1Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: December 1, 2020
Submitted by: Steven Kulick
Submitting Department: Finance Department
Item Type: Resolution
Agenda Section:
Subject:
A Resolution authorizing the City Manager to purchase annual maintenance and support renewal agreements
for the Check Point firewall software appliances for the City and South Miami Police Department and to execute
Amendment No. 4 to the City’s piggyback agreement with Compuquip Technologies, LLC. 3/5 (City
Manager-Finance Dept.)
Suggested Action:
Attachments:
CM Memo Maintenance & Support Renewal 11.13.20.docx
Res CompuquipAmendNo4CArev.docx
Amendment No 4 toCompuquipKCArev.docx
Res No 228-16-14783.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
FROM:Shari Kamali, City Manager
DATE:December 1, 2020
SUBJECT:A Resolution authorizing the City Manager to purchase annual
maintenance and support renewal agreements for the Check Point
firewall software appliances for the City and the South Miami Police
Department onto a piggyback agreement with Compuquip Technologies,
LLC.
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.
Miami-County ITD has reviewed the maintenance and renewal
agreements and approved the City to proceed with the purchase. The
purchase will be made through a piggyback agreement from the State of
Maryland agreement “Hardware and Associated Equipment & Services
Contract No. 060B2490022, under the authority of Resolution 228-16-
147783 whereby Compuquip Technologies, LLC is an authorized reseller
for Check Point.
ACCOUNT:The expenditure of $54,231.92; ($42,882.84, City and $11,349.08, Police)
shall be charged to the Fiscal Year 2020-2021 Internet Maintenance
account number 001-1340-513-4634 which has a proposed balance of
$138,443.11 before this request was made.
ATTACHMENTS:Resolution
Amendment No. 4 to Piggyback Agreement
Resolution 228-16-147783 Piggyback Contract, Compuquip Technologies
2
Page 1 of 2
RESOLUTION NO: _______________1
A Resolution authorizing the City Manager to purchase annual maintenance and 2
support renewal agreements for the Check Point firewall software appliances 3
for the City and South Miami Police Departmentand to executeAmendment No. 4
4 to the City’s piggyback agreement with Compuquip Technologies, LLC.5
WHEREAS, the City and the South Miami Police Department previously installed 6
the Check Point firewall appliances and were placed into service by the City’s IT provider, 7
Miami-Dade County ITD; and8
WHEREAS, Miami-Dade County ITD determined that the South Miami Police 9
Department must be isolated onto a dedicated and separate firewall in order to comply 10
with new U.S. Department of Justice, Federal Bureau of Investigation (FBI) and Criminal 11
Justice Information Services (CJIS) Division security policies; and12
13
WHEREAS, the purchase will be made through and amendment to the piggyback 14
agreement with Compuquip Technologies, LLC, an authorized reseller for Check Point, 15
through a State of Maryland agreement “Hardware and Associated Equipment & Services 16
Contract No. 060B2490022, under the authority of Resolution 228-16-147783; and17
WHEREAS, the combined cost for the Maintenance and Support Renewal 18
Agreements for the City and South Miami Police Department shall not exceed$54,231.92; 19
($42,882.84, City and $11,349.08, Police) shall be charged to the Fiscal Year 2020-2021 20
Internet Maintenance account number 001-1340-513-4634 which has a proposed 21
balance of $138,443.11 before this request was made.22
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY 23
OF SOUTH MIAMI, FLORIDA.24
Section 1.The foregoing recitals are hereby ratified and confirmed as being true 25
and correct and are hereby made a specific part of this resolution upon adoption hereof.26
Section 2. The City Manager is authorized to purchase annual maintenance and 27
support renewal agreements for the Check Point firewall software appliances for the City 28
and South Miami Police Department onto to a piggyback agreement with Compuquip 29
Technologies, LLC through a State of Maryland agreement “Hardware and Associated 30
Equipment & Services Contract No. 060B2490022. A copy of the Amendment to the 31
Piggyback Agreement is attached.32
Section 3.Corrections. Conforming language or technical scrivener-type 33
corrections may be made by the City Attorney for any conforming amendments to be 34
incorporated into the final resolution for signature.35
36
3
Page 2 of 2
Section 4. Severability. If any section, clause, sentence, or phrase of this 1
resolution is for any reason held invalid or unconstitutional by a court of competent 2
jurisdiction, this holding will not affect the validity of the remaining portions of this 3
resolution.4
Section 5. Effective Date: This resolution will take effect immediately upon 5
enactment.6
PASSED AND ADOPTED this ___ day of __________, 20207
8
ATTEST:APPROVED:9
10
11
_____________________________________________________12
CITY CLERK MAYOR13
14
15
COMMISSION VOTE:16
READ AND APPROVED AS TO FORM,17
LANGUAGE, LEGALITY AND EXECUTION Mayor Philips:18
EXECUTION THEREOF Vice Mayor Welsh:19
Commissioner Harris:20
_______________________Commissioner Liebman:21
CITY ATTORNEY Commissioner Gil:22
23
24
25
26
4
PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED
EQUIPMENT & SERVICES
Amendment No. 4
THIS AMENDMENT made and entered into this 1 day of December, 2020 by and between the
City of South Miami, a Florida municipal Corporation by and through its City Manager
(hereinafter referred to as “City”) and Compuquip Technologies, LLC, (hereinafter referred to
as “Contractor,” an authorized reseller for Check Point, LTD.
The purpose of Amendment No. 4 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,”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 November 14, 2028. The City, at its sole discretion,
may terminate or cancel all services provided by Contractor without notice or penalty.
All other provisions of the November 16, 2016 contract between Contactor and City, as currently
amended, that are not in conflict with this amendment will remain in full force and effect. If there
is any conflict between the two documents, this Amendment No. 4 will take precedence.
IN WITNESS WHEREOF, and as the duly authorized agent or representative of the
parties, the undersigned have caused this instrument to be signed on or before the day and year
first above written.
Compuquip Technologies, LLC:
By:________________________
________________________
(type name and title of signatory above)
5
ATTEST:CITY OF SOUTH MIAMI
By: ____________________________ By: _________________________
Nkenga A. Payne, CMC Shari Kamali
City Clerk City Manager
Read and Approved as to Form,
Language, Legality and Execution
Thereof.
By: _____________________________
Thomas F. Pepe
City Attorney
6
EXHIBIT 1
PIGGYBACK CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT &
SERVICES AS AMENDED
CONTRACTOR CHECK POINT QUOTATIONS
State of Maryland Contract #060B2490022-2015
7
RESOLUTION NO:228-16-14783
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 City's interest
to transition to a new firewall protection software;and
WHEREAS,ITis 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.060B2490022-
2015 for an amount not to exceed $109,683.
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.
Page 1 of2
8
Res.No.228-16-14783
Section 3. Effective Date:This resolution shall take effect immediately upon
enactment.
PASSED AND ADOPTED this J_5 day of November ,2016
ATTEST:
READ AN ORM,
CUTION
APPROVED:
MAYOR
COMMISSION VOTE:5-0
Mayor Stoddard:yea
Vice Mayor Welsh:yea
Commissioner Harris:yea
Commissioner Liebman:Yea
Commissioner Edmond:Yea
Page 2 of2
9
wm;<South'Miami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To:
From:
Date:
Subject:
Background:
The Honorable Mayor &Members of the City Commission
Steven Alexander,City Manager
November 15,2016 Agenda Item No.:
A Resolution authorizing the City Manager to purchase Check Point
firewall software appliance from Compuquip Technologies,LLC an
authorized reseller of Check Point LTD,through a piggyback with the
State of Maryland Contract No.060B2490022-2015.
The City currently utilizes Barracuda firewall appliance and software
which has been analyzed by the City's IT provider,Miami-Dade County IT.
IT has determined the current firewall does not provide sufficient
protection against cyber threats to the City's network and sensitive data.
The selected firewall will be used to replace the current Barracuda
appliance and software.The Checkpoint firewall provides additional
capacity for future growth and additional features not supported by the
Barracuda firewall and will also replace the Barracuda Content filter.
A brief summary of the additional security features within Check Point is
included below:
•Secure connectivity for remote end users (non PD)and business to
business connections.
•Capability to detect and stop communications of infected City
systems withcommand 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.
10
hhTMi:
CITY OF SOUTH MIAMI
C ^i i4-UVlV A\^rv^'i OFFICE OF THE CITY MANAGER
jOUtn iVl IdlTlI INTER-OFFICE MEMORANDUM
THE CITY OF PLEASANT LIVING
By installing Check Point the City will be on the same firewall platform as
the County and therefore will allow IT to effectively monitor cyber threats
to the City's network and sensitive data.
The purchase will be made through a piggyback agreement with
Compuquip Technologies ILC,an authorized reseller of Check Point LTD,
through a State of Maryland agreement "Hardware and Associated
Equipment &Services:Contract No.060B2490022-2015.
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
11
CONTRACT FOR HARDWARE AND ASSOCIATED EQUIPMENT &SERVICES
TfflS AGREEMENT made and entered into this J£_day 0f November m2Q16 by
and between theCity of South Miami,a Florida municipal Corporation by and through itsCity
Manager (hereinafter referredto as "City")and Compuquip Technologies.LLC,anauthorized
reseller for Check Point,LTD and a vendor on the Hardware and Associated Equipment &
Services Contract through the State of Maryland Contract No,060B2490022-2015.
(hereinafter referred to as "Contractor"^.
WITNESSETH:
WHEREAS,the contract was competitively solicited by the State of Maryland
pursuant to RFO No,060B2490022-2015.and Contract No.060B2490022-2015 for
Hardware and Associated Equipment &Services,and after completing a competitive
bidding process, awardeda contract to Contractor;and
WHEREAS,the City of South Miami desiresto utilize the State of Maryland
Contract No,060B2490022-2015 for Hardware and Associated Equipment &Services
and pursuantto authority of the City of South Miami's Charter.
NOW,THEREFORE,the City andthe Contractor,eachthroughtheir authorized
representative/official,agree as follows:
1. The City desires to enter into a Contract,underthe sameterms and
conditionsas set forthinthe solicitationandthe agreementbetween the Contractorandthe
contract for Hardware and Associated Equipment &Services Contract from the State
of Maryland Contract No.060B2490022-2015,
2. The City hasreviewedthe contract andagreesto the terms andconditionsto
be applicable to a purchase order tobe issued bytheCity and further agrees tothe fair and
reasonableness ofthe pricing.Contractor hereby agrees to providesuchgoods and/or
services,pursuant totheCity's purchase order made during the term ofthis agreement,under
the same price(s),terms and conditions as found inthe solicitation documents and the
response tothe solicitation,pertinent copies of which are attached hereto asAttachmentA
and made a part hereofby reference,and the agreement and/or the award between the,acopy
of which,including any amendments and addendums thereto,is attached hereto and made a
part hereofby reference.
3.All references in the contractbetween the Contractorandthe State pf Florida
competitively solicited by theState of Maryland pursuant to RFONo.060B2490022-2015.
and Contract No,060B2490022-201S.for Hardware and Associated Equipment &
Services Contract:and the State of Maryland through RFO No,060B2490022-2015.and
Contract No,060B2490022-2015 andContractor,shallbe assumed to pertainto, andare
binding upon Contractor andtheCityof South Miami.All decisions that are to be made on
behalf ofthe between die Contractor andthe State of Florida competitively solicitedby the
State of Maryland pursuant to the Hardware and Associated Equipment &Services
Contract:and the State of Maryland through RFO No.060B2490022-2015.and Contract
No. 060B2490022-2015and its agreementwith Contractor,shallbe made by the City
Thomas F. Pcpc -01-11-16
Page 1 of6
I
12
Manager fortheCity of South Miami.Theterm ofthe contract,including allextensions
authorized bythe contract shall not exceed five years.Notwithstanding anything contained
in the ITNand Contract or the Hardware and Associated Equipment &Services
contract andthe State of Maryland through Contract No,060B2490022-2015 to the
contrary,this agreement shallbe governed by the laws of the State of Florida andvenue for
alldispute resolutions or litigation shallbe in Miami-Dade County,Florida.
4.Scope of Goodsand Services. The scope of goods and services are set forth
in the attached Attachment A.
5.Contract Price. The contractpriceforthe goodandservicesis set forthin
the attached Attachment B.If not otherwise set forth in the Hardware and Associated
Equipment &Services contract andthe State of Maryland through Contract No.
060B2490022-2015 Agreement/Contract the Contractor shallbe paidupon delivery of all
the goods,the completion of allthe servicesandafterfinalinspectionby the City that
approves ofthe goods delivered andthe work performed.
6.Grant Funding: This projectisbeingfundedN/A and Contractor agreesto
complywith allthe requirements ofthat Grant,applicable tothedelivery ofthe goodsand
services that are the subject ofthisAgreement,andthat are withinits powerto provideand
to provide all die documentation withinits control thatis required for the Citytobeableto
recoverthe contract price pursuant tothe terms of the grant.A copy of the grant is attached
heretoand made a part hereof by reference.
