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Res No 044-22-15797RESOLUTION NO: 044-22-15797 A Resolution authori zing the City Manager to enter into a multi-year agreement, piggybacking onto the agreement between Forti net, Inc. and Region XXIV Education Service Center which is administered by t he National Cooperative Purchasing Alliance for the South Miami Police Department Fortinet firewall appliance through Fortinet's authorized reseller Compuquip Technologies, LLC . WHEREAS, Fortinet firewall appliance is Federal Information Processing Standards (FIPS) compliant which is mandated by the Crimin al Ju stice & Inform ation Services (CJIS) and mana ge d by the Federal Bureau of Investigat ion (FBI) and Florida Department of Law Enforcem ent (FDLE); and WHEREAS, in accordance with th e South Miami Police Department last audit and on-site inspection it was required that FIPS firewall s be utilized to be in compliance with current CJIS mandates; and WHEREAS, National Cooperative Purchasing Alliance (NCPA) is a procurement cooperative t hat wo rk s with a lead agency to competitively solicit ma ste r contracts for use by govern ment and public agencies and, in this case, th e le ad agency for this solicitation is the Region XXIV Edu cation Service Center (Region 14 ESC ) and; WHEREAS, Region 14 ESC has entered into a certain Master Agreement referenced as Co ntract Number by and between Region 14 ESC and Fortinet, In c. (Fortinet), as may be amended from time to time in accordance with the terms thereof (the "Master Agreement "), for the purchase of IT Sec uri ty and Data Protection Solutions; and WHEREAS, said Master Agreement provides that any state, city, special district, local government, sc hool district, private K-12 sc hool, technical o r vocatio nal school, high er education institution, other government agency or nonprofit organization (herei nafter referred to as "public agency" or collectively, "public agencies") may purchase products and services at the prices indicated in the Master Agreement; and WHEREAS, NCPA has the administrative and le ga l capacity to administer purchases under the Master Agreement to public agencies; and WHEREAS, the Fortin et firewall purchase will be mad e through an agreement with Compuquip Technologies, LLC, an authorized reseller for Fortinet, by pi ggybacking onto Fortinet's agreement for the IT Security and Data Protection So lutions w ith Region 14 ESC through the National Cooperative Purchasing Alliance Contract No. 01-77; and WHEREAS, the le ad agency is sue s se aled competitive so licitations for a product or service through NCPA; and; WHEREAS, each fi sc al year in the City's Adopted Budget, there is a lin e-item amount for the license maintenance and renewa l for firewall appliance for th e Sout h Miami Poli ce Department giving Page 1 of 2 Res. No. 044-22-1 5 797 the City the authority to p u rchase the license renewals for a not to exceed amount reflected in the line- item published in each subsequent Fiscal Years Adopted Budgets; and WHEREAS, the expenditure for Fiscal Year 2021-2022 for the South Miami Police Department will not exceed $56,830 and will include installation, maintenance, and renewals for a term of three- years and shall be charged to Federal Forfeiture Account number 615-1910-521-5205, which has a balance of $34,000 and Federal Forfeiture Account number 615-1910-521-5220, which has a balance of $32,000 before this request was made. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. Section 1. The fo r egoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a sp ecific part of this resolution upon adoption hereof. Section 2. The City Manager is authorized to enter into a multi-year piggyback agreement with Compuquip Technologies, LLC, for a Fortinet firewall appliance fo r the South Miami Police Department for Fiscal Year 2021-2022 for an amount not to exceed $56,830. Line-item amounts are to be reflected in the City's Adopted Budgets in subsequent fiscal years for as long as the South Miami Police Department utilizes the Forti net firewall appliance in accordance with the piggyback agreement. Section 3. Correcti ons. Conforming lan guage or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4. Severa bility. If any sect ion clause, sentence, o r phrase of this resolution is for any reason held invalid or unco nstitutional by a court of competent jurisdiction, the holding will not affect the validity of the remaining portions of this re so lution. Section 5. Effective Date. This resolution wi ll become effective immediately upon adoption. PASSED AND ADOPTED this 19t h day of Ap ril , 2022 ATTEST: APPROVED: COMMISSION VOTE: VE DAS TO FORM , UTION Mayor Philips: Commissioner Harri s: Commissioner Liebman: Commissioner Gil: Commissioner Corey: Page 2 of 2 5 -0 Yea Yea Yea Yea Yea Agenda Item No:4. City Commission Agenda Item Report Meeting Date: April 19, 2022 Submitted by: Steven Kulick Submitting Department: Police Department Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to enter into a multi-year agreement, piggybacking onto the agreement between Fortinet, Inc. and Region XXIV Education Service Center which is administered by the National Cooperative Purchasing Alliance for the South Miami Police Department Fortinet firewall appliance through Fortinet’s authorized reseller Compuquip Technologies, LLC. 3/5 (City Manager-Police Department) Suggested Action: Attachments: CM_Memo_Fortinet_Firewall_Applaince_3.23.22 (1).docx Resolution_Fortinet_Firewall_Piggyback_3.23.22__002_CArev.docx Piggyback FORTINET NCPA CONTRACT 3.23.22.pdf 2022_03_23 City of South Miami - Fortinet Quote 401Es & 61Fs-Rev3.pdf FortiGate Specification Sheets _400E.pdf MDBR Ad.pdf MH Ad.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:April 19, 2022 SUBJECT:A Resolution authorizing the City Manager to enter into a multi-year piggyback agreement with Compuquip Technologies, LLC, for a Fortinet firewall appliance for the South Miami Police Department, onto a piggyback agreement with the National Cooperative Purchasing Alliance. BACKGROUND:Fortinet firewall appliance is Federal Information Processing Standards (FIPS) compliant which is mandated by the Criminal Justice & Information Services (CJIS) and managed by the Federal Bureau of Investigation (FBI) and Florida Department of Law Enforcement (FDLE). In accordance with the South Miami Police Department’s last audit and on-site inspection, it was required that FIPS firewalls be utilized to be in compliance with current CJIS mandates. The Fortinet firewall purchase will be made through a piggyback agreement to Compuquip Technologies, LLC, an authorized reseller for Fortinet on the IT Security and Data Protection Solutions National Cooperative Purchasing Alliance (NCPA) Contract No. 01-77 as the City’s sole source firewall appliance for the South Miami Police Department. NCPA is a procurement cooperative who works with a lead agency to competitively solicit master contracts for use by government and public agencies. In this case, the lead agency for this solicitation is the Region XXIV Education Service Center. The lead agency issues sealed competitive solicitations for a product or service on behalf of NCPA and all public agencies. The lead agency evaluates the responses received based on identified evaluation criteria and awards contracts. Each fiscal year in the City’s Adopted Budget, there is a line-item amount for the licensee renewal for the Fortinet firewall appliance for the South Miami Police Department. The City shall have the authority to purchase the license renewals for an amount not to exceed what is reflected in the line-item amounts published in each subsequent Fiscal Years Adopted Budget. 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The expenditure for Fiscal Year 2021 – 2022 for the South Miami Police Department for the Fortinet firewall appliance shall not exceed $56,830 and shall include installation, maintenance and renewals for a term of three-years. ACCOUNT:$56,830 charged to Federal Forfeiture Account number 615-1910-521- 5205, which has a balance of $34,000 and Federal Forfeiture Account number 615-1910-521-5220, which has a balance of $32,000 before this request was made. ATTACHMENTS:Resolution Piggyback Agreement, Compuquip Technologies, LLC Fortinet Firewall Appliance Quote Fortinet Specification Sheets 3 CONTRACT FOR IT SECURITY A N D DATA PROTECTION SOLUTIONS t THIS AGREEMEN T made and ent e red int o thi s .L.. ~a~ o f Apri l . 20 22 by and V' betwe en the City o f So uth Mi a mi. a Fl o rida muni c ipal Co rp o rati o n by and th ro ugh its C it y Man ager (he re inafte r re fe rre d to as ··C ity'·) and C OMPU QUIP TECHNOLOGIES, LLS. a n authori zed reseller for Fortinet, (hereinafte r referred to as "Contrac tor··). who se address is 9737 NW 41 Street, Suite 786, Doral, FL 33178 and wh ose emai l add ress is : lsantiago@ compuguip.com.c o m ; and a ve nd o r o n the IT S ecurity and Data Protection Solutions Contract th ro ug h th e Region XX.IV Education Service Center and National Cooperative Purchasing Alliance (NCPA) Contract. WITNESS ETH: WHEREAS, Region XXIV Education Service Center as the lead agency for NCPA so licited b ids purs uant to SOLICITATION No. 02-18 for IT Security and Data Protection Solutions; and WHEREAS, Region XXIV Education Service Center as the lead agency for N CPA after co mpleting a co mp e titi ve bidd ing proces s. award ed a contract to Co ntracto r: a nd WHEREAS, the C ity o f So uth Miami des ir es to utili ze Re gion XXIV Education Service Center as the lead agency for NCPA's Contract No. 01-77 w ith Co nt ractor; and WHERE A S . th e C it y is a uth ori zed. purs ua nt to t he C it y o f So uth M iami·s Chart e r. to pi ggyback off o f contracts, s uch as th e co ntra ct in ques ti on be twe en R e gion XXIV Educa t ion Service Center as the lead agency for NCPA a nd Contrac tor. th at were e nte red into in acco rdanc e with a so licitati on process th a t is at least as v igoro us as that o f the C ity o f So uth Mi ami; a nd NOW, THEREFORE, t he C it y a nd the Co ntract or, ea ch thro ug h th e ir auth o rized repre sentati ve/offi c ial , ag ree as foll ows : 1. Th e C it y des ir es to e nt e r int o a Contrac t. und e r th e sa me prov is io ns as se t fo rth in the co ntract betv,1e e n th e R egion XXIV Education Service Center as the lead agency for NCPA and Co ntractor pu rs uant to th e SOLICITATION No. 02-18 Contract No. 01-77, as modi fie d by thi s Ag re e me nt. 2. The C ity ha s rev ie wed th e co ntract be tween the Region XXJV Education Service Center as the lead agency for NCPA a nd Co ntrac to r and agrees to th e prov is io ns of th at contrac t whi c h s ha ll be a pplic a bl e to a purcha se o rder to be iss ued by th e Ci ty and further ag rees to the fa ir and reaso nableness o f the pri c in g . Contra ctor here by ag rees to prov ide s uc h goo ds and/o r se rvices . pu rs ua nt to th e C ity's purchase o rde r made d uring th e term o f thi s Ag reement. under th e sam e price(s). term s and co nditi o ns as fo und in th e so lic it a ti on docum e nt s. th e res po nse to th e so licita ti o n. a nd th e Agree me nt /Cont rac t and /or th e Awa rd. pe rtin e nt c o pi es of whi ch are anac hed hereto as Attachment A an d made a pa rt hereof by re fe re nc e . 3 . All re fe renc es in th e co ntra c t between Region XXIV Education Service Center as the lead agency for NCPA and Contractor, shall be assumed to pertain to, and are binding upon Contractor and the City of South Miami. All decisions that are to be made on behalf of Region XXIV Education Service Center as the lead agency for NCPA as set forth in the contract between Region XXIV Education Service Center as the lead agency for NCPA, shall all be made by the City Manager for the City of South Miami. Notwithstanding anything contained in the Region XXIV Education Service Center as the lead agency for NCPA SOLICITATION No. 02-18 Contract No. 01-77 between Region XXIV Education Service Center as the lead agency for NCPA and the Contractor to the contrary, this Agreement shall be governed by the laws of the State of Florida and venue for all dispute resolutions or litigation shall be in Miami-Dade County, Florida. 4. Term. The term of the contract, including all extensions authorized by the contract shall not exceed consecutive five years. 5. Scope of Goods and Services. The scope of goods and services (which may hereinafter be referred to as the '4 Work") are set forth in the attached Attachment A and any attachments thereto and the City's purchase order. the latter of which shall take precedence. The Contractor has agreed to deliver the goods, if any, and perform the services, if any, in a workman like manner and in accordance with all state, county and City laws. at the locations, if any, designated by the City. All of the goods and services reflected in Attachment A shall, unless otherwise stated in the Attachment A or B, be delivered, if good, and commenced, if services, within N/A days from the date of the execution of this Agreement. The Contractor shall obtain and pay for all permits required for the goods and services rendered, if any, with the exception of permits fees charged by the City, said fees shall be waived. 6. Contract Price. The contract price for the good and services is set forth in Attachment A or B. If not otherwise set forth in the contract between Region XXIV Education Service Center as the lead agency for NCPA and the Contractor, the Contractor shall be paid upon delivery of all the goods, if any, the completion of all the services, if any, and after final inspection and approval, by the City, that approves of the goods delivered, if any, and the services performed, if any. 7. Precedence. The term, provisions and conditions of this Agreement shall take precedence over the terms, provisions and conditions of the contract between Contractor and Region XXIV Education Service Center as the lead agency for NCPA. 8. Grant Funding: This project is being funded by N/ A and Contractor agrees to comply with all the requirements of that Grant, applicable to the delivery of the goods and/or services that are the subject of this Agreement, and that are within its power to provide and to provide all the documentation within its control that is required for the City to be able to recover as much of the contract price that is available pursuant to the terms of the grant. A copy of the grant, if any. is attached hereto and made a part hereof by reference. 9. Public Records: CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the pub lic agency to perform the se rvice: (b) Upo n request from the public agency's custodian of public records. prov ide the public agency with a copy of the reque sted rec ords or a llow the rec ord s to be inspected or copied within a reaso nable time at a cost that does not exceed the co st provided in this chapter or as otherwise provided by law: (c) Ensure that public records that are exempt or co nfidential and exempt from pub li c rec o rd s disclosure requirements are not disclosed excep t as authorized by law fo r the duration of the contract term and following completion of the contract if the contractor doe s not transfer the rec o rd s to the public agency: and (d) Upon complet ion of the contract, tran sfe r, at no cost, to th e pub lic agency all public records in po ssess ion of the contractor or keep and maintain public record s required by the public agency to perform the serv ice. If the contractor transfers a ll public records to the public age ncy up on comp le ti on of the contract, the contractor s hall destroy any dupl icate public reco rds that a re exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public record s up o n complet io n of the contract, the contractor sha ll meet a ll app li cable requ ir eme nt s fo r retai ning public record s. All rec o rd s stored electronically must be provided to the public age ncy . upon requ est from the public agency's custodian of public records, in a format that is compat ible w ith the information technology syste ms of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: npayne@southmiamifl.gov ; 6130 Sunset Drive, South Miami, FL 33143. 10. Waiver Jury Trial: City and Con tra ctor knowingl y . irrevocably vo luntarily and intentionally wa ive any ri ght either may have to a trial by jury in State o r Federal Court proceedings in respect to any act ion, proceeding, o r la ws uit arising ou t of the Contract Documents or th e performance of the Work thereunder or any counterclaim. cross-claim or third part y c laim filed in the same proceeding. 11. Notices: Whenever notice shall be required or permitted herein , it s hall be delivered by hand delivery, e -m ai l (or s imil ar elec tronic transmis s ion). facsimile transmission or certified mail w ith return receipt requested and shall be deemed delivered o n the date shown on the e-m a il or delivery confirmation for any facsimile transm ission o r. if by certified mail. the date on the return receipt or the date shown as the date same was refused o r unclaimed. If hand delivered to the CITY. a copy must be stamped w ith the officia l CITY receipt stamp s howing the date of delivery, otherwise the document shall not be considered to ha ve been hand delivered. Not ices shall be delivered to the following indi vidual s or e nt iti es at the add resses (including e- mail) o r facsim il e transm ission numbers set forth below or in the introductory paragraph to thi s contract: To C ITY: City Manager. 6130 Sunset Dr. Sout h Miami . FL 33 143 Tel: (305) 668 -25 10 Fax: (305) 663-6345 E-mail: skamali@so uthmiamin.gov With co pi es to: C ity Att orney 6130 S un set Dr. So uth Miami. FL 33143 Tel: (3 05 ) 667-2564 Fax: (305) 341 -0584 E-mail : tpepe @so uthmiam i fl.g ov 12. Validity of E xecuted Copies: T hi s Ag reement may be exec uted in severa l co unterpa rt s. eac h o f whi c h ma y be con s trued as a n o riginal. 13. A ttorneys' Fees and Costs: In the event of any li t igat io n betwee n th e pa rti es aris in g o ut of or re lat in g in a ny ,,,vay to thi s Ag reement or a breac h th ereof. each party sha ll bear it s own costs a nd legal fees . No thin g co nt ained here in s hall prevent or prohibi t the ri ght to be ind e mnified for any a tt orney fees incurred in th e defense of a n acti o n by a person o r e ntit y who is not a pa rty to thi s Ag reement. 14. Indemnification: Notwit hs tanding anyth in g co ntai ned in th e co ntract betwee n Contrac to r and Region XXIV Education Serv ice Center as the lead agency for NCPA to the con trary. the C ity does not waive it s sove reign immunit y g ranted by Florida Statut es. Section 768.28 . and th e C ity's to rt liability s hall be limited to the wa iver of sovereign immunit y provided for in Sectio n 768.28. 15. S everabili ty: If any term o r provis ion of this Agreement or the application thereof to a ny person or circum stance s ha ll, to any extent, be invalid o r unenforceable, the rem ai nd er of thi s Agreem e nt , or th e ap plicati o n of suc h term or pro vis io n to persons o r c ircumstances oth er t han those to whi c h it is held inva lid o r unenforceable. s hall not be affected th ereby and each term and prov is ion of th is Agreement s hall be va lid and enforceable to the fullest extent permitted by law . 16. E -VERIFY: As a condition precedent to ent ering int o thi s Agreement. and in compliance w ith Section 448 .0 95, Fla . Stat.. Contractor and it s su bcontractors mu st regi ste r wi th a nd use the E-V e rify system to ve rify wo rk a uth oriza ti o n statu s o f a ll emp loyees hired after Janua ry I. 2021. a) Contrac to r mu s t require each of it s s ub cont racto rs to provide Co ntra c tor w it h an affidavit s tating that the subcontractor does not employ. con tract wit h. o r s ubcontract w ith an unauthori zed alien . b) Co ntracto r mu st main tain a copy of the s ubco ntractor's affidavit as part of and purs uan t to th e records retention requirements of thi s Agreement. c) The C it y. Contractor. or any subcontract o r who has a good fai th be lie f tha t a pe rson o r en tity wit h whic h it is co ntracting has kn owingly v iolated Sectio n 448 .09( I). Fla. Stat. o r the prov is io ns of thi s sect ion mu st te rmi nate the contract w ith the pe rso n o r e nt ity. d) The C ity, up o n good faith belief that a s ub con tra ctor know ing ly vio lated the provision s of thi s secti on . but that the Con tracto r otherw ise co mplied , must promptl y notify Co ntractor and Contractor must imm edi a tel y te rmi na te th e con tract w ith th e s ubcontracto r. e) A contract te rmin ated under the pro v is io ns of this Sect ion is not a breach of contract and ma y no t be conside red su c h. f) Any c ontrac t te rminati o n unde r th e prov is io ns of thi s Sec ti o n ma y be challenged no late r than 20 ca le nd ar da ys a ft e r the date o n which th is Agree me nt is te rmin ated pursuant to parag rap h b. or c. above . g) Cont rac to r acknowledges that up on termination of thi s Ag reement by the City for a v io lat io n o f thi s Section by Contractor. Co ntractor may not be awa rde d a publ ic contract for at lea s t one (I) yea r. Con tractor fu1t he r acknow ledge s that Contracto r is li ab le fo r any additi o nal costs in c urred by t he C ity as a re s ult of termination o f any co ntr ac t fo r a v io lati o n of thi s Section. h) Subcontra cts . Contractor or s ub contrac to r must in se rt in any s ubco ntracts the c lauses se t fort h in th is Secti on. inc lu ding thi s S ubsection, requiring the s ubco ntracto rs to include these clauses in a ny lowe r ti er s ubc ontracts. Contractor is respo ns ib le for comp li ance by a ny s ubcontractor o r lower tier s ubco ntracto r w ith th e c lauses se t forth in th is Sect ion a nd Contractor's failure to enforce complian ce is a s ub stanti a l a nd mate ri a l breac h of thi s Agree ment. I N WITNESS WHEREOF, a nd as the duly aut ho ri zed act of the part ies. t he unde rs ign ed representatives o f th e paities here to have caused thi s in st rum ent to be s ign ed in the ir respective name s by their pro per official s o n o r befo re the day and yea r first above written . (ty pe na me a nd t itl e of s ignatory above) ATTEST: By l) ~ o-it ,I Nke n; Pa y ne'3Mc C it y C le rk C ITY OF SOUT H M IAM I By:~t:o ~' Sha ri Ka ma li C it y Manage r 4guage. Lega lit y and Execu ti on Th e reof. ATTACHMENT A CONTRACT FOR IT SECURITY AND DATA PROTECTION SOLUTIONS REGION XXIV EDUCATION SERVICE CENTER AND NATIONAL COOPERATIVE PURCHASING ALLIANCE (NCPA) • RFP #02-18 FOR IT SECURITY AND DATA PROTECTION • FORTINET RESPONSE TO RFP #02-18 • CONTRACT #01-77 • FORTINET AWARD LETTER • FORTINET 5TH YEAR RENEWAL LETTER • RFP ADVERTISMENTS; USA TODAY 2/2022018, USA TODAY 2/27/2018, NCPA WEBSITE 12 Request for Proposal (RFP) for IT Security and Data Protection Solutions Solicitation Number: 02-18 Publication Date: Tuesday, February 13th, 2018 Notice to Respondent: Submittal Deadline: Tuesday, March 20th, 2018 2:00 pm CST Questions regarding this solicitation must be submitted to questions@ncpa.us no later than Tuesday, March 13th, 2018. All questions and answers will be posted to http://www.ncpa.us/solicitations. It is the intention of Region 14 Education Service Center (herein “Region 14 ESC”) to establish a Master Agreement for IT Security and Data Protection Solutions for use by Region 14 ESC and other public agencies supported under this contract. This Request for Proposal is issued on behalf of the National Cooperative Purchasing Alliance through a public agency clause, which provides that any county, city, special district, local government, school district, private K-12 school, higher education institution, state, other government agency, healthcare organization or nonprofit organization may purchase Products and Services through this contract. Respondents will be required to execute the NCPA Administration Agreement upon award. This contract will allow agencies to purchase on an “as needed” basis from a competitively awarded contract. Respondents are requested to submit their total line of available products and services. While this solicitation specifically covers IT Security and Data Protection Solutions, respondents are encouraged to submit an offering on any or and all products and services available that they currently perform in their normal course of business. Responses shall be received no later than the submittal deadline in the offices of Region 14 ESC at the address below: Region 14 Education Service Center 1850 Highway 351 Abilene, Texas 79601 Immediately following the deadline, all responses will be publically opened and the respondents recorded. Any response received later than the specified deadline, whether delivered in person or mailed, will be disqualified. Faxed or electronically submitted responses cannot be accepted. Responses must be sealed and plainly marked with the company name and the opening date and time. Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided. 13 Competitive Solicitation by Region 14 Education Service Center For IT Security and Data Protection Solutions On behalf of itself and other Government Agencies And made available through the National Cooperative Purchasing Alliance RFP # 02-18 14 Introduction / Scope ¨ Region 14 ESC on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and non- profit organizations (herein “Public Agency” or collectively “Public Agencies”) is soliciting proposals from qualified vendors to enter into a Master Agreement for a complete line of IT Security and Data Protection Solutions. ¨ Region 14 ESC, as the lead public agency, has partnered with NCPA to make the resultant contract available to all participating agencies in the United States. NCPA provides marketing and administrative support for the awarded vendor that promotes the successful vendor’s products and services to Public Agencies nationwide. The Vendor will execute the NCPA Administration Agreement (Tab 2) upon award. Vendor should thoroughly review all documents and note any exceptions to NCPA terms and conditions in their proposal. ¨ Awarded vendor(s) shall perform covered services under the terms of this agreement. Respondents shall provide pricing based on a discount from their standard pricing schedules for products and/or services offered. Electronic Catalog and/or price lists must accompany the proposal. Multiple percentage discount structure is also acceptable. Please specify where different percentage discounts apply. Additional pricing and/or discounts may be included. ¨ Each service proposed is to be priced separately with all ineligible items identified. Services may be awarded to multiple vendors. Respondents may elect to limit their proposals to a single service within any category, or multiple services within any and all categories. ¨ National Cooperative Purchasing Alliance (NCPA) Ø The National Cooperative Purchasing Alliance (herein “NCPA”) assists public agencies to increase their efficiency and reduce their costs when procuring goods and services. This is accomplished by awarding competitively solicited contracts that are leveraged nationally by combining the volumes and purchasing power of entities nationwide. Our contracts are available for use by any entity that must comply with procurement laws and regulations. ¨ It is the intention of Region 14 ESC and NCPA to achieve the following objectives through this RFP. Ø Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Public Agencies; Ø Achieve cost savings of Vendors and Public Agencies through a single competitive solicitation process that eliminates the need for multiple proposals; Ø Combine the purchasing power of Public Agencies to achieve cost effective pricing; Ø Reduce the administrative and overhead costs of Vendors and Public Agencies through state of the art purchasing procedures. 