmmxer, 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 nfuse 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 iinther 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 of all deliverables required 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 the PORFP. 4.7. Payment of an invoice by the State is not evidence that services were rendered as required under this Contract or any applicable FORM S. Patents, Copyrights, Intellectual Property 5.1. If the Contractor furnishes any design, device, material, process, or other item, which is covered by a patent or copyright, or which is proprietary to or a trade secret of another, the Contractor shall obtain the necessary permission or license to permit the State to use such item or items. 5.2. Except as provided in Section SA of this Contract, the Contractor agrees that all documents and materials, including but not limited to, reports, drawings, studies, specifications, estimates, tests, malls, Photographs, designs, software, graphics, mechanical, artwork, computatioms and data prepared by or for the Contractor for purposes of this Contract ("Work ProducfJ shall become and remain the sole and exclusive property of the State and shall be available to the State at any time. The State shall have the right to use the same without restriction and without campeasatiom 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 two of this Contract and thereafter, Work Product shall be'*wks made for hire' as brat 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 information used to formulate mwb Work Product. In the event any Work Product is or may not be considered a work made for hive 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 all documents and perform such other proper acts as the State may deem necessary to secure for it the rights pursuant to this section 5A. 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 (u) any COTS and/or Pre -Existing Intellectual Property (other than a computer's operating system, supported intereet browser, browser accessibility software or hardware if needed by the user, and software required to access a commonly -available data transmission tool or export format) 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 d irdparty licensors, a royalty -free, paid -up, non-exclusive, unrestricted, unconditional, irrevocable, worldwide right and license, with the right to use, execute, reproduce, display, perform, 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" meaus any program, utility or tool owned by Contractor 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, indemnify, 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 withheld in the State's sole and absolute diwation. 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 -patty Intellectual Property infringes, nusappropriates 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 Intellectual 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 consnitation 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 determination, complies with the itcWs specifications as defined in this Contract, and all rights of use and/or ownership set forth in this Contract; or (o) modify the item or service so that it no longer infringes, misappropriEates or otherwise violates any third ply intellectual property right and, in the State's sole and absolute determination, complies with the itnn's specifications and all rights of use and/ar ownership set forth in this Contract: 5.8. Except for any Pre -Existing Intellectual Property and Third -Party Intellectual property, Contactor shall not acquire any right, title, or interest (inaludmg any intellectual property rights subsisting therein) in or to any goods, Software, technical information, specifications, drawings, records, docummentation, 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 resins of a PORFP executed by the Contractor and an authorized representative of the State. 5.9. Without limiting the generality of the foregoing, neither Contractor nor any of its subcontractors SW use any Software or technology in a wanner 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 terms and conditions of any third -party or open source license (including, without limitation, any open source license listed on htip://www.opemomce.orgilicmsestalphobefical) (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 ad 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 Stage (or for which the State has received license rights) to become subject to any encumbrance or tam and conditions ofany 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. 5.11. This Sectiaa 5 shall survive expiration or termination of this Contraa 6. Indemnification 6.1. In addition to Contractor's indemnification obligations described in Section 5, Contractor shall indemnify, defend, and hold the State, its directors, offrcers, employees and agents harmless from liability for the following conduct arising from or relating to the Performance of the Contractor or 100 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 or 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 Contuack 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 Fret 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. Lhnitations of Lbbliity 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 of the 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 101 that all Subcontractors shall be held to be agents of Contractor. 8. 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 of the Contract work without affecting the completion date(s) for the Contract work; (c) Pay or 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 ac cordanoe with the requirement to promptly pay subcontractors; or (1) 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 subaaatractor 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.ac% 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 Dgwtment or Requesting Agency. 