7) Public Records: CONTRACTOR and all of its subcontractors are required to
comply withthe public records law (s.l 19.0701)while providing goods and/or services onbehalf
oftheCITY 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 die public agency with a copy of the requested records or allow the
records to be inspected or copied within a reasonable time atacostthatdoesnotexceedthe cost
provided inthis chapter oras otherwise provided by law;(c)Ensure that public records that are
exempt or confidential and exempt from public records disclosure requirements are not disclosed
except as authorized by law for the duration of the Contract term and following completion of the
Contract if CONTRACTOR does not transfer the records to the public agency;and (d)Upon
completion of the Contract,transfer,at no cost,to the public agency all public records in
possession of CONTRACTOR or keep and maintain public records required by the public agency
to perform the service.If CONTRACTOR transfers all public records to the public agency upon
completion of the Contract,CONTRACTOR shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements.If
CONTRACTOR keeps and maintains public records upon completion of the Contract,
CONTRACTOR shall meet all applicable requirements for retaining public records.All records
stored electronically must be provided to the public agency,upon request from the public
agency's custodian of public records,in a format that is compatible with the information
technology systems of the public agency.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTORS
Thomas F.Pepe-01-11-16
Page 2 of6
2
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DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT,CONTACT THE
305-663-6340;E-mail:
South Miami,FL 33143.
8.Waiver Jury TriaH:City and Contractor knowingly,irrevocably voluntarily
and intentionally waiveany right either mayhavetoa trial byjury in State or Federal
Court proceedings in respect toany action,proceeding,lawsuit or counterclaim arising
out ofthe Contract Documentsorthe performance of theWork thereunder.
9.Validity of Executed Copies: This agreementmaybe executed in several
counterparts,each of which may be construed asan original.
10.Attorneys'Fees and Costs:Inthe event of any litigation between the parties
arising out of orrelatingin any way to this Agreementora breach thereof, eachpartyshall
bearitsown costsandlegalfees. Nothing contained herein shall preventor prohibit the right
to beindemnified forany attorneyfees incurred inthe defense of anactionby apersonor
entity who is not a partyto this Agreement.
11.Severability:If any term or provision of this Agreement orthe application
thereof to any personor circumstance shall,to any extent, be invalid or unenforceable, the
remainder of this Agreement, orthe application of suchterm orprovisionto personsor
circumstances other than those to which it is held invalid or unenforceable,shall not be
affected thereby and each term and provision ofthis Agreement shall be valid and
enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF,andasthe duly authorized act of the parties,the undersigned
representatives of the partiesheretohave causedthis instrumentto be signed in their respective
namesby their properofficials on orbeforethe day and yearfirstabove written.
Compuquip Technologies,LLC
By:Sa^Iy*],
Ivan Rezvoy Director of Finance
(Type name and title of signatory above)
OF PUBLIC RECORDS AT
.gov;6130 Sunset Drive,
Nfiaria M.MefieniezrCMC
City Clerk
CITY OF SOUTETMiAMI
Thomas F.Pepe-01-11-16
Page3 of6
teven Alexander
lty Manager
14
Read and
Language,
Thei
Thomas F.Pepe^
City Attorney
Thomas F.Pepc-01-11-16
Page4 of6
15
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
16
DEPARTMENT OF INFORMATION TECHNOLOGY (DoIT)
Hardware and AssociatedEquipmentandServices
060B2490022-2015
THIS CONTRACT (the "Contract")is made this 2JT day ofZu&bf 20 K%y and between
Compuquip Technologies and, on behalf ofthe STATE OF MARYLAND,the MARYLAND
DEPARTMENT OF INFORMATION TECHNOLOGY (DoIT).
IN CONSIDERATION ofthe following,the parties agreeasfollows:
1.Definitions
In this Contract,the following words havethe meanings indicated.
1.1."COMAR"meansthe Code of Maryland Regulations.
L2.Contract"meansthis contract for Hardware and Associated Equipment andServicesandrelated
installation,training,and maintenance services.Exceptas otherwise provided,any reference to
the Contract shallbedeemedto include reference to a Purchase Order(PO).
1.3."ContractManager"meansthe individual identifiedinSection 1.6 oftheRequest for Proposals
(RFP),orasuccessor designated by the Department.
1.4."Contractor"means compuquip Technologies,llc whose principal business address is:
2894 MW 79th ave«,Doral FL 33122 .
1.5."Department"meansthe Department of Information Technology (DoIT).
1.6."eMM"means eMaryland Marketplace.
1.7."Financial Proposal"means the Contractor's financial proposal dated 02/19/16.
1.8."Hardware andAssociatedEquipmentandServices"meansthose services describedin Section2
ofthe RFP.
1.9."Installation"means transferring manufacturer's electronic media to computer systems so that the
Hardware and Associated Equipment andServices will provide the features and functions
generally described in the user documentation.
1.10."Minority Business Enterprise"(MBE)means an entity meeting the definition at COMAR 21.0
1.02.01B(54),which is certified bythe Maryland Department of Transportation under COMAR
21.11.03.
1.11."Procurement Officer"meansthe person identifiedinSection 1.5 of theRFPora successor
designated by theDepartment
1.12."Proposal"means,as appropriate,either or both theContractor's Technical orFinancial Proposal.
1.13."Purchase Order"or"PO"means the authorization for Contractor to proceed with delivery of
products and/or anyservices requested viaa PORFP,
1.14."PORFP"means Purchase OrderRequestfor Quotation.
1.15.<cRequesting Agency"means the unit of the State government issuing the PORFP.j
1.16."RFP"means the Request for Proposals for Hardware and Associated Equipment and Services
No.060B2490022-2015 and any amendments thereto issued in writing bythe State.
17
1.17."Sensitive Data"meansany personally identifiable information (PU),protected health
information(PHI) orother private/confidentialdata.
1.18. "Software"meanstheobjectcodeversionofcomputerprogramslicensedpursuantto this
Contract Embeddedcode,firmware,internal code,microcode,and anyothertermreferringto
softwarethat is necessaryfor proper operationis included In this definition of Software.
Software includes all prior, current, and futureversions of the Software and all maintenance
updatesanderror corrections."Software"alsoincludesanyupgrades,updates,bugfixesor
modifiedversionsor backupcopies of theSoftwarelicensedtothe Stateby Contractoror an
authorized distributor.
1.19."State"means the State ofMaryland.
1.20."Technical Proposal" means the Contractor's technical proposal dated .
1.21.Capitalized terms not definedherein shall beascribedthe meaning given to them in the RFP.
2.Scope of Contract
2.1. The Contractorshall provide Hardware andAssociated Equipmentand Services,installation
and/or training,and/or manufacturer's extendedwarranty, asdescribed in a PORFPorPO, in the
followingfunctionalarea(s):
FA 3 -Network Communications Equipment
FA 4 -Installation &Training Services
2.2.These products and services shallbe provided in accordance withthe terms and conditions ofthis
Contractandthe following Exhibits,whichareattachedand incorporated hereinby reference.If
thereareany inconsistencies between this Contract andthe accompanying Exhibits,thetermsof
thisContractshallcontrol.If thereis anyconflictamongtheExhibits,the following order of
precedence shall apply:
Exhibit A-The RFP
Exhibit B- The Contract Affidavit dated Q6/21/2016
Exhibit C -The Technical Proposal.
Exhibit D -The Financial Proposal
2.3 A PORFP mayspecify terms in addition tothe terms specified herein,including warranties,
deliverables,andacceptance test requirements.PORFPs,POs and Reference BPOs maynot limit
theState'srights as provided by law,in this Contract,orintheRFPandmaynot change the
termsof,or conflictwith,this Contractoranyof its Exhibits.
3.Period of Performance
3.1.The Contract shallbefora period of12 years beginning July 5,2016 and ending onNovember
14,2028.
3.2.Audit,confidentiality,document retention,patents,copyright,intellectual property,warranty,and
indemnification obligations underthis Contract andanyother obligations specifically identified
shall surviveexpiration or termination oftheContract.
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4.Consideration and Payment
4.L In consideration ofthe satisfactory performance of the Contractand any PORFP and/or PO, the
Statewill promptlyprocessa properinvoicefor paymentinaccordancewiththeterms of this
Contract.
4.2. Thetotal payment forproducts and servicesprovided underafixed price PO or the fixed price
element ofa combinedfixedprice- timeandmaterialsPO,shallbe the firmfixedprice
submittedby the Contractor in itsquotationor proposal submitted in response toa PORFP,
regardless of the actual cost to the Contractor.
4.3. POsthatincludeatimeandmaterialselementshall include a not-to-exceed (NTE)ceilingfor
payments.For timeand materialsPO, orPOs whichincludebothfixed priceandtime and
materialselements,totalpaymentstotheContractorforthetimeand materialsportionmaynot
exceed the identified PONTE amount.The Contractor shall notifythe Contract Manager,in
writing,at least60daysbeforetimeandmaterial obligations areexpectedtoreachthe PONTE
Amount.TheContractorshallhaveno obligation to perform thetime andmaterials requirements
underthisContractafterpaymentsreachthePONTEAmountThe cessationofthe Contractor's
obligation to perform underthis paragraph 4.3is expressly conditioned onthe following:that
priortothePONTEAmount beingreached,the Contractor shall:(i)givethe notice required
underthis paragraph 4.3;(ii)promptly consult withthe Requesting Agency and cooperate ingood
faithwithfee Requesting Agencyto establish aplanof action toassurethatevery reasonable
efforthasbeen undertaken bythe Contractor to complete critical workin progress priortothe
datethePONTE Amount willbe reached;and(iii)secure databases,systems,platformB and/or
applications on which the Contractor is working sothatno damage or vulnerabilities toanyofthe
samewillexistduetoanysuch unfinished work.Anywork performed bythe Contractor in
excess ofPONTEamount without thepriorwritten approval ofthe Contract Manager isatthe
Contractor'sriskof non-payment.
4.4.Invoices shall be submitted as specified ina PORFP.Invoices that contain both fixed price and
timeand material items must clearly identify the items as either fixedpriceortimeand material
billing.Each invoicemust include the Contractor's FederalTaxIdentification Number: 59-
2189948.The Contractor's eMM identification number is 00029904.Payments tothe Contractor
pursuant tothisContract shall be made nolaterthan 30 days after the Requesting Agency's
receipt ofa proper invoice from the Contractor.Charges for late payment of invoices other than
as prescribed byTitle15,Subtitle 1,oftheStateFinance and Procurement Article,Annotated
Code of Maryland,as from time-to-time amended,are prohibited.The final payment under a
PORFP will notbemade until after certification is received from the Comptroller ofthe State that
all taxes havebeen paid.
4.5.In addition to any other available remedies,if,in the opinion offee Procurement Officer,the
Contractor fails to perform ina satisfactory and timely manner,then Contractor willbe notified
andprovideda timespecifiedby the Stateto cure the breach.Iffee breachis notcured withinthe
time specified within the notification,the Procurement Officer may refuse or limit approval of
any invoice for payment,andmaycause payments tofee Contractor to bereducedor withheld
until such time as the Contractor meets performance standards as established bythe Procurement
Officer.
4.6.PORFPs may specify periodic payments based on deUverables or stages of completion.A
PORFP may further specify thata portion offee payments due willbe withheld until completion
ofthePO.The amount withheld from each payment shall be paid tothe Contractor within thirty
(30)days ofthe State's acceptance of all deliverables required under thePO and receipt from the
Contractor ofa release ina form prescribed bytheState for any claims arising outofor related to
the PORFP.
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4.7.Payment of aninvoiceby the Stateisnotevidencethat services were rendered as required under
this Contractorany applicable PORFP.
5.Patents,Copyrights,Intellectual Property
5.1.If the Contractor furnishes any design,device,material,process,orotheritem,whichiscovered
by apatentorcopyright,orwhichis proprietary tooratradesecret of another,the Contractor
shallobtainthe necessarypermissionorlicenseto permitthe Stateto use such item oritems.
5.2.Except as provided in Section 5.4 of this Contract,the Contractor agreesthat all documents and
materials,includingbutnot limitedto,reports,drawings,studies,specifications,estimates,tests,
maps, photographs, designs, software, graphics,mechanical, artwork, computations anddata
prepared by or forthe Contractor for purposes of thisContract("Work Product")shallbecome
andremainthe sole and exclusive property of the Stateand shallbe availableto the Stateatany
time. The State shall have fee rightto usethe same without restrictionandwithout compensation
to fee Contractorotherthan thatspecifically providedby this Contract.
5.3. Except as providedin Section 5.4 of this Contract,theContractoragreesthatatall times during
the term of this Contract and thereafter,Work Product shall be "works made for hire" as feat term
is interpretedunderU.S. copyrightlaw andshallbe owned by the State.Ownership includes fee
rightto copyright, patent,register,andfeeabilityto transfertheserightsandallinformationused
to formulate such Work Product. In the event any Work Product is or may not be considered a
work made forhireunder applicable law,Contractor assignsandtransfersto the Statetheentire
right,title,and interest in andto allrightsin feeWork Product andany registrations and
copyrightapplications relatingthereto andany renewals andextensions thereof.Contractor shall
execute alldocuments andperformsuchotherproperactsas the Statemay deem necessaryto
secure forit the rights pursuantto this section.