15 Instructions to Respondents ¨ Submission of Response Ø Only sealed responses will be accepted. Faxed or electronically transmitted responses will not be accepted. Ø Sealed responses may be submitted on any or all items, unless stated otherwise. Region 14 ESC reserves the right to reject or accept any response. Ø Deviations to the terms, conditions and/or specifications shall be conspicuously noted in writing by the respondent and shall be included with the response. Ø Withdrawal of response will not be allowed for a period of 120 days following the opening. Pricing will remain firm for 120 days from submittal. ¨ Required Proposal Format Ø Responses shall be provided in a three-ring binder or report cover using 8.5 x 11 paper clearly identified with the name of Respondents company and solicitation responding to on the outside front cover and vertical spine. Two (2) bound and signed copies of the proposals and Two (2) electronic copies on CD, DVD, or flash drives (i.e. pin or jump drives) shall be provided. Tabs should be used to separate the proposal into sections, as identified below. Respondents failing to organize in the manner listed may be considered non- responsive and may not be evaluated. ¨ Binder Tabs Ø Tab 1 – Master Agreement / Signature Form Ø Tab 2 – NCPA Administration Agreement Ø Tab 3 – Vendor Questionnaire Ø Tab 4 – Vendor Profile Ø Tab 5 – Products and Services / Scope Ø Tab 6 - References Ø Tab 7 - Pricing Ø Tab 8 – Value Added Products and Services Ø Tab 9 – Required Documents ¨ Shipping Label Ø The package must be clearly identified as listed below with the solicitation number and name of the company responding. All packaged must be sealed and delivered to the Region 14 ESC offices no later than the submittal deadline assigned for this solicitation. From: ________________________________________________________________ Company: ________________________________________________________________ Address: ________________________________________________________________ City, State, Zip: ________________________________________________________________ Solicitation Name and Number: ________________________________________________________________ Due Date and Time: ________________________________________________________________ 16 Tab 1 – Master Agreement General Terms and Conditions ¨ Customer Support Ø The vendor shall provide timely and accurate technical advice and sales support. The vendor shall respond to such requests within one (1) working day after receipt of the request. ¨ Assignment of Contract Ø No assignment of contract may be made without the prior written approval of Region 14 ESC. Awarded vendor is required to notify Region 14 ESC when any material change in operation is made. ¨ Disclosures Ø Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. Ø The respondent affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract. ¨ Renewal of Contract Ø Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew annually for an additional two (2) years if agreed to by Region 14 ESC and the vendor. ¨ Funding Out Clause Ø Any/all contracts exceeding one (1) year shall include a standard “funding out” clause. A contract for the acquisition, including lease, of real or personal property is a commitment of the entity’s current revenue only, provided the contract contains either or both of the following provisions: Ø Retains to the entity the continuing right to terminate the contract at the expiration of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. ¨ Shipments (if applicable) Ø The awarded vendor shall ship ordered products within seven (7) working days for goods available and within four (4) to six (6) weeks for specialty items after the receipt of the order unless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this point the participating entity may cancel the order if estimated shipping time is not acceptable. 17 ¨ Tax Exempt Status Ø Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor. ¨ Payments Ø The entity using the contract will make payments directly to the awarded vendor or their affiliates (distributors/business partners/resellers) as long as written request and approval by NCPA is provided to the awarded vendor. ¨ Adding authorized distributors/dealers Ø Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized. Ø Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA. Ø Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder. Ø All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA. ¨ Pricing Ø All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor’s responsibility to keep all pricing up to date and on file with NCPA. Ø All deliveries shall be freight prepaid, F.O.B. destination and shall be included in all pricing offered unless otherwise clearly stated in writing ¨ Warranty Ø Proposals should address each of the following: § Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. § Availability of replacement parts § Life expectancy of equipment under normal use § Detailed information as to proposed return policy on all equipment ¨ Indemnity Ø The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the vendor, vendor employees or vendor subcontractors in the preparation of the solicitation and the later execution of the contract. 18 ¨ Franchise Tax Ø The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes. ¨ Supplemental Agreements Ø The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the participating entity and awarded vendor. ¨ Certificates of Insurance Ø Certificates of insurance shall be delivered to the Public Agency prior to commencement of work. The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ¨ Legal Obligations Ø It is the Respondent’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ¨ Protest Ø A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST. Protests shall be filed with Region 14 ESC and shall include the following: § Name, address and telephone number of protester § Original signature of protester or its representative § Identification of the solicitation by RFP number § Detailed statement of legal and factual grounds including copies of relevant documents and the form of relief requested Ø Any protest review and action shall be considered final with no further formalities being considered. ¨ Force Majeure Ø If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer 19 period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. Ø The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty ¨ Prevailing Wage Ø It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. It shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjust wage rates accordingly. ¨ Miscellaneous Ø Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will cease following completion of final purchase order. ¨ Open Records Policy Ø Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception(s) are applicable and provide detailed reasons to substantiate the exception(s). Ø The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficient information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG. Region14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. 20 Process Region 14 ESC will evaluate proposals in accordance with, and subject to, the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evaluating proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, and satisfy all mandatory requirements identified in this document. ¨ Contract Administration Ø The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC. ¨ Contract Term Ø The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms. Ø It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initial term of the contract. NCPA will monitor any maintenance agreements for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ¨ Contract Waiver Ø Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ¨ Products and Services additions Ø Products and Services may be added to the resulting contract during the term of the contract by written amendment, to the extent that those products and services are within the scope of this RFP. ¨ Competitive Range Ø It may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ¨ Deviations and Exceptions Ø Deviations or exceptions stipulated in response may result in disqualification. It is the intent of Region 14 ESC to award a vendor’s complete line of products and/or services, when possible. ¨ Estimated Quantities Ø The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $1 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation 21 ¨ Evaluation Ø Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance. ¨ Formation of Contract Ø A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. ¨ NCPA Administrative Agreement Ø The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort. ¨ Clarifications / Discussions Ø Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent’s whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondents are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents’ proposals or prices. ¨ Multiple Awards Ø Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies. ¨ Past Performance Ø Past performance is relevant information regarding a vendor’s actions under previously awarded contracts; including the administrative aspects of performance; the vendor’s history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor’s businesslike concern for the interests of the customer. 22 Evaluation Criteria ¨ Pricing (40 points) Ø Electronic Price Lists § Products, Services, Warranties, etc. price list § Prices listed will be used to establish both the extent of a vendor’s product lines, services, warranties, etc. available from a particular bidder and the pricing per item. ¨ Ability to Provide and Perform the Required Services for the Contract (25 points) Ø Product Delivery within participating entities specified parameters Ø Number of line items delivered complete within the normal delivery time as a percentage of line items ordered. Ø Vendor’s ability to perform towards above requirements and desired specifications. Ø Past Cooperative Program Performance Ø Quantity of line items available that are commonly purchased by the entity. Ø Quality of line items available compared to normal participating entity standards. ¨ References (15 points) Ø A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years ¨ Technology for Supporting the Program (10 points) Ø Electronic on-line catalog, order entry use by and suitability for the entity’s needs Ø Quality of vendor’s on-line resources for NCPA members. Ø Specifications and features offered by respondent’s products and/or services ¨ Value Added Services Description, Products and/or Services (10 points) Ø Marketing and Training Ø Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø Customer Service 23 Signature Form The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. Prices are guaranteed: 120 days Company name Address City/State/Zip Telephone No. Fax No. Email address Printed name Position with company Authorized signature 24 Tab 2 – NCPA Administration Agreement This Administration Agreement is made as of __________________________________, by and between National Cooperative Purchasing Alliance (“NCPA”) and ____________________________________ (“Vendor”). Recitals WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______________________, referenced as Contract Number _______________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of IT Security and Data Protection Solutions; WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies; WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis; NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows: ¨ General Terms and Conditions Ø The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. Ø NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC. Ø Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. Ø NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement. Ø With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 25 14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. Ø The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ¨ Term of Agreement Ø This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement. ¨ Fees and Reporting Ø The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at reporting@ncpa.us. Reports are due on the fifteenth (15th) day after the close of the previous month or quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below: Entity Name Zip Code State PO or Job # Sale Amount Total ________________ Ø Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides. Annual Sales Through Contract Administrative Fee 0 - $30,000,000 2% $30,000,001 - $50,000,000 1.5% $50,000,001+ 1% 26 Ø Supplier shall maintain an accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by Region 14 ESC or NCPA. In the event such audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit. ¨ General Provisions Ø This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. Ø Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA. Ø If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled. Ø Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA. Any assignment without such consent will be void. Ø This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder Ø All written communications given hereunder shall be delivered to the addresses as set forth below. National Cooperative Purchasing Alliance: Name: ________________________________________ Title: ________________________________________ Address: ________________________________________ ________________________________________ Signature: ________________________________________ Date: ________________________________________ Vendor: ________________________________________ Name: ________________________________________ Title: ________________________________________ Address: ________________________________________ ________________________________________ Signature: ________________________________________ Date: ________________________________________ 27 Tab 3 – Vendor Questionnaire Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered Ø Bidder must indicate any and all states where products and services can be offered. Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) Alabama Maryland South Carolina Alaska Massachusetts South Dakota Arizona Michigan Tennessee Arkansas Minnesota Texas California Mississippi Utah Colorado Missouri Vermont Connecticut Montana Virginia Delaware District of Columbia Nebraska Nevada Washington West Virginia Florida New Hampshire Wisconsin Georgia New Jersey Wyoming Hawaii New Mexico Idaho New York Illinois North Carolina Indiana North Dakota Iowa Ohio Kansas Oklahoma Kentucky Oregon Louisiana Pennsylvania Maine Rhode Island 28 All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) ¨ Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified. § Minority / Women Business Enterprise • Respondent Certifies that this firm is a M/WBE § Historically Underutilized Business • Respondent Certifies that this firm is a HUB ¨ Residency Ø Responding Company’s principal place of business is in the city of _______________________, State of __________ ¨ Felony Conviction Notice Ø Please Check Applicable Box; A publically held corporation; therefore, this reporting requirement is not applicable. Is not owned or operated by anyone who has been convicted of a felony. Is owned or operated by the following individual(s) who has/have been convicted of a felony Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached. ¨ Distribution Channel Ø Which best describes your company’s position in the distribution channel: Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information Ø Provide company contact information for the following: § Sales Reports / Accounts Payable Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ American Somoa Northern Marina Islands Federated States of Micronesia Puerto Rico Guam U.S. Virgin Islands Midway Islands 29 § Purchase Orders Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ § Sales and Marketing Contact Person: _____________________________________________________________________ Title: _________________________________________________________________________________ Company: ____________________________________________________________________________ Address: _____________________________________________________________________________ City: ____________________________ State: ________________________ Zip: ______________ Phone: _________________________________ Email: ____________________________________ ¨ Pricing Information Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions. Yes No Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer. Yes No Ø Vendor will provide additional discounts for purchase of a guaranteed quantity. Yes No ¨ Cooperatives Ø List any other cooperative or state contracts currently held or in the process of securing. Cooperative/State Agency Discount Offered Expires Annual Sales Volume 30 Tab 4 – Vendor Profile Please provide the following information about your company: ¨ Company’s official registered name. ¨ Brief history of your company, including the year it was established. ¨ Company’s Dun & Bradstreet (D&B) number. ¨ Company’s organizational chart of those individuals that would be involved in the contract. ¨ Corporate office location. Ø List the number of sales and services offices for states being bid in solicitation. Ø List the names of key contacts at each with title, address, phone and e-mail address. ¨ Define your standard terms of payment. ¨ Who is your competition in the marketplace? ¨ Provide Annual Sales for last 3 years broken out into the following categories: Ø Cities / Counties Ø K-12 Ø Higher Education Ø Other government agencies or nonprofit organizations ¨ What differentiates your company from competitors? ¨ Describe how your company will market this contract if awarded. ¨ Describe how you intend to introduce NCPA to your company. ¨ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website. ¨ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.) ¨ Green Initiatives Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, 31 energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative. ¨ Vendor Certifications (if applicable) Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service. 32 Tab 5 – Products and Services ¨ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs. The following is a list of suggested (but not limited to) IT Security and Data Protection Solutions categories. List all categories along with manufacturer that you are responding with: Ø Content Filtering Ø Anti-Virus / Anti-Spam Ø Network Forensics / Real – Time Monitoring Ø Network Access Control Ø Firewalls Ø Network Storage / Archiving Ø Wireless Networks Ø Bandwidth Management Ø Networking Hardware Ø Application Security Ø Email Security and Archiving Ø Data Protection § Backup § Cloud Backup 33 Tab 6 – References ¨ Provide at least ten (10) customer references for products and/or services of similar scope dating within the past three (3) years. Please provide a range of references across all eligible government entity groups including K-12, higher education, city, county, or non-profit entities. ¨ All references should include the following information from the entity: Ø Entity Name Ø Contact Name and Title Ø City and State Ø Phone Ø Years Serviced Ø Description of Services Ø Annual Volume 34 Tab 7 – Pricing ¨ Please submit price list electronically (pricing can be submitted as Discount off MSRP, cost plus, etc). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item. ¨ Price lists must contain the following: Ø Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers). Ø Description Ø Vendor’s List Price Ø Percent Discount to NCPA participating entities ¨ Submit price list electronically on CD, DVD, or Flash Drive. Include respondents name, name of solicitation, and date on media of choice. ¨ Not To Exceed Pricing Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity. Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation. Ø NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members. 35 Tab 8 – Value Added Products and Services ¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities. 36 Tab 9 – Required Documents ¨ Clean Air and Water Act / Debarment Notice ¨ Contractors Requirements ¨ Antitrust Certification Statements ¨ FEMA Standard Terms and Conditions Addendum for Contracts and Grants ¨ Required Clauses for Federal Assistance by FTA ¨ State Notice Addendum 37 Clean Air and Water Act & Debarment Notice I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement. I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations Potential Vendor Print Name Address City, Sate, Zip Authorized signature Date 38 Contractor Requirements Contractor Certification Contractor’s Employment Eligibility By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program. Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed Fingerprint & Background Checks If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District. The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed Business Operations in Sudan, Iran In accordance with A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran. Authorized signature Date 39 Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. Company name Address City/State/Zip Telephone No. Fax No. Email address Printed name Position with company Authorized signature 40 FEMA Standard Terms and Conditions Addendum for Contracts and Grants If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”). In addition, Contractor agrees to the following specific provisions: 1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43. 2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws: a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60); b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-30) as supplemented by DOL regulations (29 CFR Part 5); e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871). 4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents: a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of in accordance with the participating agencies policy. The participating agency, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights: a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes: 1) The copyright in any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42. 41 Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS Contractor agrees to: a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11). CIVIL RIGHTS / TITLE VI REQUIREMENTS 1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract: a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective 42 employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non-compliance with the non-discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part. Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS PARTICIPATION This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterpri ses (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 43 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions. NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. 44 Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate. Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 45 State Notice Addendum Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirement of said statutes: Nationwide: http://www.usa.gov/Agencies/Local_Government/Cities.shtml Other States: Cities, Towns, Villages, and Boroughs No. Cities, Towns, Villages and Boroughs in Oregon 1 CEDAR MILL COMMUNITY LIBRARY 2 CITY COUNTY INSURANCE SERVICES 3 CITY OF ADAIR VILLAGE 4 CITY OF ALBANY 5 CITY OF ASHLAND 6 CITY OF ASTORIA OREGON 7 CITY OF AUMSVILLE 8 CITY OF AURORA 9 CITY OF BEAVERTON 10 CITY OF BOARDMAN 11 CITY OF BURNS 12 CITY OF CANBY 13 CITY OF CANNON BEACH OR 14 CITY OF CANYONVILLE 15 CITY OF CENTRAL POINT POLICE DEPARTMENT 16 CITY OF CLATSKANIE 17 CITY OF COBURG 18 CITY OF CONDON 19 CITY OF COOS BAY 20 CITY OF CORVALLIS 21 CITY OF COTTAGE GROVE 22 CITY OF CRESWELL 23 CITY OF DALLAS 24 CITY OF DAMASCUS 25 CITY OF DUNDEE 26 CITY OF EAGLE POINT 27 CITY OF ECHO 28 CITY OF ESTACADA 29 CITY OF EUGENE 30 CITY OF FAIRVIEW 31 CITY OF FALLS CITY 32 CITY OF GATES 33 CITY OF GEARHART 34 CITY OF GERVAIS 35 CITY OF GOLD HILL 36 CITY OF GRANTS PASS 37 CITY OF GRESHAM 38 CITY OF HAPPY VALLEY 39 CITY OF HILLSBORO 40 CITY OF HOOD RIVER 41 CITY OF JOHN DAY 42 CITY OF KLAMATH FALLS 43 CITY OF LA GRANDE 44 CITY OF LAKE OSWEGO 45 CITY OF LAKESIDE 46 CITY OF LEBANON 47 CITY OF MALIN 48 CITY OF MCMINNVILLE 49 CITY OF MEDFORD 50 CITY OF MILL CITY 51 CITY OF MILLERSBURG 52 CITY OF MILWAUKIE 53 CITY OF MORO 54 CITY OF MOSIER 55 CITY OF NEWBERG 56 CITY OF NORTH PLAINS 57 CITY OF OREGON CITY 58 CITY OF PHOENIX 59 CITY OF PILOT ROCK 60 CITY OF PORT ORFORD 61 CITY OF PORTLAND 62 CITY OF POWERS 63 CITY OF REDMOND 64 CITY OF REEDSPORT 65 CITY OF RIDDLE 66 CITY OF SALEM 67 CITY OF SANDY 68 CITY OF SANDY 69 CITY OF SCAPPOOSE 70 CITY OF SEASIDE 71 CITY OF SHADY COVE 72 CITY OF SHERWOOD 73 CITY OF SPRINGFIELD 74 CITY OF ST. PAUL 75 CITY OF STAYTON 76 CITY OF TIGARD, OREGON 77 CITY OF TUALATIN, OREGON 78 CITY OF WARRENTON 79 CITY OF WEST LINN/PARKS 80 CITY OF WILSONVILLE 81 CITY OF WINSTON 82 CITY OF WOOD VILLAGE 83 CITY OF WOODBURN 84 CITY OF YACHATS 85 FLORENCE AREA CHAMBER OF COMMERCE 86 GASTON RURAL FIRE DEPARTMENT 87 GLADSTONE POLICE DEPARTMENT 88 HOUSING AUTHORITY OF THE CITY OF SALEM 89 KEIZER POLICE DEPARTMENT 90 LEAGUE OF OREGON CITIES 91 MALIN COMMUNITY PARK AND RECREATION DISTRICT 92 METRO 93 MONMOUTH - INDEPENDENCE NETWORK 94 PORTLAND DEVELOPMENT COMMISSION 95 RAINIER POLICE DEPARTMENT 96 RIVERGROVE WATER DISTRICT 97 SUNSET EMPIRE PARK AND RECREATION 98 THE NEWPORT PARK AND RECREATION CENTER 99 TILLAMOOK PEOPLES UTILITY DISTRICT 100 TUALATIN VALLEY FIRE & RESCUE 101 WEST VALLEY HOUSING AUTHORITY No. Counties and Parishes 1 ASSOCIATION OF OREGON COUNTIES 2 BENTON COUNTY 3 CLACKAMAS COUNTY DEPT OF TRANSPORTATION 4 CLATSOP COUNTY 5 COLUMBIA COUNTY, OREGON 6 COOS COUNTY HIGHWAY DEPARTMENT 7 CROOK COUNTY ROAD DEPARTMENT 46 8 CURRY COUNTY OREGON 9 DESCHUTES COUNTY 10 DOUGLAS COUNTY 11 GILLIAM COUNTY 12 GILLIAM COUNTY OREGON 13 GRANT COUNTY, OREGON 14 HARNEY COUNTY SHERIFFS OFFICE 15 HOOD RIVER COUNTY 16 HOUSING AUTHORITY OF CLACKAMAS COUNTY 17 JACKSON COUNTY HEALTH AND HUMAN SERVICES 18 JEFFERSON COUNTY 19 KLAMATH COUNTY VETERANS SERVICE OFFICE 20 LAKE COUNTY 21 LANE COUNTY 22 LINCOLN COUNTY 23 LINN COUNTY 24 MARION COUNTY , SALEM, OREGON 25 MORROW COUNTY 26 MULTNOMAH COUNTY 27 MULTNOMAH COUNTY 28 MULTNOMAH LAW LIBRARY 29 NAMI LANE COUNTY 30 POLK COUNTY 31 SHERMAN COUNTY 32 UMATILLA COUNTY, OREGON 33 UNION COUNTY 34 WALLOWA COUNTY 35 WASCO COUNTY 36 WASHINGTON COUNTY 37 YAMHILL COUNTY 1 BOARD OF WATER SUPPLY 2 COUNTY OF HAWAII 3 MAUI COUNTY COUNCIL No. Higher Education 1 BIRTHINGWAY COLLEGE OF MIDWIFERY 2 BLUE MOUNTAIN COMMUNITY COLLEGE 3 CENTRAL OREGON COMMUNITY COLLEGE 4 CHEMEKETA COMMUNITY COLLEGE 5 CLACKAMAS COMMUNITY COLLEGE 6 COLUMBIA GORGE COMMUNITY COLLEGE 7 GEORGE FOX UNIVERSITY 8 KLAMATH COMMUNITY COLLEGE DISTRICT 9 LANE COMMUNITY COLLEGE 10 LEWIS AND CLARK COLLEGE 11 LINFIELD COLLEGE 12 LINN-BENTON COMMUNITY COLLEGE 13 MARYLHURST UNIVERSITY 14 MT. HOOD COMMUNITY COLLEGE 15 MULTNOMAH BIBLE COLLEGE 16 NATIONAL COLLEGE OF NATURAL MEDICINE 17 NORTHWEST CHRISTIAN COLLEGE 18 OREGON HEALTH AND SCIENCE UNIVERSITY 19 OREGON UNIVERSITY SYSTEM 20 PACIFIC UNIVERSITY 21 PORTLAND COMMUNITY COLLEGE 22 PORTLAND STATE UNIV. 23 REED COLLEGE 24 ROGUE COMMUNITY COLLEGE 25 SOUTHWESTERN OREGON COMMUNITY COLLEGE 26 TILLAMOOK BAY COMMUNITY COLLEGE 27 UMPQUA COMMUNITY COLLEGE 28 WESTERN STATES CHIROPRACTIC COLLEGE 29 