9 A 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 Proms 9. Risk of Loss; TYansfer of 71tie Risk of loss for conforming supplies, equipment and materials specified as deliverables to the State ir"mder 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 fiance by the State. 10. Source Code Escrow Sat = Code Escrow is not required for this Contract. I L 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 102 12 of non-public data as directed in Section 16.17. 12. Marldngs 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 Ownershtp 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 teams of this Contract. 14. Nod icadon 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 right to 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, ifnot 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. Confldentiallty 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 nary 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 103 13 proingions of this seotion shall noVapply to information that (a) is lawfak in the -public domain;- (b) has be p4p Won p0Adpndy'dev'oj4pe4by the qqw.paxty.wiffopt Wo -of this -Contract.; (a)was already in the `possession of g04 oa#y;(d)wos-syppliddpsuch putyby.athird .pity lawfully -in pb"absion. thereofand J6g8fly. perWitted to fitdid displosethe' ihfbtmatioa; or which sueb party is required to diobloso byla,*. TW& $edtpoxIsq#*% an.pia#6nomition Of the Contact: 17. PArW COOPOY Qiafthfo '*a fig!, *=pt and complete ab4ohl.te4y ace of -and:Ob t perfbmancety the-vains, Widitims OkAtio4s, cOnta!6d this.-P 0 4_4 as A from time to time, including ahy and all eyMbitsdiat ate.now or rnhy bbdome* ineorpoisted hermudo, and-odw obligations of viery uture andJdnd,dW*aw or my it dw future 44Y -411 it, 3 arise mit: of or in corm"anwit.1hia - Six. and AaWW C�Imzvi nonts. _V_ , 93 my obligaft. not trans fitlWs absol* or approval guaranty y-91he* person of the, on Stdtk which -or qua* in its sole and absolute subjecHve-discretiou. party, In * r a M Generld TWo's -And COndidofis any claims. action; suit may bu.nimedasa Unless otherwise iicit.4ftQmagTennis and 'CoWi*U'op W *04toty C - qmtract To=. and cannot and will not be.nVi" 18.1. Pri-E*tffig Reg.plAtions In accordance with the provisions of Section 11206 9f the State Fifumcc qnd Proeuteinent Article. AmotaW Code of Maryfand, ffic. reg*Hons set fb4 iA Titte 21 (&the COft. d- Maryland Regulations (COMAR 21) in effect on the date -of execution of this- Contractaro apofigible to tbis..Contract. 18.2. Ma� and Law Prevails Ihio ontrtact shall be construed, hitnretcd, and m&zced according to the laws of the State qfWftyland. hi*lland Unifonn-Con*uWrWoxmationTmacgow-Act:(CommerciaI IAiV Atfiqj% Tfflb.ti of a We aMatylanil) does not apply -to this Contract, the Amnotated-C Softwaft Or ady WWOM Mcbmt =pW hwunder. Any and all rdmnees to the Anno d Code OA6q.bfid *- 0 ni on"dtaha990.t.ain;d U be conatmed to te*x to -such .11% . Coge'scc;Wns as from time tp time emended. 183. MuWyear Contracts Contingent Upon AppOpridtions If the * General Aweinbly fails to•apFropriafie.fimds or if funds arc not ot1erwise made available for candimedpeftmance for anysmd period of ft Contact S=e& iag theft fiscal period, this Cout.rdot shalt be cimcpj6d. automatically as Qf IhO-bftbxh&g of ae.&W year for which funds were not app ropriated that this will not-a&ct either the 9t&Ws Aghts or the-Contractoes.rights under any temduadon clause in thus Contract. IU effectof tembiation of the Contract hereunder will he to discharge both the CoWractor and the.8taW.ofMaryIand-fiom.-fuWw er&manceofthe Contrast; but not fiM t4eirilghts and obligations existing at-&e time of tewaination..The Couftator shall be tembursed for the reasonable value, of aw nonrecurring costs incurred W not amoWze4in the prj9e.qf the -Contract The State al" notify the CAintractor-as.soon as it has kao\YUdge,OaMnds. may trot be available for'the cobtinuation of this Contract for each aiiUccecchink ToW porlod beyond t.he.&st. 104 14 18.4. Cost and Price Certification The Contractor, by submitting cost or price information certifies that, to the best of its knowledge, the information 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 Contract (including any PO) and 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. 185. 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 If the Contractor fails to fulfill its obligations under this Contract properly and on time, or otherwise violates any provision of the Contract, the State may terminate 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, leas the amount of damages caused by the Contractor's breach. If the damages acre more than the compensation payable to the Contractor, the Contractor will retrain 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 COhM 21.07.01.11 B. 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 beat interest of the State. The State will pay all reasonable costs associated with this Contract drat 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, shall be governed by the provisions of COMAR 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 105 is 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 Offscees 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. Contemporaneously 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 Prarur+eAneat 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 retamage. The Department or Requesting Agency may require certification from the Commissioner on a quarterly basis that such records were properly submitted. 