5.4. Notwithstandinganything to fee contrary inthis Contract,to feeextent (i) feeWork Product
incorporates any commercial-off-the shelf software (COTS)and/or any Pre-Existing Intellectual
Property or(ii)anyCOTS and/or Pre-Existing Intellectual Property (other thana computer's
operating system,supported internet browser,browser accessibility software or hardware if
needed by fee user,and software required to access a commonly-available data transmission tool
or export format)is required to access,install,build,compile or otherwise usetheWork Product
(such COTSandPre-Existing Intellectual Property individually and collectively referred to herein
as "Third-party Intellectual Property,"which shall bethesole property of Contractor orits third-
party licensors,as applicable),Contractor hereby grants tothe State,onbehalfof itselfand any
third-party licensors,a royalty-free,paid-up,non-exclusive,unrestricted,unconditional,
irrevocable,worldwiderightand license,withtherighttouse,execute,reproduce,display,
perform,distribute copies of internally,modify and prepare derivative works based upon,such
Third-party Intellectual Property asmaybe necessary for the State tousefeeWork Product for
fee purposes for which such Work Product was designed and intended."Pre-Existing Intellectual
Property5'means anyprogram,utility ortool owned by Contractor orits third-party licensors that
was created by Contractor orits third-party licensors independently from its performance ofthis
Contract andnot solely using fundsfromthis Contract.
5.5.Subject totheterms of Section 6,Contractor shall defend,indemnify,and hold harmless fee
State,including,butnot limited to,the Department or Requesting Agencyandits agents,officers,
and employees,from and against any and all claims,costs,losses,damages,liabilities,judgments
andexpenses (including without limitation reasonable attorneys'fees)arising outoforin
connectionwith anyclaimtheWork Product orany Third-party Intellectual Property infringes,
misappropriates or otherwise violates any Third-party Intellectual Property rights.Contractor
shall notenterintoany settlement involvingthird party claims that contains any admission of or
stipulation toany guilt,fault,liability orwrongdoing bythe State orthat adversely affects the
State's rights or interests,without the State's prior written consent,which consent maybe
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withheld in fee State's sole and absolute discretion.
5.6. Except ifContractor has pre-existingknowledge of such infringement,Contractor'sobligations
underthis sectionwill not applytothe extent anyThird-partyIntellectual Propertyinfringes,
misappropriates orotherwise violatesany thirdpartyintellectualrightsasaresult of
modifications made by fee State in violation ofthe license granted to fee State pursuant toSection
5.4;providedthatsuch infringement,misappropriation orviolationwould not have occurred
absent such modification.
5.7.Without limitingContractor's obligationsunderSection 5.5,if all orany part ofthe Work
Product oranyThird Party Intellectual Property isheld,or Contractor orthe State reasonably
determines feat it couldbeheld,to infringe,misappropriate or otherwise violateanythirdparty
intellectualpropertyright,Contractor (after consultation wife fee Stateandatno cost tothe
State):(a)shall procure forthe Statethe rightto continue usingtheitemorservicein accordance
wife itsrightsunderthis Contract;(b)replace feeitemorservicewife anitem thatdoesnot
infringe,misappropriate or otherwise violateany third party intellectual property rights and,in
fee State's soleandabsolute determination,complieswiththe item's specifications asdefinedin
this Contract,andallrights of use and/or ownership set forth in this Contract;or(c)modify the
itemor service sothatitno longer infringes,misappropriates or otherwise violates anythirdparty
intellectual property right and,inthe State's sole and absolute determination,complies withthe
item's specifications and all rights ofuse and/or ownership set forth inthisContract
5.8. Except for anyPre-Existing Intellectual Property andThird-Party Intellectual Property,
Contractor shall not acquire any right,title,or interest (including any intellectual property rights
subsisting therein)inortoany goods,Software,technical information,specifications,drawings,
records,documentation,data oranyothermaterials (including any derivative works thereof)
provided by fee State to fee Contractor.Notwithstanding anything to the contrary herein,fee State
may,inits sole and absolute discretion,grant the Contractor a license to such materials,subject to
the terms of a PORFP executed bythe Contractor and an authorized representative of the State.
5.9.Wifeoutlimiting fee generaHty ofthe foregoing,neifeer Contractornor any of its subcontractors
shall useany Software or technology ina manner that will cause any patents,copyrights,or other
intellectual property which are owned orcontrolled by fee State orany ofits affiliates (or for
which the State orany ofits subcontractors has received license rights)to become subject to any
encumbrance or terms and conditions ofanythird-party or open source license (including,
without limitation,anyopen source license listed on
http://www.opensource.org/licenses/alphabetical)(each an "Open Source License").These
restrictions,limitations,exclusions and conditions shall apply even if fee State orany ofits
subcontractors becomes aware ofor fails to act ina manner to address any violation or failure to
complytherewith.Noactby fee State oranyofits subcontractors that is undertaken under this
Contract as to any Software ortechnology shall be construed as intending to cause any patents,
copyrights orother intellectual property that are owned orcontrolled bythe State (or for which
fee State has received license rights)to become subject toanyencumbrance or terms and
conditions ofany Open Source License.
5.10.The Contractor shall report to fee Department or Requesting Agency,promptly and in written
detail,each notice or claim of copyright infringement received by fee Contractor with respect to
all Work Product delivered under this Contract.
5.1L This Section 5shallsurvive expiration or termination ofthis Contract.
6.Indemnification
6.1.In addition to Contractor's indemnification obUgations described in Section 5,Contractor shall
indemnify,defend,and hold fee State,its directors,officers,employees and agents harmless from
liability for fee following conduct arising from or relating to the performance ofthe Contractor or
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its subcontractors under this Contract:(a)tangible property damage,bodily injury and death,to
theextentcausedby or contributedto by Contractor or its subcontractors and(b)fraudorwillful
misconduct of Contractor or its subcontractors.Such indemnification shah include all related
defensecosts and expensesattributabletofeeclaims of thirdparties, including,butnot limited to,
reasonable attorneys' feesandcosts of investigation,Utigation,settlement,judgments,interest
and penalties.
6.2 UponfeeState's requestof indemnification underSection5 or6,Contractorshallbe entitledto
controlfee defense or settlement of feerelevantclaimwithcounselreasonably satisfactorytofee
State. The State will: (a) provide reasonable cooperation to Contractor in connection wife the
defense or settlement of the claim, at Contractor's expense; and (b) be entitled to participate in
fee defense ofthe claim, at itsown expense.
6.3. The State has no obligation to provide legal counsel or defenseto the Contractor or its
subcontractorsin the event thata suit, claimoractionof anycharacteris broughtby any person
not party to this Contract against the Contractoror its subcontractors as a result of or relating to
the Contractor's obligations under this Contract
6.4. The Statehas no obligationfor fee payment of anyjudgments or fee settlement of any claims
againstthe Contractor or its subcontractors asa result oforrelating to fee Contractor'sobligations
under this Contract.
6.5. To fee extentpermitted by applicable law,theContractorshallimmediately notify the
Procurement Officer of any claim or suitmade or filed againstfee Contractor or its
subcontractors regardinganymatter resulting fromorrelatingtofeeContractor's obligations
underfee Contract, andwill cooperate,assist,andconsultwiththe State infee defenseor
investigation of anythirdpartyclaim,suit,oractionmade orfiledagainstfeeStateasa resultof
or relating to the Contractor's performance underthis Contract.
6.6. This Section6 shall survive expirationorterminationof this Contract
7-Limitations of Liability
Contractor shallbe liableforany lossor damage to theStateoccasionedby the actsor omissions
of Contractor,its subcontractors,agents or employees,including but notlimitedto 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
Section5 ("Patents,Copyrights,Intellectual Property")ofthis Contract;
7.2. Wifeout limitation,for damages forbodilyinjury(includingdeath)anddamageto
realpropertyandtangible personal property;and
7.3. Forall otherclaims,damages,loss,costs,expenses,suits,or actionsinanyway
relatedtothisContract where liability isnot otherwise set forthasbeing"wifeout
limitation,"and regardless offee basis on which theclaimis made,Contractor's
liability shall not exceed one (1)time the total amount ofthe PORFP outof which the
claimarises;provided however,theStatemay,initssole discretion,decrease fee
ceiling established hereunder in any PORFP issued pursuant tothis RFP.Third-party
claims arising under Section 6 ("Indemnification")ofthis Contract are included in
this limitationofliabilityonlyiftheStateis immune from UabiUty.Contractor's
liability for third-party claims arising under Section 6ofthis Contract shallbe
unlimitediftheState is not immune from UabiUty forclaims arisingunderSection6.
7.4. Inno eventshallthe existence ofa subcontract operateto releaseorreducethe
UabiUty of Contractor hereunder.For purposes ofthis Contract,Contractor agrees
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that all Subcontractors shall be held to be agents of Contractor.
8.Prompt Pay Requirements
8.1. If fee Contractorwithholds paymentof an undisputed amountto its subcontractor,the State,at its
optionand in itssole discretion,may takeoneormoreof thefollowingactions:
(a)Notprocessfurther payments to the Contractor until payment tofee subcontractor isverified;
(b) Suspendall or some of the Contractworkwifeoutaffectingfee completiondate(s) for fee
Contract work;
(c) Pay or cause payment of the undisputed amount to the subcontractor from monies otherwise
due or feat may become due to the Contractor;
(d) Placea paymentforanundisputed amount inan interest-bearing escrow account;
(e) DefaultContractorforfailingto performinaccordancewithfeerequirementto promptly pay
subcontractors;or
(f) Takeotheror further actionsas appropriateto resolvethe withheld payment
8.2. An "undisputedamount" means an amountowedby the Contractorto a subcontractor for which
thereisno goodfaith dispute.Such "undisputed amounts"include(a) retainagewhichhadbeen
withheldand is,by theterms of the agreement betweenfeeContractorandsubcontractor,dueto
be distributed tothe subcontractor and(b)anamountwithheld because ofissuesarisingoutofan
agreement or occurrenceunrelated to fee agreementunderwhich fee amount iswithheld.
8.3. Anact,failuretoact,or decision ofa Procurement Officerora representative offee Department
or Requesting Agency concerning a withheld paymentbetween the Contractor and subcontractor
under thisContract, may not:
(a)Affect therightsofthe contracting parties underanyotherprovision oflaw;
(b)Be used as evidence onthe merits ofa dispute between fee Department or Requesting Agency
andtheContractorinanyother proceeding;or
(c)Result in UabiUty against or prejudice the rights of the Department or Requesting Agency.
8.4 The remedies enumerated above arein addition tothose provided under COMAR 21.11.03.13
with respect to subcontractors that have contracted pursuant tothe Minority Business Enterprise
program.
9.Risk of Loss;Transfer of Title
Risk of loss for conforming suppUes,equipment and materials specified as deUverables to fee State
hereunder shallremain withthe Contractor until fee supplies,equipment,materials andother
deliverables are received and accepted by fee State,Title ofall such deUverables passes tothe State
upon acceptance by the State.
10*Source Code Escrow
SourceCodeEscrowis notrequiredfor this Contract.
11.Loss of Data
Infee event oflossofany State dataor records where such loss isduetothe intentional act,omission,
or negUgence ofthe Contractor oranyofits subcontractors or agents,the Contractor shallbe
responsible for recreating such lostdata inthemanner and onthe schedule setbythe Contract
Manager.The Contractor shaU ensure thatall data is backed up and is recoverable bythe Contractor.
In accordance with prevailing federal or state law or regulations,the Contractor shaU report the loss
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ofnon-pubUc data as directed in Section 16.17.
12*Markings
TheContractorshall notaffix (orpermit anythirdparty to affix),withoutfee Departmentor
Requesting Agency's consent,any restrictive markings uponanyWorkProductand ifsuchmarkings
are affixed,theDepartmentor Requesting Agency shallhavetherightat anytimeto modify,remove,
obUterate,or ignore such warnings.
13.Exclusive Use and Ownership
ContractorshaUnot use, sell,sub-lease, assign,give,orotherwisetransfer to any thirdparty anyofeer
informationor material providedto Contractorbyfee Departmentor Requesting Agency or
developedby Contractorrelatingto fee Contract,exceptfeatContractormay providesaid information
to any of its officers, employeesand subcontractorswho Contractorrequires tohave said information
forfulfillment of Contractor'sobligations hereunder.Each officer,employee and/orsubcontractorto
whom any of fee Departmentor Requesting Agency'sconfidentialinformation is to be disclosedshaU
beadvisedbyContractorofandboundbyfee confidentiality and inteUectual propertytermsofthis
Contract.
14.Notification of Legal Requests
The Contractor shall contact the State upon receipt of any electronic discovery,litigation holds,
discovery searches and expert testimonies related to the State's data under this Contract, or which in
any waymightreasonablyrequireaccessto thedataoffee State,unless prohibitedby law from
providingsuchnotice. TheContractorshallnotrespondtosubpoenas,service ofprocessand other
legalrequestsrelated to the Statewithout firstnotifyingthe State,unless prohibited by law from
providingsuchnotice.