WILLAMETTE UNIVERSITY 1 ARGOSY UNIVERSITY 2 BRIGHAM YOUNG UNIVERSITY - HAWAII 3 COLLEGE OF THE MARSHALL ISLANDS 4 RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII 5 UNIVERSITY OF HAWAII AT MANOA No. K - 12 1 ARCHBISHOP FRANCIS NORBERT BLANCHET SCHOOL 2 BAKER COUNTY SCHOOL DIST. 16J - MALHEUR ESD 3 BAKER SCHOOL DISTRICT 5-J 4 BANDON SCHOOL DISTRICT 5 BANKS SCHOOL DISTRICT 6 BEAVERTON SCHOOL DISTRICT 7 BEND / LA PINE SCHOOL DISTRICT 8 BEND-LA PINE SCHOOL DISTRICT 9 BROOKING HARBOR SCHOOL DISTRICT NO.17-C 10 CANBY SCHOOL DISTRICT 11 CANYONVILLE CHRISTIAN ACADEMY 12 CASCADE SCHOOL DISTRICT 13 CASCADES ACADEMY OF CENTRAL OREGON 14 CENTENNIAL SCHOOL DISTRICT 15 CENTRAL CATHOLIC HIGH SCHOOL 16 CENTRAL POINT SCHOOL DISTRICT NO. 6 17 CENTRAL SCHOOL DISTRICT 13J 18 CLACKAMAS EDUCATION SERVICE DISTRICT 19 COOS BAY SCHOOL DISTRICT 20 COOS BAY SCHOOL DISTRICT NO.9 21 COQUILLE SCHOOL DISTRICT 8 22 COUNTY OF YAMHILL SCHOOL DISTRICT 29 23 CRESWELL SCHOOL DISTRICT 24 CROSSROADS CHRISTIAN SCHOOL 25 CULVER SCHOOL DISTRICT NO. 26 DALLAS SCHOOL DISTRICT NO. 2 27 DAVID DOUGLAS SCHOOL DISTRICT 28 DAYTON SCHOOL DISTRICT NO.8 29 DE LA SALLE N CATHOLIC HS 30 DESCHUTES COUNTY SD NO.6 - SISTERS SD 31 DOUGLAS COUNTY SCHOOL DISTRICT 116 32 DOUGLAS EDUCATION SERVICE DISTRICT 33 DUFUR SCHOOL DISTRICT NO.29 34 ELKTON SCHOOL DISTRICT NO.34 35 ESTACADA SCHOOL DISTRICT NO.108 36 FOREST GROVE SCHOOL DISTRICT 37 GASTON SCHOOL DISTRICT 511J 38 GEN CONF OF SDA CHURCH WESTERN OR 39 GLADSTONE SCHOOL DISTRICT 40 GLENDALE SCHOOL DISTRICT 41 GLIDE SCHOOL DISTRICT NO.12 42 GRANTS PASS SCHOOL DISTRICT 7 43 GREATER ALBANY PUBLIC SCHOOL DISTRICT 44 GRESHAM-BARLOW SCHOOL DISTRICT 45 HARNEY COUNTY SCHOOL DIST. NO.3 46 HARNEY EDUCATION SERVICE DISTRICT 47 HEAD START OF LANE COUNTY 48 HERITAGE CHRISTIAN SCHOOL 49 HIGH DESERT EDUCATION SERVICE DISTRICT 50 HOOD RIVER COUNTY SCHOOL DISTRICT 51 JACKSON CO SCHOOL DIST NO.9 52 JEFFERSON COUNTY SCHOOL DISTRICT 509-J 53 JEFFERSON SCHOOL DISTRICT 54 KLAMATH FALLS CITY SCHOOLS 55 LA GRANDE SCHOOL DISTRICT 56 LAKE OSWEGO SCHOOL DISTRICT 7J 57 LANE COUNTY SCHOOL DISTRICT 4J 58 LANE COUNTY SCHOOL DISTRICT 69 59 LEBANON COMMUNITY SCHOOLS NO.9 60 LINCOLN COUNTY SCHOOL DISTRICT 61 LINN CO. SCHOOL DIST. 95C - SCIO SD 62 LOST RIVER JR/SR HIGH SCHOOL 63 LOWELL SCHOOL DISTRICT NO.71 64 MARION COUNTY SCHOOL DISTRICT 103 - WASHINGTON ES 65 MCMINNVILLE SCHOOL DISTRICT NO.40 66 MEDFORD SCHOOL DISTRICT 549C 67 MITCH CHARTER SCHOOL 68 MOLALLA RIVER ACADEMY 69 MOLALLA RIVER SCHOOL DISTRICT NO.35 70 MONROE SCHOOL DISTRICT NO.1J 71 MORROW COUNTY SCHOOL DISTRICT 72 MT. ANGEL SCHOOL DISTRICT NO.91 73 MT.SCOTT LEARNING CENTERS 74 MULTISENSORY LEARNING ACADEMY 47 75 MULTNOMAH EDUCATION SERVICE DISTRICT 76 MYRTLE POINT SCHOOL DISTRICT NO.41 77 NEAH-KAH-NIE DISTRICT NO.56 78 NESTUCCA VALLEY SCHOOL DISTRICT NO.101 79 NOBEL LEARNING COMMUNITIES 80 NORTH BEND SCHOOL DISTRICT 13 81 NORTH CLACKAMAS SCHOOL DISTRICT 82 NORTH SANTIAM SCHOOL DISTRICT 29J 83 NORTH WASCO CTY SCHOOL DISTRICT 21 - CHENOWITH 84 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT 85 NYSSA SCHOOL DISTRICT NO. 26 86 ONTARIO MIDDLE SCHOOL 87 OREGON TRAIL SCHOOL DISTRICT NO.46 88 OUR LADY OF THE LAKE SCHOOL 89 PHILOMATH SCHOOL DISTRICT 90 PHOENIX-TALENT SCHOOL DISTRICT NO.4 91 PORTLAND ADVENTIST ACADEMY 92 PORTLAND JEWISH ACADEMY 93 PORTLAND PUBLIC SCHOOLS 94 RAINIER SCHOOL DISTRICT 95 REDMOND SCHOOL DISTRICT 96 REEDSPORT SCHOOL DISTRICT 97 REYNOLDS SCHOOL DISTRICT 98 ROGUE RIVER SCHOOL DISTRICT NO.35 99 ROSEBURG PUBLIC SCHOOLS 100 SALEM-KEIZER PUBLIC SCHOOLS 101 SCAPPOOSE SCHOOL DISTRICT 1J 102 SEASIDE SCHOOL DISTRICT 10 103 SEVEN PEAKS SCHOOL 104 SHERWOOD SCHOOL DISTRICT 88J 105 SILVER FALLS SCHOOL DISTRICT 106 SIUSLAW SCHOOL DISTRICT 107 SOUTH COAST EDUCATION SERVICE DISTRICT 108 SOUTH LANE SCHOOL DISTRICT 45J3 109 SOUTHERN OREGON EDUCATION SERVICE DISTRICT 110 SOUTHWEST CHARTER SCHOOL 111 SPRINGFIELD SCHOOL DISTRICT NO.19 112 STANFIELD SCHOOL DISTRICT 113 SWEET HOME SCHOOL DISTRICT NO.55 114 THE CATLIN GABEL SCHOOL 115 TIGARD-TUALATIN SCHOOL DISTRICT 116 UMATILLA-MORROW ESD 117 VERNONIA SCHOOL DISTRICT 47J 118 WEST HILLS COMMUNITY CHURCH 119 WEST LINN WILSONVILLE SCHOOL DISTRICT 120 WHITEAKER MONTESSORI SCHOOL 121 YONCALLA SCHOOL DISTRICT NO.32 1 CONGREGATION OF CHRISTIAN BROTHERS OF HAWAII, INC. 2 EMMANUAL LUTHERAN SCHOOL 3 HANAHAU`OLI SCHOOL 4 HAWAII TECHNOLOGY ACADEMY 5 ISLAND SCHOOL 6 KAMEHAMEHA SCHOOLS 7 KE KULA O S. M. KAMAKAU 8 MARYKNOLL SCHOOL 9 PACIFIC BUDDHIST ACADEMY No. Nonprofit & Other 1 211INFO 2 ACUMENTRA HEALTH 3 ADDICTIONS RECOVERY CENTER, INC 4 ALLFOURONE/CRESTVIEW CONFERENCE CTR. 5 ALVORD-TAYLOR INDEPENDENT LIVING SERVICES 6 ALZHEIMERS NETWORK OF OREGON 7 ASHLAND COMMUNITY HOSPITAL 8 ATHENA LIBRARY FRIENDS ASSOCIATION 9 BARLOW YOUTH FOOTBALL 10 BAY AREA FIRST STEP, INC. 11 BENTON HOSPICE SERVICE 12 BETHEL CHURCH OF GOD 13 BIRCH COMMUNITY SERVICES, INC. 14 BLACHLY LANE ELECTRIC COOPERATIVE 15 BLIND ENTERPRISES OF OREGON 16 BONNEVILLE ENVIRONMENTAL FOUNDATION 17 BOYS AND GIRLS CLUBS OF PORTLAND METROPOLITAN AREA 18 BROAD BASE PROGRAMS INC. 19 CANBY FOURSQUARE CHURCH 20 CANCER CARE RESOURCES 21 CASCADIA BEHAVIORAL HEALTHCARE 22 CASCADIA REGION GREEN BUILDING COUNCIL 23 CATHOLIC CHARITIES 24 CATHOLIC COMMUNITY SERVICES 25 CENTER FOR RESEARCH TO PRACTICE 26 CENTRAL BIBLE CHURCH 27 CENTRAL CITY CONCERN 28 CENTRAL DOUGLAS COUNTY FAMILY YMCA 29 CENTRAL OREGON COMMUNITY ACTION AGENCY NETWORK 30 CHILDPEACE MONTESSORI 31 CITY BIBLE CHURCH 32 CLACKAMAS RIVER WATER 33 CLASSROOM LAW PROJECT 34 COAST REHABILITATION SERVICES 35 COLLEGE HOUSING NORTHWEST 36 COLUMBIA COMMUNITY MENTAL HEALTH 37 COMMUNITY ACTION ORGANIZATION 38 COMMUNITY ACTION TEAM, INC. 39 COMMUNITY CANCER CENTER 40 COMMUNITY HEALTH CENTER, INC 41 COMMUNITY VETERINARY CENTER 42 CONFEDERATED TRIBES OF GRAND RONDE 43 CONSERVATION BIOLOGY INSTITUTE 44 CONTEMPORARY CRAFTS MUSEUM AND GALLERY 45 CORVALLIS MOUNTAIN RESCUE UNIT 46 COVENANT CHRISTIAN HOOD RIVER 47 COVENANT RETIREMENT COMMUNITIES 48 DECISION SCIENCE RESEARCH INSTITUTE, INC. 49 DELIGHT VALLEY CHURCH OF CHRIST 50 DOGS FOR THE DEAF, INC. 51 DOUGLAS ELECTRIC COOPERATIVE, INC. 52 EAST HILL CHURCH 53 EAST SIDE FOURSQUARE CHURCH 54 EAST WEST MINISTRIES INTERNATIONAL 55 EDUCATIONAL POLICY IMPROVEMENT CENTER 56 ELMIRA CHURCH OF CHRIST 57 EMERALD PUD 58 EMMAUS CHRISTIAN SCHOOL 59 EN AVANT, INC. 60 ENTERPRISE FOR EMPLOYMENT AND EDUCATION 61 EUGENE BALLET COMPANY 62 EUGENE SYMPHONY ASSOCIATION, INC. 63 EUGENE WATER & ELECTRIC BOARD 64 EVERGREEN AVIATION MUSEUM AND CAP. MICHAEL KING. 65 FAIR SHARE RESEARCH AND EDUCATION FUND 66 FAITH CENTER 67 FAITHFUL SAVIOR MINISTRIES 68 FAMILIES FIRST OF GRANT COUNTY, INC. 69 FANCONI ANEMIA RESEARCH FUND INC. 70 FARMWORKER HOUISNG DEV CORP 71 FIRST CHURCH OF THE NAZARENE 72 FIRST UNITARIAN CHURCH 73 FORD FAMILY FOUNDATION 74 FOUNDATIONS FOR A BETTER OREGON 75 FRIENDS OF THE CHILDREN 76 GATEWAY TO COLLEGE NATIONAL NETWORK 77 GOAL ONE COALITION 78 GOLD BEACH POLICE DEPARTMENT 79 GOOD SHEPHERD COMMUNITIES 80 GOODWILL INDUSTRIES OF LANE AND SOUTH COAST COUNTIES 81 GRANT PARK CHURCH 82 GRANTS PASS MANAGEMENT SERVICES, DBA 83 GREATER HILLSBORO AREA CHAMBER OF COMMERCE 84 HALFWAY HOUSE SERVICES, INC. 85 HEARING AND SPEECH INSTITUTE INC 86 HELP NOW! ADVOCACY CENTER 87 HIGHLAND HAVEN 48 88 HIGHLAND UNITED CHURCH OF CHRIST 89 HIV ALLIANCE, INC 90 HOUSING AUTHORITY OF LINCOLN COUNTY 91 HOUSING AUTHORITY OF PORTLAND 92 HOUSING NORTHWEST 93 INDEPENDENT INSURANCE AGENTS AND BROKERS OF OREGON 94 INTERNATIONAL SOCIETY FOR TECHNOLOGY IN EDUCATION 95 INTERNATIONAL SUSTAINABLE DEVELOPMENT FOUNDATION 96 IRCO 97 JASPER MOUNTAIN 98 JUNIOR ACHIEVEMENT 99 KLAMATH HOUSING AUTHORITY 100 LA CLINICA DEL CARINO FAMILY HEALTH CARE CENTER 101 LA GRANDE UNITED METHODIST CHURCH 102 LANE ELECTRIC COOPERATIVE 103 LANE MEMORIAL BLOOD BANK 104 LANECO FEDERAL CREDIT UNION 105 LAUREL HILL CENTER 106 LIFEWORKS NW 107 LIVING WAY FELLOWSHIP 108 LOAVES & FISHES CENTERS, INC. 109 LOCAL GOVERNMENT PERSONNEL INSTITUTE 110 LOOKING GLASS YOUTH AND FAMILY SERVICES 111 MACDONALD CENTER 112 MAKING MEMORIES BREAST CANCER FOUNDATION, INC. 113 METRO HOME SAFETY REPAIR PROGRAM 114 METROPOLITAN FAMILY SERVICE 115 MID COLUMBIA COUNCIL OF GOVERNMENTS 116 MID-COLUMBIA CENTER FOR LIVING 117 MID-WILLAMETTE VALLEY COMMUNITY ACTION AGENCY, INC 118 MORNING STAR MISSIONARY BAPTIST CHURCH 119 MORRISON CHILD AND FAMILY SERVICES 120 MOSAIC CHURCH 121 NATIONAL PSORIASIS FOUNDATION 122 NATIONAL WILD TURKEY FEDERATION 123 NEW AVENUES FOR YOUTH INC 124 NEW BEGINNINGS CHRISTIAN CENTER 125 NEW HOPE COMMUNITY CHURCH 126 NEWBERG FRIENDS CHURCH 127 NORTH BEND CITY- COOS/URRY HOUSING AUTHORITY 128 NORTHWEST FOOD PROCESSORS ASSOCIATION 129 NORTHWEST LINE JOINT APPRENTICESHIP & TRAINING COMMITTEE 130 NORTHWEST REGIONAL EDUCATIONAL LABORATORY 131 NORTHWEST YOUTH CORPS 132 OCHIN 133 OHSU FOUNDATION 134 OLIVET BAPTIST CHURCH 135 OMNIMEDIX INSTITUTE 136 OPEN MEADOW ALTERNATIVE SCHOOLS, INC. 137 OREGON BALLET THEATRE 138 OREGON CITY CHURCH OF THE NAZARENE 139 OREGON COAST COMMUNITY ACTION 140 OREGON DEATH WITH DIGNITY 141 OREGON DONOR PROGRAM 142 OREGON EDUCATION ASSOCIATION 143 OREGON ENVIRONMENTAL COUNCIL 144 OREGON MUSUEM OF SCIENCE AND INDUSTRY 145 OREGON PROGRESS FORUM 146 OREGON REPERTORY SINGERS 147 OREGON STATE UNIVERSITY ALUMNI ASSOCIATION 148 OREGON SUPPORTED LIVING PROGRAM 149 OSLC COMMUNITY PROGRAMS 150 OUTSIDE IN 151 OUTSIDE IN 152 PACIFIC CASCADE FEDERAL CREDIT UNION 153 PACIFIC FISHERY MANAGEMENT COUNCIL 154 PACIFIC INSTITUTES FOR RESEARCH 155 PACIFIC STATES MARINE FISHERIES COMMISSION 156 PARALYZED VETERANS OF AMERICA 157 PARTNERSHIPS IN COMMUNITY LIVING, INC. 158 PENDLETON ACADEMIES 159 PENTAGON FEDERAL CREDIT UNION 160 PLANNED PARENTHOOD OF SOUTHWESTERN OREGON 161 PORT CITY DEVELOPMENT CENTER 162 PORTLAND ART MUSEUM 163 PORTLAND BUSINESS ALLIANCE 164 PORTLAND HABILITATION CENTER, INC. 165 PORTLAND SCHOOLS FOUNDATION 166 PORTLAND WOMENS CRISIS LINE 167 PREGNANCY RESOUCE CENTERS OF GRETER PORTLAND 168 PRINGLE CREEK SUSTAINABLE LIVING CENTER 169 PUBLIC DEFENDER SERVICES OF LANE COUNTY, INC. 170 QUADRIPLEGICS UNITED AGAINST DEPENDENCY, INC. 171 REBUILDING TOGETHER - PORTLAND INC. 172 REGIONAL ARTS AND CULTURE COUNCIL 173 RELEVANT LIFE CHURCH 174 RENEWABLE NORTHWEST PROJECT 175 ROGUE FEDERAL CREDIT UNION 176 ROSE VILLA, INC. 177 SACRED HEART CATHOLIC DAUGHTERS 178 SAIF CORPORATION 179 SAINT ANDREW NATIVITY SCHOOL 180 SAINT CATHERINE OF SIENA CHURCH 181 SAINT JAMES CATHOLIC CHURCH 182 SALEM ALLIANCE CHURCH 183 SALEM ELECTRIC 184 SALMON-SAFE INC. 185 SCIENCEWORKS 186 SE WORKS 187 SECURITY FIRST CHILD DEVELOPMENT CENTER 188 SELF ENHANCEMENT INC. 189 SERENITY LANE 190 SEXUAL ASSAULT RESOURCE CENTER 191 SEXUAL ASSAULT RESOURCE CENTER 192 SHELTERCARE 193 SHERIDAN JAPANESE SCHOOL FOUNDATION 194 SHERMAN DEVELOPMENT LEAGUE, INC. 195 SILVERTON AREA COMMUNITY AID 196 SISKIYOU INITIATIVE 197 SMART 198 SOCIAL VENTURE PARTNERS PORTLAND 199 SOUTH COAST HOSPICE, INC. 200 SOUTH LANE FAMILY NURSERY DBA FAMILY RELIEF NURSE 201 SOUTHERN OREGON CHILD AND FAMILY COUNCIL, INC. 202 SOUTHERN OREGON HUMANE SOCIETY 203 SPARC ENTERPRISES 204 SPIRIT WIRELESS 205 SPONSORS, INC. 206 SPOTLIGHT THEATRE OF PLEASANT HILL 207 SPRINGFIELD UTILITY BOARD 208 ST VINCENT DE PAUL 209 ST. ANTHONY CHURCH 210 ST. ANTHONY SCHOOL 211 ST. MARYS OF MEDFORD, INC. 212 ST. VINCENT DEPAUL OF LANE COUNTY 213 STAND FOR CHILDREN 214 STAR OF HOPE ACTIVITY CENTER INC. 215 SUMMIT VIEW COVENANT CHURCH 216 SUNNYSIDE FOURSQUARE CHURCH 217 SUNRISE ENTERPRISES 218 SUSTAINABLE NORTHWEST 219 TENAS ILLAHEE CHILDCARE CENTER 220 THE EARLY EDUCATION PROGRAM, INC. 221 THE NATIONAL ASSOCIATION OF CREDIT MANAGEMENT-OREGON, INC. 222 THE NEXT DOOR 223 THE OREGON COMMUNITY FOUNDATION 224 THE SALVATION ARMY - CASCADE DIVISION 225 TILLAMOOK CNTY WOMENS CRISIS CENTER 226 TILLAMOOK ESTUARIES PARTNERSHIP 227 TOUCHSTONE PARENT ORGANIZATION 228 TRAILS CLUB 229 TRAINING EMPLOYMENT CONSORTIUM 230 TRI-COUNTY HEALTH CARE SAFETY NET ENTERPRISE 49 231 TRILLIUM FAMILY SERVICES, INC. 232 UMPQUA COMMUNITY DEVELOPMENT CORPORATION 233 UNION GOSPEL MISSION 234 UNITED CEREBRAL PALSY OF OR AND SW WA 235 UNITED WAY OF THE COLUMBIA WILLAMETTE 236 US CONFERENCE OF MENONNITE BRETHREN CHURCHES 237 US FISH AND WILDLIFE SERVICE 238 USAGENCIES CREDIT UNION 239 VERMONT HILLS FAMILY LIFE CENTER 240 VIRGINIA GARCIA MEMORIAL HEALTH CENTER 241 VOLUNTEERS OF AMERICA OREGON 242 WE CARE OREGON 243 WESTERN RIVERS CONSERVANCY 244 WESTERN STATES CENTER 245 WESTSIDE BAPTIST CHURCH 246 WILD SALMON CENTER 247 WILLAMETTE FAMILY 248 WILLAMETTE VIEW INC. 249 WOODBURN AREA CHAMBER OF COMMERCE 250 WORD OF LIFE COMMUNITY CHURCH 251 WORKSYSTEMS INC 252 YOUTH GUIDANCE ASSOC. 253 YWCA SALEM 1 ALOCHOLIC REHABILITATION SVS OF HI INC DBA HINA MAUKA 2 ALOHACARE 3 AMERICAN LUNG ASSOCIATION 4 BISHOP MUSEUM 5 BUILDING INDUSTRY ASSOCIATION OF HAWAII 6 CTR FOR CULTURAL AND TECH INTERCHNG BETW EAST AND WEST 7 EAH, INC. 8 EASTER SEALS HAWAII 9 GOODWILL INDUSTRIES OF HAWAII, INC. 10 HABITAT FOR HUMANITY MAUI 11 HALE MAHAOLU 12 HAROLD K.L. CASTLE FOUNDATION 13 HAWAII AGRICULTURE RESEARCH CENTER 14 HAWAII EMPLOYERS COUNCIL 15 HAWAII FAMILY LAW CLINIC DBA ALA KUOLA 16 HONOLULU HABITAT FOR HUMANITY 17 IUPAT, DISTRICT COUNCIL 50 18 LANAKILA REHABILITATION CENTER INC. 19 LEEWARD HABITAT FOR HUMANITY 20 MAUI COUNTY FCU 21 MAUI ECONOMIC DEVELOPMENT BOARD 22 MAUI ECONOMIC OPPORTUNITY, INC. 23 MAUI FAMILY YMCA 24 NA HALE O MAUI 25 NA LEI ALOHA FOUNDATION 26 NETWORK ENTERPRISES, INC. 27 ORI ANUENUE HALE, INC. 28 PARTNERS IN DEVELOPMENT FOUNDATION 29 POLYNESIAN CULTURAL CENTER 30 PUNAHOU SCHOOL 31 ST. THERESA CHURCH 32 WAIANAE COMMUNITY OUTREACH 33 WAILUKU FEDERAL CREDIT UNION 34 YMCA OF HONOLULU No. Special/Independent Districts 1 BAY AREA HOSPITAL DISTRICT 2 CENTRAL OREGON INTERGOVERNMENTAL COUNCIL 3 CENTRAL OREGON IRRIGATION DISTRICT 4 CHEHALEM PARK AND RECREATION DISTRICT 5 CITY COUNTY INSURANCE SERVICES 6 CLEAN WATER SERVICES 7 COLUMBIA 911 COMMUNICATIONS DISTRICT 8 COLUMBIA RIVER PUD 9 DESCHUTES COUNTY RFPD NO.2 10 DESCHUTES PUBLIC LIBRARY SYSTEM 11 EAST MULTNOMAH SOIL AND WATER CONSERVANCY 12 GASTON RURAL FIRE DEPARTMENT 13 GLADSTONE POLICE DEPARTMENT 14 GLENDALE RURAL FIRE DISTRICT 15 HOODLAND FIRE DISTRICT NO.74 16 HOODLAND FIRE DISTRICT #74 17 HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY 18 KLAMATH COUNTY 9-1-1 19 LANE EDUCATION SERVICE DISTRICT 20 LANE TRANSIT DISTRICT 21 MALIN COMMUNITY PARK AND RECREATION DISTRICT 22 MARION COUNTY FIRE DISTRCT #1 23 METRO 24 METROPOLITAN EXPOSITION-RECREATION COMMISSION 25 MONMOUTH - INDEPENDENCE NETWORK 26 MULTONAH COUNTY DRAINAGE DISTRICT #1 27 NEAH KAH NIE WATER DISTRICT 28 NW POWER POOL 29 OAK LODGE WATER DISTRICT 30 OR INT'L PORT OF COOS BAY 31 PORT OF ST HELENS 32 PORT OF UMPQUA 33 REGIONAL AUTOMATED INFORMATION NETWORK 34 RIVERGROVE WATER DISTRICT 35 SALEM AREA MASS TRANSIT DISTRICT 36 SANDY FIRE DISTRICT NO. 72 37 SUNSET EMPIRE PARK AND RECREATION 38 THE NEWPORT PARK AND RECREATION CENTER 39 THE PORT OF PORTLAND 40 TILLAMOOK PEOPLES UTILITY DISTRICT 41 TUALATIN HILLS PARK AND RECREATION DISTRICT 42 TUALATIN VALLEY FIRE & RESCUE 43 TUALATIN VALLEY WATER DISTRICT 44 UNION SOIL & WATER CONSERVATION DISTRICT 45 WEST MULTNOMAH SOIL AND WATER CONSERVATION DISTRICT 46 WEST VALLEY HOUSING AUTHORITY 47 WILLAMALANE PARK AND RECREATION DISTRICT 48 YOUNGS RIVER LEWIS AND CLARK WATER DISTRICT No. State Agencies 1 BOARD OF MEDICAL EXAMINERS 2 OFFICE OF MEDICAL ASSISTANCE PROGRAMS 3 OFFICE OF THE STATE TREASURER 4 OREGON BOARD OF ARCHITECTS 5 OREGON CHILD DEVELOPMENT COALITION 6 OREGON DEPARTMENT OF EDUCATION 7 OREGON DEPARTMENT OF FORESTRY 8 OREGON DEPT OF TRANSPORTATION 9 OREGON DEPT. OF EDUCATION 10 OREGON LOTTERY 11 OREGON OFFICE OF ENERGY 12 OREGON STATE BOARD OF NURSING 13 OREGON STATE POLICE 14 OREGON TOURISM COMMISSION 15 OREGON TRAVEL INFORMATION COUNCIL 16 SANTIAM CANYON COMMUNICATION CENTER 17 SEIU LOCAL 503, OPEU 1 ADMIN. SERVICES OFFICE 2 HAWAII CHILD SUPPORT ENFORCEMENT AGENCY 3 HAWAII HEALTH SYSTEMS CORPORATION 4 SOH- JUDICIARY CONTRACTS AND PURCH 5 STATE DEPARTMENT OF DEFENSE 6 STATE OF HAWAII 7 STATE OF HAWAII 8 STATE OF HAWAII, DEPT. OF EDUCATION 50 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 ii Proposal for IT Security and Data Protection Solutions Submitted to: Region 14 Education Service Center In Response to: Solicitation 02-18 Submitted by: 899 Kifer Road Sunnyvale, CA 94086 www.fortinet.com Due Date / Time: March 20, 2018 /2:00 p.m. Central 51 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 ii Foreword Fortinet, Inc., a US manufacturer of IT security products/solutions, is pleased to respond to Solicitation 02-18, Request for Proposal for IT Security and Data Protection Solutions, issued by the Texas Region 14 Education Service Center (ESC) on behalf of the National Cooperative Purchasing Alliance (NCPA). Our response consists of two signed, printed copies of our proposal and two labeled flash drives containing an electronic copy the same. Our proposal is organized into ten sections as follows: • Tab 1 – Master Agreement / Signature Form (redline) • Tab 2 – NCPA Administration Agreement (redline) • Tab 3 – Vendor Questionnaire • Tab 4 – Vendor Profile • Tab 5 – Products and Services / Scope • Tab 6 – References • Tab 7 – Pricing • Tab 8 – Value Added Products and Services • Tab 9 – Required Documents • Tab 10 – Vendor Attachments (three Fortinet documents referenced in Tab 1) We appreciate the opportunity to submit this proposal and, in the event we are awarded a contract, look forward to working with the Region 14 ESC and NCPA. Should you have any questions about our proposal, please do not hesitate to contact me. Jeff Jennings National SLED Practice Director Phone: 661.302.8909 Email: jjennings@fortinet.com 52 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 iii Table of Contents Section No. Title Page Tab 1 – Master Agreement ............................................................................................................................................... 1 Tab 2 – NCPA Administration Agreement .................................................................................................................... 11 Tab 3 – Vendor Questionnaire ....................................................................................................................................... 13 Tab 4 – Vendor Profile ................................................................................................................................................... 17 4.1 Company Name..........................................................................................................................................................17 4.2 Company History .......................................................................................................................................................17 4.3 D&B Number .............................................................................................................................................................19 4.4 Organizational Chart .................................................................................................................................................19 4.5 Standard Terms of Payment .....................................................................................................................................22 4.6 Key Competitors ........................................................................................................................................................22 4.7 Annual Sales for Last 3 Years ..................................................................................................................................23 4.8 Fortinet Competitive Advantages ............................................................................................................................24 4.9 How We Will Market Our NCPA Contract ..........................................................................................................26 4.10 How We Will Introduce NCPA to Our Company ...............................................................................................26 4.11 On-line Catalog / Ordering Website ......................................................................................................................26 4.12 Customer Support Services ......................................................................................................................................27 4.13 Green Initiatives .........................................................................................................................................................28 4.14 Vendor Certifications ................................................................................................................................................29 Tab 5 – Products and Services ....................................................................................................................................... 30 Tab 6 – References ......................................................................................................................................................... 32 Tab 7 – Pricing ............................................................................................................................................................... 33 Tab 8 – Value Added Products and Services.................................................................................................................. 34 Tab 9 – Required Documents ........................................................................................................................................ 35 Tab 10 – Vendor Attachments ........................................................................................................................................ 51 Attachment 1, Fortinet End User License Agreement and Warranty Terms Attachment 2, Fortinet Service Terms and Conditions for FortiCare, FortiGuard, and other Fortinet Services Attachment 3, Fortinet Terms and Conditions for Professional Services Attachment 4, ISO9001:2015 Certification 53 54 RFP 02-18, IT Security and Data Protection Solutions Tab 1 -Master Agreement General Terms and Conditions Fortin et requests the following modifications to the General Terms and Conditions. and also requests that the additional terms provided be incorporated into any final contract resulting from award of this solicitation . If needed, Fortinet agrees to enter into good faith negotiation of mutually agreeable terms. ♦ Customer Support ► The vendor shall provide timely and accurate technical advice and sales support to Region 4 ESC staff. NCPA staff and Public Ag e ncies regarding the use of thjs contract. In addition. vendor will provide all product related customer support in acco r dance with vendor's standard commercial terms and conditions . The Yendor shall respond to sucl=t requests •nithin one (1) working Eiay after receipt of the request. ♦ Assignment of Contract ► No assignment of contract may be made without the prior written approval of Region 14 ESC . which approva l shall not be unreasonably withheld. Awarded vendor is required to notify Region 14 ESC when any material change in controloperation is made. ♦ Disclosures ► Respondent affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. ► The respondent affirms that, to the best of his/her knowledge, the offer has been arrive_d at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this contract. ♦ Renewal of Contract ► Unless otherwise stated, all contracts are for a period of three (3) years with an option to renew annually for an additional two (2) years if agreed to by Region 14 ESC and the vendor. ♦ Funding Out Clause March 20, 2018 ► Any/all contracts exceeding one (1) year shall include a standard "funding out" clause. A contract for the acquis ition, including lease, of real or personal property is a commitment of the entity's current revenue only, provided the order contract contains either or both of the following provisions: L Retains to the entity the continuing right to terminate the contract at the expiratio n of each budget period during the term of the contract and is conditioned on a best efforts attempt by the entity to obtain appropriate funds for payment of the contract. provided. that the entity only places orders for funding that is approved and agrees to pay Fortinet for all 55 RFP 02-18, IT Security and Data Protection Solutions products and services ordered. No refunds will be due or payable for any pre-paid services or product s . ♦ Shipments (if applicable) ► The awarded vendor shall ship ordered products within vendor's standard commercial lead times . seven (7) working days for goods available and within foHr (4) to sbc (6) 1Neeks for specialty items after the receipt of the order Hnless modified. If a product cannot be shipped within that time, the awarded vendor shall notify the entity placing the order as to why the product has not shipped and shall provide an estimated shipping date. At this poin t the participating entity may cancel the order if estimated shipping time is Bot acceptable. ♦ Tax Exempt Status ► Since this is a national contract, knowing the tax laws in each state is the sole responsibility of the vendor. All entitie s purchasing under this contract shall be responsible for all applicable taxes. unless they provide vendor with a valid tax exemption certificate. ♦ Payments ► The entity using the contract will make payments directly to the awarded vendor or their NCPA approved affiliates (distributors/business partners/resellers, with whom the order was placed. ) as long as v,rritten request and approval by NCPA is provided to the awarded •,render . Payment terms are net thirty (30) days from the date of the invoice . Vendor may charge la t e fees on all amounts not paid when due at the rate of one and one half percent (1.5%) per month or the highest rate permitted by law, whichever is lower. ♦ Adding authorized distributors/dealers ► Awarded vendors may submit a list of distributors/partners/resellers to sell under their contract throughout the life of the contract. Vendor must receive written approval from NCPA before such distributors/partners/resellers considered authorized. ► Purchase orders and payment can only be made to awarded vendor or distributors/business partners/resellers previously approved by NCPA. ► Pricing provided to members by added distributors or dealers must also be less than or equal to the pricing offered by the awarded contract holder. ► All distributors/partners/resellers are required to abide by the Terms and Conditions of the vendor's agreement with NCPA. ♦ Pricing March 20, 2018 ► All pricing submitted shall include the administrative fee to be remitted to NCPA by the awarded vendor. It is the awarded vendor's responsibility to keep all pricing up to date and on file with NCPA. ► All deliveries shall be freight prepaid, F.O.B . destination and shall be included in all pricing offered unless otherwise clearly stated in writing 2 56 F :::RTlnET: RFP 02-18, IT Security and Data Protection Solutions ♦ Warranty ► Proposals should address each of the following : ■ Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/ or replacement of any components during the warranty period. ■ Availability of replacement parts ■ Life mcpectancy of eq1:1ipment 1:1nder normal use ■ Detailed information as to proposed return policy on all equipment ♦ Indemnity March 20, 2018 ► The awarded vendor shall protect, indemnify, and hold harmless Region 14 ESC and its participants, administrators, employees and agents against all claims, damages, losses and eKpenses arising out of or res1:1lting from the actions of the 11endor, 11endor employees or •,render subcontractors in the