18.10. Non•Hirfng of Employees No official or employee of the State of Maryland, as defined under General Provisions Article, §5-101, Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this Contrast, shall dining the -pendency and term of this Contract and while serving as an official or employee of the State become or bean employee of the Contractor or any entity that is a subcontractor on this Contract. 1811. 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 orientition, sexual identity, ancestry, or disability of a qualified person with a disability, sexual orientation, or any otherwise tml mdd 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. W2. Commercial Non-D1sctlmination 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 raea, 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 suck discrimination. Contractor shad provide equal opportunity for subcontractors, vendors, and suppliers to participate in all 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 occwTing in the marketplace. 106 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 contracts, 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 agues to provide within 60 days after the request a complete list ofthe names of all subcontractors, vendors, and suppliers that Contractor has used in the past four (4) years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor farther agrees to cooperate in any investigation conducted by the State pursuant to the States 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 berms of this Contract and any other berms 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 Contra= 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 staffresourc;es, if 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. 19.14.2.2. 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 107 [k7 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 farther 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 iirll compliance with COMAR 21.11.03.13B (3): ga amount net day aftMkbi d s the POMP 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 amount ne day est b ished at the RMR Iwd per 11118E sabcontrat or. in. Failure to comply with COMAR 21.11.03.12 in tem3inating, canceling, or changing the scope ofwaNvalue of a contract with an MBE sabcontractar and/or amendment of the MBE participation schedule: the difrence between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE furs for the contract. iv. Failure to meet the Contractor's total MBB participation goal and sub goal commitments: the difference between the dollar value of the total UBE 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: as amnnnt net day established sit ibis PnRRP per day until the undisputed amount due to the MBE subcontractor is paid. Notwithstanding the use of liquidated damages, the Stage 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 Requiremeots 18.143.1. To ensure compliance with cerdfiedMBE 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 fiom certified MBE subcontractors and the reason for nonpayment; and 108 18 (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 refines 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. 18.14.31. Upon completion of the contract, but before final payment or release of retainage or both, the Contractor shall submit a final report, in affidavit form under the penalty of perjury, of all payments made to, or withheld from MBE subcontractors. 1835. 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 fi+om 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 of learning 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. 18.16. Veteran Owned Small Business Enterprise PaMcipatfon There is no VSBE subcontractor participation goal for this procurement. 18.17. Seenrity Requirements and incident Response The Contractor agrees to abide by all applicable federal, State and local laws concerning 109 19 information security and comply with current State and Department of Information Technology information security policy, cunendy found at bft://doftmmLlmW.gov/ hib-lication.s/DollSwafigTp_hLc,UddE 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. 18.18. Suspension of Work The Procurement Officer unilaterally may order the Contractor in writing to suspend, delay, or intenvpt 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. Nonvhual 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 nonvisual 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 ia&nnWon technology by more than five percent. For purposes of thus Contract; the phrase "equivalent access" means the ability to receive, use and manipulate information and operate controls necessary to access and use infiormation 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, M20. Compliance with Laws/Arrearages The Contractor hereby represents and warrants that ' 18.20.1 It is qualified to do business in the State of Maryland and that it will take such action as, fiom 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 tare 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 term 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 performance of its obligations under this Contract. `ffil 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 extemionswill 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 of the 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 ffom unforeseeable causes beyond the control and without the fault or negligence of either the Contractor or the subcontractors or suppliers. 18.Z3. FhuuWal Disclosure 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 $100,0O0, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. 