15.Effect of Contractor Bankruptcy
AU rights and licenses granted by the Contractorunderthis Contractare arid shall be deemed to be
rights and Ucensesto "intellectual property," andthe subject matter of this Contract, including
services, isand shall be deemedto be "embodiments of intellectual property"for purposes ofand as
such termsare used and interpretedunder §365(n)of the UnitedStatesBankruptcy Code ("Code")
(11 U.S.C.§365(n)(2010)).The Statehastherightto exerciseall rights andelectionsunderthe
Codeand all ofeerapplicablebankruptcy,insolvency and similarlaws with respect tothisContract
(including aU executorystatement of works).Without limitingthe generaUty of the foregoing,iffee
Contractoror its estate becomessubject to anybankruptcyor similarproceeding: (a) subject to fee
State's rightsof election,allrightsand licenses grantedtotheStateunder thisContractshallcontinue
subjecttothe respective termsand conditions ofthis Contract;and(b)theStateshallbeentitledtoa
complete dupUcate of (or complete accessto,as appropriate)all suchintellectualpropertyand
embodiments of inteUectual property,andthe same,ifnot alreadyin the State's possession,shaU be
promptly delivered tothe State,unlessthe Contractor elects toanddoesinfact continue to perform
all of its obUgations under this Contract.
16.Confidentiality
SubjecttotheMarylandPublicInformationActandanyotherapplicablelaws,aU confidential or
proprietary information and documentation relating toeitherparty (including without limitation,any
informationordata storedwithinfee Contractor'scomputersystems)shaUbe held in absolute
confidenceby fee other party. Each party shaU,however,bepermitted to disclose relevant
confidential informationto itsofficers,agentsand employees to theextent thatsuch disclosureis
necessaryfor theperformanceoftheir dutiesunderthisContract,providedthedatamaybe collected,
used, disclosed,stored and disseminatedonlyas providedby andconsistent with fee law. The
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24
provisions ofthis sectionshallnot apply to information that(a)is lawfuUy inthepublic domain;(b)
has been independently develop
already in the possession ofsuchparty;(d)wassupplied to such party bya third partylawfuUy in
possession thereofand lejgaUy peririitted to further diisclosethe irrformation;or(e)whichsuchpartyis
required to disclose bylaw.This Section shall survive expiration or termination of fee Contract.
17.Parent Company Guarantee K^il^ili^
._...b^r*y guarantees absolutely fee full,prompt an^
0"ofall theterms,conditions and Obligations cpntaiiied in this Contract,performance by
asitmaybe amended from time to,time,including ahy and aU exhibits thatare nowormay become
incorporated hereunto,and other obUgations of every nature and kindfeat now ormayin the future
arise out of or in connectionwith this Contract;including any arid all finanpial cdmrnitm,entSi
nhiioAtions and liflhUities.'-'M^Mfrtii^fe^^mav not transfer this absolobligationsandliabilities.1may not fransfer this absolute
guaranty to anyother person orentity Withouttheprior expresswrittenapproval of fee State,which
approval fee iState rnay fflant^ifehotdj or qualify in its sole and absolute subjective discretion.
wfetfttiffi^^feattfthe State brings any claim,action,suit
or proceeding against 'IJBKil^^may be named as a
party,in its capacityas Absolute(foar^uitor.
18.General Terms and Conditions
Unless ofeerwise noted,fee Generiai Terms andConditions airei mandatory ContractTerms andcannot
and wiU not be revised.
18.1.Pre-Existing Regulations
In accordance with the provisions of Section 11-206 of the State Financeand Procurement
Article,Annotated Code ofMaryland,fee regulations setforthinTitle 21 of the Code of
Maryland Regulations (COMAR 21)in effect onfee date of execution ofthis Contract are
applicable tothis Contract.
18.2.Maryland Law Prevails
Thi$Contract shall be construed,interpreted,and enforced according tofeelaws of the State
ofMaryland.The Maryland Uniform Computer Information Transactions Act (Commercial
LawArticle^Title 22of fee Annotated Code of Maryland)does not apply to this Contract,fee
Software,orany Software Ucense acquired hereunder.Any andall references to the
Annotated Code 6f Marylandcontainedin this Contractshallbe construedto refer to such
Code sections as from time to time amended.
18.3.Multi-year Contracts Contingent Upon Appropriations
Ifthe General Assembly fails to appropriate funds or if fundsarenot otherwise made
available for continued performance foranyfiscal period ofthis Contract succeeding fee first
fiscal period,this Contract shall be canceled autbmaticaUy asofthe beg^imihg ofthe fiscal
yearforwhich funds werenot appropriated or otherwise madeavailable;provided,however,
thatthiswillnotaffecteitherthe State'srights or fee Contractor's rights under any
termination clausein this Contract.The effect of termination of fee Contracthereunder wiU
beto discharge bothfee Contractor and the State of Maryland from future performance ofthe
Contract,but not frpin their tights and obUgations existingat feetime of termination.The
Contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred
butnot amortized in fee price pfthe Contract The State shall notify the Contractor as soon as
ithas knowledge that funds may hotbe available forthe continuation ofthisContact for
each succeeding fiscal periodbeyondthe first.
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18.4.Cost and Price Certification
The Contractor,by submittingcostorpriceinformationcertifies feat,to thebest of its
knowledge, feeinformationsubmittedis accurate,complete,andcurrentas of amutually
determinedspecifieddatepriorto theconclusion of any pricediscussionsor negotiations.
The priceunderthis Contract (including anyPO)andanychangeorderormodification
hereunder,includingprofitor fee,shallbe adjustedto exclude any significantprice increases
occurringbecause the Contractor furnished cost orpriceinformation which, as of fee date
agreed uponbetweenthe parties,was inaccurate,incomplete,ornot current.
18.5.Contract Modifications
The ProcurementOfficer may, atanytime,by writtenorder,make changesin fee work
within the generalscope ofthe Contractora PO.No otherorder, statement orconduct of fee
Procurement Officer or any ofeer personshaUbe treatedasa change or entitle fee Contractor
to an equitable adjustment under this section. Except as otherwise provided in this Contract,
if any changeunderthis section causesanincreaseordecreasein fee Contractor's cost of, or
thetime required for,the performance of any part of feework, anequitableadjustmentin fee
Contractprice shaU be made andtheContractmodified in writing accordingly.Pursuantto
COMAR 21.10.04,fee Contractormust assertinwriting itsright to anadjustment underthis
section andshallinclude awritten statementsetting forthfee natureand cost of such claim.
No claimby the Contractor shallbeallowedif asserted afterfinalpaymentunderthis
Contract.Failure toagreeto anadjustmentunderthis sectionshallbe a disputeunder Section
18.8,Disputes.NothinginthissectionshaU excusethe Contractor from proceeding with the
Contract as changed.
18.6.Termination for Default
If fee Contractor fails to fulfill its obUgations underthisContractproperlyandontime, or
ofeerwiseviolates any provision of fee Contract,feeStatemay terminate fee Contract by
writtennoticetothe Contractor.The notice shaU specifythe actsoromissionsrelieduponas
causefor termination.All finished orunfinishedworkprovidedby the Contractor shaU,atfee
State's option,become fee State's property.The State of Maryland shaU payfee Contractor
fair andequitable compensation for satisfactory performance prior to receipt of notice of
termination,lessfeeamount of damages causedby the Contractor's breach.Ifthe damages
are more than fee compensation payable tothe Contractor,the Contractor will remain liable
aftertermination andfee Statecan affirmatively collectdamages.Termination hereunder,
including thetermination ofthe rights and obligations ofthe parties,shall be governed bythe
provisions ofCOMAR 21.07.01.1 IB.
18.7.Termination for Convenience
The performance of work under this Contract may beterminated by the State in accordance
withthis clause inwhole,orfromtimetotimein part,wheneverfee State shall determine feat
suchterminationis inthe best interest ofthe State.The Statewill pay aU reasonablecosts
associated withthis Contract thatthe Contractor has incurred upto the date oftermination,
and all reasonable costs associated with termination of fee Contract.However,the Contractor
shall notbe reimbursed for any anticipatory profits that havenotbeen earned uptothe date of
termination.Termination hereunder,including the determination of fee rights and obUgations
of fee parties,shall be governed by fee provisions of COMAR 21.07.01.12A(2).
18.8.Disputes
This Contract shall be subject tothe provisions ofTitle 15,Subtitle 2,ofthe State Finance
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26
and Procurement Article of feeAnnotatedCode ofMaryland,asfromtime to time amended,
and COMAR 21,10 (Administrativeand CivU Remedies).Pendingresolution of aclaim,the
Contractor shallproceeddiUgently with fee performance ofthe Contractin accordance with
fee Procurement Officers decision.Unless a lesser periodis provided by applicable statute,
regulation,orthe Contract,feeContractormust file awritten notice of claim with the
Procurement Officer within30daysafterfeebasisfortheclaimisknown orshouldhave
been known, whichever is eariier.Contemporaneously with orwithin 30 days of fee filing of
anotice ofclaim,but no laterthanfee date of final paymentunderthe Contract,the
Contractormust submit to fee ProcurementOfficer its written claim containingthe
information specified in COMAR 21.10.04.02.
18.9.Living Wage
If a Contractor subjectto the LivingWage law failsto submit allrecordsrequiredunder
COMAR 21.11.10.05 to theCommissioner ofLaborandIndustryatthe Department of Labor,
LicensingandRegulation,theDepartmentorRequesting Agency may withhold payment of
any invoiceor retainage.The Department orRequestingAgencymay require certification
fromthe Commissionerona quarterly basisthatsuch records wereproperlysubmitted.
18.10.Non-Hiring of Employees
No official oremployee of fee State ofMaryland,asdefined underGeneralProvisions
Article,§5-101,AnnotatedCodeof Maryland,whosedutiesassuchofficialor employee
include matters relating toor affecting thesubjectmatterofthis Contract,shaU during the
pendency and term ofthis Contract andwhile serving asanofficialor employee ofthe State
becomeorbean employee of fee Contractor oranyentitythatisa subcontractor onthis
Contract.
18.11.Nondiscriminationin Employment
The Contractor agrees:(a)notto discriminate in any manner against anemployee or
applicant foremployment because ofrace,color,religion,creed,age,sex,marital status,
national origin,sexual orientation,sexual identity,ancestry,ordisabiUty ofa qualified person
wifea disabiUty,sexual orientation,oranyotherwise unlawful useof characteristics;(b)to
include a provision similar to feat contained in subsection (a),above,inanyunderlying
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 fee substance ofthis clause.
18.12.Commercial Non-Discrimination
18.12.1.Asa condition of entering into this Contract,Contractor represents and warrants that
it wiU comply with the State's Commercial Nondiscrimination PoUcy,as described
under Title 19 of fee State Financeand ProcurementArticle of the Annotated Code
of Maryland.As part of such compUance,Contractor maynot fescriminate onthe
basis of race,color,reUgion,ancestry,national origin,sex,age,marital status,sexual
orientation,sexual identity,disability,or other unlawful forms ofdiscrimination in
fee solicitation,selection,hiring,orcommercial treatment of subcontractors,vendors,
suppliers,orcommercial customers,nor shall Contractor retaUate against any person
for reporting instances of such discrimination.Contractor shaU provide equal
opportunity for subcontractors,vendors,and suppUers to participate in all of its
public sector and private sector subcontracting and supply opportunities,provided
that this clause does not prohibit orlimitlawful efforts to remedy the effects of
marketplace discrimination that have occurred or are occurring in the marketplace.
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27
Contractor understands that a material violation of this clause shall be considered a
materialbreach of this Agreementandmayresult interminationof thisContract,
disquaUfication of Contractor from participating inState contracts,or ofeer sanctions.
Thisclauseis not enforceable by orforthebenefitof, andcreatesno obligation to,
any third party.
18.12.2.Asa conditionofenteringinto feis Contract,uponfeerequest of fee Commission on
CivilRights,andonlyafterfeefilingofacomplaintagainstContractorunderTitle 19
of feeStateFinanceand Procurement Articleof fee Annotated Codeof Maryland,as
amendedfrom timeto time, Contractoragreesto providewithin60 days afterthe
request a complete Ust ofthe names of aUsubcontractors, vendors, and suppUers that
Contractor hasused in thepast four (4) yearson any of its contracts feat were
undertakenwithinfeeStateof Maryland,includingthe totaldoUaramountpaidby
Contractor on each subcontract or supply contract,Contractor further agrees to
cooperateinany investigationconductedbythe Statepursuantto fee State's
Commercial Nonfescrimination Policy as set forth under Title 19 of the State Finance
and Procurement Article of fee Annotated Code ofMaryland, and to provide any
documents relevant to any investigation that are requested by fee State. Contractor
understands feat violation of this clause isa material breach of this Contract and may
result in Contract termination,disqualificationby the State fromparticipating inState
contracts,and ofeer sanctions.