preparation of the solicitation and the later e)cec1:1tion of the contract. In the event of a claim by any third party that the Products or that a Public Agency's use thereof. infringes or violates a third party's U.S. patent rights: Fortinet shall indemnify such Public Agency and their affiliates and their officers, directors, employees, agents and personnel ("Indemnified Party") from and against any and all losses, claims, liabilities, costs and expenses (including taxes, penalties, interest, reasonable expenses of investigation and attorney's fees and disbursements) as incurred arising out of a judgment or settlement of any such third party claim for U.S. patent infringement. The Indemnified Party shall give Fortinet prompt notice of any such third party claim, provided however, that the Indemnified Party's failure to do so shall not reduce or diminish Fortinet's obligations hereunder except to the extent Fortinet has been adversely affected or prejudiced by such failure. Forti net shall have the right to control the defense or settlement of any third party claim hereunder, provided however, that Fortinet shall not, without the Indemnified Party's prior written consent, settle any claim in a manner that admits liability on the part of the Indemnified Party or that requires the Indemnified Party to take or cease taking any action . The Indemnified Party shall reasonably cooperate with Fortinet (at Fortinet's expense for reasonable expenses incurred by the Indemnified Party at Fortinet's request) in the defense as Fortinet may reasonably request (it being understood that nothing herein.shall preclude the Indemnified Party from consulting with its own counsel at its own expense). In addition, if a Public Agency is prohibited from continued use of the Products, Software, or Hardware by reason of an actual or anticipated claim of infringement, Fortinet shall at its option, (i) procure for the Public Agency the right to continue to use the Products or any infringing element thereof pursuant to this Agreement, at no cost or expense to the Public Agency: or (b) replace or modify the Products or any infringing element thereof to make it non-infringing but performs the same functions in an equivalent manner, at no cost or expense to the Public Agency. Fortinet shall have no responsibility under this Section 7: to the extent that any claim results from (a) combination or use of the Products with equipment, products, or processes not furnished by Forti net: (b) modifications to the Products made by a party other than by Fortinet: (c) failure by the Public Agency to use updated or modified Products provided by Fortinet to avoid a· claim of infringement or misappropriation: (d) compliance by Fortinet with designs. plans or 3 57 RFP 02-18, IT Security and Data Protection Solutions specifications furnished by or on behalf of the Public Agency: (e) the Public Agency's failure to promptly modify the Product (e.g. install releases or updates provided by Fortinet to the extent the claim could have been avoided or mitigated had the Public Agency followed Fortinet's request): (0 any components not included as part of the Fortinet Product: (g) use of the Products in a manner other than which it was designed or in a manner other than as specified by Fortinet: or (h) any opening of or tampering with a Product by non-Fortinet personnel. The provisions of this Section state Fortinet's entire liability and the Publi.c Agency's exclusive remedy for intellectual property infringement/misappropriation claims that are within the scope of the foregoing indemnity. ♦ Franchise Tax ► The respondent hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes, ♦ Supplemental Agreements ► The entity participating in this contract and awarded vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusive ly between the participating entity and awarded vendor. No supp lemental agreement(s) may modify the limitation of liability or indemnification stated in this contract. ♦ Certificates of Insurance ► Certificates of insurance shall be delivered to the Public Agency prior to commencement of work The insurance company shall be licensed in the applicable state in which work is being conducted. The awarded vendor shall give the participating entity a minimum of ten (10) days notice prior to any modifications or cancellation of policies. The awarded vendor shall require all subcontractors performing any work to maintain coverage as specified. ♦ Legal Obligations ► It is the Respondent's responsibility to be aware of and comply with all applicable lo cal, state, and federal laws governing the sale of products/services identified in this RFP and any awarded contract and shall comply with all applicable laws while fulfilling the RFP. Applicable laws and regulation must be followed even if not specifically identified herein. ♦ Protest ► A protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 pm CST, Protests shall be filed with Region 14 ESC and shall include the following: • Name, address and telephone number of protester • Original signature of protester or its representative March 20 , 2018 4 58 F :::RTlnET: RFP 02-18, IT Security and Data Protection Solutions • • Identification of the solicitation by RFP number Detailed statement of lega l and factual grounds including copies of relevant documents and the form of relief requested ► Any protest review and action shall be considered final with no further formalities being considered. ♦ Force Majeure ► If by reason of Force Majeure, either party hereto shall be rendered unab le wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. ► The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any land of government of the United States or any civil or military authority; insurrection~; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party h aving the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty ♦ Prevailing Wage ► It shall be the responsibility of the Vendor to comply, when applicable, with the prevailing wage legislation in effect in the jurisdiction of the purchaser. Jt shall further be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this contract and adjtJ:st wage rates accordingly. ♦ Miscellaneous ► Either party may cancel this contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work 1111ill cease following completion of fiHal purchase order. In no event will any cancellation affect any orders for products or services submitted prior to the e ffective date of cancellation . ♦ Open Records Policy March 20, 2018 5 59 F :::RTlnET: RFP 02-18, IT Security and Data Protection Solutions ► Because Region 14 ESC is a governmental entity responses submitted are subject to release as public information after contracts are executed. If a vendor believes that its response, or parts of its response, may be exempted from disclosure, the vendor must specify page-by- page and line-by-line the parts of the response, which it believes, are exempt. In addition, the respondent must specify which exception( s) are applicable and provide detailed reasons to substantiate the exception(s). L The determination of whether information is confidential and not subject to disclosure is the duty of the Office of Attorney General (OAG). Region 14 ESC must provide the OAG sufficien t information to render an opinion and therefore, vague and general claims to confidentiality by the respondent are not acceptable. Region 14 ESC must comply with the opinions of the OAG . Region 14 ESC assumes no responsibility for asserting legal arguments on behalf of any vendor. Respondent are advised to consult with their legal counsel concerning disclosure issues resulting from this procurement process and to take precautions to safeguard trade secrets and other proprietary information. Vendor requests the following langua ge is incorporated into any contract upon award of this Request for Pro posal : ♦ Public Ag e ncies purchasing under this contract agree to the terms s e t forth in the contract. ♦ Limitation of Liabi li ty . NOTWITHSTANDING ANYTHING ELSE IN THIS CONTRACT OR OTHERWISE , VENDOR SHALL NOT BE LIABLE UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILIT Y, INDEMNIFICATION, TORT OR OTHER LEGAL OR EQUITABLE THEORY FOR : (I) ANY AMOUNTS IN EXCESS OF THE PRICE PAID TO VENDOR WITH RESPECT TO THE PRODUCT THAT IS THE SUB[ECT OF THE CLAIM: OR (11) ANY SPECIAL. INCIDENTAL OR CONSEQUENTIAL DAMAGES. HOWEVER CAUSED: OR (III ) DAMAGES FOR LOST PROFITS OR LOST DATA OR ARISING FROM FALSE POSITIVES OR FAILURE TO DETECT ACTUAL POSITIVES: OR (IV) COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS CONTRACT OR OTHERWISE. IN NO EVENT WHA TSOEVER SHALL VENDOR "S TOTA L LIABILITY UNDER ANY THEORY OF CONTRACT. NEGLIGENCE . STRICT LIABILITY. NDEMNIFICATION . TORT OR OTHER LEGAL OR EQUITABLE THEORY EXCEED TWO TIMES THE PRICE PAID FOR THE PARTICULAR PRODUCTS OR SERVICES GIVING RISE TO SUCH LIABILITY . ♦ Vendor's then current standard terms of sale and service for products and services as s tated below shall apply to all products purchased under this contract: March 20 , 2018 ► Fo r ti net Product Lic e nse Agreement / EULA and Warranty Terms: currently located at: https ://www.fortinet.com/content/dam/forti net/assets/l egal/EULA.pdf ► Fortinet Service Terms & Conditions For Forti Care. Forti Guard and other Fortinet Service Offering: currently located at: httJ)s://www.fortinet.com/content/dam/fortinet/assets/lega l/Fortinet-Service-Offering- Terms.pdf ► Terms and Conditions For Forti net Professional Services: currently located at: h tt:ps ://www.fortinet.co m /content/dam/fortine t/asse ts /legal /Fortin et-MSA.pdf 6 60 F :::RTlnET: RFP 02-18, IT Security and Data Protection Solutions Process Region 14 ESC will evaluate proposals in accordance with, and subject to , the relevant statutes, ordinances, rules, and regulations that govern its procurement practices. NCPA will assist Region 14 ESC in evalu~ting proposals. Award(s) will be made to the prospective vendor whose response is determined to be the most advantageous to Region 14 ESC, NCPA, and its participating agencies. To qualify for evaluation, response must have been submitted on time, a hd satisfy all mandatory requirements identified in this document. ♦ Contract Administration ► The contract will be administered by Region 14 ESC. The National Program will be administered by NCPA on behalf of Region 14 ESC. ♦ Contract Term ► The contract term will be for three (3) year starting from the date of the award. The contract may be renewed for up to two (2) additional one-year terms. ► It should be noted that maintenance/service agreements may be issued for up to (5) years under this contract even if the contract only lasts for the initia l term of the contract. NCPA will monitor any maintenance agreements.for the term of the agreement provided they are signed prior to the termination or expiration of this contract. ♦ Contract Waiver ► Any waiver of any provision of this contract shall be in writing and shall be signed by the duly authorized agent of Region 14 ESC. The waiver by either party of any term or condition of this contract shall not be deemed to constitute waiver thereof nor a waiver of any further or additional right that such party may hold under this contract. ♦ Products and Services additions ► Products and Services may be added to the resulting contrac~ during the term of the contract by written amendment, to the exte nt that those products and services are within the scope of this RFP. ♦ Competitive Range ► Jt may be necessary for Region 14 ESC to establish a competitive range. Responses not in the competitive range are unacceptable and do not receive further award consideration. ♦ Deviation s and Exceptions ► Deviations or exceptions stipulated in response may result in disqualification . It is the intent of Region 14 ESC to award a vendor's complete line of products and/or services, when possible. ♦ Estimated Quantities March 20, 2018 ► The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $1 million dollars annually. This estimate is based on the anticipated volume of Region 14 ESC and current sales within the NCPA program. There is no guarantee or commitment of any kind regarding usage of any contracts resulting from this solicitation 7 61 RFP 02-18, IT Security and D~ta Protection Solutions ♦ Evaluation ► Region 14 ESC will review and evaluate all responses in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices . NCPA will assist the lead agency in evaluating proposals. Recommendations for contract awards will be based on multiple factors, each factor being assigned a point value based on its importance. ♦ Formation of Contract ► A response to this solicitation is an offer to contract with Region 14 ESC based upon the terms, conditions, scope of work, and specifications contained in this request. A solicitation does not become a contract until it is accepted by Region 14 ESC. The prospective vendor must submit a signed Signature Form with the response thus, eliminating the need for a formal signing process. ♦ NCPA Administrative Agreement ► The vendor will be required to enter and execute the National Cooperative Purchasing Alliance Administration Agreement with NCPA upon award with Region 14 ESC. The agreement establishes the requirements of the vendor with respect to a nationwide contract effort. ♦ Clarifications / Discussions ► Region 14 ESC may request additional information or clarification from any of the respondents after review of the proposals received for the sole purpose of elimination minor irregularities, informalities, or apparent clerical mistakes in the proposal. Clarification does not give respondent an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in a revision. After the initial receipt of proposals, Region 14 ESC reserves the right to conduct discussions with those respondent's whose proposals are determined to be reasonably susceptible of being selected for award. Discussions occur when oral or written communications between Region 14 ESC and respondents are conducted for the purpose clarifications involving information essential for determining the acceptability of a proposal or that provides respondent an opportunity to revise or modify its proposal. Region 14 ESC will not assist respondent bring its proposal up to the level of other proposals through discussions. Region 14 ESC will not indicate to respondent a cost or price that it must meet to neither obtain further consideration nor will it provide any information about other respondents' proposals or prices. ♦ Multiple Awards ► Multiple Contracts may be awarded as a result of the solicitation. Multiple Awards will ensure that any ensuing contracts fulfill current and future requirements of the diverse and large number of participating public agencies. ♦ Past Performance March 20, 2018 ► Past performance is relevant information regarding a vendor's actions under previously awarded contracts; including the administrative aspects of performance; the vendor's history of reasonable and cooperative behavior and commitment to customer satisfaction; and generally, the vendor's businesslike concern for the interests of the customer. 8 62 RFP 02-18, IT Security and Data Protection Solutions Eva lua ti on Criteria ♦ Pricing ( 4 0 points) ► Electronic Price Lists ■ Products, Services, Warranti es, etc. price list ■ Prices listed will be used to establish both the extent of a vendor's product lines, services, warranties, etc. available from a particular bidder and the pricing per item. ♦ Ability to Provide and Perform the Required Services for the Contract (25 points) ► Product Delivery within participating entities specified parameters ► Number of line items deliv ered complete within the normal delivery time as a percentage of line items ordered. Vendor's ability to perform towards a bove requirements and desired specifications. ► Past Cooperative Program Perform ance ► Qu a ntity of line items availa ble tha t are commonly purchased by the entity. Qu a lity of line items available com pare d to normal participating entity standards. ♦ References (15 points) ► A minimum of ten (10) customer references for product and/or services of similar scope dating within past 3 years ♦ Technology for Supporting the Program (10 points) ► Electronic on-line catalog, order entry use by and suitability for the entity's needs Quality of vendor's on-line resources for NCPA members. ► Specifications and features offered by res pondent's products and/or services ♦ Va lue Added Services Description, Products and/or Services (10 points) ► Marketing and Training ► Minority and Women Business Enterprise (MWBE) and (HUB) Participation ► Customer Service March 20, 2018 9 63 F :::RTlnET: RFP 02-18, IT Security and Data Protection Solutions Signature For1n The undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal. Prices are guaranteed: 120 days Company name Address City /State/Zip Telephone No. Fax No. Email address Printed name Position with company Authorized signature March 20, 2018 Fortinet, inc. 899 Kifer Road Sunnyvale, CA 94086 408-235-7700 408-212-9290 lega1@fortinet.com John Whittle Vice President and General Counsel 10 RFP #02-18 for IT Security and Data Protection Solutions Tuesday, March 20th, 2018 Evaluation Criteria Point Value Layer 3 Fortinet Securly Pricing 40 38 35 35 Ability to service the contract 25 20 25 15 References 15 10 13 13 Technology 10 5 7 9 Value Added Products and Services 10 3 5 4 Total 100 76 85 76 0 Fortinet Evaluation Committee for Contract: Securly Emily Jeffrey Layer 3 Matthew Mackel Jonathan Applegate Vendors Awarded Under this Contract 64 Solicitation Company Name Address1 City Region PostalCode Phone Email IT Security and Data Protection Solutions Vestige Information Technology LLC Marlon A Nichols 23 Berkeley Surrey North Dakota 58785 7012403288 marlon@vestigeit.com IT Security and Data Protection Solutions Valley IT Solutions David 1121 WESTRAC DR FARGO North Dakota 58103 7016009000 sales@valleyit.us IT Security and Data Protection Solutions Valley IT Solutions David 1121 WESTRAC DR FARGO North Dakota 58103 7016009000 sales@valleyit.us IT Security and Data Protection Solutions Smoothwall Inc Tracie Coleman 8008 Corporate Center Drive Charlotte North Carolina 28226 980-224-9055 tracie.coleman@smoothwall.com IT Security and Data Protection Solutions Barcodes Inc Molly O'Sullivan 200 W Monroe St Chicago Illinois 60606 3122121800 mosullivan@barcodesinc.com IT Security and Data Protection Solutions ePlus Technology, inc.Nicholas DArchangelo 130 Futura Drive Pottstown Pennsylvania 19464 6104951293 ndarchangelo@eplus.com IT Security and Data Protection Solutions Supplies Unlimited LLc Aaron Johnson 6043 San Remo Way Buena Park California 90620-3503 7148233324 aaronj@suppliesunlimitedllc.com IT Security and Data Protection Solutions livengood angie 3821 Lorna Road, Suite 100 Hoover Alabama 35244 2052811960 angie.livengood@tsa.com IT Security and Data Protection Solutions Mythics, Inc.Randy Dorsay 4525 Main Street Virginia Beach Virginia 23462 7579635493 rstageberg@mythics.com IT Security and Data Protection Solutions Oracle David Zalevsky 1910 Oracle Way Reston Virginia 20165 7033641131 dave.zalevsky@oracle.com IT Security and Data Protection Solutions Fujitsu American, Inc.Alan O'Hara 1250 E. Arques Avenue Sunnyvale California 94085 229-379-6957 alan.ohara@us.fujitsu.com IT Security and Data Protection Solutions Sergeant Laboratories Matt Vande Slunt 200 Mason St Onalaska Wisconsin 54650 6087889143 mvandeslunt@provecompliance.com IT Security and Data Protection Solutions A3 Communications, Inc.Michelle Moshinskie 1038 Kinley Road, Building B Irmo South Carolina 29063 8037445000 michelle.moshinskie@a3communications.com IT Security and Data Protection Solutions Light Source Natasha Banks 841 Hillen St.Baltimiore Maryland 21202 4103261582 bankslightsource@gmail.com IT Security and Data Protection Solutions SevenOutsource Steve Walse 113 Barksdale Professional Center Newark Delaware 19711 315-308-7852 rfpalerts@gmail.com IT Security and Data Protection Solutions SevenOutsource Steve Walse 113 Barksdale Professional Center Newark Delaware 19711 315-308-7852 rfpalerts@gmail.com IT Security and Data Protection Solutions bid ocean eric po box 4045 grand junction Colorado 81504 970-237-4411 eric@bidocean.com IT Security and Data Protection Solutions Zones John Mcnally 1102 15th St SW Auburn Washington 98001 253 205 3040 john.mcnally@zones.com IT Security and Data Protection Solutions Securly Inc.Devin Murphy 5600 77 Center Dr.Charlotte North Carolina 28217 7042517907 devin@securly.com IT Security and Data Protection Solutions HighPoint Technology Group Joseph Janecka 10800-B Alcott Dr Houston Texas 77043 7135684154 joseph.janecka@highpoint-technology.net IT Security and Data Protection Solutions SHI International Corp.Nick Grappone 290 Davidson Avenue Somerset New Jersey 08873 732-564-8189 nick_grappone@shi.com IT Security and Data Protection Solutions Fortinet, Inc.Patricia Pallares 899 Kifer Rd Sunnyvale CA California 94086 505-962-2134 ppallares@fortinet.com IT Security and Data Protection Solutions Micro Focus Government Solutions Karen Golden 2946 Whileaway Circle East Colorado Springs Colorado 80917 7193572241 karen.golden@microfocusgov.com IT Security and Data Protection Solutions Fortinet Jeff Jennings 4877 Alta Colina Road Bakersfield California 93012 661-302-8909 jjennings@fortinet.com IT Security and Data Protection Solutions Achilles Shield Sheli Brown 1408 Wolftrap Run Rd.VIENNA Virginia 22182 (703) 501-0094 sheli.brown@a-shield.com IT Security and Data Protection Solutions Visual Infomedia Siva 5C1 Coimbatore Tennessee 64102 3474801475 techzone@visualinfomedia.com IT Security and Data Protection Solutions erepublic Sophana Sok 100 Blue Ravine Rd.Folsom California 95630 9169321300 ssok@erepublic.com IT Security and Data Protection Solutions MGT of America Consulting, LLC Shannon Blakey 516 North Adams Street Tallahassee Florida 32311 8503863191 rcvrfp@mgtamer.com IT Security and Data Protection Solutions West Texas AGC Kimberly Terrell 3125 S 27th Abilene Texas 79605 3256767447 abilene@wtagc.org IT Security and Data Protection Solutions Onvia Stacy Hotes-Aprato 509 Olive Way Seattle Washington 98101 8005751736 shotes@onvia.com IT Security and Data Protection Solutions henry savelli and assocites henry savelli 212 west state street Trenton New Jersey 08608 609-731-0187 henry@henrysavelli.com IT Security and Data Protection Solutions SIRC Aphantree Tanittaisong 730 24th Street NW Washington District of Columbia 20037 202-536-2800 som.tani@sirc.net IT Security and Data Protection Solutions Layer 3 Technologies Dan fenlon 1645 Lyell Ave, Suite 200 Rochester New York 14606 5852596661 dfenlon@layer3direct.com IT Security and Data Protection Solutions JANUS Associates shulie weiss 4 High Ridge Park Stamford Connecticut 06905 2032510200 shuliew@janusassociates.com IT Security and Data Protection Solutions BizCloud Experts Bhramaramba Kunamneni 2113 woodview dr flower mound Texas 75028 2144443227 bizdev@bizcloudexperts.com Created by: japplegate Date created: 03/28/2018 11:24:46 AM IT Security and Data Protection Solutions 65 April 2, 2018 April 2, 2018 01-77 66 RFP 02-18, IT Security and Data Protection Solutions Tab 2 -NCPA Administration Agreement This Administration Agreement is made as of __________ ~ by and between National Cooperative Purchasing Alliance ("NCPA") and Fortinet, Inc. ("Vendor"). Recitals WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______ ~ referenced as Contract Number _______ ~ by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the "Master Agreement''), for the purchase of IT Security and Data Protection Solutions; WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as "public agency" or collectively, "public agencies") may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and lega l capacity to administer purchases under the Master Agreement to public agencies; WHEREAS , NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis; NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and "'.'endor hereby agree as follows: ♦ General Terms and Conditions March 20, 2018 ► The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ► NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor's obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC. ► Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. N CPA shall perform all of its duties, responsibiUties, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that N CPA shall act in the capacity of administrator of purchases under the Master Agreement. ► Wi th respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any Public Agency or any employee of Region 14 ES C or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and ( c) shall not be 11 67 RFP 02-18, IT Security and Data Protection Solutions obligated, liable or responsible for any failure by the Pub1ic Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization a nd approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. ► The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e . invoice requirements, ordering requirements, speci alize d delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ♦ Term of Agreement ► This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay.all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement. ♦ Fees and Reporting ► The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at reporting@ncpa.us. Reports are due on the fifteenth (15 th) day after the close of the previous month or quarter. It is the responsibility of the awarded vendor to coll e ct and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below: Entity Name Zip Code State PO or Job# Sale Amount March 20, 2018 Total ► Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor's annual sales shall be measured on a calendar year basis . Deadline for term of payment will be included in the invoi ce NCPA provides. Annual Sales Through Contract Administrative Fee 0 -$30,000,000 2% $30,000,001 -$50,000,000 1.5% $50,000,001 + 1% 12 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 13 Tab 3 – Vendor Questionnaire Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services. ¨ States Covered Ø Bidder must indicate any and all states where products and services can be offered. Ø Please indicate the price co-efficient for each state if it varies. 