18.24. Political Contribution Disclosure The Contractor shall comply with the provisions of Md. Code Ann., Election taw 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$50O 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, or 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, on: (i) February 5, to cover the six-month period ending January 31; and (ii) August S. to cover the six-month period ending July 3 1. Additional information is available on the State Board of Elections website: httpJ/www.elections.state and uilcampaign f nance/index.htmi. 18.25. Retention of Records and Audit 18.25.1. The Contractor and Subcontractors shall retain and maintain all records and 111 21 documents in any way relating to this Contract for three (3) years after final 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 titnes. 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 under 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 extentrequssted by the State and by assisting the auditors in reconciling any audit variances. Contractor khall 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. I SM-2 ' The State reserves the right, at its sole discretion and at any time, to perform an audit of the Contractor's and/or Subcontractors' parfmmmce under this Contract. In this Contract, an audit is defined as a planned and documented independent activity performed by qualified 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. 18.25.3 Upon three (3) business days' notice, Contractor and/or Subcontractors shall provide the State reasonable access during normal business bows 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 resouum or by securing the services of a third party accounting/audit smr, 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. 18.25A 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. 18.25.5 Tiro 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 tbiis Contract. Contractor and/or Subcontract= shall ensure the Stage 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 Compllanc© with federal Health Insurance Portability and AccountabNtty Act (HIPAA) and state Cont endaiity Law HIPAA clauses do not apply to this Contract. 19. Administrative Information 19.1. Procurement Offleer and Contract Manager The day -today work to be accomplished under this Contract shall be performed under the 112 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.L Notices All notices hereunder shall 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 45 Calvert Street Annapolis, MD 21401-1907 Gayle Mealy Department of Information Technology (DoIT) 45 Calvert Street, Rm 424A Annapolis, MD 21401-1907 Gayle.Mealy@maryland.gov maryland.gov If to the Contractor. Attn: IN WITNESS THEREOF, the parties have executed this Contract as of the date hereinabove set forth. CONTRACTOR In,04't Ltm� By:Compugvip Technologies, LLC 06/22/16 Date J DEPARTMENT OF INFORMATION TECHNOLOGY / � ti G By' Albert G. Byllock, Chief of Staff . 7-r zz!;� D to V� Witness 113 23 t approved for form and legal sufficiency fts day of 201,. Assistant Attorney General APPROVED BY BPW: 3-1 Mate) (BPW It= #) 24 Z � .•:M l'�+•`s�� . ��.i~i � �e ',yT�t. _ ��'�'3r �.. 1 +'V�r •y�. 1�. ~yi A. AUTHORITY I HEREBY AFFIRM THAT: I, 2"M R.', (name of of iant); am the (title) and duly authorized representative of Commgglp Technologies. u..c (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 I FURTHER AFFIRM THAT: The business named above is a (check applicable box): (1) Corporation — f.] domestic or O foreign; (2) Limited Liability Company -2- ® domestic or O foreign; (3) Partnership ----13 domestic or O foreign; (4) Statutory Trust -- O domestic or 13 foreign; (5) O 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 (1F 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 mane and address of the principal or owner as: Name and Dep"ent 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 115 is during a caletdar-yearuhder which the busincub.towceiveinthe:aggmgate $100,000 or more shall, with' 10 days of the time -who e- who the aggregate V!due of -the contracts, leases, or other W We with the Sepmtary-of State of Mqrylod curtain specified retches $100,,000, to *,106 disclosure of benefiokl ownership of the business. D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I PM-T-UER AFFIRM THAT: I am aware o4 and the. above: businesi v� 0.' ro'm ply with Election Low Article., Title 149 Apnoqft''d C.ode-i411Qaryjand, -wbidI4 reW'res that every person that enters into a contract f6t a immirelftefit with the SU:169. i0ooty, or 6AUMOPal COMON60% or otber political subdivision of the S*j during a calendar- year in which the person receives a contract with a javoitmentW ontitylaftako of $-26jQQQof more, shall .file wiffilhe S*te Beard of Elections statements dosing (sL)*o^y. contributions made dating 11W rqortift& period to a dadidate fi)r:W0c6vo Oft* in any pftp.ry.. or g Ofe and (b)-th .A oam-of-eat candidate to whom one -or more cOntnibitions is -a cumulative amount of $500 arr-inore.wbtetrade ..di='Zg$=e.,,'e - 'ift q, PdriQd, The-gtatftent' be filed with *p State Board oUlections: (h) of a conhuaby*tbeStaff, adoonty6am3unl*41covoredoi4oro$qrpohticalswj"mon.o,fthe - Mate, and -shall cover the -24 mouths prior to .when-azontractwas -awarded; and (b) if -the contribution iginadeaf*the=ecuaQnofitbdn#act;.t]Wn*oa.year,,throughout .t 'he contract to=j one (1) Febrftgry 5-1 to -cover the six (6) month period ending January 31 - and (#)August 5-2 to Qovbt- ftsk (0 400 p4iod onding.J* 3-1. Ad4itiqnal on is avatHable on the 9ft Board oftlections wabsift. ft:L/www.electiolis-stateimd-us/cmgaigg- hnance/index1tuit B. DRUG -AND ALCO _jf0L ft-.9E WORKPLACE (401idable-tt) all contracts Udw the contract is for a law enforcement agency and the agency head -orthe Agency head's . des 6 i9de has dftnfiAed theft application. of COMAR 21.11.08 and this certification 'would be inapp"ropriate in connection with the law ehfomedamt agenby's undercover operation.) I CERTIFY THAT; (13 Tom defined in C OMAR 2-1.110 sled Wive -the some -meanings when used in this certification. (2) By -submission of its Bid/.ProposA the business, if oflW than al3jndiVidpall certifies and agrees that, with respect to its employees to be employed under a contract reiftflifing fromthis solicitation, the butihoss.