18.13.Subcontracting and Assignment
The Contractormay not subcontractanyportionoffee productsor services providedunder
this Contractwifeout obtaining fee prior written approval offee Procurement Officer, nor
may fee ContractorassignthisContractor anyofits rightsor obligationshereunder,wifeout
feeprior writtenapprovalof the State.Anysuchapprovals shaU be at fee State's soleand
absolute discretion.Any such subcontract or assignmentshall includethe terms of this
Contractandanyothertermsand conditions thattheStatedeemsnecessaryto protectits
interests.TheState shaU notbe responsible forthefulfillmentoftheContractor's obUgations
to any subcontractors.
18.14.Minority Business Enterprise Participation
18.14.1.Establishment of Goal and Subgoals.
MBE subcontractor participation goaland subgoals havebeen established forthis
procurement as described in section 1.24offee RFP.
18.14.2.Liquidated Damages
18.14.2.1.This Contract requires fee Contractor tomake good faith efforts to comply with
feeMBEProgramandContractprovisions.TheStateandthe Contractor
acknowledge and agree thatthe State wiU incur damages,including butnot
limited to lossof goodwiU,detrimental impacton economic development,and
diversion of internal staffresources, if the Contractor does not make goodfaith
effortsto comply withfee requirements of theMBEProgramandMBE
Contract provisions.The parties further acknowledge andagreefeatthe
damages fee State might reasonably be anticipated to accrue asa result ofsuch
lackof comptiance are difficult to ascertain with precision.
18.14.2.2.Therefore,upona determination byfeeStatefeatthe Contractor failedtomake
goodfaitheffortstocomplywithoneormoreofthespecifiedMBE Program
requirements or Contract provisions,the Contractor agrees topay liquidated
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damagesto the Stateat fee ratessetforthbelow. TheContractorexpressly
agreesthatthe Statemay withholdpaymenton any invoicesas a set-off against
liquidateddamages owed. The Contractorfurther agrees that for each specified
violation,feeagreedupon liquidated damagesarereasonablyproximateto the
loss the State is anticipated to incuras a result of such violation.
i.FaUure tosubmiteach monthly paymentreportin full compliance with
COMAR 2L11.03.13B (3):an amount ner riav established at the
PORFP level per dayuntilthe monthly reportis submittedas required.
ii. Failureto includein its agreementswith MBE subcontractorsa provision
requiringsubmissionofpaymentreports infullcompliancewith
COMAR 21.11.03.13B (4); an amount ner dav established at the
PORFP level per MBE subcontractor.
iii.Failureto comply wife COMAR 21.11.03.12 in terminating,canceUng,
or changingthescope ofwork/valueofa contractwith an MBE
subcontractor and/or amendment oftheMBEparticipation schedule:fee
difference betweenfeedollarvalueoffeeMBE participation
commitment ontheMBE participation scheduleforfeatspecificMBE
firmandfee doUar valueofthework performed bythatMBEfirmforfee
contract.
iv. Failureto meetfee Contractor's totalMBE participation goalandsub
goal commitments:the difference between the dollar value ofthe total
MBE participation commitment ontheMBE participation scheduleand
theMBE participation actuaUy achieved.
v. Failuretopromptlypay aU undisputed amountsto an MBE subcontractor
in full compliance withfee prompt payment provisions ofthis Contract:
an amount ner day established at the PORFP level per day untilfee
undisputed amount duetofeeMBEsubcontractor is paid.
Notwithstanding feeuseof Uquidated damages,fee State reserves therightto
terminate fee Contract and exercise aU ofeer rights andremedies provided in
the Contractor bylaw.
18.14.3.MBEPromptPay Requirements
18.14.3.L To ensure compUance with certifiedMBE subcontract participation goals,the
Department or Agency may,consistent wife COMAR 21.11.03.13,take fee
foUowing measures:
A)Verify feat fee certified MBEs Usted infee MBE participation
schedule actually are performing work andreceiving compensation
asset forth in fee MBE participation schedule.This verification may
include,as appropriate:
(1)Inspecting any relevant records offee Contractor;
(2)Inspecting thejobsite;and
(3) Interviewingsubcontractorsandworkers.
(4)Verification shall include a review of:
(a) The Contractor's monthly report Usting unpaid
invoicesover 30 days oldfrom certifiedMBE
subcontractors andthe reasonfor nonpayment;and
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(b) The monthly report of each certified MBE
subcontractor,which listspaymentsreceived from
the Contractorin fee preceding 30 days andinvoices
forwhichfeesubcontractorhas not been paid.
B) Ifthe Department or Agencydetermines feat fee Contractor is not in
compUancewith certifiedMBE participation goals, then fee
Department or Agency wiUnotify the Contractor in writing of its
findings,and will requirethe Contractor to take appropriate
corrective action.Corrective action may include, but is not limited
to, requiring the Contractor to compensate fee MBE for work
performedas set forth in the MBE participation schedule.
C)If fee Department or Agency determines feat the Contractor is in
materialnoncompliancewith MBE Contractprovisionsand refuses
or fails to take the corrective action feat fee Department or Agency
requires, then fee Department or Agency may:
(1)Terminate the Contract;
(2) Refer the matter to fee Office of fee Attorney General
for appropriate action; or
(3)Initiate anyofeer specificremedyidentifiedby this
Contract.
18.14.3.2. Uponcompletionofthe contract,butbefore final paymentor release of
retainageor both,fee Contractorshallsubmit a finalreport,in affidavitform
underfeepenaltyof perjury,of allpaymentsmade to, or withheldfromMBE
subcontractors.
18.15.Insurance Requirements
The Contractorshallmaintain workers'compensation coverage,propertyandcasualtyand
anyofeer insurance as required infeeRFP.The minimum limits ofsuch poUcies mustmeet
any minimum requirements established by law andthe limits of insurance required bythe
RFP,and shall cover losses resulting from or arising outof Contractor action or inaction in
the performance of services underfee Contract byfee Contractor,its agents,servants,
employees or subcontractors.Effective no later than the date of execution ofthe Contract,
andcontinuing forthe duration ofthe Contract term,and any applicable renewal periods,the
Contractor shall maintain such insurance coverage andshallreportsuch insurance annually or
upon Contract renewal,whichever is earlier,to theProcurement Officer.The Contractor is
required tonotify the Procurement Officer in writing,if policies are cancelled ornotrenewed
5 days of learning of such cancellation and/or nonrenewal.Certificates of insurance
evidencing this coverage shall be provided within five (5)days of notice of recommended
award.AU insurance poUcies shaU be issued bya company properly authorized todo business
infee State of Maryland.The State shall be named asan additional named insured onthe
property and casualty policy andas required inthe RFP.
18.16.Veteran Owned Small Business Enterprise Participation
Thereisno VSBE subcontractor participation goalfor feis procurement.
18.17.Security Requirements and Incident Response
The Contractor agrees to abide by aU applicable federal,State and local laws concerning
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30
informationsecurityand complywithcurrentStateand Department of Information
Technologyinformationsecurity policy, currentlyfound at
http://doit.marvland.gov/Publications/DolTSecuritvPolicv.pdf.Contractor shaU limitaccess
to andpossession ofSensitiveDatato only employees whose responsibilities reasonably
requiresuchaccessor possessionandshall trainsuchemployeesonthe ConfidentiaUty
obligationssetforth herein.This Section 18shallsurviveexpirationor tennination of this
Contract.
18.18.Suspension of Work
The Procurement Officerunilaterallymay ordertheContractorin writingto suspend,delay,
or interruptaUor any part of its performancefor suchperiod of timeas the Procurement
Officermaydeterminetobe appropriateforthe convenience oftheState.
18.19.Nonvisual Accessibility Warranty
18.19.1.TheContractor warrants that fee informationtechnology tobe provided under the
Contract.
(a) providesequivalentaccess for effective use by both visual and non-visual
means;
(b)wiU present information,including promptsusedforinteractive
communications,in formats intended for both visual and non-visual use;
(c) ifintendedforuseina network,canbe integrated intonetworksfor obtaining,
retrieving, and disseminatinginformationused by individuals who arenot
blindor visuaUy impaired;and
(d) is available,whenever possible,without modification for corapatibiUty with
Software and hardware for non-visual access.
18.19.2.The Contractor further warrants featthe cost,if any,of modifying fee information
technologyfor compatibiUty with Software andhardwareusedfor non-visualaccess
does not increase thecostoffee information technology bymorethan five percent.
For purposes ofthis Contract,the phrase "equivalent access"means the abflity to
receive,useand manipulate information and operate controls necessary to access and
use information technology by non-visual means.Examples ofequivalentaccess
include keyboard controls usedfor input andsynthesized speech,Braille,or other
audible ortactilemeansusedfor output.
18.20.Compliance with Laws/Arrearages
The Contractor hereby represents andwarrants feat:
18.20.1 Itis qualified todo business inthe State of Maryland andthatitwilltakesuch action
as,from time to time hereafter,may be necessary to remain so quaUfied;
18.20.2.Itisnotin arrears with respect tothepayment of any monies due and owing the State
of Maryland,orany department orunitthereof,including butnot limited to fee
payment oftaxes and employeebenefits,andfeat it shaU notbecome so in arrears
duringthe terra of feis Contract;
18.20.3.It shaU comply wife aU federal,State andlocal laws,regulations,and ordinances
applicable toits activities and obUgations underthis Contract;and,
18.20.4.It shall obtain,atits expense,aU Ucenses,permits,insurance,and governmental
approvals,ifany,necessary tothe performance ofits obligations underthis Contract.
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18.21.Contingent Fee Prohibition
The Contractor warrants thatithasnot employed or retained anyperson,partnership,
corporation,or otherentity,otherthana bonafide employee orbona B6&agent working for
the Contractor tosolicitor secure this Contract,andthatithasnotpaidor agreed topayany
person,partnership,corporation or ofeerentity,otherthanabonafideemployeeorbonafide
agent,anyfeeor ofeer consideration contingent onthe making of this Contract.
18.22. Delays and Extensions of Time
The Contractoragreestoperformthis Contractcontinuouslyanddiligently.No chargesor
claims for damages shall be made by fee Contractor for anydelays or hindrances from any
cause whatsoever during fee progress of any portion ofthework specified in this Contact.
Time extensions wiUbe granted only for excusable delays that arise from unforeseeable
causes beyond fee control andwithoutfee 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 contractualcapacity, acts of another contractor in the performance of a contract wife fee
State,fires, floods, epidemics, quarantinerestrictions, strikes, freight embargoes, or delays of
subcontractorsor suppliersarisingfromunforeseeablecausesbeyondfee control andwifeout
fee fault ornegligenceof eitherthe Contractoror the subcontractorsor suppliers.
18.23.Financial Disclosure
TheContractorshall complywiththe provisionsof §13-221 ofthe StateFinanceand
ProcurementArticle of the AnnotatedCode of Maryland,which requires feat every business
that enters into contracts,leases,or otheragreementswifethe Stateof Maryland or its
agenciesduringa calendaryearunderwhichthe businessisto receive infee aggregate
$100,000 ormore, shall,within30daysof fee timewhen the aggregatevalue of these
contracts,leasesor ofeer agreements reaches $100,000,filewifethe Secretary of State of
Maryland certain specified information to include disclosure of beneficial ownership offee
business.
18.24.Political Contribution Disclosure
The Contractor shall comply wifefee provisions of Md.Code Ann.,Election Law Article,
Title14,which requires that every person feat enters intoa contract for procurement withfee
State,a county ora municipal corporation or other poUtical subdivision ofthe State,during a
calendar yearin which the person receives a contract with a governmental entity infee
aggregate $200,000 or more,shaU file with the State Board of Elections statements
disclosing:(a)any contributions made during the reporting period toa candidate for elective
office in any primary or general election and (b)thename of each candidate to whom oneor
more contributionsin a cumulativeamount of$500 or morewere made during the reporting
period..The statement shaU be filed with fee State Board of Elections:(1)before execution of
a contract byfee State,a county,municipal corporation,or ofeer political subdivision offee
State,andshaU cover the24 months prior to when a contract was awarded;and (2)ifthe
contribution ismadeafterfee execution ofa contract,thentwicea year,throughout the
contract term,on:(i)February 5,to cover fee six-month period ending January 31;and (ii)
August 5,to cover the six-month period ending July 31.Additional information is available
on fee State Board of Elections website:
http://www.elections.state.md.us/campaign_finance/index.html.