50 States & District of Columbia (Selecting this box is equal to checking all boxes below) All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below) Alabama Maryland South Carolina Alaska Massachusetts South Dakota Arizona Michigan Tennessee Arkansas Minnesota Texas California Mississippi Utah Colorado Missouri Vermont Connecticut Montana Virginia Delaware District of Columbia Nebraska Nevada Washington West Virginia Florida New Hampshire Wisconsin Georgia New Jersey Wyoming Hawaii New Mexico Idaho New York Illinois North Carolina Indiana North Dakota Iowa Ohio Kansas Oklahoma Kentucky Oregon Louisiana Pennsylvania Maine Rhode Island American Samoa Northern Marina Islands Federated States of Micronesia Puerto Rico Guam U.S. Virgin Islands 69 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 14 ¨ Minority and Women Business Enterprise (MWBE) and (HUB) Participation Ø It is the policy of some entities participating in NCPA to involve minority and women business enterprises (MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified. § Minority / Women Business Enterprise • Respondent Certifies that this firm is a M/WBE. § Historically Underutilized Business • Respondent Certifies that this firm is a HUB ¨ Residency Ø Responding Company’s principal place of business is in the city of Sunnyvale, State of California ¨ Felony Conviction Notice Ø Please Check Applicable Box; A publically held corporation; therefore, this reporting requirement is not applicable. Is not owned or operated by anyone who has been convicted of a felony. Is owned or operated by the following individual(s) who has/have been convicted of a felony Ø If the 3rd box is checked, a detailed explanation of the names and convictions must be attached. ¨ Distribution Channel Ø Which best describes your company’s position in the distribution channel: Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: ______________________________________ ¨ Processing Information Ø Provide company contact information for the following: § Sales Reports/Accounts Payable Contact Person: Patricia Pallares Title: Director Multiple Award Contracts Company: Fortinet, Inc. Address: 899 Kifer Rd. City Sunnyvale State CA Zip 94086 Phone: (505) 962-2134 Email: ppallares@fortinet.com 70 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 15 § Sales/Purchase Orders Contact Person: Jeff Jennings Title: National SLED Practice Director Company: Fortinet, Inc. Address: 899 Kifer Rd. City Sunnyvale State CA Zip 94086 Phone: (661) 302-8909 Email: jjennings@fortinet.com § Marketing Contact Person: Sowjanya O’Neill Title: Senior Manager, SLED Marketing Company: Fortinet, Inc. Address: 12005 Sunrise Valley Drive, Suite 204 City Reston State VA Zip 20191 Phone: (703) 65106198 Email: soneill@fortinet.com ¨ Pricing Information Ø In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future product introductions at prices that are proportionate to Contract Pricing. § If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated for future product introductions. Yes No Ø Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer. Yes No Ø Vendor will provide additional discounts for purchase of a guaranteed quantity. See explanation below Yes No. Vendor may provide additional discounts (discretionary) based on considerations including, but not limited to, guaranteed quantity or order size. 71 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 17 Tab 4 – Vendor Profile 4.1 Company Name ¨ Company’s official registered name. The company’s official registered name is Fortinet, Inc. 4.2 Company History ¨ Brief history of your company, including the year it was established. Fortinet, Inc. is a profitable, rapidly growing US company whose core competencies are cyber threat research; cybersecurity product research and development; and the design, implementation and support of integrated cybersecurity solutions based on our extensive portfolio of proprietary products. The company, which is ISO 9001:2015 certified, was established in November 2000 to execute on the vision of our founders, Ken and Michael Xie, two engineers who have worked in the cybersecurity field since its inception. By 2000, Ken and Michael had concluded that because of the changing nature of cyberattacks, the then-current practice of using firewalls and VPNs to protect the connections between networks was obsolete. These first-generation tools, they concluded, needed to be replaced by new tools capable not only of securing network connections, but of ensuring the integrity of the content inside the connections. This led to their vision for second-generation cybersecurity tools built around: • The ability to collect and correlate cyber threat intelligence information on an unprecedented scale. To put this capability in place, Fortinet established FortiGuard Labs, an in-house cyber threat research organization (now among the largest cyber threat research organizations in the world) that collects and correlates threat information from a global network of more than 3 million sensors. FortiGuard Labs then disseminates this information to Fortinet customers as software subscriptions that allow their Fortinet network security appliances to identify new and evolving cybersecurity threats. • A new generation of network security appliances (physical and virtual) based on a common operating system that allow s security updates from FortiGuard Labs to be shared simultaneously across all Fortinet appliances in an organization’s network security environment. This means that all deployed appliances can provide a rapid, unified response to threats. The operating system, FortiOS, also allows Fortinet appliances to be managed from a central console. • The ability to perform security and networking functions at extremely high rates of speed -- so that securing a network does not mean slowing the network down. To accomplish this, Fortinet developed proprietary ASIC content processors and network processors that enhance the speed and scalability of our network security appliances. The content processors work outside a network’s direct traffic flow to provide high-speed cryptography and content inspection without impacting network speed while the network processors work with FortiOS to enhance firewall performance for IPv4, IPv6, and multicast traffic. 72 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 18 By 2002, Fortinet had brought the approach described above to market with the introduction of FortiGate, our line of next-generation firewalls. By the time we became a publicly traded company (NASDAQ:FTNT) in 2009, our broad line of FortiGate firewalls had earned a solid reputation in the marketplace for scalability, high security effectiveness, and unsurpassed performance. This flagship product line is the reason why Fortinet is now recognized by Gartner, Inc. as a market leader in both the unified threat management (UTM) device and the enterprise firewall markets. It is also the key reason why data from the market research firm IDC (www.idc.com) shows that Fortinet now ships more network security appliances annually than Cisco, Checkpoint, Juniper, or Palo Alto Networks (See Figure 1.) With our IPO behind us and with the steady growth of our FortiGate customer base, Fortinet began to formulate is vision for a third-generation of cybersecurity tools. As Figure 2 shows, our vision acknowledges that it is no longer enough to secure IT networks. In today’s world, our focus must be on securing IT infrastructure -- from the client to the network to the cloud to the Internet of Things. This shift has led us to expand our product portfolio to include new physical and virtual security appliances used to secure web applications, wireless networks, and email gateways. It has led also led us to introduce new products for detecting and analyzing zero-day threats and products that make it easier for organizations to manage their IT security operations and comply with applicable security policies and regulations. In expanding our product portfolio, we have stressed: (1) making it easier to share threat information not only among our own product but also with third-party products and (2) using artificial intelligence to automate many threat detection/response activities that, until now, had to be performed manually. This frees up our customers’ security experts to focus on more complex tasks and means that our customers can respond faster to cyber threats. Figure 2. Cybersecurity from Generation 1 to Generation 3: Fortinet’s Role in This Evolution The corporate evolution summarized above has made us a profitable company. We are debt-free, have annual sales of more than $1.4 billion, and have more than $1 billion in cash on hand to continue doing what we do best: innovate. Figure 1. Annual Shipments of Network Security Appliances 73 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 19 4.3 D&B Number ¨ Company’s Dun & Bradstreet (D&B) number. Our D&B Number is 040806445. 4.4 Organizational Chart ¨ Company’s organizational chart of those individuals that would be involved in the contract. To provide context, we are including two organizational charts in this section: in Figure 3, we show our US sales organization and in Figure 4, we show the organization of the project team that will be responsible for the successful execution of the NCPA contract. Mike Bossert, Senior Vice President for North American Sales, leads Fortinet’s Canadian and US sales organizations. As Figure 3 shows, the US sales organization encompasses four regional sales territories that cover all 50 states, the District of Colombia, and two US territories. It also includes two business units responsible for sales to the Federal government and to US telecommunications carriers and managed security service providers. Finally, it includes several sales support and overlay teams including a team focused on state/local/educational (SLED) sales. This business unit works collaboratively with our four regional sales organizations and with other Fortinet business units to ensure that Fortinet’s products and service offerings are well aligned with the needs of state, county, and municipal government agencies and with the needs of educational institutions and non-profit organizations. Figure 3. US Sales Organization Within each of the four regional sales territories shown in Figure 3, key resources are: Mike Bossert Senior Vice President North American Sales Sales Support/Overlay Teams •SLED Sales •Sales Operations •Renewals •Inside Sales •Enhanced Technologies Vice President Western US Vice President Central US Region Vice President Northeast US Vice President Southeast US Vice President Federal Sales Vice President Carrier and Service Providers •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Acccount Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing •SE Leader •Field Resources •Account Managers •Engineers •Channel Managers •Field Marketing 74 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 20 • A dedicated Sales Engineering Leader who is responsible for managing the pre-sales engineering support we provide to customers and resellers in our US Sales regions. • Field Resource Teams that cover designated territories within each region. These teams include: o Account Managers and Sales Engineers who provide sales support to customers and resellers. This includes Account Managers/Sales Engineers who are focused specifically on the SLED market. o Channel Managers who recruit and support qualified, capable resellers throughout each region. o Field Marketing Managers who provide marketing support within the region. Figure 4 shows the project team responsible for the success of the NCPA contract. As the Figure shows, Mike Bossert, the Senior Vice President for North American Sales, is the Executive Sponsor for the contract. In that capacity he has overall responsibility for our performance on the contract. He will meet with our designated NCPA Contract Manager on a regular basis to review contract status and will receive regular status reports. Our designated Contract Manager for the NCPA contract is Jeff Jennings, the Director of our SLED business unit. Jeff brings knowledge gained in past positions at two other companies where he served as the contract manager for their NCPA technology contracts. In managing this contract, he will draw on the support of our SLED Marketing Manager, who brings an in-depth understanding of the SLED market to her role; a Contract Administrator with years of experience managing/administering/using large multiple award contract vehicles; and a Sales Operations Manager who uses her knowledge of educational procurement practices to help Fortinet provide effective sales support to educational customers. We will also establish two working groups to bring insight from the field into our management team: one will include sales Account Managers who work in the SLED Market and the other will include Channel Managers responsible for recruiting and supporting resellers with experience serving the SLED market. Figure 4. NCPA Contract Management Team 4.4.1 Office Locations ¨ Corporate office location. Ø List the number of sales and services offices for states being bid in solicitation. Mike Bossert NCPA Contract Executive Sponsor S. O’Neill SLED Marketing P. Pallares Contract Administration A. M. Miller Sales Operations, SLED Regional Sales Working Group Procurement Officer Region 14 Educational Service Center Jeff Jennings NCPA Contract Manager Regional Channel Working Group 75 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 21 Sales: This contract, which will be available to customers in all 50 states, the District of Columbia, and in US territories, will be managed out of Fortinet’s corporate headquarters in Sunnyvale, CA. (See table below.) For sales, we will make use of an established distribution channel that includes five US-based distributors and resellers and value- added resellers in US states and territories. Our sales resources also include field-based Fortinet Sales Account Managers and Sales Engineers who provide pre-sales support to customers and resellers in their respective territories. Services: See table below: Office or Field Resource Role in Contract Corporate and Contract Management Fortinet Headquarters 899 Kifer Road Sunnyvale, California 94086 Phones: Main switchboard: 408-235-7700 Sales/Training: 866-868-3678 Technical Support: 408-542-7780 866-648-4638 Contract management Contract administration Sales management Finance and accounting Training and professional services Product development Order process management Support management Supply chain management Quality assurance Compliance Sales Field-Based Sales Teams in US States/Territories Sales account management Pre-sales engineering Technical Support Regional Technical Assistance Centers* Plano, Texas Ottowa, Ontario ON Canada Burnaby, BC Canada Product Distribution Supply Depots Fortinet maintains 35 hardware storage facilities worldwide and 200 regional equipment depots. * Fortinet uses a follow-the-sun model for technical assistance. Support will therefore be provided to NCPA customers from these North American centers during regular business hours and will roll over to TACs in other regions after hours (except in the case of contracts/purchase orders that require support from US TACs only). Ø List the names of key contacts at each with title, address, phone and e-mail address. Position Contact Information Contract Manager Jeff Jennings National SLED Practice Director Business Address: Fortinet, Inc. 899 Kifer Road, Sunnyvale CA 94086 Phone: (661) 302-8909 Email: jjennings@fortinet.com Contract Administrator Patricia Pallares Director Multiple Award Contracts Business Address: Fortinet, Inc. 899 Kifer Road, Sunnyvale CA 94086 Phone: (505) 962-2134 Email: ppallares@fortinet.com Technical Support Fortinet Technical Support Phone: 408-542-7780 Phone: 866-648-4638 Website (chat, email): https://support.fortinet.com 76 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 22 4.5 Standard Terms of Payment ¨ Define your standard terms of payment. Customers that use this contract will make payments directly to the awarded vendor or to the NCPA-approved distributor/partner/reseller with whom the order was placed. Payment terms are net thirty (30) days from the date of the invoice. Late fees may be charged on all amounts not paid when due at the rate of one and one half percent (1.5%) per month or the highest rate permitted by law, whichever is lower. 4.6 Key Competitors ¨ Who is your competition in the marketplace? The table below identifies key cybersecurity market segments in which Fortinet competes. It uses data from Gartner Magic Quadrant Reports and NSS Labs Security Test Reports to identify our competitors in those market segments. The Gartner Magic Quadrant Reports are based on a proprietary qualitative methodology that classifies the established companies in a market segment into four categories: “market leaders”, “challengers”, “niche players” and “visionaries”. The NSS Labs security test reports use a proprietary test and analysis methodology to measure the security effectiveness and total cost of ownership of the products network security manufacturers submit for testing. It then uses the results to assign a rating of “recommend”, “neutral”, or “caution” to each tested product. Market Segment Key Competitors Supporting Information Enterprise Firewalls Definition: Purpose -built appliances for securing enterprise networks. Able to support single-enterprise firewall deployments and large and/or complex deployments. The ability to provide virtual versions for the data center is now an expectation as is the ability to deploy in cloud environments. • Palo Alto Networks • Check Point Software Technologies These two companies, along with Fortinet, are ranked as “market leaders” in the latest Gartner, Inc. Magic Quadrant report on the Enterprise Firewall market. Unified Threat Management Devices Definition: Multifunctional network security products designed for small to medium-size organizations (100 to 1,000 employees). Typical capabilities provided include enterprise firewall, intrusion prevention, remote access, secure web/email gateway, routing and wan connectivity. • Check Point Software Technologies • Sophos These two companies, along with Fortinet, are ranked as “market leaders” in the latest Gartner, Inc. Magic Quadrant report on UTM Devices. Next-Generation Firewall Definition. Deep-packet inspection firewalls that move beyond port/protocol inspection and blocking to add application-level inspection, intrusion prevention, and to bring in intelligence from outside the firewall. • Barracuda • Checkpoint • Cisco • Forcepoint • Palo Alto • Sophos • SonicWall • WatchGuard These eight companies, along with Fortinet, received “recommend” ratings from NSS Labs in its most recent tests on Next- Generation Firewalls. Data Center Security Gateway (DCSG) Definition. DCSGs protects data center servers and the applications that run on them (i.e., web servers, mail servers, DNS servers, application servers, etc.) from potential threats. They converge data center firewall and data center intrusion prevention system technologies and perform access control and deep packet inspection to protect server applications from remote attacks. • Juniper Networks • Palo Alto Networks • Cisco These three companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s first tests on firewalls used as Data Center Security Gateways. Data Center Intrusion Protection Systems (DCIPS) Definition. Data center network security devices are deployed to protect servers and applications hosted in the data center. Data center intrusion prevention systems (DCIPS) are deployed at critical points in the network. Their role is to identify and block sophisticated threats against web servers, application servers, and database servers without false positives or degradation of network performance. • Juniper Networks • McAfee • Trend Micro These three companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s most recent tests on Data Center Intrusion Protection Systems. 77 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 23 Market Segment Key Competitors Supporting Information Breach Detection (or Advanced Threat Protection) Definition. These products provide enhanced detection of advanced malware, zero-day attacks, and targeted attacks that could bypass defenses such as next generation firewalls, intrusion prevention systems, intrusion detection systems, antivirus/endpoint protection (including host IPS), and secure web gateways. • Trend Micro • Lastline • Check Point Software Technologies These three companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s most recent tests on Breach Detection Systems. NSS Labs tested products from a total of six companies in these tests. Web Application Firewalls Definition: Physical or virtual appliance to protect public and internal web applications, whether deployed on premise or remotely hosted. Should protect against a variety of attacks including injection attacks and application-layer denial of service (DoS). • F5 • Imperva • Akamai These three companies are ranked as “leaders” in the latest Gartner Magic Quadrant report on Web Application Firewalls. Fortinet is ranked as the “challenger” closest to moving into the “leader” quadrant. Wired and Wireless LAN Access Infrastructure Definition: This market segment consists of vendors supplying wired and wireless networking hardware and software that enables devices to connect to the enterprise wired LAN or Wi-Fi network. • Riverbed • Dell EMC • Juniper Networks • New H3C These four companies, along with Fortinet are the five top-ranked “niche players” in the latest Gartner Magic Quadrant for Wired and Wireless LAN Access Infrastructure. Advanced Endpoint Protection (AEP) Definition: AEP products protect endpoints from a multitude of attack threat vectors targeting a very dynamic enterprise class endpoint attack surface. They should also be resistant to evasion techniques and provide low false positive results. • Sentinel One • Invinces • McAfee • Symantec • Cylance • Trend Micro • ESET • Kapersky These eight companies, along with Fortinet, received “recommend” ratings from NSS Labs, Inc. in that organization’s most recent tests on Advanced Endpoint Protection. NSS Labs tested products from a total of 13 companies in these tests. 78 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 24 4.8 Fortinet Competitive Advantages ¨ What differentiates your company from competitors? The three attributes described below distinguish us from our competitors. 4.8.1 Our Corporate Strength and Stability When it comes to the cybersecurity industry – an industry that includes hundreds of new startups and has frequent mergers/acquisitions – Fortinet stands out as a stable, reliable partner for NCPA. We are a 17-year-old US company whose founders, Ken and Michael Xie, continue to serve as our company’s Chief Executive Officer and our Chief Technology Officer. Under their leadership we have become a profitable, debt-free cybersecurity company with more than 5,000 employees worldwide, annual sales of more than $1.4 billion, and ample cash on ha nd to invest in our products and our people. These three metrics underscore the corporate strength that makes Fortinet a viable long-term partner for NCPA: • Innovation. As of February 2018, Fortinet has 441 issued patents. This is three to eight times more than the number of patents held by the companies we identified in Section 4.6 as competitors in these key markets: enterprise firewalls and UTM devices. • Growth. The Fortune Future 50 is an industry ranking introduced by Fortune in 2017 that ranks the US public companies with the best prospects for breakout growth in the future. Not surprisingly given the importance that organizations place on protecting their IT infrastructure and data, there are three cybersecurity companies on this list. Fortinet is one of them. • Technology Adoption. In Figure 1, we showed the number of network security appliances shipped by Fortinet and by four other leading suppliers of firewalls from 2011 through 2016. The trend line shows that Fortinet now ships more than twice as many appliances as two of the companies shown in Figure 1 and more than six times as many as the other two companies shown in the figure. 4.8.2 Our Ability to Execute on our Vision In Section 4.2, we described Fortinet’s vision for the evolution of the cybersecurity industry, which has moved from protecting network connections to protecting the content inside of network connections to protecting IT infrastructure. Explained simply, moving from the second generation of cybersecurity to the third means replacing point cybersecurity products that do not communicate with one another within an organization’s IT infrastructure with an integrated security fabric in which every cybersecurity product deployed receives and acts on the same information in real time. If there is one fundamental attribute that distinguishes Fortinet from our competitors, it is that Fortinet has made this leap; others in the industry have not. The solution we sell that embodies this leap is the Fortinet Security Fabric. The Security Fabric, which is illustrated in Figure 5, acknowledges that in today’s IT environment, an organization’s network is not secure unless its entire IT infrastructure is secure – including cloud resources, web applications, email, network access points, endpoints, and IOT devices. It is built around Fortinet products which, because they are based on the same powerful, purpose-built security operating system, can receive, correlate, and automatically act in real-time and in a coordinated fashion on threat information provided around the clock by FortiGuard Labs (discussed in Section 4.8.3). By leveraging open standards and APIs, third-party products from many leading manufacturers and software publishers can also be integrated into Fortinet Security Fabric solutions. If we are awarded an NCPA IT Security and Data Protection Solutions contract, agencies and educational institutions will be able to acquire our Security Fabric products at discounted prices. This includes physical and virtual products used for network security, management and analytics, multi-cloud security, web application security, email security, advanced threat protection, secure unified access (wired and wireless), and endpoint security. 79 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 25 Figure 5. The Fortinet Security Fabric: The Third Generation of Cybersecurity 4.8.3 Our Threat Research Capabilities FortiGuard Labs is Fortinet’s in - house applied threat research organization. With a staff composed of security threat researchers, engineers, and forensic specialists who scour the cyber landscape to discover emerging threats and develop effective countermeasures, FortiGuard Labs is the reason why Fortinet has been credited with 534 zero-day threat discoveries to date – including 21 discovered so far this year. FortiGuard Labs uses human analysis, analytics and machine learning to turn the threat information it collects directly or through threat intelligence sharing into near real-time updates to our FortiGuard Security Subscription Services (Figure 6) which it makes available to subscribers on a 24 x 7 basis. These subscriptions are a key component of our offer to NCPA. Figure 6. FortiGuard Security Subscriptions 80 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 26 4.9 How We Will Market Our NCPA Contract ¨ Describe how your company will market this contract if awarded. Fortinet understands that an effective marketing plan is crucial to our success as an NCPA contract holder. This is reflected in our decision to designate Jeff Jennings as our Contract Manager for this effort and to include Sowjanya O’Neill as part of the NCPA Contract team. As noted previously, Jeff has successfully managed NCPA contracts in the past and Sowjanya, who is Fortinet’s Senior Manager for SLED Marketing, is ideally positioned to integrate our NCPA contract marketing objectives into our overall SLED marketing plan. She also brings extensive experience developing and executing go-to-market strategies for technology companies. Under her direction, we will implement a marketing approach that will include: • Social media promotion via LinkedIn, FaceBook and Twitter • Collaboration with NCPA’s marketing team, with an emphasis on identifying opportunities for co-branding • Deploying a dedicated contract website • Providing training on the NCPA contract to Field Marketing Managers • Integrating information on the NCPA contract into existing SLED marketing campaigns • The creation of marketing collateral targeting agencies eligible to use the NCPA contracts • Webinars for agencies eligible to use the NCPA contracts • The creation of marketing collateral for authorized resellers • Outreach and training for authorized resellers that sell to SLED customers • Webinars targeting resellers interesting in becoming authorized resellers on the contract • Collaboration with our resellers’ marketing teams • Trade shows and industry events 4.10 How We Will Introduce NCPA to Our Company ¨ Describe how you intend to introduce NCPA to your company. Our Contract Manager will take the lead on introducing the NCPA contract to Fortinet Sales Account Managers responsible for sales to the SLED market. He will also introduce the contract to Channel Managers responsible for recruiting and supporting resellers who serve this market. Our Contract Administrator will work closely with Jeff to ensure that our Sales Account Managers understand the contract terms and conditions. At contract award, we will use group conference calls and training webinars to reach these two internal audiences. We will also implement processes to monitor whether field teams are leveraging the NCPA contract and will provide follow-up training as needed. Finally, we will integrate information on using the NCPA contract into our training for new Sales Account Managers responsible for SLED sales and for new Channel Managers and Marketing Managers in the field. 