-sball; (a)- Maintain A workplace treed drug -and alcohol abuse during the term of the contract (b) Publish -a Statement notifying its employees that the, unlawful manufacture, distribution, dispensing, possession, or use of drogs, and"the abuse of drugs or alcohol is pTWted in the 116 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 drag and alcohol abuse in the workplace; (ii) The business's policy of maintaining a drug and alcohol free workplace; (iii) Any available drag 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 terms of the statement; and (u) 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; 6) 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 occurring 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 117 27 (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of §E(2)(AYA), 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 mamifacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the perforinance 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 of the provisions of COMAR 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 AFFMM THAT: To the best of my knowledge, information, and belied each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal 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 if made as of the date of this Contract Affidavit and as if fully set forth herein. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF IMS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. . Date: Owl/2016 By: teen tlermy (printed name of Authorized Representative and Af lant) (signature of Authorized Representative and Affiant) 118 28 Agency Contact: AI Bullock (410) 260-6256 A1.Bullock c@mmylandgov Carla Thompson (410) 260-6155 Carla Thompson@marylandgov 34T. DEPARTMENT OF INFORMATION TECHNOLOGY Contract ID: Hardware and Associated Equipment & Services (Hardware 2012) eMM Solicitation 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-1 OD Term: 7/1/2016—11/24/2027 (11 years) Amount: $100,0009,000 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 DoIT Item 44T (11/14/12) 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, DoIT 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 DoIT'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. 119 29 3-ff. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) Remarks: (cont'd) For this expansion window, DoIT received 66 proposals. DoIT 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 DoIT has received notification that they are either in good standing with SDAT or have registered to do business with the State. DoIT will return to the Board seeking approval for any additional awards.) - Through the expansion window, DoIT 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 fimctional 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 DoIT 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. 120 30 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) Remarks: (cont'd) Because the remaining term of this Hardware Master Contract is approxiinately 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. DoIT Item 4-IT (1111412012) Board approved $35 million increase in ceiling. DoIT Item 2-IT-MOD (1011512014) Board approved $12 million increase in ceiling bringing total authorized Hardware Master Contracts to $104 million. DoIT Item 4-IT-MOD [312312016] DoIT recommends increasing the ceiling amount by $100 million. This amount was determined by using spend statistics over the past three years of the contract. DoIT will provide additional expansion windows for this Master Contract every three years. Doff 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: Approp. Code: Resident Business: MD Taz Clearance: Various Various See Page 9D-10D See Page 9D-IOD BOARD OF PUBLIC WORKS THIS ITEM WAS: APPROVED DISAPPROVED DEFERRED WITHDRAWN WITH DISCUSSION WITHOUT DISCUSSION 31 121 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) Companies recommended for Hardware 2012 Award • Resident - -MD Tax Com n 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 Coinuter Con is 1110 Sterling VA N 16-2160- 3 Al haSix Corporation 1110 Applied Network Consulting Group, Inc. Greenville Sc N 16-2161- 4 AN 1001 Baltimore MD Y 16-2162- 5 BarcodiM Inc. 1111 Abingdon MD Y 16-2163- 6 Bo dan Computer Services, Inc. 1111 Reston VA N 16 2164- 7 Carahsoft TechnoloRy Corporation 1010 . 16-2165- 8 aTeh, LLC 1000 16-2166- 9 Ciber, Inc. Greenwood Village CO N 1011 16-2167- 10 Communications Electronics Inc. Timonium MD Y 1110 1&2168- 11 Compuguip Technologies Doral FL N 0000 • 16-2169- 12 Computer Systems S Inc. Miami FL N 0000 16-2170- 13 Continental Technologies, Inc. Hunt Valley MD Y 1111 16-2171- 14 Datalink Corporation Eden Prairie MN N lilt 16 2172- 15 Electronic Data Solutions, Inc. Baltimore MD Y lilt 16 2173- 16 EnNet Services, LLC Frederick MD Y 1111 16-2174- 17 Enterprise Consulting, Inc. Eldersburg MD Y 1111 16-2175- 18 InsiOt 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 Sipals, Inc. Lenexa KS N 0111 32 122 Resident MD Tag Company Name Corp. City State Business Clearance 16-2179- 22 Lexmark International Inc. Lexington KY N 1111 16-2180- 23 Magothy Technology 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 FutureInc. 