18.25.Retention of Records and Audit
18.25.1.The Contractor and Subcontractors shall retain and maintain aU records and
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32
documents inanyway relatingtothisContractforthree(3)yearsafterfinal payment
bytheStateunderthis Contract,orany applicable statuteof limitations,prevailing
federal or Statelawor regulation,or condition of award,whichever islonger,and
shaUmakethemavailable forinspectionandauditby authorizedrepresentatives of
the State,includingfee Procurement Officer or theProcurement Officer's designee, at
aUreasonabletimes.The Contractor shaU,uponrequestby feeDepartment,surrender
all and everycopy of documentsneededby theState,including,butnotlimited to
itemized bilUng documentationcontainingthedates,hours spent andwork performed
by the Contractor and its subcontractors under fee Contract.The Contractor agrees to
cooperate fullyin any audit conductedby or onbehalf offee State, including,byway
ofexampleonly,makingrecordsandemployeesavailableas,where,andto fee
extentrequestedby fee Stateandbyassistingfeeauditorsin reconciling any audit
variances.Contractorshallnotbe compensated forprovidinganysuchcooperation
and assistance.All records relatedin any wayto theContract areto beretained for
the entire time provided under thissection.
18.25.2 The State reserves theright,atitssole discretion andat anytime,toperformanaudit
ofthe Contractor's and/or Subcontractors'performance under thisContract. Inthis
Contract, anauditis definedas a plannedanddocumentedindependentactivity
performed byqualified personnel,includingbutnotlimitedto Stateandfederal
auditors,to determineby investigation,examination,or evaluationofobjective
evidencefromdata,statements,records,operations and performance practices
(financial or ofeerwise)fee Contractor's and/or Subcontractor's compliance wifethe
Contract,including butnot limited tothe adequacy and compliance with estabUshed
proceduresandinternal controls overtheservicesbeingperformedforthe State.
18.25.3 Uponthree(3)business days*notice,Contractor and/or Subcontractors shaU provide
theState reasonable access during normal business hourstotheir records to verify
conformance tofeetermsofthis Contract.TheStateshall bepermittedto conduct
these audits wife anyor aU ofits own internal resources orby securing the services of
a thirdparty accounting/audit firm,solelyat theState'selection. TheStateshallhave
fee right to copy,atitsownexpense,any record related tofee services performed
pursuant to feis Contract.
18.25.4 Contractor and/or Subcontractors shaU cooperate wife fee State or fee designated
auditor and shaU provide thenecessary assistance forfee State or fee designated
auditor to conduct the audit.
18.25.5 Therightto audit shaU include subcontracts in which goods or services are
subcontracted by Contractor and/or Subcontractors and thatprovide essential support
to the servicesprovided to feeStateunder this Contract.Contractor and/or
Subcontractors shall ensure the State has the right to audit with any lower tier
Subcontractor.
18.25.6.This Section 18.25 shallsurvive expiration or termination ofthis Contract.
18.26 Compliance with federal Health Insurance Portability and Accountability Act
(HIPAA)and State Confidentiality Law
HIPAA clausesdonotapplytothis Contract.
19.Administrative Information
19.1.Procurement Officerand Contract Manager
The day-to-day work tobe accomplished under this Contract shall be performed under the
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33
19.2.
direction of the Contract Manager and,as appropriate,fee Procurement Officer.AU matters
relatingto the interpretation of thisContractshall bereferredto the ProcurementOfficerfor
determination.
Notices
AU noticeshereunder shall bein writing andeither delivered personaUy orsentby certified or
registeredmail, postageprepaidas foUows:
If to fee State:
State ofMaryland
Department ofInformation Technology
45 Calvert Street
Annapolis, MD 2140 M 907
With a copy to:
Gayle Mealy
Department of Information Technology (DoIT)
45 Calvert Street,Rm 424A
AnnapoUs,MD 21401-1907
Gayle.Mealy@maryland.gov
If to fee Contractor:
Attn:
EN WITNESS THEREOF,thepartieshaveexecutedthisContractas of the date hereinabove set
forth.
CONTRACTOR
JjWA.I^yrov
J3y»Compuquip Technologies,LLC
06/21/16 I
vitness ^-^j
"T
DEPARTMENT OF INFORMATION
TECHNOLOGY
By:^Albert G.Bullock,Chief ofStaff
7-1 ?f f/f
Date
Witness
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£-.Approved for form and legal sufficiency this / /day of si^S 20/j£?.
Assistant Attorney General
APPROVED BY BPW:
(Date)(BPW Item #)
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ATTACHMENTS -Contract Affidavit „**"*-
A.AUTHORITY
I HEREBY AFFIRM THAT:
I,ivan Reavoy (name of affiant), am the Director of finance (title) and duly
authorizedrepresentative of Compuquip Technologies.LLC (name of businessentity)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 businessnamed above is a (check applicablebox):
(1) Corporation—O domesticor D foreign;
(2)Limited Liability Company •*-H domestic or•foreign;
(3) Partnership—D domestic or • foreign;
(4) StatutoryTrust—D domesticor •foreign;
(5)• Sole Proprietorship.
andis registered or qualified as required under Maryland Law.1 fiirther affirmthatthe above
businessis ingoodstandingbothin Maryland and (IF APPLICABLE)inthejurisdictionwhere
itis presently organized,andhas filed allofits annual reports,together with filing fees,with the
Maryland State Department of Assessments and Taxation.Thenameand address ofits resident
agent (IF APPLICABLE)filed withthe 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 andTaxationthat correctly identifies thattruenameand address ofthe principal
or owner as:
Name and Department ID Number:.
Address:
C.FINANCIAL DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
I am awareof,and the abovebusinesswill complywith,theprovisions of StateFinanceand
Procurement Article,§13-221,Annotated Code of Maryland,whichrequirethatevery business
thatentersintocontracts,leases,orother agreements withtheStateof Marylandorits agencies
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36
during a calendar yearunderwhich the businessis to receivein the aggregate $100,000ormore
shall,within 30 days ofthe time whenthe aggregate value ofthe contracts,leases,or other
agreementsreaches $100,000,file with theSecretary ofState ofMaryland certain specified
Mormation toinclude disclosure ofbeneficial ownership ofthebusiness.
D.POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION
I FURTHER AFFIRM THAT:
Iam aware of,and the above business will comply with,Election Law Article,Title 14>
Armored Code OfMaryland!,which requires thateverypersonthat enters intoacontractfora
procurement withthe State,acounty,ora municipal corporation,or Other political subdivision of
the Stated during a calendar yearin whichthe person receives a contract with a governmental
entityin the amount of $200,000 of more,shall file withthe State Board ofElections statements
disclosing:(a)anycontributions made during thereporting period toa candidate for4 elective
officein any prhnary or general Section;and(b)thename of eadh candidate towhom oneor
more contributions ina cumulative amount of $500 ormore were made during fhe.r^ortihg
period.The statementshallbe filedwiththeStateBoard ofElections:(a)beforeexecution of a
contract by the State,acounty,amumcipal corporation,or other political subdivision ofthe
State,and shall coverthe 24 months prior towhena contract was awarded;and (b)ifthe
contributioh ismadeafterthe execution of a contract;thentwice a year,thrOughotlt the contract
term,on:(i)February 5,to cover the six (6)month period ending January 31;and (ii)August5,
to cover the six (6)month period ending July 31.Additional information is available onthe
State Board ofElections
website:http://www.elections.state.md.us/campaign fmance/iudcx.html
E.DRUG AND ALCOHOL FREE WORKPLACE
(Applicable to all contracts unless the contract is for alaw enforcement agency and the agency
head orthe agency head's designee has determined that application of COMAR 21.1LQ8 and
this certification would beinappropriate in connection with the law enforcement agency's
undercoveroperations.)
I CERTIFY THAT:
(1)Terms defined in COMAR21.11.08 shall have the same meanings when used in this
certification.
(2)By submission ofits Bid/Proposal,the business,if other than an individual,certifies and
agrees that,with respect toits employees tobe employed under a contract resulting from this
solicitation,the business shall:
(a)Maintain a workplace free of drug and alcohol abuse during theterm ofthe contract;
(b)Publish a statement notifying its employees that the unlawful manufacture,distribution,
dispensing,possession,or useof drugs,and the abuse Of drugs or alcohol is prohibited in the
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business*workplace and specifying the actionsthatwill be taken against employees for
violation ofthese prohibitions;
(c) Prohibitits employees from working underthe influence of drugs or alcohol;
(d) Not hireor assign to work on the contractanyone who the business knows, or in the
exercise of due diligence should know,currently abuses drugsor alcohol andis not actively
engaged in abona fide drug or alcohol abuseassistanceorrehabilitation program;
(e) Promptly inform the appropriatelaw 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) Establishdrug andalcoholabuse awareness programs to inform its employees about:
(i)The dangers of drug and alcohol abusein the workplace;
(ii) The business'spolicy of maintainingadrugandalcoholfree workplace;
(iii)Any available drugand alcohol counseling,rehabilitation,and employee assistance
programs;and
(iv) The penaltiesthat may be imposedupon employees who abusedrugsandalcoholin
the workplace;
(g)Provide allemployees engagedin the performance of thecontractwith acopy of the
statement required by §E(2)(b), above;
(h) Notify its employees inthe statement required by §E(2)(b),above, thatasacondition of
continued employment on the contract,theemployee shall:
(i) Abide by the terms of the statement;and
(ii)Notify the employer of any criminaldrugoralcoholabuse conviction for an offense
occurring in the workplace not laterthan5days after aconviction;
(i)Notify the procurement officer within 10 daysafterreceiving notice under §E(2)(h)(ii),
above, or otherwise receiving actualnotice of aconviction;
(j)Within 30 days afterreceiving noticeunder §E(2)(h)(ii),above, or otherwise receiving
actual notice of a conviction,impose either ofthe following sanctions orremedial measures
on any employee who is convicted of adrugoralcoholabuse offense occurringin the
workplace:
(i) Take appropriatepersonnel actionagainstan employee,up to and including
termination;or
(ii) Requirean employee to satisfactorily participate in abona fide drugoralcoholabuse
assistanceorrehabilitation program;and
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(k) Makeagood faitheffort to maintainadrugand alcohol freeworkplacethrough
implementation of §E(2)(a)—(j), above.
(3)If thebusinessis anindividual,the individual shallcertifyandagreeasset forth in §E(4),
below, thattheindividualshallnot engageintheunlawful manufacture,distribution,dispensing,
possession,oruse of drugsorthe abuse ofdrugs oralcoholinthe performance ofthe contract.
(4) I acknowledge and agree that:
(a) The award of the contractis conditional upon compliance with COMAR 21.11.08 and
this certification;
(b)The violation ofthe provisions ofCOMAR 21.11.08 orthis certification shallbe causeto
suspendpayments under, orterminatethecontractfordefaultunder COMAR 21.07.01.11 or
2L07.03.15,as applicable;and
(c) The violation ofthe provisions of COMAR 21.11.08 orthis certificationin connection
with the contractmay, in the exercise ofthe discretion of the Board ofPublic Works,result
in suspension and debarment of the business under COMAR 21.08.03.
F.CERTAIN AFFIRMATIONS VALID
I FURTHER AFFIRM THAT:
To the best ofmy knowledge,information, andbelief, each ofthe affirmations, certifications,or
acknowledgements contained inthat certain Bid/Proposal Affidavit dated , 20 ,
andexecuted by me forthe purpose ofobtaining the contractto which this Exhibit is attached
remainstrueandcorrectin allrespectsas if madeas ofthedate ofthis Contract Affidavit andas
if fully set forthherein.
I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY
THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST
OF MY KNOWLEDGE,INFORMATION,AND BELIEF.
Date:06/21/2016
By:tvan Rezvoy ,(printed name of Authorized Representative andAffiant)
**%(signature of Authorized Representative and Affiant)
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Agency Contact:Al Bullock (410)260-6256
Al.Bullock@maryland.gov
Carla Thompson (410)260-6155
Carla.Thompson@maryland.gov
3-IT.DEPARTMENT OF INFORMATION TECHNOLOGY
Contract ID:Hardware and Associated Equipment & Services (Hardware 2012)
eMM Solicitation No.:MDF5031024526
ADPICSBPONo.:060B2490022,COG75325
Contract Description:Multiple award, indefinite quantity,purchase order request for proposals-
based Master Contract to provide hardware,installation,training services and manufacturer's
extended warranty,excludes laptops and desktops.
Award:See Page 9D-10D
Term:7/1/2016-11/24/2027 (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 madeto DoIT Item4-lT (11/14/12)inwhichthe Board of Public Works
approved the award of Master Contracts for hardware,installation,training services and
manufacturer's extendedwarranty.Laptopsanddesktopsareexcluded.
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 areasand manufacturers.
This isthe 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.
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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.
(Thereare potentially an additional 25 offerors that maybe addedto for this expansionwindow
once DoIT has received notification that they are either in good standing with SDAT or have
registered to do business withthe State.DoITwillreturntotheBoard seeking approval for any
additional awards.)
Through the expansion window,DoIT added Functional Area VI -Security,Cameras and
AssociatedPeripherals,bringingthe total number of functional areas to six:
Functional Area I-Servers and Associated Peripherals
Functional AreaII-Printers and Associated Peripherals
Functional Area EI -Network Communications Equipment
Functional AreaIV-Installation and Training Services
Functional AreaV-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 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.