4.11 On-line Catalog / Ordering Website ¨ Describe your firm’s capabilities and functionality of your on-line catalog / ordering website. Because Fortinet uses a channel model for sales, we do not have, nor do we intend to implement, and ordering website for the NCPA contract. What we do provide is a website ( www.fortinet.com) that SLED customers can use to find detailed information on our products and services and to access technical support. As indicated in Section 4.9, we intend to add dedicated site for the NCPA contract to this website. We will use this site to provide information on how to use our NCPA contract to organizations interested in using the contract and to help them connect with qualified, capable authorized resellers who serve their geographic market. 81 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 27 4.12 Customer Support Services ¨ Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.) To provide effective support to a customer base that spans the globe, Fortinet has made it a priority to build a best-in- class global infrastructure for technical assistance and warranty/maintenance support. This infrastructure features three global Centers of Expertise (COE) supplemented by regional Technical Assistance Centers (TACs). It also includes 35 hardware storage facilities worldwide and 200 regional depots. This infrastructure provides the foundation for FortiCare Services, the program through which we will provide support for products covered by warranty and, thereafter, maintenance support for products covered by a FortiCare maintenance plan. The subsections below describe these services as they relate to the State’s requirement for hardware and software maintenance. 4.12.1 Hardware Maintenance Our price list includes line items that will allow NCPA contract users to purchase FortiCare Services for hardware appliances in one-, three-, and five-year increments. It also includes “bundles” that allow hardware, applicable FortiGuard security software subscriptions, and FortiCare services to be purchased together at a reduced price. Whether purchased separately or as part of a “bundle”, an NCPA customer will be able to choose the hardware support plan that meets its needs from these options: • FortiCare 8x5 Service. Provides access to technical support via Fortinet’s support portal, online chat system, and telephone during regular work hours. This plan also includes return and replace services for hardware failures. • FortiCare 24x7 Service. Provides access to technical support via the methods described above a 365x24x7 basis. This plan also includes an advanced replacement service for hardware failures. • FortiCare 360° Service. Provides the services included in the FortiCare 24x7 package, plus a recurring health check for customers with FortiGate and/or FortiWiFi appliances. As part of the service, Fortinet proactively performs device environmental and performance audits for the contracted appliances. Based on the audit results, we provide recommendations to help customers avoid unplanned service disruptions or issues that could degrade performance. For many products, Fortinet also provides the option to purchase Premium RMA Service. The available options with this service are: • Next-day Delivery: Parts delivered the day following RMA approval by Fortinet support. • 4-Hour Courier: Parts delivered on-site 24 hours a day, 7 days a week within 4 hours of RMA approval by Fortinet support (where available). • 4-Hour On-site Engineer: Parts delivered on-site with an engineer, 24 hours a day, 7 days a week within 4 hours of RMA approval by Fortinet support (where available). • Secure RMA Services: This service allows for non-return of an appliance for those customers with strict rules and requirements for physical data protection. 82 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 28 4.12.2 Software Maintenance Our price list includes perpetual licenses for a wide range of virtual appliances. We offer FortiCare Services packages (8 x 5 or 24 x 7) for these products in one-, three-, and five-year increments. These plans encompass technical support services for software products covered by an active warranty or maintenance plan. This support is available telephonically as well as through our web portal or by chat. Software error correction and software update services are also included. Our price list also includes the FortiGuard security software subscriptions discussed previously in Section 4.8.3. FortiGuard Labs issues updates for these software applications on a continuous basis as new cybersecurity threats are identified. We make use of a global network of FortiGuard Distribution Servers (FDS) to distribute these software updates to registered Fortinet devices in the field. The FDS supports: • User-initiated updates • Hourly, daily, or weekly scheduled antivirus definition, IPS definition, and antispam rule set updates from the FDN • Push updates 4.12.3 Premium Support Services In addition to the support services outlined above, Fortinet has included the following premium support services in our proposal as value-added services: • Premium – Enterprise. This is an annual service plan that provides fast-track access to an advanced services team. It also includes training and certification, a customized account plan, and pro-active after-hours support. • Business – Enterprise. This is an annual service plan that includes a designated engineer who will become familiar the customer’s environment and assist in regular ticket reviews. It also includes bi-annual and root- cause analysis reporting. • First – Enterprise. This annual plan includes a designated lead engineer, aka technical account manager (TAM), who collaborates with the customer to build and maintain a long-term technical engagement, providing technical support, operational reviews and quarterly reporting. The service also includes best practice guidance, upgrade assistance, extended software support to facilitate upgrade planning, and advanced notifications. 4.13 Green Initiatives ¨ Green Initiatives Ø As our business grows, we want to make sure we minimize our impact on the Earth’s climate. We are taking every step we can to implement innovative and responsible environmental practices throughout NCPA to reduce our carbon footprint, reduce waste, energy conservation, ensure efficient computing and much more. To that effort we ask respondents to provide their companies environmental policy and/or green initiative. Fortinet is committed to environmentally responsible behavior. We have processes in place to ensure that our products reduce impact to the environment and are in compliance with applicable laws and regulations in the jurisdictions where we conduct business. Ongoing initiatives of note include: • A program to curb the use of hazardous substances in equipment sold in the European Union, • The introduction of recycling support for equipment sold in the European Union. 83 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 29 4.14 Vendor Certifications ¨ Vendor Certifications (if applicable) Ø Provide a copy of all current licenses, registrations and certifications issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to, licenses, registrations, or certifications. Certifications can include M/WBE, HUB, and manufacturer certifications for sales and service. Fortinet does not have federal, state, or local certifications covering services. However, we wish to make you aware of the following certifications: • ISO 9001:2015, Quality Management System. The scope of this certificate covers the design, development, and manufacture of Network Security Products and the Delivery of Associated Security Services and Support. (A copy of our certificate is provided in Attachment 4.) • Our price list includes selected products that are certified for compliance under the US National Information Assurance Program Common Criteria Evaluation and Validation Sch eme (CCEVS). • Our price list includes selected products certified by the National Institute of Standards and Technology for compliance with FIPS 140-2, Security Requirements for Cryptographic Modules. 84 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 30 Tab 5 – Products and Services ¨ Respondent shall perform and provide these products and/or services under the terms of this agreement. The supplier shall assist the end user with making a determination of their individual needs. The following is a list of suggested (but not limited to) IT Security and Data Protection Solutions categories. List all categories along with manufacturer that you are responding with: Ø Content Filtering Ø Anti-Virus / Anti-Spam Ø Network Forensics / Real – Time Monitoring Ø Network Access Control Ø Firewalls Ø Network Storage / Archiving Ø Wireless Networks Ø Bandwidth Management Ø Networking Hardware Ø Application Security Ø Email Security and Archiving Ø Data Protection § Backup § Cloud Backup We have edited the list above to show the suggested capabilities that are addressed by hardware or software products included in our price list. Described at a high level, our price list includes: • Physical and virtual cybersecurity appliances (hardware appliances and perpetual software licenses) that provide functional capabilities in these areas: o Network Security o Cloud Security o Web Application Security o Email Security o Advanced Threat Protection o Secure Unified Access o Endpoint Security o Management and Analytics • FortiGuard Security Subscriptions (term software licenses) for: o Application control o Intrusion prevention o Antivirus o Sandboxing 85 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 31 o IP reputation and anti-botnet o Web filtering o Web application security o Credential stuffing defense o Database security o Virus outbreak protection o Content disarm and reconstruction o Security rating • Hardware and software maintenance plans (as described in Section 4.12) o 8 x 5 support o 24 x 7 support o 360o support (24 x 7 support with proactive monitoring and health checks) o Premium support services • Professional Services o Remote engineering support o Onsite engineering support • Training o Onsite courses o Self-paced courses o Instructor-led virtual courses • Value-Added Products (See Tab 8) 86 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 33 Tab 7 – Pricing ¨ Please submit price list electronically (pricing can be submitted as Discount off MSRP, cost plus, etc.). Products, services, warranties, etc. should be included in price list. Prices submitted will be used to establish the extent of a respondent’s products and services (Tab 5) that are available and also establish pricing per item. The electronic price list included in our offer includes Fortinet’s MSRP for all products and services proposed and proposed discounts based on the following discounting plan: o Hardware: 20% o FortiCare Hardware Maintenance Plans– One-Year Plan: 15% o FortiCare Hardware Maintenance Plans – Three-or Five-Year Plans: 0% o Perpetual and Term Software Licenses: 15% o FortiCare Hardware Maintenance Plans– One-Year Plan: 15% o FortiCare Hardware Maintenance Plans – Three-or Five-Year Plans: 0% o Professional Services, Training, Premium Maintenance: 0% Our offer includes all products and services in our current commercial price list with the exception of Legacy Meru products. ¨ Price lists must contain the following: Ø Product name and part number (include both manufacturer part number and respondent part number if different from manufacturers). Ø Description Ø Vendor’s List Price Ø Percent Discount to NCPA participating entities The electronic price list submitted with our proposal complies with this requirement. ¨ Submit price list electronically on CD, DVD, or Flash Drive. Include respondents name, name of solicitation, and date on media of choice. The electronic price list submitted with our proposal is on a labeled flash drive. ¨ Not To Exceed Pricing Ø NCPA requests pricing be submitted as “not to exceed pricing” for any participating entity. Ø The awarded vendor can adjust submitted pricing lower but cannot exceed original pricing submitted for solicitation. Ø NCPA requests that vendor honor lower pricing for similar size and scope purchases to other members. Fortinet will ensure that all resellers authorized to sell through our contract understand that the prices on our price list are "not to exceed prices." Because size and scope are two of many factors that can impact the price for a given order, we cannot honor the request to honor lower pricing for similar size and scope purchases. 87 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 34 Tab 8 – Value Added Products and Services ¨ Include any additional products and/or services available that vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities. Fortinet’s goal if awarded a contract under the new NCPA IT Security and Data Protection Solutions program is to establish a productive, mutually beneficial partnership with the Region ESC and NCPA that benefits NCPA’s participating entities. To accomplish this, we have elected to include our entire commercial price list in this offer (with the exception of certain legacy products from our acquisition of Meru Networks in 2015). Given the nature of our business, most of the products and services that we offer fall squarely within the scope of this offer. However, our decision to include are full price list means that NCPA participating entities will also be able to acquire products from our FortiVoice product line (IP PBX phone systems for business) and FortiCamera/FortiRecorder (our network- based video security solution. Based on the evaluation criteria included in the RFP, it is clear that for the Region 14 ESC and NCPA, providing good value to NCPA contract stakeholders also means demonstrating a commitment to effective support in these areas: • Marketing. To ensure we meet NCPA’s expectations for providing effective marketing support, we have included a senior-level marketing resource on our co ntract team for this contract. In Section 4.4, we outlines some of the strategies she will use to ensure that NCPA stakeholders are aware of our contract and know how to leverage it to obtain our best-of-breed cybersecurity products/solutions at competitive prices. • Increasing the presence of MWBEs and HUBs in the NCPA contracting program. Fortinet intends to allow authorized resellers to use our contract and has strong program in place for recruiting and supporting our channel partners. This puts us in a strong position to create opportunities for MWBEs and HUBs as authorized resellers. • Customer Service. See Section 4.12 for our description of our comprehensive customer support program. This is the same customer support program that US Federal agencies and some of the world’s largest financial institutions and telecommunications carriers rely on to provide support for their Fortinet Network Security and Security Fabric solutions. 88 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 35 Tab 9 – Required Documents ¨ Clean Air and Water Act / Debarment Notice ¨ Contractors Requirements ¨ Antitrust Certification Statements ¨ FEMA Standard Terms and Conditions Addendum for Contracts and Grants ¨ Required Clauses for Federal Assistance by FTA ¨ State Notice Addendum 89 90 RFP 02-18, IT Security and Data Protection Solutions Clean Air and Water Act & Debarment Notice I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended ( 42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under 0MB Circular A-102, Attachment 0, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environment Protection Agency Assistant Administrator for the Enforcement. I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, "Debarment and Suspension", as described in the Federal Register and Rules and Regulations Potential Vendor Fortinet, Inc. Print Name John Whittle Address 899 Kifer Road City, Sate, Zip Sunnyvale, CA 94086 Authorized signature Date . !G I 'Zo I 'f March 20, 2018 91 F i.:RTlnEl: RFP 02-18, IT Security and Data Protection Solutions Contractor Requirements Contractor Certification Contractor's Employment Eligibility By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance with the various state statues of the states it is will operate this contract in. Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws. Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/ or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor. The offeror complies and maintains compliance with the appropriate statutes which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Ve r ification Program. Contractor shall comply with governing board policy of the NCPA Participating entities in which work is being performed Fingerprint & Background Checks If required to provide services on school district property at least five (5) times during a month, contractor shall sub111it a full set of fingerprints to the school district if requested of each person or employee who may provide such servic e. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District. The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted. Contractor shall comply with governing board policy in the school district or Particip a ting Entity in which work is being performed Business Operations in Sudan, Iran In accordance with A.R.S. 35-391 and A.RS. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran. Authorized signature Date March 20, 2018 92 F :::RTlnET: RFP 02-18, IT Security and Data Protection Solutions Antitrust Certification Statements (Tex. Government Code § 2155.005) I affirm under penalty of perjury of the laws of the State of Texas that: (1) I am duly authorized to execute this contract on my own behalfor on behalfof the company, corporation, firm, partnership or individual (Company) listed below; (2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and (4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company. Company name Fortinet, Inc. Address 899 Kifer Road City /State/Zip Sunnyvale, CA 94086 Telephone No. (408) 235-7700 Fax No . (408) 212-9290 Email address jwhittle@fortinetcom Printed name John Whittle Position with company Vice President, General Counsel Authorized signature r= March 20, 2018 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 39 FEMA Standard Terms and Conditions Addendum for Contracts and Grants If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”). In addition, Contractor agrees to the following specific provisions: 1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43. 2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws: a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60); b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327- 30) as supplemented by DOL regulations (29 CFR Part 5); e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871). 4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents: a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the participating agency and be disposed of in accordance with the participating agencies policy. The participating agency, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights: a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes: 1) The copyright in any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized 93 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 40 representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42. 94 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 41 Required Clauses for Federal Assistance provided by FTA ACCESS TO RECORDS AND REPORTS Contractor agrees to: a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination. FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11). CIVIL RIGHTS / TITLE VI REQUIREMENTS 1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. 2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract: a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity 95 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 42 Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue. c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in programs, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission (EEOC), “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions. d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause. 3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin. 4) Sanctions of Non-Compliance. In the event of Contractor's non -compliance with the non - discrimination provisions of this Contract, Public Agency shall impose such Contract sanctions as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part. Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. DISADVANTAGED BUSINESS PARTICIPATION This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts. 1) Non-Discrimination Assurances . Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall 96 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 43 carry out all applicablerequirements of 49 CFR Part 26 in the award and administration of DOT- assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)). 2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency. 3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract. ENERGY CONSERVATION REQUIREMENTS Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions. 97 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 44 NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract. Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is being performed. In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate. Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate. Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 98 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 45 State Notice Addendum Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirement of said statutes: Nationwide: http://www.usa.gov/Agencies/Local_Government/Cities.shtml Other States: Cities, Towns, Villages, and Boroughs No. Cities, Towns, Villages and Boroughs in Oregon 1 CEDAR MILL COMMUNITY LIBRARY 2 CITY COUNTY INSURANCE SERVICES 3 CITY OF ADAIR VILLAGE 4 CITY OF ALBANY 5 CITY OF ASHLAND 6 CITY OF ASTORIA OREGON 7 CITY OF AUMSVILLE 8 CITY OF AURORA 9 CITY OF BEAVERTON 10 CITY OF BOARDMAN 11 CITY OF BURNS 12 CITY OF CANBY 13 CITY OF CANNON BEACH OR 14 CITY OF CANYONVILLE 15 CITY OF CENTRAL POINT POLICE DEPARTMENT 16 CITY OF CLATSKANIE 17 CITY OF COBURG 18 CITY OF CONDON 19 CITY OF COOS BAY 20 CITY OF CORVALLIS 21 CITY OF COTTAGE GROVE 22 CITY OF CRESWELL 23 CITY OF DALLAS 24 CITY OF DAMASCUS 25 CITY OF DUNDEE 26 CITY OF EAGLE POINT 27 CITY OF ECHO 28 CITY OF ESTACADA 29 CITY OF EUGENE 30 CITY OF FAIRVIEW 31 CITY OF FALLS CITY 32 CITY OF GATES 33 CITY OF GEARHART 34 CITY OF GERVAIS 35 CITY OF GOLD HILL 36 CITY OF GRANTS PASS 37 CITY OF GRESHAM 38 CITY OF HAPPY VALLEY 39 CITY OF HILLSBORO 40 CITY OF HOOD RIVER 41 CITY OF JOHN DAY 42 CITY OF KLAMATH FALLS 43 CITY OF LA GRANDE 44 CITY OF LAKE OSWEGO 45 CITY OF LAKESIDE 46 CITY OF LEBANON 47 CITY OF MALIN 48 CITY OF MCMINNVILLE 49 CITY OF MEDFORD 50 CITY OF MILL CITY 51 CITY OF MILLERSBURG 52 CITY OF MILWAUKIE 53 CITY OF MORO 54 CITY OF MOSIER 55 CITY OF NEWBERG 56 CITY OF NORTH PLAINS 57 CITY OF OREGON CITY 58 CITY OF PHOENIX 59 CITY OF PILOT ROCK 60 CITY OF PORT ORFORD 61 CITY OF PORTLAND 62 CITY OF POWERS 63 CITY OF REDMOND 64 CITY OF REEDSPORT 65 CITY OF RIDDLE 66 CITY OF SALEM 67 CITY OF SANDY 68 CITY OF SANDY 69 CITY OF SCAPPOOSE 70 CITY OF SEASIDE 71 CITY OF SHADY COVE 72 CITY OF SHERWOOD 73 CITY OF SPRINGFIELD 74 CITY OF ST. PAUL 75 CITY OF STAYTON 76 CITY OF TIGARD, OREGON 77 CITY OF TUALATIN, OREGON 78 CITY OF WARRENTON 79 CITY OF WEST LINN/PARKS 80 CITY OF WILSONVILLE 81 CITY OF WINSTON 82 CITY OF WOOD VILLAGE 83 CITY OF WOODBURN 84 CITY OF YACHATS 85 FLORENCE AREA CHAMBER OF COMMERCE 86 GASTON RURAL FIRE DEPARTMENT 87 GLADSTONE POLICE DEPARTMENT 88 HOUSING AUTHORITY OF THE CITY OF SALEM 89 KEIZER POLICE DEPARTMENT 90 LEAGUE OF OREGON CITIES 91 MALIN COMMUNITY PARK AND RECREATION DISTRICT 92 METRO 93 MONMOUTH - INDEPENDENCE NETWORK 94 PORTLAND DEVELOPMENT COMMISSION 95 RAINIER POLICE DEPARTMENT 96 RIVERGROVE WATER DISTRICT 97 SUNSET EMPIRE PARK AND RECREATION 98 THE NEWPORT PARK AND RECREATION CENTER 99 TILLAMOOK PEOPLES UTILITY DISTRICT 100 TUALATIN VALLEY FIRE & RESCUE 101 WEST VALLEY HOUSING AUTHORITY No. Counties and Parishes 1 ASSOCIATION OF OREGON COUNTIES 99 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 46 2 BENTON COUNTY 3 CLACKAMAS COUNTY DEPT OF TRANSPORTATION 4 CLATSOP COUNTY 5 COLUMBIA COUNTY, OREGON 6 COOS COUNTY HIGHWAY DEPARTMENT 7 CROOK COUNTY ROAD DEPARTMENT 8 CURRY COUNTY OREGON 9 DESCHUTES COUNTY 10 DOUGLAS COUNTY 11 GILLIAM COUNTY 12 GILLIAM COUNTY OREGON 13 GRANT COUNTY, OREGON 14 HARNEY COUNTY SHERIFFS OFFICE 15 HOOD RIVER COUNTY 16 HOUSING AUTHORITY OF CLACKAMAS COUNTY 17 JACKSON COUNTY HEALTH AND HUMAN SERVICES 18 JEFFERSON COUNTY 19 KLAMATH COUNTY VETERANS SERVICE OFFICE 20 LAKE COUNTY 21 LANE COUNTY 22 LINCOLN COUNTY 23 LINN COUNTY 24 MARION COUNTY , SALEM, OREGON 25 MORROW COUNTY 26 MULTNOMAH COUNTY 27 MULTNOMAH COUNTY 28 MULTNOMAH LAW LIBRARY 29 NAMI LANE COUNTY 30 POLK COUNTY 31 SHERMAN COUNTY 32 UMATILLA COUNTY, OREGON 33 UNION COUNTY 34 WALLOWA COUNTY 35 WASCO COUNTY 36 WASHINGTON COUNTY 37 YAMHILL COUNTY 1 BOARD OF WATER SUPPLY 2 COUNTY OF HAWAII 3 MAUI COUNTY COUNCIL No. Higher Education 1 BIRTHINGWAY COLLEGE OF MIDWIFERY 2 BLUE MOUNTAIN COMMUNITY COLLEGE 3 CENTRAL OREGON COMMUNITY COLLEGE 4 CHEMEKETA COMMUNITY COLLEGE 5 CLACKAMAS COMMUNITY COLLEGE 6 COLUMBIA GORGE COMMUNITY COLLEGE 7 GEORGE FOX UNIVERSITY 8 KLAMATH COMMUNITY COLLEGE DISTRICT 9 LANE COMMUNITY COLLEGE 10 LEWIS AND CLARK COLLEGE 11 LINFIELD COLLEGE 12 LINN-BENTON COMMUNITY COLLEGE 13 MARYLHURST UNIVERSITY 14 MT. HOOD COMMUNITY COLLEGE 15 MULTNOMAH BIBLE COLLEGE 16 NATIONAL COLLEGE OF NATURAL MEDICINE 17 NORTHWEST CHRISTIAN COLLEGE 18 OREGON HEALTH AND SCIENCE UNIVERSITY 19 OREGON UNIVERSITY SYSTEM 20 PACIFIC UNIVERSITY 21 PORTLAND COMMUNITY COLLEGE 22 PORTLAND STATE UNIV. 23 REED COLLEGE 24 ROGUE COMMUNITY COLLEGE 25 SOUTHWESTERN OREGON COMMUNITY COLLEGE 26 TILLAMOOK BAY COMMUNITY COLLEGE 27 UMPQUA COMMUNITY COLLEGE 28 WESTERN STATES CHIROPRACTIC COLLEGE 29 WILLAMETTE UNIVERSITY 1 ARGOSY UNIVERSITY 2 BRIGHAM YOUNG UNIVERSITY - HAWAII 3 COLLEGE OF THE MARSHALL ISLANDS 4 RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII 5 UNIVERSITY OF HAWAII AT MANOA No. K - 12 1 ARCHBISHOP FRANCIS NORBERT BLANCHET SCHOOL 2 BAKER COUNTY SCHOOL DIST. 16J - MALHEUR ESD 3 BAKER SCHOOL DISTRICT 5-J 4 BANDON SCHOOL DISTRICT 5 BANKS SCHOOL DISTRICT 6 BEAVERTON SCHOOL DISTRICT 7 BEND / LA PINE SCHOOL DISTRICT 8 BEND-LA PINE SCHOOL DISTRICT 9 BROOKING HARBOR SCHOOL DISTRICT NO.17-C 10 CANBY SCHOOL DISTRICT 11 CANYONVILLE CHRISTIAN ACADEMY 12 CASCADE SCHOOL DISTRICT 13 CASCADES ACADEMY OF CENTRAL OREGON 