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 IELeelion 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. H atisville MD Y 0111 16-2191- 3 Visionary Tehnology ConsultantsVTCMale Law MD y Ol 11 16-2192- 35 1 Visual Sound/Kunz AV Broomall PA N 1111 123 33 DoIT 6D Supplement D Department of Information Technology ACTION AGENDA June 22, 2016 Agency Contact: Al Bullock (410) 260-6256 AtBulloclo c@marylandgov Carla Thompson (410) 260-61SS Carla Aompson@marylandgov 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY Contract ID: Hardware and Associated Equipment & Services (Hardware 2012) eMM Solicitation 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-1OD Term: 7/1/2016—11/24/2027 (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 DoIT Item 4-IT (11/14/12) 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, DoIT 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 eMw ylandMarketplace. com and on DoI T'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. 124 DoIT 7D Supplement D Department of Information Technology ACTION AGENDA June 22, 2016 3-IT. DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd) Remarks: (cont'd) For this expansion window, DoIT received 66 proposals. DoIT 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 DoIT has received notification that they are either in good standing with SDAT or have registered to do business with the State. WIT will return to the Board seeking approval for any additional awards.) Through the expansion window, DoIT 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 WIT 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. 125 DoIT 81) Supplement D Department of Information Technology ACTION AGENDA June 22, 2016 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. Dorf Item 44T (1111412012) Board approved $35 million increase in ceiling. DoITRem 2-IT-MOD (1011512014) Board approved $12 million increase in ceiling bringing total authorized Hardware Master Contracts to $104 million. Doff Item 4-IT-MOD [3123120161 DoIT recommends increasing the ceiling amount by $100 million. This amount was determined by using spend statistics over the past three years of the contract. DoIT will provide additional expansion windows for this Master Contract every three years. DoIT 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-1 OD MD Tax Clearance: See Page 9D-1 OD BOARD OF PUBLIC WORKS APPROVED DISAPPROVED WITH DISCUSSION THIS ITEM WAS: DEFERRED WITHDRAWN WITHOUT DISCUSSION `Po DoIT 9D 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 MD Tax 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 1-16-2160- 1110 Sterling VA N 3 AI haSix 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 Technolo Co ration 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- Com ui Technologies Doral FL N 0000 16-2169- r12 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. Tem a 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 127 WIT lOD Supplement D Department of Information Technology ACTION AGENDA June 22, 2016 Resident MD Tax Company Name Corp. City State Business Cl6arance 16-2179- 22 Lexmark International Inc. Lexington KY N 1111 16 2180- 23. Technology Pasadena MD Y 1111 16-2181- Uj MS Technologies Corporation Rockville MD Y 1111 16 2182- 25 1 NEC Corporation of America Irving TX N 1111 16-2183- 26 Networking for Future Inc. WashinlMon DC N 1111 16-2184- 27 Networift Technologies & Suppor4 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 S3Integration Baltimore MD Y 1111 • 16-2188- 31 SCD Information Technolo Columbia MD Y 1011 16-2189- 32 SNAP, Inc. Chantilly VA N 1111 16-2190- 33' Soft -Con Enterpises, Inc. Hyattsville MD Y 0111 16-2191- 34 Visionary Technology Consultants (VTC) Maple Lawn MD Y 0111 16-2192- 35 - Visual Sound/Kunz AV Broomall PA N 1111 128 ATTACHMENT B CONTRACT PRICE & Quotation STATE OF MARYLAND CONTRCT No. 060B2490022-2015 Thomas F. Pepe — 01-11-16 Page 6 of 6 129 OCI Quotation: 24386-01 Compuquip Technologies LLC • • 2894 NW 791h Avenue, Doral, FL, 33122 Phone : 727-423-1001 - Fax #413-280-6742 1112116 - Brad Reed(breed(Qacompuquip.com) Agreement with)SHI to: Equipment location/Shfp to: City of South Miami of South Miami Attn: Steven Kulick, C.P.M. AttCity Steven , C.P.M. 6130 Sunset Drive rive Slut Sunset Drive 6130 South Miami, F133143 South Mami, FI 33143 Note: Price Includes enterprise customer discount Section 1- Check Point Manager, 5600 HAGafeways and EndPolnt with 3 years of support 1 CPAPSM205 Check Point-Smart-1 205 Appliance with Policy, Log and Event Security Management $ 3,795.00 $ 3,795.00 for 5 Security Gateways 1 CBS -ENT -SS- Check Point -Enterprise Premium Support- Includes$oftware updates and direct 7 x $ 2,639.25 $ 2,63925 PREMIUM 24 Phone support with a (30) minute response time for 3 years Check Point-5600 Next Generation Threat Prevention It SandBlast- (NGTX) Appliance- Includes Firewall, VPN, Advanced Networking and Clustering, Identity CPAPSG5600- Awareness, Mobile Access, (IPS, Application Control, URL Filtering, AnliSpam, Anti- 1 NGTX Virus and ArdlSot, Threat Prevention and Threat Extraction blades for Year l only), $ 20.640.00 S 20.640.00 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. 