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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.DoITItem 4-IT (11/14/2012)
Board approved$35 million increasein ceiling.DoIT Item 2-TT-MOD (10/15/2014)
Board approved $12 million increase in ceilingbringing total authorized Hardware Master
Contracts to $104 million.DoIT Item 4-TT-MOD [3/23/2016]
DoIT recommendsincreasingthe ceiling amountby $100 million.This amountwas 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 returnto the Board to seek approvalof additionalofferors or if an increase in the not-
to-exceed amount is necessary.
Fund Source:
Approp.Code:
Resident Business:
MD Tax Clearance:
Various
Various
See Page 9D-10D
See Page 9D-10D
BOARD OF PUBLIC WORKS
APPROVED DISAPPROVED
WITH DISCUSSION
THIS ITEM WAS:
DEFERRED WITHDRAWN
WITHOUT DISCUSSION
31
42
3-IT.DEPARTMENT OF INFORMATION TECHNOLOGY (cont'd)
Companies recommended for Hardware 2012 Award
Company Name Corp.City State
Resident
Business
MDTax
Clearance
1 A&T Marketing,Inc., /A&T Networks
Columbia MD y 16-2158-
0111
2 Advanced Computer Concepts
McLean VA N 16-2159-
1110
3 AlphaSix Corporation Sterling VA N 16-2160-
1110
4
Applied NetworkConsulting Group, Inc.
(ANC)
Greenville SC N 16-2161-
1001
5 Barcoding,Inc.
Baltimore MD Y 16-2162-
1111
6 Bogdan Computer Services,Inc.
Abingdon MD Y 16-2163-
1111
7 Carahsoft Technology Corporation
Reston VA N 16-2164-
1010
8 CareTech,LLC Hagerstown MD Y
16-2165-
1000
9 Ciber,Inc.Greenwood Village CO N
16-2166-
1011
10 Communications Electronics,Inc.Timonium MD Y
16-2167-
1110
11 Compuquip Technologies Doral FL N
16-2168-
0000
12 Computer Systems Support,Inc.Miami FL N
16-2169-
0000
13 ContinentalTechnologies,Inc.(CTI)Hunt Valley MD Y
16-2170-
1111
14 Datalink Corporation Eden Prairie MN N
16-2171-
1111
15 Electronic Data Solutions,Inc.Baltimore MD Y
16-2172-
1111
16 EnNet Services,LLC Frederick MD Y
16-2173-
1111
17 Enterprise Consulting,Inc.Eldersburg MD Y
16-2174-
1111
18 Insight Public Sector Inc.Tempe AZ N
16-2175-
1111
19 Interclypse,Inc.Hanover MD Y
16-2176-
1111
20 Kratos-PSS San Diego CA N
16-2177-
1111
21 Kustom Signals,Inc.Lenexa KS N
16-2178-
0111
32
43
Company Name Corp.City State
Resident
Business
MDTax
Clearance
22 Lexmark International,Inc.Lexington KY N
16-2179-
1111
23 Magothy Technology Pasadena MD Y
16-2180-
1111
24 MS Technologies Corporation Rockville MD Y
16-2181-
1111
25 NEC Corporation of America Irving TX N
16-2182-
1111
26 Networking for Future,Inc.Washington DC N
16-2183-
1111
27 Networking Technologies &Support,Inc.Midlothian VA N
16-2184-
1111
28 Phillips Office Solutions Middletown PA N
16-2185-
1111
29 Ronco Communications Tonawanda NY N
16-2186-
0110
30 S3 Integration Baltimore MD Y
16-2187-
1111
31 SCD Information Technology Columbia MD Y
16-2188-
1011
32 SNAP,Inc.Chantilly VA N
16-2189-
1111
33 Soft-Con Enterprises,Inc.Hyattsville MD Y
16-2190-
0111
34 Visionary Technology Consultants (VTC)Maple Lawn MD Y
16-2191-
0111
35 Visual Sound/Kunz AV Broomall PA N
16-2192-
1111
33
44
DoIT 6D
Supplement D
Department of Information Technology
ACTION AGENDA
June 22,2016
Agency Contact:Al Bullock (410)260-6256
\Al.Bullock@marylandgov
Carta Thompson(410)260-6155
Carta.Thompson@maryland.gov
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:Multipleaward, indefinite quantity,purchase order request for proposals-
based Master Contract to provide hardware, installation, training services and manufacturer's
extended warranty,excludeslaptopsand desktops.
Award:See Page 9D-10D
Term:7/1/2016-11/24/2027 (11 years)
Amount:$100,000,000
ProcurementMethod:Competitive Sealed Proposals
Proposals:66proposals received
MBE Participation:1%(Functional Area IV only)
Incumbent:73 Master Contractors
Remarks:Reference is madeto 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 mayadd functional areasand manufacturers.
Thisisthe 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 EnterpriseDirectory.
45
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. 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 TV -Installation and Training Services
Functional Area V -Manufacturer's Extended Warranty
Functional Area VI - Security, Cameras and Associated Peripherals (NEW)
A using agency that seeksto procure hardware,installation,training services,or manufacturer's
extended warranty will issuea competitive Purchase Order Request for Proposal to all Master
Contractors within the appropriate functional area who are authorized to providethe 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
functionalarea.Master Contractorsaffirmedthattheir pricesforthe PORFPswill not exceedthe
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 withthe 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 extensivevarietyof hardware and associated services.State agencies
will obtain hardware, installation, training and maintenance services quickly and efficientlyby
issuing PORRPs specific to each agency's needs.This contracting vehicle is also available to
Maryland counties and municipalities.
46
DoIT 8D
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 ceilingfor.DoTTItem 4-IT (11/14/2012)
Board approved $35million increase in ceiling.DoITItem 2-TT-MOD (10/15/2014)
Board approved $12 million increasein ceilingbringingtotalauthorizedHardwareMaster
Contractsto $104million.DoTTItem 4-TT-MOD [3/23/2016]
DoIT recommends increasing the ceiling amountby $100 million. This amount was determined
by using spendstatisticsoverthepast threeyearsof the contract.
DoIT will provide additional expansion windows for this Master Contract every three years.
DoIT will returnto the Boardto seek approval of additional offerorsor if an increase inthe not-
to-exceed amount is necessary.
Fund Source:
Approp.Code:
Resident Business:
MD Tax Clearance:
Various
Various
See Page 9D-10D
See Page 9D-10D
BOARD OF PUBLIC WORKS THIS ITEM WAS:
APPROVED DISAPPROVED DEFERRED WITHDRAWN
WITH DISCUSSION WITHOUT DISCUSSION
47
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
DoIT 9D
Company Name Corp.City State
Resident
Business
MDTax
Clearance
1 A&T Marketing,Inc.,/A&T Networks
Columbia MD Y 16-2158-
0111
2 Advanced Computer Concepts
McLean VA N 16-2159-
1110
3 AlphaSix Corporation Sterling VA N 16-2160-
1110
4
Applied Network Consulting Group, Inc.
(ANC)
Greenville SC N 16-2161-
1001
5 Barcoding,Inc.
Baltimore MD Y 16-2162-
1111
6 Bogdan Computer Services,Inc.
Abingdon MD Y 16-2163-
1111
7 Carahsoft Technology Corporation
Reston VA N 16-2164-
1010
8 CareTech,LLC Hagerstown MD Y
16-2165-
1000
9 Ciber,Inc.Greenwood Village CO N
16-2166-
1011
10 Communications Electronics,Inc.Timonium MD Y
16-2167-
1110
11 Compuquip Technologies Doral FL N
16-2168-
0000
12 Computer Systems Support,Inc.Miami FL N
16-2169-
0000
13 Continental Technologies,Inc.(CTI)Hunt Valley MD Y
16-2170-
1111
14 Datalink Corporation Eden Prairie MN N
16-2171-
1111
15 Electronic Data Solutions,Inc.Baltimore MD Y
16-2172-
1111
16 EnNet Services,LLC Frederick MD Y
16-2173-
1111
17 Enterprise Consulting,Inc.Eldersburg MD Y
16-2174-
1111
18 Insight Public Sector Inc.Tempe AZ N
16-2175-
1111
19 Interclypse,Inc.Hanover MD Y
16-2176-
1111
20 Kratos-PSS San Diego CA N
16-2177-
1111
21 Kustom Signals,Inc.Lenexa KS N
16-2178-
0111
48
Supplement D
Department of Information Technology
ACTION AGENDA
June 22,2016
DoIT 10D
Company Name Corp.City State
Resident
Business
MDTax
Clearance
22 Lexmark International,Inc.Lexington KY N
16-2179-
1111
23 Magothy Technology Pasadena MD Y
16-2180-
1111
24 MS Technologies Corporation Rockville MD Y
16-2181-
1111
25 NEC Corporation of America Irving TX N
16-2182-
1111
26 Networking for Future,Inc.Washington DC N
16-2183-
1111
27 Networking Technologies &Support,Inc.Midlothian VA N
16-2184-
1111
28 Phillips Office Solutions Middletown PA N
16-2185-
1111
29 Ronco Communications Tonawanda NY N
16-2186-
0110
30 S3 Integration Baltimore MD Y
16-2187-
1111
31 SCD Information Technology Columbia MD Y
16-2188-
1011
32 SNAP,Inc.Chantilly VA N
16-2189-
1111
33 Soft-Con Enterprises,Inc.Hyattsville MD Y
16-2190-
0111
34 VisionaryTechnology Consultants(VTC)Maple Lawn MD Y
16-2191-
0111
35 Visual Sound/Kunz AV Broomall PA N
16-2192-
1111
49
ATTACHMENT B
CONTRACT PRICE &Quotation
STATE OF MARYLAND CONTRCT No.060B2490022-2015
Thomas F. Pepe -01-11-16
Page 6 of6
50
CompuquipTECHNOLOGIES11/2/16Quotation:24386-01CompuquipTechnologiesLLC2894NW79thAvenue,Doral,FL,33122Phone:727-423-1001-Fax#413-280-6742BradReed(breed@corapuquip.com)Agreementwith/Billto;CityofSouthMiamiAttn:StevenKulick,C.P.M.6130SunsetDriveSouthMiami,Fl33143Equipmentlocation/Shipto:"CityofSouth MiamiAttn:StevenKulick,C.P.M.6130SunsetDriveSouthMiami,Fl33143Note;PriceincludesenterprisecustomerdiscountSection 1-CheckPointManager,5600HAGatewaysandEndPofntwith3 years ofsupport1CPAP-SM20SCneckPo,nt"Smart"1205AppliancewithPolicy,LogandEventSecurityManagement$370500tfor5SecurityGateways*J,/9o.oo$3,795.00CBS-ENT-SS- Check Point- EnterprisePremiumSupport -IncludesSoftwareupdates and direct7 xPREMIUM24 Phonesupportwith a (30)minuteresponse time for3 yearsCheckPoint-5600NextGenerationThreatPrevention&SandBlast™(NGTX)Appliance-IncludesFirewall,VPN,AdvancedNetworkingandClustering,identityCPAP-SG5600-Awareness»MobileAccess,(IPS,ApplicationControl,URLFiltering,Anti-Spam,Anti-NGTXV,rusandAnt,"Bot'ThreatPreventionandThreatExtractionbladesforYear1only),NetworkPolicyManagement,LoggingandStatus.-Test(LAB)Performance:25GbpsFirewallthroughput(1518byteUDP)-BaseConfiguration:10on board1GbEcopperinterface.8GBMemory.CBS-ENT-SS-CheckPoint-EnterprisePremiumSupport-IncludesSoftwareupdatesanddirect7 xPREMIUM24Phonesupportwitha(30)minute responsetime for3 years1CPAP-SG5600-CheckPoint-5600NextGenerationThreatPrevention&SandBlast™(NGTX)NGTX-HAAppliancefor HighAvailabilityCBS-ENT-SS-CheckPoint-EnterprisePremiumSupport-IncludesSoftwareupdatesanddirect7xPREMIUM24Phonesupport witha(30)minute responsetimefor3 yearsNGTPSubscriptionsforyears2&3CPSB-NGTP-CneckPomt"NextGenerationThreatPreventionPackagefor2yearsfor56005600-2YAppliance-Includes:IPS,ApplicationControl,URLFiltering,Anti-Spam,Anti-VirusandAnti-BotbladesCPSB-NGTP-CneckPo,nt"NextGenerationThreatPreventionPackagefor2yearsfor56005600-2Y-HAAPP,Iance-HA•Includes:IPS,ApplicationControl,URLFiltering,Anti-Spam,Anti-VirusandAnti-BotbladesMobileAccessBladeswith3yearsofsupport1CPSB-MOB-50CheckPoint- MobileAccessBladefor 50concurrentconnections$2,639.25$2,639.25$20,640.00$20,640.00$13,158.00$13,158.00$15,136.00$15,136.00$10,526.40$10,526.40$14,107.50$14,107.50$11,286.00$11,286.00$1,232.00$1,232.00CBS-ENT-SS-CheckPoint-EnterprisePremiumSupport-IncludesSoftwareupdates anddirect7 xPREMIUM24Phonesupportwitha(30)minuteresponsetimefor3years*1,386.00$1,386.0051
1 """Check Point -Mobile Access Blade for 50 concurrent connections HA $861.00 $861.00
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 *1,180.80 $1,180.80
Endpoint Management and Total Security Bundle for 100 devices for 1 year
.CPSB-EP-TS-CheckPoint-Endpoint Management andTotal Security Bundle for 100 devices fori $3 87585 $3 875 85
SMB-Stan-100 year
Services
Compuquip -Senior Security Engineer -Dally Rate (based on 8 hour day)On-site
7 SEC-INSTALL services for implementation and basic knowledge transfer - project is estimated to $ 1,300.00 $ 9,100.00
take 7 days
Notes:
Authorized Signature:
Name:
Title:
Date:
1.)Price does not Include local taxes
2.)Our terms are Net 30
3.)Quotation valid until December 30,2016
Accepted by:_
Name:
Title:
Date:
Quotation Sub-Total $108,923.80
Freight $292.12
Quotation Totalj $109,215.92
52
ATTACHMENT B
CONTRACT PRICE &Quotation
STATE OF MARYLAND CONTRCT No.060B2490022-2015
Thomas F.Pepe-01-11-16
34
53
Compuquip
TECHNOLOGIES
11/2/16
Quotation:24386-01
Compuquip Technologies LLC
2894 NW 79th Avenue,Doral,FL,33122
Phone:727-423-1001 -Fax #413-280-6742
Brad Reed (breed@compuquip.com)
Agreement with/Bill to:
City of South Miami
Attn:Steven Kulick,C.P.M.