1 CBS-ENTSS- Check Point- Enterprise Premium Support - Includes Software updates and direct 7 x PREMIUM 24 Phone support with a (30) minute response time fora years $ 13158.00 S 13,158.00 1 CPAPSG5600- Check Point- 5600 Next Generatlon Threat Prevention & SandBlastTM (NGTX) NGTX-HA Appliance for High Availability S 15,136.00 $ 15,136.00 1 CBS-ENTSS- 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 S 10,526.40 $ 10,526.40 NGTP Subscriptions for Years 2 B 3 CPSB-NGTP- Check Point -Next Generation Threat Prevention Package for 2 years for 5800 1 5600.2Y Appliance -Includes: IPS, Application Control, URL Filtering, AntiSpam, Anti -Virus S 14,107.50 S 14,107.50 and Anti-Bot blades CPSB-NGTP- Check Point -Next Generation Threat Prevention Package for 2 years for 5600 1 5600.2Y41A Appliance - HA - Includes: IPS, Application Control, URL Filtering, Anti -Spam, Anti- $ 11,286.00 S 11,286.00 Virus and Anti-Bot blades Mobile Access Blades with 3 years otsuppart 1 CPSB-MOB-50 Check Point -Mobile Access Blade for 50 concurrent connections $ 1,232.00 $ 1,232.00 1 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 $ 1,388.00 $ 1,380.00 cPse-Mo13-50- 1 Check Point - Mobile Access Blade for 50 concurrent connections HA $ 861.00 $ 861.00 HA 1 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 $ 1,180.84 $ 1,180.80 Qdooint Manaaernertjnd Total Security RundW for 100 devices for f year 1 CPSB-EP-TS- Check Point - Endpoint Management and Total Security Bundle for 100 devices for 1 $ 3,875.85 $ 3,875.8S SMBStan400 year Services Compupulp - Senior Security Engineer - Daily Rate (based on 8 hour day) On -site 7 SEC4NSTALL services for implementation and basic knowledge transfer - project is estimated to $ 1,300.00 $ 9,100.00 take 7 days Notes: 1.) Price does not include local taxes 2.) Our terms are Net 30 33 Quotation valld until December 30 2016 Authorized S*stttm Name: Talc Datc AwApted by: Namc Title: Data Quotation Sub -Total $ 108,923.80 Frelght 292.12 Quotation To $ 109,215.92 131 i ATTACHMENT B. CONTRACT PRICE & Quotation STATE OF MARYLAND CONTRCT No. 060B2490022-2015 Thomas F. Pepe— 01-11-16 132 34 Quotation: 24386.01 Compuquip Technologies LLC • • 2894 NW 79th Avenue, Doral, FL, 33122 Phone: 727423-1001 - Fax #413-280-6742 1112116 Brad Reed (breed@compuquip.com) Agreement with/Bill to: Equipment location/Ship to: City of South Miami 0ty of South Miami Attn: Steven Kulick, C.P.M. Attn: Steven Kulick, C.P.M. 6130 Sunset Drive 6130 Sunset Drive South Miami, FI 33143 South Miami, F133143 Note: Price includes enterprise customer discount Section f -Check Point Manager, 5600 HAGateways and EndPoint with 3 years of support 1 CPAP461205 Check Point -Smart-1 205 Appliance with Policy, Log and Event Security Management f 3.795.00 f 3,795.00 for 5 Security Gateways 1 CBS -ENT -SS- Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x E 2,639.25 $ 2,639.25 PREMIUM 24 Phone support with a (30) minute response time for 3 years Check Point .5600 Next Generation Threat Prevention 6 SandBlast— (NGTX) Appliance - Includes Firewall, VPN, Advanced Networking and Clustering, Identity CPAPSG5600- Awareness, Mobile Access, (IPS, Application Control, URL Filtering, Anti -Spam, Anti- 1 NGTX Vim. and Anti$ot, Threat Prevention and Threat Extraction blades for Year 1 only), S 20.640.00 $ 20,640.00 Network Polley Management, Logging and Status. -Test (LAB) Performance: 25 Gbps Firewall throughput (1518 byte UOP) - Base Configuration: 10 on hoard 1 GbE copper interface. 8GB Memory. 1 CBS -ENT -SS- Check Point - Enterprise Premium Support -Includes Software updates and direct 7 x E 13,158.00 $ 13,158.00 PREMIUM 24 Phone support with a (30) minute response time for 3 years 1 CPAPSG5600- Checkpoint- 5600 Next Generation Threat Prevention 8 SandBlastTM (NGTX) $ 15,136.00 E 15.136.00 NGTX-HA Appliance for High Availability CBS-ENTSS- Check Point -Enterprise Premium Support - Includes Software updates and direct 7 x E 10,526.40 $ 10,526.40 1 PREMIUM 24 Phone support with a (30) minute response time for 3 yearn NGTP Subscriptions for years 2 & 3 CPSB-NGTP- Check Point - Next Generation Threat Prevention Package for 2 years for 5600 1 Appliance -Includes: IPS, Application Control, URL Filtering, AnllSpam, Anti -Virus E 14,107.50 f 14,107.50 5600-2Y and Anti-Bot blades CPSB-NGTP- Check Point -Next Generation Threat Prevention Package for 2 years for 5600 1 5600.2Y-HA Appliance -HA -Includes: IPS, Application Control, URL Filtering, Anti -Spam, And- $ 11.286.00 $ 11.286.00 Virus and Anti -Sot blades Mobile Access Blades with 3 veers of support 1 CPSB-MOB-50 Check Point - Mobile Access Blade for 50 concurrent connections 3 1,232.00 S 1,232.00 CBS-ENTSS- Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x 1 PREMIUM 24 Phone support with a (30) minute response time for 3 years E 1,3Bfi.00 f 7,386.00 133 35 tf CPSB M 8.50_ Check Point - Mobile Access Blade for 50 concurrent connections HA $ 861.00 $ 861.00 HA 1 CBS -ENT -SS- Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x $ 1.180.80 $ 1,180.80 PREMIUM 24 Phone support with a (30) minute response time for 3 years §mdnalnt Manasremeat and Total SecurW Bundle for 100 devices for !veer 1 CPSB-EP-TS- Check Point- Endpoint Management and Total Security Bundle for 100 devices for 1 $ 3,875.85 S 3,67525 SMB-Stan400 year nmdm Compugtdp - Senior Security Engineer - Daily Rate (based on 8 hour day) On -site 7 SEC4NSTALL services for Implementation and basic knowledge transfer- project Is estimated to $ 1,300.00 $ 9,100.00 take 7 days 1.) Price does not Include local Was 2.) Our terms are Net 30 Auftriwd Sim i rdic Dam Acupoed by: Name - Tide Dal= 36 Quotation Sub -Total $ 108,923.80 Freight 29L12 .Quotation T $ 109A15.92 134 gsE I NEIGHBORSwENaiasI AaNALDCOm trjh,1;4 ATA I H W Dnen 7 u ( CITY OFSOUTR MIAAD COURTESY NOTICE. NarIM IN mEXFJIa' nor the ft0tr Cumruvim M lk C'4y nfSwih Maori Florid. xis tnmnr hNii. NutNN•) ae nt ngnW t1n rnvw,xrvn n rdvg vk.kkj err TNa n Notrnxn IL aNll arpuiM v I Ja M, went ra, (iimiaiv Cnldn< tlMsma Dnw. Nmukk, aalnl..vwg,�eMa A Rem4arnmrhnuivR:k Caosl aNPr nmlm, nga,a'n MdWt nl ReCnv vMR C SPrwm by ARMIN,mm:luranr av CTnMswWre pvrth,n:ata:-vnJe JM wrinat ml tnin, old ahxuur metarm tNh San lua,urinml Crm-m uMned rramrvr frN NmiyJr.:Mrvsx a NRP:Aai era, do awr.r N.rirv6rnrr.. Nn 4'!0.rxtlsq^. �A Reftlg.WM. vq M 0,, Nwya ur purb,e CI I PUN N ,Ins nut. i MNNre Imm t'nn n,p Ta1n,L.a,tt. LLC'. a a._'vJ roll+ rJ CTN Pml LTn. ft-0. a iarreail rN 1st F9, .A AisrkM, Cbwm Nn. maaHur9l`l. M DrA.armnkrAN: W ),knout Cotk. Arick Whubn]ab 1. wJ,Idt, 111s4k Pnnimw n, derutik I,Nn1 r urt'ar s. ;lx•M rk,,NNN rtyratagn. Ark m:r C Nvn, n An Mdvgmr wrv4 aM ahwdmul a rwnm rf sa, u send nett het JntrirW in a had Mil Minn.IAtrnn .1j'. IN tornlxiaiu.:rlahnr an M.N.Nnial an'... MDKINace amJugsnmn:M l nede Mr.v s,wd Mum tminr.eaw,rcv: r..k. N, 3tamecMt col e: nvNs'Nrnenrn,'14 its mvmnnmrtnxna tmrk rave, S.A M0M.rood..,ca. (2lef1.Mik I, geJiro aa.) Ica/. (l) riot) It); mJ:. In ry ll an a Pia LIMN. of 1rr •.'MraJ N AN rryuixnimnl'.at.mha M:tme Att DNA.. N,nelnrek CNeof t.aa, AN— Wda unrvm: ANkk Vl. snukn M E,IIlq ra, INnin Mndc hn, o eevrkuwoflk rimn.,D amJ v,W.ik arvaJ h,WlttLd Au.iunrn'dn NR . setYM a,rtked Md.,a k nqN fnr limhrf infalvuav>l I NtNmlk CLr Cher Gaut m Imalds 1,140 Mom M. hkn-akt ❑al no M4 mrfw.a4jaw:NnX'r..ne4r.N+'.nreru, Rtkm x.Mh,.rTvrmnr...nRd.'n .n Nee w..M V I.,mNnYa.y>+r w.NaW.owl.iSl.nN.r.,..Abh.d.,vra....WUJrytiM v.. . u...nu�relu �.a..n+ r,.w..u...,..u.:w,.r..'�.....w...».w..t: vl.....e.r..+ CRIME WATCH Miami -Dade Police offer tools to cut crime aT LAMM8N 40NTf,LPZ CAEOWELh Sprndld TAt Miann Iimald This week 1 want to sham 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 (Co n- munity an Patrol) Opp, a great tool for reporting everything from crimes to suspicious incidents. lust go to Apple or Android app store and search for Com- munity an Patrol. MIAMI-DADE COUNTY SEXUAL OFFENDER B PREDATORSEARCH Any Florida resident who has been convicted of a sexual offense (including anyone convicted in another state) mutt register ss a sexualoffenderwiththe office of the local sheriff. In the ma of Miami -Dade County, that is the Miami - Dade Police Department. Serval offenders must dis. close where they live, and mtut notify the police when they relocate. This broom. Miami -Dade Police: s new Community on Patrol cellphone app. tion is entered into the Sexual Predator/Offender database of the Florida Department law Enforce- ment. Members of the pub- lic can search this database at http://guvnbmsiami dade.gov/sexoffenders/and determine whether they or their children, in their rou- tine activities (walking from the bug stop, biking to a friend's house, or going to the mail) are likely to en- counter these offenders. MIAMI-DADE COUNTY'S CRIME VIEW COMMUNITY Miami -Dade C nonry's Crime View Community Le an online tool at http://www.crime mapping.cmn/map/n/ mlami-dedecounty, which residents can use to keep themselves informed about crime in the areas of interest to them, rush as near their home, business or other places they frequent. Users can sign up to m- cefve automated email alerts About recent criminal events in specific areas. While this online tool works in all areas of unincorporat- ed Mlami-Dade, it doegin't work in some of the munici- Frigates. Residents should check with their local gov- moment to see if a similar service is offered by that municipality. HOMICIDE BUREAU — COLD CASE SQUAD Advances in technology and forensics have given a boon to the work or Miami - Dade Police's Cold Cue Squad. However, despite scientific advances and the work: of these detectives, there an about 7,DO0 cold cases that remain unsolved. Maybe you knew something that Can help solve one of these crimes. To learn about these cases, go onlim, to dRd://WMWolim/c dade.gov/perhaps ld- you help in Perhaps you as helpbes of these icthe families of these victims. MIAMI-DADE POLICE ON SOCIAL MEDIA Follow MDPD on Twit- ter at httpr..//twitter.cmn/ MiamiDader'D and visit the department on YouThbc at WWw.youmbe.com/wer/ mdpdmedia. Carina, Caldwell is execuriw dtricror of CitiunP Crime Watch of Miami -Dade. Send feedback and nrrvs for dliscohrmn to carmenCDcfdxenscrime Namc Org, or call her at 305-470-1670. 135 MIAMI DAILY BUSINESS REVIEW Pubbshed DaRy except Saturday. Sunday and Legal Holidays Miami. Miami -Dade County. Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared OCTELMA V. FERBEYRE, who on oath says that he or she is the VICE PRESIDENT. Legal Notices of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper. published at Miami in Miami -Dade County. Fbdda; , that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of 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 Afftant 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 Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in t said new per. Sworn to and subscribed before me this 4 day of NOVEMBER. A.D. 2016 (SEAL) OCTELMA V. FERBEYRE personally known to me 00 0 eve ° Y t :� m 0 ;mow p° g ;ta10 m gym: S 0. Bonaoa �c� �L�'••?0y Fatn� 4 .00 eve A,�,�� t000111 eny OF SOUTH muml NOTICE OF PUSUC HEMNa NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s)a 2 t 6' � � Co 00 p.m , mission meeting scheduled for Tuesday,•Navember In the City Commission Chambers, 6130 Sunset Drive, to 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 Miiccro oft 365 software and enter Into a licensing agreement w HI International Corp., an authorized contractor for Microsoft, through a piggyback with the State of Florida Contract No. 4320000-15-02. A Resolution authorizing the CRY Manager to Pi Mhase Check Point firewall software appliance from Compuqulp Tedtcrotogies, LLC, an authorized reseiler of Check Point LTD, through a piggyback. with the State of Maryland Contract No. 060B2490022. 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, includng 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, Chapter 2, Article 1, Section 2-2.1 (B), (C) and (C)1 andf2 to modify the capitalization of key words and to add -requirements for Sunshine Meetings. An Ordinance anwinding the City of South Miami Land'Development Article VI, Section 20-6.1(B) (4) (a) m to provide for a recommendation of the Planning Board when the Board is deadlocked. ALL interested parties are invited to 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 1s-133ro0oo,sa'136