6130 Sunset Drive
South Miami,Fl 33143
Equipment location/Ship to:
"City of South Miami
Attn:Steven Kulick,C.P.M.
6130 Sunset Drive
South Miami,Fl 33143
Note:Price includes enterprise customer discount
Section 1 -Check Point Manager,5600 HAGateways and EndPoint with 3 years of support
CPAP-SM205 Cneck Polnt"Smart"1 205 Appliance with Policy,Log and Event Security Management -3 795 00 $ 3 795 00
for 5 Security Gateways
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7x .2 639 25 $ 2 639 25
PREMIUM 24 Phone support with a (30)minute response time for 3 years ''
CPAP-SG5600-
NGTX
Check Point -5600 Next Generation Threat Prevention &SandBlast™(NGTX)
Appliance -Includes Firewall,VPN,Advanced Networking and Clustering,Identity
Awareness,Mobile Access,(IPS,Application Control, URL Filtering,Anti-Spam,Anti-
Virus and Anti-Bot,Threat Prevention and Threat Extraction blades for Year 1 only),
Network 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.
$20,640.00 $20,640.00
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7x $13 158 00 $13158 00
PREMIUM 24 Phone support with a (30)minute response time for3 years '
CPAP-SG5600-Check Point -5600 Next Generation Threat Prevention &SandBlast™(NGTX)
NGTX-HA Appliance for High Availability
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7 x
PREMIUM 24 Phone support with a (30)minute response time for 3 years
NGTP Subscriptions for years 2 & 3
Check Point -Next Generation Threat Prevention Package for 2 years for 5600
$15,136.00 $15,136.00
$10,526.40 $10,526.40
CPSB-NGTP-
5600-2Y
Appliance- Includes:IPS,Application Control,URL Filtering,Anti-Spam,Anti-Virus $14,107.50 $14,107.50
and Anti-Bot blades
Check Point -Next Generation Threat Prevention Package for 2 years for 5600
5600-2Y-"Appliance -HA -Includes:IPS,Application Control,URL Filtering,Anti-Spam,Anti-
Virus and Anti-Bot blades
Mobile Access Blades with 3 years of support
1 CPSB-MOB-50 Check Point -Mobile Access Blade for 50 concurrent connections
$11,286.00 $11,286.00
$1,232.00 $1,232.00
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7x $^
PREMIUM 24 Phone support with a (30)minute response time for 3 years ''
35
54
1 "Check Point -Mobile Access Blade for 50 concurrent connections HA $861.00 $861.00
CBS-ENT-SS-Check Point -Enterprise Premium Support -Includes Software updates and direct 7x 118O8O *iiftftan
PREMIUM 24 Phone support with a (30)minute response time for 3 years ''
Endpoint Management and Total Security Bundle for 100 devices for 1 year
1 CPSB-EP-TS-Check Point-Endpoint ManagementandTotalSecurityBundlefor100devices fori $-..-..$1*1715 «s
SMB-Stan-100 year *W3J»*w*mo
Services
Compuquip -Senior Security Engineer - Daily Rate (based on 8 hour day)On-site
7 SEC-INSTALL services for implementation and basic knowledge transfer - project is estimated to $ 1,300.00 $ 9,100.00
take 7 days
Notes:
Authorized Signature:
Name:
Title:
Date:
1.)Price does not include local taxes
2.)Our terms are Net 30
3.)Quotation valid until December 30,2016
Accepted by:_
Name:
Tide:
Date:
36
Quotation Sub-Total $108,923.80
Freight $292.12
Quotation Total|$109,215.92
55
8SE NEIGHBORS SUNDAY NOVEMBER 6 2016
MIAMIHERALD.COM
Sales &Service
Open 7 Days
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEKEltY given thai the Qly C'.tnimjs.*ion of the Csly of SouthMiami. Florida v*ili conduoi Public Hearing*.0
ai iw rcculai City CumnuViun roc-cling sclicdulcd At Tuesd«iv.November l.V 2t»l6.beginning at 7.[in p.m..in ihc City
Commission Chambers.f*i?0 Sunset Drive.io consider Iho folh.wmf.'iietnfO
A Resolution aothoruing tin*City M;in3geito procure,i-nlinc reparation module oi RcCPro with R C Systems,lnc
A Resolution authorizing jJk City Manager lo purchase Microsoft 365 software anil cnicr intoa licensing agreement tvidi
SiJl Imcniaiional Corp.an auihon/cd contractor for Mic-insofi.througha piiyjyhaulc wiih \hz Siaie i>rFlf*rirta C'nnimci
No ii3?00l)0-15-02.
/a Resolution authorizing Ihc City Manner to punhiix.'Check Point firewall software applbnrc from Compuqi>ip\
/Technologic b.LLC.an autliuri/xJ tcscIIci ofCheck 1'nini LTD.ihruugh a piggyback with the Stale \»r Maryland j
\Conlraci No.060B24yfl022.
AmOrditmiicc Hiocuitlmj:the LandDevelopmentCode. Article VI.Section"20-f>1.nnd otherapplicableprovisions,lo
itclinc ihe tarn "les».resinriivr'"as il applies lo the wiine requirements of the City Commission.
An Ordinancevacating and abandoning a porimn of SW X2Sired more fully describedin a legal rievriiptior.lierem.
subject m certain condition*,including die preset vairmi of an ewccmeni.
An OrdinanceamendingSection 20-6 J of ihc City.il Snuh MiamiLand Development Cttdc.tomakecorrections ami
i»amend the iuc!i>bcr«hipand ipiomm requirements for die Planning Board.
An Oidinanee amrndmp the. Chapter 2. Article 1.Section 3-7.1 (B>;(C)and (C) 3 and?to nu'dily thecapitalisation of
key wordsand to add retirements l"r Sunshine Meetings.
AnOrdinanceamending the City of S««wli Miami LaiiriDevelopmentArticle Vi.Seclion20-6.1iB;(4)fa)iii in provide
lor .i jcconimcndnijon of the Planning Board when die Biiuid h deadlocked.
AU.intejcsicd parties arc invited ic nttend and *ill be heard
Por 1miner information, pleasecontact the City Clerk's Oftiee at 3(i5-6fiJ-MW.
Maori M.Mrnendc*.CMC
Chy Clerk
Pwwanii<*Ffrml*Su:iih-t1t(<OlfS.it*Cnyr*rct»y a.hmiihc publicihaiira j-tm*Antei in qif.-al.inyt'loti.m mad.-M ih:shrjrti AjXkcy <f(.'ommiMi?^
»yhSr^sjvxl'n*»>•Biaii.fct>ti9nk-ivJsi i«.nctliiip «i ht,-»iin£.be»n >hriviDn.t'l iibuvJ»-l ibvpuvtxtkaes.n*'-uV-ii fri ticjh pii/wc.Jll»-cieilperson iw>Ijc*h
lit i&sutcinal3 vcihMr,;»uvt>»ft »1rtiJ}«*'».-Milinj»tt tissOc ii-huhrecordlfc.-hklcr theictiinvmy iati <\iitftti e i»mh whichOiC an«s'i""•I*lojeil
CRIMEWATCH
Miami-Dade Police
offer tools to cut crime
BY CAltMEN GONZALEZ
CALDWELL
Specialto The Miumi Herald
This week I want to
share with you some great
tools offered by Miami-
Dade Police,which can
help you not only be safe
but also better informed.
These tools can help pre
vent crime,help solve
crimes and help you know
what is going on in your
immediate area:
NEW MIAMI-DADE
POLICE CELLPHONE
APP
Many crime watchers are
using the new COP (Com
munity on Patrol)app, a
great tool for reporting
every tiling from crimes to
suspicious incidents.Just
go to Apple or Android app
store and search for Com
munity on Patrol.
MIAMI-DADE COUNTY
SEXUAL OFFENDER &
PREDATOR SEARCH
Any Florida resident who
has been convicted of a
sexual offense (including
anyone convicted in another
state) must register as a
sexual offender with the
office of the local sheriff.In
the case of Miami-Dade
County, that is the Miami-
Dade Police Department.
Sexual offenders must dis
close where they live,and
must notify the police when
they relocate. This informa-
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 hrtp://gisweb.miami
dade.gov/sexoffenders/and
determine whether they or
their children,in their rou
tine activities (walkingfrom
the bus stop, bikingto a
friend's house, or going to
the mall)are likely to en
counter these offenders.
MIAMI-DADE COUNTY'S
CRIME VIEW
COMMUNITY
Miami-Dade County's
Crime View Community is
an online tool at
http://www.cnme
mapping.com/map/fl/
miami-dadecounty,which
residents can use to keep
themselves informed about
crime in the areas of interest
to them,such as near their
home,business or other
places they frequent.
Users can sign up to re
ceive automated email
alerts about recent criminal
events in specific areas.
While this online tool works
in all areas of unincorporat
ed Miami-Dade,it doesn't
work in some of the munici
palities.Residents should
check with their local gov
ernment to see if a similar
service is offered by that
municipality.
HOMICIDE BUREAU —
COLD CASE SQUAD
Advances in technology
and forensics have given a
boost to the work of Miami-
Dade Police's Cold Case
Squad.However,despite
scientific advances and the
work of these detectives,
there are about 2,000 cold
cases that remain unsolved.
Maybe you know something
that can help solveone of
these crimes.To learn about
these cases, go online to
http://www.miami
dade.gov/police/cold-
cascs.asp. Perhaps you can
help bring justice to the
families of these victims.
MIAMI-DADE POLICE
ON SOCIAL MEDIA
Follow MDPD on Twit
ter at https://twitter.com/
MiamiDadePD and visit
the department on
YouTnbe at
www.youtube.com/user/
mdpdmedia.
Carmen Caldwell is
executive director of
Citizens'Crime Watch of
Miami-Dade.Sendfeedback
and news for this column to
carmen @citizenscrime
watch.org, or call licr at
305-470-1670.
56
SWSAWil DAILY BUS8NESS REVIEW
Published Daily except Saturday. Sundayand
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 f/k/a Miami Review,a daily (except
Saturday,Sunday and Legal Holidays)newspaper.
published at Miami in Miami-Dade County.Florida;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
11/04/2016
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami,in said
Miami-Dade County,Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade
County,Florida each day {except 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 th
Sworn to and subscribed before me this
4 day of NOVEMBER,A.D.2016
(SEAL)
OCTELMA V. FERBEYREpersonally known to me
NOTICE IS HEREBY given that the City Commission of the City of South
Miami Florida will conduct Public Hearing®atits regular City Commission
meeting scheduled for Tuesday,.November 15,2016,beginning at 7:00 p.m.,
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.
AResolution authorizing the City Manager to purchase Microsoft
365 software and enter into a licensing agreement with SHI
International Corp.,an authorized contractor for Microsoft,
through a piggyback with the State of Florida Contract No.
4320000-15-02.
/a Resolution authorizing the City Manager to purchase Check Point \
/firewall software appliance from Compuquip Technologies,LLC,j
I an authorized reseller of Check Point LTD,through a piggyback^/
V Wlth 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"asitapplies to the voting requirements of the City
Commission.
An Ordinance vacating and abandoning a portion of SW 82 Street
more fully described in a legal description herein,subject to certain
conditions,including the preservation ofan 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 I,Section 2-2.1 (B),
(C)and (C)1 and£to modify the capitalization of key words and
toadd requirements for Sunshine Meetings.
An Ordinance amending the City of South Miami Land Development
Article VI,Section 20-6.1 (B)(4).(a)iii 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
CityClerk
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 itsi 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 averbatim record of the
proceedings is made which record includes the testimony and evidence
upon which the appeal is to be based.16.133/0000168486M '
57