14 CENTENNIAL SCHOOL DISTRICT 15 CENTRAL CATHOLIC HIGH SCHOOL 16 CENTRAL POINT SCHOOL DISTRICT NO. 6 17 CENTRAL SCHOOL DISTRICT 13J 18 CLACKAMAS EDUCATION SERVICE DISTRICT 19 COOS BAY SCHOOL DISTRICT 20 COOS BAY SCHOOL DISTRICT NO.9 21 COQUILLE SCHOOL DISTRICT 8 22 COUNTY OF YAMHILL SCHOOL DISTRICT 29 23 CRESWELL SCHOOL DISTRICT 24 CROSSROADS CHRISTIAN SCHOOL 25 CULVER SCHOOL DISTRICT NO. 26 DALLAS SCHOOL DISTRICT NO. 2 27 DAVID DOUGLAS SCHOOL DISTRICT 28 DAYTON SCHOOL DISTRICT NO.8 29 DE LA SALLE N CATHOLIC HS 30 DESCHUTES COUNTY SD NO.6 - SISTERS SD 31 DOUGLAS COUNTY SCHOOL DISTRICT 116 32 DOUGLAS EDUCATION SERVICE DISTRICT 33 DUFUR SCHOOL DISTRICT NO.29 34 ELKTON SCHOOL DISTRICT NO.34 35 ESTACADA SCHOOL DISTRICT NO.108 36 FOREST GROVE SCHOOL DISTRICT 37 GASTON SCHOOL DISTRICT 511J 38 GEN CONF OF SDA CHURCH WESTERN OR 39 GLADSTONE SCHOOL DISTRICT 40 GLENDALE SCHOOL DISTRICT 41 GLIDE SCHOOL DISTRICT NO.12 42 GRANTS PASS SCHOOL DISTRICT 7 43 GREATER ALBANY PUBLIC SCHOOL DISTRICT 44 GRESHAM-BARLOW SCHOOL DISTRICT 45 HARNEY COUNTY SCHOOL DIST. NO.3 46 HARNEY EDUCATION SERVICE DISTRICT 47 HEAD START OF LANE COUNTY 48 HERITAGE CHRISTIAN SCHOOL 49 HIGH DESERT EDUCATION SERVICE DISTRICT 50 HOOD RIVER COUNTY SCHOOL DISTRICT 51 JACKSON CO SCHOOL DIST NO.9 52 JEFFERSON COUNTY SCHOOL DISTRICT 509-J 53 JEFFERSON SCHOOL DISTRICT 54 KLAMATH FALLS CITY SCHOOLS 55 LA GRANDE SCHOOL DISTRICT 56 LAKE OSWEGO SCHOOL DISTRICT 7J 57 LANE COUNTY SCHOOL DISTRICT 4J 58 LANE COUNTY SCHOOL DISTRICT 69 59 LEBANON COMMUNITY SCHOOLS NO.9 60 LINCOLN COUNTY SCHOOL DISTRICT 61 LINN CO. SCHOOL DIST. 95C - SCIO SD 100 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 47 62 LOST RIVER JR/SR HIGH SCHOOL 63 LOWELL SCHOOL DISTRICT NO.71 64 MARION COUNTY SCHOOL DISTRICT 103 - WASHINGTON ES 65 MCMINNVILLE SCHOOL DISTRICT NO.40 66 MEDFORD SCHOOL DISTRICT 549C 67 MITCH CHARTER SCHOOL 68 MOLALLA RIVER ACADEMY 69 MOLALLA RIVER SCHOOL DISTRICT NO.35 70 MONROE SCHOOL DISTRICT NO.1J 71 MORROW COUNTY SCHOOL DISTRICT 72 MT. ANGEL SCHOOL DISTRICT NO.91 73 MT.SCOTT LEARNING CENTERS 74 MULTISENSORY LEARNING ACADEMY 75 MULTNOMAH EDUCATION SERVICE DISTRICT 76 MYRTLE POINT SCHOOL DISTRICT NO.41 77 NEAH-KAH-NIE DISTRICT NO.56 78 NESTUCCA VALLEY SCHOOL DISTRICT NO.101 79 NOBEL LEARNING COMMUNITIES 80 NORTH BEND SCHOOL DISTRICT 13 81 NORTH CLACKAMAS SCHOOL DISTRICT 82 NORTH SANTIAM SCHOOL DISTRICT 29J 83 NORTH WASCO CTY SCHOOL DISTRICT 21 - CHENOWITH 84 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT 85 NYSSA SCHOOL DISTRICT NO. 26 86 ONTARIO MIDDLE SCHOOL 87 OREGON TRAIL SCHOOL DISTRICT NO.46 88 OUR LADY OF THE LAKE SCHOOL 89 PHILOMATH SCHOOL DISTRICT 90 PHOENIX-TALENT SCHOOL DISTRICT NO.4 91 PORTLAND ADVENTIST ACADEMY 92 PORTLAND JEWISH ACADEMY 93 PORTLAND PUBLIC SCHOOLS 94 RAINIER SCHOOL DISTRICT 95 REDMOND SCHOOL DISTRICT 96 REEDSPORT SCHOOL DISTRICT 97 REYNOLDS SCHOOL DISTRICT 98 ROGUE RIVER SCHOOL DISTRICT NO.35 99 ROSEBURG PUBLIC SCHOOLS 100 SALEM-KEIZER PUBLIC SCHOOLS 101 SCAPPOOSE SCHOOL DISTRICT 1J 102 SEASIDE SCHOOL DISTRICT 10 103 SEVEN PEAKS SCHOOL 104 SHERWOOD SCHOOL DISTRICT 88J 105 SILVER FALLS SCHOOL DISTRICT 106 SIUSLAW SCHOOL DISTRICT 107 SOUTH COAST EDUCATION SERVICE DISTRICT 108 SOUTH LANE SCHOOL DISTRICT 45J3 109 SOUTHERN OREGON EDUCATION SERVICE DISTRICT 110 SOUTHWEST CHARTER SCHOOL 111 SPRINGFIELD SCHOOL DISTRICT NO.19 112 STANFIELD SCHOOL DISTRICT 113 SWEET HOME SCHOOL DISTRICT NO.55 114 THE CATLIN GABEL SCHOOL 115 TIGARD-TUALATIN SCHOOL DISTRICT 116 UMATILLA-MORROW ESD 117 VERNONIA SCHOOL DISTRICT 47J 118 WEST HILLS COMMUNITY CHURCH 119 WEST LINN WILSONVILLE SCHOOL DISTRICT 120 WHITEAKER MONTESSORI SCHOOL 121 YONCALLA SCHOOL DISTRICT NO.32 1 CONGREGATION OF CHRISTIAN BROTHERS OF HAWAII, INC. 2 EMMANUAL LUTHERAN SCHOOL 3 HANAHAU`OLI SCHOOL 4 HAWAII TECHNOLOGY ACADEMY 5 ISLAND SCHOOL 6 KAMEHAMEHA SCHOOLS 7 KE KULA O S. M. KAMAKAU 8 MARYKNOLL SCHOOL 9 PACIFIC BUDDHIST ACADEMY No. Nonprofit & Other 1 211INFO 2 ACUMENTRA HEALTH 3 ADDICTIONS RECOVERY CENTER, INC 4 ALLFOURONE/CRESTVIEW CONFERENCE CTR. 5 ALVORD-TAYLOR INDEPENDENT LIVING SERVICES 6 ALZHEIMERS NETWORK OF OREGON 7 ASHLAND COMMUNITY HOSPITAL 8 ATHENA LIBRARY FRIENDS ASSOCIATION 9 BARLOW YOUTH FOOTBALL 10 BAY AREA FIRST STEP, INC. 11 BENTON HOSPICE SERVICE 12 BETHEL CHURCH OF GOD 13 BIRCH COMMUNITY SERVICES, INC. 14 BLACHLY LANE ELECTRIC COOPERATIVE 15 BLIND ENTERPRISES OF OREGON 16 BONNEVILLE ENVIRONMENTAL FOUNDATION 17 BOYS AND GIRLS CLUBS OF PORTLAND METROPOLITAN AREA 18 BROAD BASE PROGRAMS INC. 19 CANBY FOURSQUARE CHURCH 20 CANCER CARE RESOURCES 21 CASCADIA BEHAVIORAL HEALTHCARE 22 CASCADIA REGION GREEN BUILDING COUNCIL 23 CATHOLIC CHARITIES 24 CATHOLIC COMMUNITY SERVICES 25 CENTER FOR RESEARCH TO PRACTICE 26 CENTRAL BIBLE CHURCH 27 CENTRAL CITY CONCERN 28 CENTRAL DOUGLAS COUNTY FAMILY YMCA 29 CENTRAL OREGON COMMUNITY ACTION AGENCY NETWORK 30 CHILDPEACE MONTESSORI 31 CITY BIBLE CHURCH 32 CLACKAMAS RIVER WATER 33 CLASSROOM LAW PROJECT 34 COAST REHABILITATION SERVICES 35 COLLEGE HOUSING NORTHWEST 36 COLUMBIA COMMUNITY MENTAL HEALTH 37 COMMUNITY ACTION ORGANIZATION 38 COMMUNITY ACTION TEAM, INC. 39 COMMUNITY CANCER CENTER 40 COMMUNITY HEALTH CENTER, INC 41 COMMUNITY VETERINARY CENTER 42 CONFEDERATED TRIBES OF GRAND RONDE 43 CONSERVATION BIOLOGY INSTITUTE 44 CONTEMPORARY CRAFTS MUSEUM AND GALLERY 45 CORVALLIS MOUNTAIN RESCUE UNIT 46 COVENANT CHRISTIAN HOOD RIVER 47 COVENANT RETIREMENT COMMUNITIES 48 DECISION SCIENCE RESEARCH INSTITUTE, INC. 49 DELIGHT VALLEY CHURCH OF CHRIST 50 DOGS FOR THE DEAF, INC. 51 DOUGLAS ELECTRIC COOPERATIVE, INC. 52 EAST HILL CHURCH 53 EAST SIDE FOURSQUARE CHURCH 54 EAST WEST MINISTRIES INTERNATIONAL 55 EDUCATIONAL POLICY IMPROVEMENT CENTER 56 ELMIRA CHURCH OF CHRIST 57 EMERALD PUD 58 EMMAUS CHRISTIAN SCHOOL 59 EN AVANT, INC. 60 ENTERPRISE FOR EMPLOYMENT AND EDUCATION 61 EUGENE BALLET COMPANY 62 EUGENE SYMPHONY ASSOCIATION, INC. 63 EUGENE WATER & ELECTRIC BOARD 64 EVERGREEN AVIATION MUSEUM AND CAP. MICHAEL KING. 65 FAIR SHARE RESEARCH AND EDUCATION FUND 66 FAITH CENTER 101 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 48 67 FAITHFUL SAVIOR MINISTRIES 68 FAMILIES FIRST OF GRANT COUNTY, INC. 69 FANCONI ANEMIA RESEARCH FUND INC. 70 FARMWORKER HOUISNG DEV CORP 71 FIRST CHURCH OF THE NAZARENE 72 FIRST UNITARIAN CHURCH 73 FORD FAMILY FOUNDATION 74 FOUNDATIONS FOR A BETTER OREGON 75 FRIENDS OF THE CHILDREN 76 GATEWAY TO COLLEGE NATIONAL NETWORK 77 GOAL ONE COALITION 78 GOLD BEACH POLICE DEPARTMENT 79 GOOD SHEPHERD COMMUNITIES 80 GOODWILL INDUSTRIES OF LANE AND SOUTH COAST COUNTIES 81 GRANT PARK CHURCH 82 GRANTS PASS MANAGEMENT SERVICES, DBA 83 GREATER HILLSBORO AREA CHAMBER OF COMMERCE 84 HALFWAY HOUSE SERVICES, INC. 85 HEARING AND SPEECH INSTITUTE INC 86 HELP NOW! ADVOCACY CENTER 87 HIGHLAND HAVEN 88 HIGHLAND UNITED CHURCH OF CHRIST 89 HIV ALLIANCE, INC 90 HOUSING AUTHORITY OF LINCOLN COUNTY 91 HOUSING AUTHORITY OF PORTLAND 92 HOUSING NORTHWEST 93 INDEPENDENT INSURANCE AGENTS AND BROKERS OF OREGON 94 INTERNATIONAL SOCIETY FOR TECHNOLOGY IN EDUCATION 95 INTERNATIONAL SUSTAINABLE DEVELOPMENT FOUNDATION 96 IRCO 97 JASPER MOUNTAIN 98 JUNIOR ACHIEVEMENT 99 KLAMATH HOUSING AUTHORITY 100 LA CLINICA DEL CARINO FAMILY HEALTH CARE CENTER 101 LA GRANDE UNITED METHODIST CHURCH 102 LANE ELECTRIC COOPERATIVE 103 LANE MEMORIAL BLOOD BANK 104 LANECO FEDERAL CREDIT UNION 105 LAUREL HILL CENTER 106 LIFEWORKS NW 107 LIVING WAY FELLOWSHIP 108 LOAVES & FISHES CENTERS, INC. 109 LOCAL GOVERNMENT PERSONNEL INSTITUTE 110 LOOKING GLASS YOUTH AND FAMILY SERVICES 111 MACDONALD CENTER 112 MAKING MEMORIES BREAST CANCER FOUNDATION, INC. 113 METRO HOME SAFETY REPAIR PROGRAM 114 METROPOLITAN FAMILY SERVICE 115 MID COLUMBIA COUNCIL OF GOVERNMENTS 116 MID-COLUMBIA CENTER FOR LIVING 117 MID-WILLAMETTE VALLEY COMMUNITY ACTION AGENCY, INC 118 MORNING STAR MISSIONARY BAPTIST CHURCH 119 MORRISON CHILD AND FAMILY SERVICES 120 MOSAIC CHURCH 121 NATIONAL PSORIASIS FOUNDATION 122 NATIONAL WILD TURKEY FEDERATION 123 NEW AVENUES FOR YOUTH INC 124 NEW BEGINNINGS CHRISTIAN CENTER 125 NEW HOPE COMMUNITY CHURCH 126 NEWBERG FRIENDS CHURCH 127 NORTH BEND CITY- COOS/URRY HOUSING AUTHORITY 128 NORTHWEST FOOD PROCESSORS ASSOCIATION 129 NORTHWEST LINE JOINT APPRENTICESHIP & TRAINING COMMITTEE 130 NORTHWEST REGIONAL EDUCATIONAL LABORATORY 131 NORTHWEST YOUTH CORPS 132 OCHIN 133 OHSU FOUNDATION 134 OLIVET BAPTIST CHURCH 135 OMNIMEDIX INSTITUTE 136 OPEN MEADOW ALTERNATIVE SCHOOLS, INC. 137 OREGON BALLET THEATRE 138 OREGON CITY CHURCH OF THE NAZARENE 139 OREGON COAST COMMUNITY ACTION 140 OREGON DEATH WITH DIGNITY 141 OREGON DONOR PROGRAM 142 OREGON EDUCATION ASSOCIATION 143 OREGON ENVIRONMENTAL COUNCIL 144 OREGON MUSUEM OF SCIENCE AND INDUSTRY 145 OREGON PROGRESS FORUM 146 OREGON REPERTORY SINGERS 147 OREGON STATE UNIVERSITY ALUMNI ASSOCIATION 148 OREGON SUPPORTED LIVING PROGRAM 149 OSLC COMMUNITY PROGRAMS 150 OUTSIDE IN 151 OUTSIDE IN 152 PACIFIC CASCADE FEDERAL CREDIT UNION 153 PACIFIC FISHERY MANAGEMENT COUNCIL 154 PACIFIC INSTITUTES FOR RESEARCH 155 PACIFIC STATES MARINE FISHERIES COMMISSION 156 PARALYZED VETERANS OF AMERICA 157 PARTNERSHIPS IN COMMUNITY LIVING, INC. 158 PENDLETON ACADEMIES 159 PENTAGON FEDERAL CREDIT UNION 160 PLANNED PARENTHOOD OF SOUTHWESTERN OREGON 161 PORT CITY DEVELOPMENT CENTER 162 PORTLAND ART MUSEUM 163 PORTLAND BUSINESS ALLIANCE 164 PORTLAND HABILITATION CENTER, INC. 165 PORTLAND SCHOOLS FOUNDATION 166 PORTLAND WOMENS CRISIS LINE 167 PREGNANCY RESOUCE CENTERS OF GRETER PORTLAND 168 PRINGLE CREEK SUSTAINABLE LIVING CENTER 169 PUBLIC DEFENDER SERVICES OF LANE COUNTY, INC. 170 QUADRIPLEGICS UNITED AGAINST DEPENDENCY, INC. 171 REBUILDING TOGETHER - PORTLAND INC. 172 REGIONAL ARTS AND CULTURE COUNCIL 173 RELEVANT LIFE CHURCH 174 RENEWABLE NORTHWEST PROJECT 175 ROGUE FEDERAL CREDIT UNION 176 ROSE VILLA, INC. 177 SACRED HEART CATHOLIC DAUGHTERS 178 SAIF CORPORATION 179 SAINT ANDREW NATIVITY SCHOOL 180 SAINT CATHERINE OF SIENA CHURCH 181 SAINT JAMES CATHOLIC CHURCH 182 SALEM ALLIANCE CHURCH 183 SALEM ELECTRIC 184 SALMON-SAFE INC. 185 SCIENCEWORKS 186 SE WORKS 187 SECURITY FIRST CHILD DEVELOPMENT CENTER 188 SELF ENHANCEMENT INC. 189 SERENITY LANE 190 SEXUAL ASSAULT RESOURCE CENTER 191 SEXUAL ASSAULT RESOURCE CENTER 192 SHELTERCARE 193 SHERIDAN JAPANESE SCHOOL FOUNDATION 194 SHERMAN DEVELOPMENT LEAGUE, INC. 195 SILVERTON AREA COMMUNITY AID 196 SISKIYOU INITIATIVE 197 SMART 198 SOCIAL VENTURE PARTNERS PORTLAND 199 SOUTH COAST HOSPICE, INC. 200 SOUTH LANE FAMILY NURSERY DBA FAMILY RELIEF NURSE 201 SOUTHERN OREGON CHILD AND FAMILY COUNCIL, INC. 202 SOUTHERN OREGON HUMANE SOCIETY 102 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 49 203 SPARC ENTERPRISES 204 SPIRIT WIRELESS 205 SPONSORS, INC. 206 SPOTLIGHT THEATRE OF PLEASANT HILL 207 SPRINGFIELD UTILITY BOARD 208 ST VINCENT DE PAUL 209 ST. ANTHONY CHURCH 210 ST. ANTHONY SCHOOL 211 ST. MARYS OF MEDFORD, INC. 212 ST. VINCENT DEPAUL OF LANE COUNTY 213 STAND FOR CHILDREN 214 STAR OF HOPE ACTIVITY CENTER INC. 215 SUMMIT VIEW COVENANT CHURCH 216 SUNNYSIDE FOURSQUARE CHURCH 217 SUNRISE ENTERPRISES 218 SUSTAINABLE NORTHWEST 219 TENAS ILLAHEE CHILDCARE CENTER 220 THE EARLY EDUCATION PROGRAM, INC. 221 THE NATIONAL ASSOCIATION OF CREDIT MANAGEMENT-OREGON, INC. 222 THE NEXT DOOR 223 THE OREGON COMMUNITY FOUNDATION 224 THE SALVATION ARMY - CASCADE DIVISION 225 TILLAMOOK CNTY WOMENS CRISIS CENTER 226 TILLAMOOK ESTUARIES PARTNERSHIP 227 TOUCHSTONE PARENT ORGANIZATION 228 TRAILS CLUB 229 TRAINING EMPLOYMENT CONSORTIUM 230 TRI-COUNTY HEALTH CARE SAFETY NET ENTERPRISE 231 TRILLIUM FAMILY SERVICES, INC. 232 UMPQUA COMMUNITY DEVELOPMENT CORPORATION 233 UNION GOSPEL MISSION 234 UNITED CEREBRAL PALSY OF OR AND SW WA 235 UNITED WAY OF THE COLUMBIA WILLAMETTE 236 US CONFERENCE OF MENONNITE BRETHREN CHURCHES 237 US FISH AND WILDLIFE SERVICE 238 USAGENCIES CREDIT UNION 239 VERMONT HILLS FAMILY LIFE CENTER 240 VIRGINIA GARCIA MEMORIAL HEALTH CENTER 241 VOLUNTEERS OF AMERICA OREGON 242 WE CARE OREGON 243 WESTERN RIVERS CONSERVANCY 244 WESTERN STATES CENTER 245 WESTSIDE BAPTIST CHURCH 246 WILD SALMON CENTER 247 WILLAMETTE FAMILY 248 WILLAMETTE VIEW INC. 249 WOODBURN AREA CHAMBER OF COMMERCE 250 WORD OF LIFE COMMUNITY CHURCH 251 WORKSYSTEMS INC 252 YOUTH GUIDANCE ASSOC. 253 YWCA SALEM 1 ALOCHOLIC REHABILITATION SVS OF HI INC DBA HINA MAUKA 2 ALOHACARE 3 AMERICAN LUNG ASSOCIATION 4 BISHOP MUSEUM 5 BUILDING INDUSTRY ASSOCIATION OF HAWAII 6 CTR FOR CULTURAL AND TECH INTERCHNG BETW EAST AND WEST 7 EAH, INC. 8 EASTER SEALS HAWAII 9 GOODWILL INDUSTRIES OF HAWAII, INC. 10 HABITAT FOR HUMANITY MAUI 11 HALE MAHAOLU 12 HAROLD K.L. CASTLE FOUNDATION 13 HAWAII AGRICULTURE RESEARCH CENTER 14 HAWAII EMPLOYERS COUNCIL 15 HAWAII FAMILY LAW CLINIC DBA ALA KUOLA 16 HONOLULU HABITAT FOR HUMANITY 17 IUPAT, DISTRICT COUNCIL 50 18 LANAKILA REHABILITATION CENTER INC. 19 LEEWARD HABITAT FOR HUMANITY 20 MAUI COUNTY FCU 21 MAUI ECONOMIC DEVELOPMENT BOARD 22 MAUI ECONOMIC OPPORTUNITY, INC. 23 MAUI FAMILY YMCA 24 NA HALE O MAUI 25 NA LEI ALOHA FOUNDATION 26 NETWORK ENTERPRISES, INC. 27 ORI ANUENUE HALE, INC. 28 PARTNERS IN DEVELOPMENT FOUNDATION 29 POLYNESIAN CULTURAL CENTER 30 PUNAHOU SCHOOL 31 ST. THERESA CHURCH 32 WAIANAE COMMUNITY OUTREACH 33 WAILUKU FEDERAL CREDIT UNION 34 YMCA OF HONOLULU No. Special/Independent Districts 1 BAY AREA HOSPITAL DISTRICT 2 CENTRAL OREGON INTERGOVERNMENTAL COUNCIL 3 CENTRAL OREGON IRRIGATION DISTRICT 4 CHEHALEM PARK AND RECREATION DISTRICT 5 CITY COUNTY INSURANCE SERVICES 6 CLEAN WATER SERVICES 7 COLUMBIA 911 COMMUNICATIONS DISTRICT 8 COLUMBIA RIVER PUD 9 DESCHUTES COUNTY RFPD NO.2 10 DESCHUTES PUBLIC LIBRARY SYSTEM 11 EAST MULTNOMAH SOIL AND WATER CONSERVANCY 12 GASTON RURAL FIRE DEPARTMENT 13 GLADSTONE POLICE DEPARTMENT 14 GLENDALE RURAL FIRE DISTRICT 15 HOODLAND FIRE DISTRICT NO.74 16 HOODLAND FIRE DISTRICT #74 17 HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY 18 KLAMATH COUNTY 9-1-1 19 LANE EDUCATION SERVICE DISTRICT 20 LANE TRANSIT DISTRICT 21 MALIN COMMUNITY PARK AND RECREATION DISTRICT 22 MARION COUNTY FIRE DISTRCT #1 23 METRO 24 METROPOLITAN EXPOSITION-RECREATION COMMISSION 25 MONMOUTH - INDEPENDENCE NETWORK 26 MULTONAH COUNTY DRAINAGE DISTRICT #1 27 NEAH KAH NIE WATER DISTRICT 28 NW POWER POOL 29 OAK LODGE WATER DISTRICT 30 OR INT'L PORT OF COOS BAY 31 PORT OF ST HELENS 32 PORT OF UMPQUA 33 REGIONAL AUTOMATED INFORMATION NETWORK 34 RIVERGROVE WATER DISTRICT 35 SALEM AREA MASS TRANSIT DISTRICT 36 SANDY FIRE DISTRICT NO. 72 37 SUNSET EMPIRE PARK AND RECREATION 38 THE NEWPORT PARK AND RECREATION CENTER 39 THE PORT OF PORTLAND 40 TILLAMOOK PEOPLES UTILITY DISTRICT 41 TUALATIN HILLS PARK AND RECREATION DISTRICT 42 TUALATIN VALLEY FIRE & RESCUE 43 TUALATIN VALLEY WATER DISTRICT 44 UNION SOIL & WATER CONSERVATION DISTRICT 45 WEST MULTNOMAH SOIL AND WATER CONSERVATION DISTRICT 46 WEST VALLEY HOUSING AUTHORITY 47 WILLAMALANE PARK AND RECREATION DISTRICT 48 YOUNGS RIVER LEWIS AND CLARK WATER DISTRICT No. State Agencies 103 RFP 02-18, IT Security and Data Protection Solutions March 20, 2018 50 1 BOARD OF MEDICAL EXAMINERS 2 OFFICE OF MEDICAL ASSISTANCE PROGRAMS 3 OFFICE OF THE STATE TREASURER 4 OREGON BOARD OF ARCHITECTS 5 OREGON CHILD DEVELOPMENT COALITION 6 OREGON DEPARTMENT OF EDUCATION 7 OREGON DEPARTMENT OF FORESTRY 8 OREGON DEPT OF TRANSPORTATION 9 OREGON DEPT. OF EDUCATION 10 OREGON LOTTERY 11 OREGON OFFICE OF ENERGY 12 OREGON STATE BOARD OF NURSING 13 OREGON STATE POLICE 14 OREGON TOURISM COMMISSION 15 OREGON TRAVEL INFORMATION COUNCIL 16 SANTIAM CANYON COMMUNICATION CENTER 17 SEIU LOCAL 503, OPEU 1 ADMIN. SERVICES OFFICE 2 HAWAII CHILD SUPPORT ENFORCEMENT AGENCY 3 HAWAII HEALTH SYSTEMS CORPORATION 4 SOH- JUDICIARY CONTRACTS AND PURCH 5 STATE DEPARTMENT OF DEFENSE 6 STATE OF HAWAII 7 STATE OF HAWAII 8 STATE OF HAWAII, DEPT. OF EDUCATION 104 April 2, 2018 April 2, 2018 01-77 105 RFP 02-18, IT Security and Data Protection Solutions Tab 2 -NCPA Administration Agreement This Administration Agreement is made as of __________ ~ by and between National Cooperative Purchasing Alliance ("NCPA") and Fortinet, Inc. ("Vendor"). Recitals WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated _______ ~ referenced as Contract Number _______ ~ by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the "Master Agreement''), for the purchase of IT Security and Data Protection Solutions; WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as "public agency" or collectively, "public agencies") may purchase products and services at the prices indicated in the Master Agreement; WHEREAS, NCPA has the administrative and lega l capacity to administer purchases under the Master Agreement to public agencies; WHEREAS , NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA WHEREAS, Region 14 ESC desires NCPA to proceed with administration of the Master Agreement; WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis; NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and "'.'endor hereby agree as follows: ♦ General Terms and Conditions March 20, 2018 ► The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. ► NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor's obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC. ► Vendor shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. N CPA shall perform all of its duties, responsibiUties, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that N CPA shall act in the capacity of administrator of purchases under the Master Agreement. ► Wi th respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Region 14 ESC, any Public Agency or any employee of Region 14 ES C or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and ( c) shall not be 11 106 RFP 02-18, IT Security and Data Protection Solutions obligated, liable or responsible for any failure by the Pub1ic Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization a nd approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement. ► The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e . invoice requirements, ordering requirements, speci alize d delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement. ♦ Term of Agreement ► This Agreement shall be in effect so long as the Master Agreement remains in effect, provided, however, that the obligation to pay.all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement. ♦ Fees and Reporting ► The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at reporting@ncpa.us. Reports are due on the fifteenth (15 th) day after the close of the previous month or quarter. It is the responsibility of the awarded vendor to coll e ct and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below: Entity Name Zip Code State PO or Job# Sale Amount March 20, 2018 Total ► Each quarter NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA an administrative fee based upon the tiered fee schedule below. Vendor's annual sales shall be measured on a calendar year basis . Deadline for term of payment will be included in the invoi ce NCPA provides. Annual Sales Through Contract Administrative Fee 0 -$30,000,000 2% $30,000,001 -$50,000,000 1.5% $50,000,001 + 1% 12 108 Region XIV Education Service Center Monday, April 2nd , 2018 Fortinet, Inc. ATTN: John Whittle 899 Kifer Road Sunnyvale, CA 94086 Dear John: 1850 Highway 351 Abilene, TX 79601-4750 325 -675-8600 FAX 325-675-8659 Region XIV Education Service Center is happy to announce that Fortinet, Inc. has been awarded a NCPA contract for IT Security and Data Protection Solutions based on the proposal submitted to Region XIV ESC. The contract is effective immediately and will expire on April 30th , 2021. The contract can then be renewed annually for an additional two years, if mutually agreed on by Region XIV ESC and Fortinet, Inc. We look forward to a long and successful partnership underneath this contract. If you have any questions or concerns, feel free to contact me at 325-675-8600. Sincerely, 1/ r _/ ~~~ Ronnie Kincaid Region XIV, Executive Director 109 Region XIV Education Service Center Monday, January 3rd, 2022 Fortinet, Inc. ATTN: John Whittle 899 Kifer Road Sunnyvale, CA 94086 Re: Annual Renewal ofNCPA contract #01-77 Dear John: 1850 Highway 351 Abilene, TX 79601-4750 325-675-8600 FAX 325-675-8659 Region XIV Education Service Center is happy to announce that Fortinet, Inc. has been awarded an annual contract renewal for IT Security and Data Protection based on the proposal submitted to Region XIV ESC. The contract will expire on April 30th, 2023, completing the fifth year of a possible five-year term. If your company is not in agreement, please contact me immediately. If you have any questions or concerns, feel free to contact me at 325-675-8600. Sincerely, ~ Shane Fields Region XIV, Executive Director 4D ❚TUESDAY, FEBRUARY 20, 2018 ❚USA TODAY SPORTS To place your Public Notice in our Classified section, call: 1-800-397-0070 PUBLIC NOTICE To advertise, call:1-800-397-0070 Custom Made Table Pads & Linen $69 Blowout Sale Compare to $200! Limited Time Offer! 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Call the Fast Cash Hotline: 800-376-1308 (24hrs) Homeowners Cash Out Refinance You can now consolidate your monthly bills into one low monthly payment. Pay off high interest credit cards, auto loans, student loans or get cash out for any reason. Get approved for $75,000 or more in just 60 seconds! LendGenuity a dba of ResMac, Inc is a licensed Mortgage Lender, NMLS #153098. For licensing information visit www.nmlsconsumeraccess.org. Subject to Credit Approval. Not available in all states. New Tax Laws! Pay Lower Taxes! *Guaranteed if you qualify Owe 10k+ to the IRS? Got Unfiled Returns? Call The Tax Doctor 800-847-9607 Airline Tickets Deep Discounts Domestic – International – First Class Save up to 75% off Retail Prices Call 24/7 and Save 800-448-0828 TRAVEL AIRLINE TICKETS DROWNING IN CREDIT CARD DEBT? Struggling to make minimum payments Owe $10,000 or more? Call for our debt reset program! CALL TODAY: 800-478-7009 BOOKS/PUBLICATIONS STUDY THE BIBLE For FREE 8-lesson course Church of Christ, Box 8453, Falls Church, VA 22041 888-949-2176 www.gracewords.org PUBLIC NOTICES PUBLIC NOTICESNOTICES Notice to Bidders Region 14 ESC (the “Lead Agency”), on behalf of National Cooperative Purchasing Alliance (NCPA) and public agencies in all 50 states, that elect to access the Master Agreement is soliciting proposals to enter into Master Agreements for: • Alternative Procurement Delivery Methods for General Contracting Services #05-18 • Documents and Records Management #01-18 • Integrated Cloud Payroll, Human Resource, Time & Labor Management, and Employee Scheduling Technology Solutions and Service Support #09-18 • IT Security and Data Protection Solutions #02-18 • Parking Products and Services #04-18 • Plumbing Equipment, Installation, Service, & Related Products #03-18 • Scoreboards and Electronic Signage, Supplemental #07-18 • Security Systems, High Tech Electronics, & Digital Media #10-18 • STEM Project Based Learning Resources and Instruction #08-18 • Strategic Management Consulting Services #06-18 Due Tuesday, March 20, 2018 at 2:00 pm CST Sealed responses are due and will be publicly opened in the Region 14 ESC offices located at 1850 Highway 351, Abilene, TX 79601. To request a copy of specifications, please visit NCPA’s website www.ncpa.us. MiCTA, a national purchasing cooperative seeks qualified vendors to provide Emergency Notification Systems at volume discounts for its national membership. MiCTA has issued a Request for Proposals for this service. Please visit: http://www.mictatech.org for more information or email rfp@mictatech.org. Hearing Aids on Sale! Just $299 Each! *45 Day Risk Free Trial Direct Prices From The Manufacturer Save Hundreds of $$$ 800-654-9116 WINTER OLYMPICS PYEONGCHANG, South Korea – Olympic Games volunteers had a host of gripes, ranging from lousy food to over- crowded accommodations. So they did what many of their fellow countrymen do: They went to the presi- dent. Petitioning the president has become extremely popular. Last year President Moon Jae-in opened the ffoodgates by promising the presidential website would become a national bulletin board for citizens who want to be heard. More than 50,000 petitions have been filed, ranging from a plea to ban eating dog meat to urging the Blue House to publicly sell commemorative presidential watches. Some have only a few signatures, but others have thou- sands. The issue of volunteers is an impor- tant one for Moon, whose political ca- reer rides at least partly on the success of the Olympics. “The Blue House is ... very interested in the operation of the Games so they have also received some letters” of com- plaints, said Nancy Park, the Olympic organizing committee spokeswoman. Blue House is the presidential palace. About 14,000 volunteers are working at the Winter Games. They are impos- sible to miss, with their red and gray uniforms and irrepressible cheeriness. Leaving a freestyle skiing event this past weekend, dozens of young volun- teers lined the path to smile and wave goodbye to spectators even though it was late and the temperature was drop- ping. “They are the face of the games,” Park said. “They’re very important to us.” They levied a slew of complaints in the days leading up to the Games. Vol- unteers said they were stranded at ven- ues because of a lack of buses. Many also said they had to stand in subfreez- ing weather without properly heated cabins to escape the cold during breaks. They get free housing, but in the early days many volunteers complained of overcrowding and apartments with leaky pipes and other problems. They also complained of lousy food. The Pyeongchang Organizing Com- mittee said only 141 volunteers left be- cause of the problems and said the bulk of problems have been resolved. “We’ve been doing what we can to address the needs of the volunteers, making sure that they’re taken care of,” Park said. It seems to be working. Complaints from volunteers on social media have dwindled in recent days. Petitions are part of the popular pro- test culture here. Massive protests led to the impeachment of Park Geun-hye, Moon’s predecessor. South Korea’s post World War II his- tory has been marked by turmoil and episodes of military rule, but it has emerged as a vibrant democracy. Politicians have learned to listen to the voice of the people. Contributing: Thomas Maresca in Seoul President listening to will of volunteers Complaints down from Games’ start Jim Michaels USA TODAY Volunteers enjoy themselves after the women’s giant slalom was postponed because of strong winds last week. ALEXANDER HASSENSTEIN/GETTY IMAGES PYEONGCHANG, South Korea – Lindsey Vonn has the spotlight all to herself. Rather than a showdown with young American teammate Mikaela Shiflrin, the women’s downhill is now all about the Speed Queen and her pursuit of an- other gold in her signature event. The spotlight will be squarely on Vonn on Wednesday, regardless of where she fin- ishes. “I’ve tried not to think about it as be- ing my last Olympic downhill and just focus on the moment, the right here and the right now,” Vonn said Monday. It’s that here and now that had made the prospect of Vonn and Shiflrin in the downhill so intriguing. Vonn is the greatest female ski racer of all time, and it won’t be long before the modifier becomes irrelevant. With 81 World Cup victories, she needs six more to surpass Swedish male Ingemar Stenmark’s record. And Shiflrin might one day pass them both. A month shy of her 23rd birthday, Shiflrin has 41 World Cup wins. But most of those have been in the tech events, meaning she and Vonn rarely crossed paths on the World Cup circuit. That changed this season, as Shiflrin began adding speed events to her schedule. She got her first career downhill win this season — at Lake Louise, of all places, which has been dubbed “Lake Lindsey” for all of Vonn’s success there — and last month shared a podium with Vonn in Cortina, Italy. With Shiflrin hoping to do all five events in Pyeongchang, the idea of see- ing her and Vonn, 33, go head-to-head with Olympic gold on the line was one of the most tantalizing story lines of the Games. But the fireworks keep fizzling. First was Saturday’s super-G, which Shiflrin dropped after racing the giant slalom and slalom the two previous days. (And taking gold in the GS, for those keeping track.) Now it’s the down- hill, which Shiflrin is skipping to focus on the Alpine combined that was moved from Friday to Thursday. There’s still the combined, where both are expected to be in the medals hunt. But that’s not quite the same as the downhill, the premier ski race in the Olympics. What could be better than seeing a torch passed at 90 mph? Then again, it feels right that Vonn gets the spotlight to herself in the race that’s defined her. For all that she’s achieved, Vonn’s luck at the Olympics has been stunning- ly bad. She was eighth in the downhill in Torino, two days after she had to be air- lifted to a hospital following a scary crash in training. She missed Sochi after reinjuring her knee about six weeks be- fore the Games. Even in Vancouver, where she won gold in the downhill and bronze in the super-G, she was skiing with a badly bruised shin. With one last chance to have the Olympics she wants, Vonn has poured every bit of herself into these Games. The death of her beloved grandfather, Don Kildow, on Nov. 1 only hardened her resolve. “This time I have a more important mission; win for my late Grandpa,” Vonn said in an Instagram post the night before the super-G. “He will be watching from the best seat in the house, hopefully looking out for me and guiding me down the mountain.” Vonn didn’t win the super-G, tying for sixth after making a mistake in the last turn. But she was upbeat after- ward, knowing her best race was still in front of her. “In general, this season, I feel like I’ve been much better in downhill than super-G,” Vonn said Saturday. “And this hill, it suits me really well for downhill.” She’s backed that up. She had the fastest time in Sunday’s training run. Despite backing ofl a bit Monday, she still finished third, 0.35 seconds be- hind Austria’s Stephanie Venier. “I’m not looking to do anything spe- cial here in the training runs,” Vonn said Monday. “I just want to get a feel- ing for the line. I’m trying some difler- ent skis every day to seeing what’s running. But, in general, I’m really happy.” It is only a matter of days before Vonn’s Olympic career is over, and she can see the finish line ahead. But as she’s done for the better part of two decades, she will not let up until she’s crossed it, pushing hard until the very end. “You can’t get too sentimental right now because I still have to race, I still have to be focused,” she said. “After- wards I’ll do some reffecting.” And savor that one last race that be- longed all to her. No showdown for Vonn, just spotlight Greatest women’s skier all in at these Games Nancy Armour USA TODAY Lindsey Vonn says she plans to compete in the downhill and the combined, which will be held on back-to-back days. MICHAEL MADRID/USA TODAY SPORTS PYEONGCHANG, South Korea – Lindsey Vonn, the target of hateful comments on social media, said she has no plans to change her social media strategy and disengage. “No, that’s what bullies want you to do,” Vonn said Monday after her train- ing run at the downhill course. “They want to defeat you. I’m not defeated. I stand by my values, and I’m not going to back down. “I may not be as vocal right now with my opinions, but that doesn’t mean they’ve won. I haven’t changed my mind.” Vonn, the American ski racing star, came under harsh attack on Twitter af- ter her sixth-place finish in the su- per-G Saturday; many of the com- ments referred to Vonn’s criticism of President Trump. Before the Olympics, Vonn said she would not visit the White House if in- vited. In December she told CNN, “I want to represent our country well. I don’t think that there are a lot of peo- ple currently in our government that do that.’’ On Monday, Vonn sighed while say- ing, “I always try to remember that it’s people talking behind a computer and they’re going to say anything. The most important thing is that I’m hav- ing a good time. “I’m enjoying being at the Olym- pics. My family’s here. They love me, and of course there’s going to be peo- ple that hate me and hope I ski ofl a clifl and die. But that’s fine. I’m not go- ing to do that. “I just take it for what it is. At some point you have to laugh and say this is just completely ridiculous.” Vonn is scheduled to race in the women’s downhill Wednesday and the combined Thursday. Vonn ignores social bullies Josh Peter USA TODAY 110 LIFE USA TODAY ❚TUESDAY, FEBRUARY 27, 2018 ❚5D America, it gets lost in a sea of unlikable characters and predictable plot lines. Seconds covers the aftermath of a hit- and-run accident (which lasts about seven seconds) in which an ofi-duty white cop in Jersey City, Peter Jablonski (Beau Knapp), strikes a black, bike- riding teenager in a park. Instead of re- porting the accident, Jablonski calls friends on the force, who help him cover up the crime and leave the teen bleeding in the snow. He dies in the hospital, mourned by his mother, Latrice (an un- derused Regina King), and father, Isaiah (Russell Hornsby). The detective on the case, Joe “Fish’ Rinaldi (Michael Mos- ley), is eager to write it ofi, insisting the victim is “just a (gang) banger.” But K.J. suspects there’s something more. The series is populated with stock characters and situations. The cops who help Jablonski are mostly corrupt white Italian-Americans with thick Jersey ac- cents. Latrice and Isaiah are lower-mid- dle-class churchgoers with roots in the projects. The cops are sexist and make derogatory comments about K.J., even when she’s in the room. Seconds spends so much time trying to create moral gray areas for its charac- ters that it ends up painting them all with the same brush. Jablonski is remorseful for what he’s done, but he’s angry and borderline abusive to his wife and rela- tives. K.J. is the only crusader for justice, but she’s a (barely) functioning alcoholic who drops the ball on other cases. If Seconds has a true villain, it’s the system. The series does make its point: that nothing is fair and the institutions designed to protect us are broken, even if it does so with a heavy hand. It’s hard not to be reminded of ABC’s superior American Crime, which more deftly handled complex social issues and told a better story in the process. If only there were a little more depth behind those Seven Seconds. TELEVISION Netflix’s ‘Seven Seconds’ is chilling but predictable Kelly Lawler Columnist USA TODAY Seven Seconds is enough time to change lives, or end them. That’s the story behind the title of Netflix’s latest crime drama (streaming now, eeEE), the ffrst season of a planned anthology from The Killing creator Veena Sud. Like AMC’s The Killing, Seconds is focused on one crime and its ripple ef- fects, and its protagonist is a driven female investigator, this time an assis- tant prosecutor named K.J. Harper (Clare-Hope Ashitey). But Seven Sec- onds has neither the addictive quality nor the gravity of Sud’s former drama. And while it tries to make big state- ments about police and race relations in Jablonski (Beau Knapp) looks for cover from DiAngelo (David Lyons). NETFLIX Reach millions when you place your ad in USA TODAY! Call: 800-397-0070 Visit us online at: usatoday.com SET YOUR APART. 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I Reg i ster I Find a Vendor I Current Solici tations I FAQ I Contact I Facebook I Tw itter I Linked l n ©2018 NCPA ATTACHMENT B CONTRACT FOR IT SECURITY AND DATA PROTECTION SOLUTIONS COMPUQUIP PRICE & QUOTATION CONTRACT NO. 01-07 113 Compuquip Cybersecurity 9737 NW 41 Street, Suite 786 Doral, FL 33178 US Phone: (786) 641-5437 Fax: (786) 513-4633 Quotation Quote #:Q-09109-1 Quote Date:2/25/2022 Expires On:4/29/2022 Luis Santiago (954) 520-6487 lsantiago@compuquip.com Send PO to: order@compuquip.com Ship To City of South Miami 6130 Sunset Drive South Miami, FL 33143 United States Bill To City of South Miami 6130 Sunset Drive South Miami, FL 33143 United States Fortinet NCPA Contract #01-77 Section 1 - Fortinet FortiGate-401Es - 3 years QTY PART #DESCRIPTION UNIT PRICE EXTENDED 2 FG-401E-BDL-950-36 401E Hardware plus 3 years 24x7 FortiCare and FortiGuard Unified (UTM) Protection $18,420.38 $36,840.76 3 FG-61F-BDL-950-36 FortiGate-61F Hardware plus 3 years 24x7 FortiCare and FortiGuard Unified (UTM) Protection $2,177.35 $6,532.05 1 FAZ-VM-GB5 Upgrade license for adding 5 GB/Day of Logs and 3 TB storage capacity.$1,940.63 $1,940.63 1 FC1-10-LV0VM-248-02-36 FortiAnalyzer-VM Support 3 Year 24x7 FortiCare Contract (for 1-6 GB/Day of Logs)$2,130.38 $2,130.38 3 FP-10-PS001-801-01-01 Per Day Charge for Remote Resource Service (FortiCare Contract)$2,933.33 $8,799.99 1 FP-PS001-AH Per Day Surcharge for Service Delivered After-Hours/ Weekend in addition to the Daily Charge $586.67 $586.67 Section 1 - Fortinet FortiGate-401Es - 3 years TOTAL:$56,830.48 TOTAL: $56,830.48 Fortinet NCPA Contract #01-77 Signature: Effective Date: ______/______/______ Name (Print): Title: THANK YOU FOR YOUR BUSINESS! Page 1 of 1 114 Compuquip Cybersecurity 9737 NW 41 Street, Suite 786 Doral, FL 33178 US Phone: (786) 641-5437 Fax: (786) 513-4633 Quotation Quote #:Q-09109-1 Quote Date:2/25/2022 Expires On:4/29/2022 Luis Santiago (954) 520-6487 lsantiago@compuquip.com Send PO to: order@compuquip.com Ship To City of South Miami 6130 Sunset Drive South Miami, FL 33143 United States Bill To City of South Miami 6130 Sunset Drive South Miami, FL 33143 United States Fortinet NCPA Contract #01-77 Section 1 - Fortinet FortiGate-401Es - 3 years QTY PART #DESCRIPTION UNIT PRICE EXTENDED 2 FG-401E-BDL-950-36 401E Hardware plus 3 years 24x7 FortiCare and FortiGuard Unified (UTM) Protection $18,420.38 $36,840.76 3 FG-61F-BDL-950-36 FortiGate-61F Hardware plus 3 years 24x7 FortiCare and FortiGuard Unified (UTM) Protection $2,177.35 $6,532.05 1 FAZ-VM-GB5 Upgrade license for adding 5 GB/Day of Logs and 3 TB storage capacity.$1,940.63 $1,940.63 1 FC1-10-LV0VM-248-02-36 FortiAnalyzer-VM Support 3 Year 24x7 FortiCare Contract (for 1-6 GB/Day of Logs)$2,130.38 $2,130.38 3 FP-10-PS001-801-01-01 Per Day Charge for Remote Resource Service (FortiCare Contract)$2,933.33 $8,799.99 1 FP-PS001-AH Per Day Surcharge for Service Delivered After-Hours/ Weekend in addition to the Daily Charge $586.67 $586.67 Section 1 - Fortinet FortiGate-401Es - 3 years TOTAL:$56,830.48 TOTAL: $56,830.48 Fortinet NCPA Contract #01-77 Signature: Effective Date: ______/______/______ Name (Print): Title: THANK YOU FOR YOUR BUSINESS! 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(NGFW) §Reduce the complexity and maximize your ROI by integrating threat protection security capabilities into a single high-performance network security appliance, powered by Fortinet’s Security Processing Unit (SPU) §Full visibility into users, devices, and applications across the entire attack surface, and consistent security policy enforcement irrespective of asset location §Protect against network exploitable vulnerabilities with industry-validated IPS that offers low latency and optimized network performance §Automatically block threats on decrypted traffic using the industry’s highest SSL inspection performance, including the latest TLS 1.3 standard with mandated ciphers §Proactively block newly discovered sophisticated attacks in real-time with AI-powered FortiGuard Labs and advanced threat protection services included in the Fortinet Security Fabric Campus Deployment (NGFW) FortiAP Secure Access Point FortiSandbox Advanced Threat Protection FortiClient Endpoint Protection FortiGate NGFW FortiSwitch Switching FortiAnalyzer Analytics-powered Security & Log Management FortiManager Automation-Driven Network Management CAMPUS Secure Web Gateway (SWG) §Secure web access from both internal and external risks, even for encrypted traffic at high performance §Enhanced user experience with dynamic web and video caching §Block and control web access based on user or user groups across URLs and domains §Prevent data loss and discover user activity to known and unknown cloud applications §Block DNS requests against malicious domains §Multi-layered advanced protection against zero-day malware threats delivered over the web Secure SD-WAN §Consistent business application performance with accurate detection, dynamic WAN path steering on any best-performing WAN transport §Accelerated multi-cloud access for faster SaaS adoption with cloud-on-ramp §Self-healing networks with WAN edge high availability, sub-second traffic switchover-based and real-time bandwidth compute-based traffic steering §Automated overlay tunnels provides encryption and abstracts physical hybrid WAN making it simple to manage. §Simplified and intuitive workflow with FortiManger for management and zero touch deployment §Enhanced analytics both real-time and historical provides visibility into network performance and identifies anomalies §Strong security posture with next generation firewall and real- time threat protection External User FortiWeb Web Application Firewall FortiGate SWG Internal User Web Application Servers Secure Web Gateway Deployment (SWG) Enterprise Branch Deployment (Secure SD-WAN) FortiAP Secure Access Point FortiManager Centralized Provisioning & Automated Overlay Management FortiAnalyzer Analytics-powered Security & Log Management FortiGate Secure SD-WAN ENTERPRISE BRANCH ◄ IPSec T u n n el s ► FortiSwitch Secure Access Switch ◄ MPLS ► 117 3 DATA SHEET | FortiGate® 400E Series HARDWARE FortiGate 400E/401E 1. 1x USB Port 2. 1x Console Port 3. 2x GE RJ45 MGMT/HA Ports 4. 16x GE RJ45 Ports 5. 16x GE SFP Slots Interfaces Hardware Features Powered by SPU n Fortinet’s custom SPU processors deliver the power you need to detect malicious content at multi-Gigabit speeds n Other security technologies cannot protect against today’s wide range of content- and connection- based threats because they rely on general-purpose CPUs, causing a dangerous performance gap n SPU processors provide the performance needed to block emerging threats, meet rigorous third-party certifications, and ensure that your network security solution does not become a network bottleneck Network Processor §Fortinet’s new, breakthrough SPU NP6 network processor works inline with FortiOS functions delivering: §Superior firewall performance for IPv4/IPv6, SCTP and multicast traffic with ultra-low latency §VPN, CAPWAP and IP tunnel acceleration §Anomaly-based intrusion prevention, checksum offload, and packet defragmentation §Traffic shaping and priority queuing Content Processor Fortinet’s ninth generation custom SPU CP9 content processor works outside of the direct flow of traffic and accelerates the inspection. USB CONSOLE 2 1 HAMGMT 4 3 6 5 8 7 10 9 12 11 14 13 16 15 20 19 18 17 26 25 28 27 S2 S1 VW2 VW1 22 21 24 23 FortiGate 400E 4321 5 100-240VAC6A 50/60Hz 1UCP9NP6 ACDUAL /480GB 118 4 DATA SHEET | FortiGate® 400E Series FORTINET SECURITY FABRIC FortiOS™ Operating System FortiOS, Fortinet’s leading operating system enable the convergence of high performing networking and security across the Fortinet Security Fabric delivering consistent and context-aware security posture across network endpoint and clouds. The organically-built best-of-breed capabilities and unified approach allows organizations to run their businesses without compromising performance or protection, supports seamless scalability, and simplifies innovation consumption. The release of FortiOS 7 dramatically expands the Fortinet Security Fabric’s ability to deliver consistent security across hybrid deployment models of HW, Software and As-a-Service with SASE and ZTNA, among others. Security Fabric The industry’s highest-performing cybersecurity platform, powered by FortiOS, with a rich ecosystem designed to span the extended digital attack surface, delivering fully automated, self-healing network security. §Broad: Coordinated detection and enforcement across the entire digital attack surface and lifecycle with converged networking and security across edges, clouds, endpoints, and user §Integrated: Integrated and unified security, operation, and performance across different technologies, location, deployment options, and the richest ecosystem §Automated: Context aware, self-healing network and security posture leveraging cloud-scale and advanced AI to automatically deliver near-real-time, user-to-application coordinated protection across the Fabric The Fabric empowers organizations of any size to secure and simplify their hybrid infrastructure on the journey to digital innovation. SERVICES FortiGuard™ Security Services FortiGuard Labs offer real-time intelligence on the threat landscape, delivering comprehensive security updates across the full range of Fortinet’s solutions. Comprised of security threat researchers, engineers, and forensic specialists, the team collaborates with the world’s leading threat monitoring organizations and other network and security vendors, as well as law enforcement agencies. Fabric Management Center Open Ecosystem Fabric Security Operations Adaptive Cloud Security Security-Driven Networking Zero Trust Access FortiGuard Threat Intelligence FORTI OS SOCNOC FortiCare™ Services Fortinet is dedicated to helping our customers succeed, and every year FortiCare services help thousands of organizations get the most from their Fortinet Security Fabric solution. We have more than 1,000 experts to help accelerate technology implementation, provide reliable assistance through advanced support, and offer proactive care to maximize security and performance of Fortinet deployments. 119 5 DATA SHEET | FortiGate® 400E Series SPECIFICATIONS FG-400E FG-401E/DC Interfaces and Modules Hardware Accelerated GE RJ45 Interfacess 16 Hardware Accelerated GE SFP Slots 16 GE RJ45 Management Ports 2 USB Ports 2 RJ45 Console Port 1 Onboard Storage 0 2x 240 GB SSD Included Transceivers 2x SFP (SX 1 GE) System Performance — Enterprise Traffic Mix IPS Throughput 2 7.8 Gbps NGFW Throughput 2, 4 6 Gbps Threat Protection Throughput 2, 5 5 Gbps System Performance and Capacity IPv4 Firewall Throughput (1518 / 512 / 64 byte, UDP) 32 / 32 / 24 Gbps IPv6 Firewall Throughput (1518 / 512 / 64 byte, UDP) 32 / 32 / 24 Gbps Firewall Latency (64 byte, UDP)2.14 μs Firewall Throughput (Packet per Second)36Mpps Concurrent Sessions (TCP)4 Million New Sessions/Second (TCP)450 000 Firewall Policies 10 000 IPsec VPN Throughput (512 byte) 1 20 Gbps Gateway-to-Gateway IPsec VPN Tunnels 2000 Client-to-Gateway IPsec VPN Tunnels 50 000 SSL-VPN Throughput 4.5 Gbps Concurrent SSL-VPN Users (Recommended Maximum, Tunnel Mode) 5000 SSL Inspection Throughput (IPS, avg. HTTPS) 3 4.8 Gbps SSL Inspection CPS (IPS, avg. HTTPS) 3 4000 SSL Inspection Concurrent Session (IPS, avg. HTTPS) 3 300 000 Application Control Throughput (HTTP 64K) 2 12 Gbps CAPWAP Throughput (HTTP 64K)14.8 Gbps Virtual Domains (Default / Maximum)10 / 10 Maximum Number of FortiSwitches Supported 72 Maximum Number of FortiAPs (Total / Tunnel) 512 / 256 Maximum Number of FortiTokens 5000 High Availability Configurations Active-Active, Active-Passive, Clustering FG-400E FG-401E/DC Dimensions and Power Height x Width x Length (inches)1.75 x 17.0 x 15.0 Height x Width x Length (mm)44.45 x 432 x 380 Weight 16.4 lbs (7.4 kg)16.9 lbs (7.9 kg) Form Factor Rack Mount, 1 RU AC Power Consumption (Average / Maximum) 109 W / 214 W 115 W / 221 W AC Power Input 100–240V AC, 50/60Hz AC Current (Maximum)6A DC Power Input -48V to -60V DC DC Current (Maximum)11.5A DC Current (Nominal)4.6A DC Power Consumption (Average / Maximum) 115W / 221W Heat Dissipation 730 BTU/h 754 BTU/h Redundant Power Supplies (Hot Swappable) Optional Operating Environment and Certifications Operating Temperature 32–104°F (0–40°C) Storage Temperature -31–158°F (-35–70°C) Humidity 10–90% non-condensing Noise Level 48 dBA Airflow Side and Front to Back Operating Altitude Up to 7400 ft (2250 m) Compliance FCC Part 15 Class A, RCM, VCCI, CE, UL/ cUL, CB Certifications ICSA Labs: Firewall, IPsec, IPS, Antivirus, SSL-VPN, USGv6/IPv6 Note: All performance values are “up to” and vary depending on system configuration. 1. IPsec VPN performance test uses AES256-SHA256. 2. IPS (Enterprise Mix), Application Control, NGFW and Threat Protection are measured with Logging enabled. 3. SSL Inspection performance values use an average of HTTPS sessions of different cipher suites. 4. NGFW performance is measured with Firewall, IPS and Application Control enabled. 5. Threat Protection performance is measured with Firewall, IPS, Application Control and Malware Protection enabled. 120 DATA SHEET | FortiGate® 400E Series Copyright © 2021 Fortinet, Inc. All rights reserved. Fortinet®, FortiGate®, FortiCare® and FortiGuard®, and certain other marks are registered trademarks of Fortinet, Inc., and other Fortinet names herein may also be registered and/or common law trademarks of Fortinet. All other product or company names may be trademarks of their respective owners. Performance and other metrics contained herein were attained in internal lab tests under ideal conditions, and actual performance and other results may vary. Network variables, different network environments and other conditions may affect performance results. Nothing herein represents any binding commitment by Fortinet, and Fortinet disclaims all warranties, whether express or implied, except to the extent Fortinet enters a binding written contract, signed by Fortinet’s General Counsel, with a purchaser that expressly warrants that the identified product will perform according to certain expressly-identified performance metrics and, in such event, only the specific performance metrics expressly identified in such binding written contract shall be binding on Fortinet. For absolute clarity, any such warranty will be limited to performance in the same ideal conditions as in Fortinet’s internal lab tests. Fortinet disclaims in full any covenants, representations, and guarantees pursuant hereto, whether express or implied. Fortinet reserves the right to change, modify, transfer, or otherwise revise this publication without notice, and the most current version of the publication shall be applicable. www.fortinet.com FG-400E-DAT-R16-20211202 ORDERING INFORMATION PRODUCT SKU DESCRIPTION FortiGate 400E FG-400E 18x GE RJ45 ports (including 1x MGMT port, 1x HA port, 16x switch ports), 16x GE SFP slots, SPU NP6 and CP9 hardware accelerated. FortiGate 401E FG-401E 18x GE RJ45 ports (including 1x MGMT port, 1x HA port, 16x switch ports), 16x GE SFP slots, SPU NP6 and CP9 hardware accelerated, 2x 240 GB onboard SSD storage. FortiGate 401E-DC FG-401E-DC 18 x GE RJ45 ports (including 1 x MGMT port, 1 X HA port, 16 x switch ports), 16 x GE SFP slots, SPU NP6 and CP9 hardware accelerated, 2x 240GB onboard SSD storage, 1 DC power supply. Optional Accessories 1 GE SFP LX Transceiver Module FN-TRAN-LX 1 GE SFP LX transceiver module for all systems with SFP and SFP/SFP+ slots. 1 GE SFP RJ45 Transceiver Module FN-TRAN-GC 1 GE SFP RJ45 transceiver module for all systems with SFP and SFP/SFP+slots. 1 GE SFP SX Transceiver Module FN-TRAN-SX 1 GE SFP SX transceiver module for all systems with SFP and SFP/SFP+ slots. Optional Power Supply SP-FG300E-PS AC power supply for FG-300/301E, FG-400/401E, FG-500/501E, FG-600/601E, FAZ-200F/300F/800F and FMG-200F/300F. DC Power Supply SP-FG300E-DC-PS DC power supply for FG-401E-DC and FG-1100E-DC. BUNDLES FortiGuard Bundle FortiGuard Labs delivers a number of security intelligence services to augment the FortiGate firewall platform. You can easily optimize the protection capabilities of your FortiGate with one of these FortiGuard Bundles. Bundles Enterprise Protection Unified Threat Protection Advanced Threat Protection FortiCare 24x7 24x7 24x7 FortiGuard App Control Service ••• FortiGuard IPS Service ••• FortiGuard Advanced Malware Protection (AMP) — Antivirus, Mobile Malware, Botnet, CDR, Virus Outbreak Protection and FortiSandbox Cloud Service ••• FortiGuard Web and Video1 Filtering Service •• FortiGuard Antispam Service •• FortiGuard Security Rating Service • FortiGuard IoT Detection Service • FortiGuard Industrial Service • FortiConverter Service • 1. Available when running FortiOS 7.0 121 1 FortiGate® FortiWiFi 60F Series FG-60F, FG-61F, FWF-60F, and FWF-61F The FortiGate/FortiWiFi 60F series provides a fast and secure SD-WAN solution in a compact fanless desktop form factor for enterprise branch offices and mid-sized businesses. Protects against cyber threats with system-on-a-chip acceleration and industry-leading secure SD- WAN in a simple, affordable, and easy to deploy solution. Fortinet’s Security-Driven Networking approach provides tight integration of the network to the new generation of security. Firewall IPS NGFW Threat Protection Interfaces 10 Gbps 1.4 Gbps 1 Gbps 700 Mbps Multiple GE RJ45 | Variants with internal storage | WiFi variants Security n Identifies thousands of applications inside network traffic for deep inspection and granular policy enforcement n Protects against malware, exploits, and malicious websites in both encrypted and non-encrypted traffic n Prevent and detect against known and unknown attacks using continuous threat intelligence from AI-powered FortiGuard Labs security services Performance n Delivers industry’s best threat protection performance and ultra-low latency using purpose-built security processor (SPU) technology n Provides industry-leading performance and protection for SSL encrypted traffic Certification n Independently tested and validated for best-in-class security effectiveness and performance n Received unparalleled third-party certifications from NSS Labs Networking n Delivers advanced networking capabilities that seamlessly integrate with advanced layer 7 security and virtual domains (VDOMs) to offer extensive deployment flexibility, multi-tenancy and effective utilization of resources n Delivers high-density, flexible combination of various high-speed interfaces to enable best TCO for customers for data center and WAN deployments Management n Includes a management console that is effective, simple to use, and provides comprehensive network automation and visibility n Provides Zero Touch Integration with Fortinet’s Security Fabric’s Single Pane of Glass Management n Predefined compliance checklist analyzes the deployment and highlights best practices to improve overall security posture Security Fabric n Enables Fortinet and Fabric-ready partners’ products to provide broader visibility, integrated end-to-end detection, threat intelligence sharing, and automated remediation Next Generation Firewall Secure SD-WAN DATA SHEET 122 2 DATA SHEET | FortiGate® FortiWiFi 60F Series DEPLOYMENT Next Generation Firewall (NGFW) §Reduce the complexity and maximize your ROI by integrating threat protection security capabilities into a single high-performance network security appliance, powered by Fortinet’s Security Processing Unit (SPU) §Full visibility into users, devices, applications across the entire attack surface and consistent security policy enforcement irrespective of asset location §Protect against network exploitable vulnerabilities with industry-validated IPS that offers low latency and optimized network performance §Automatically block threats on decrypted traffic using the Industry’s highest SSL inspection performance, including the latest TLS 1.3 standard with mandated ciphers §Proactively block newly discovered sophisticated attacks in real-time with AI-powered FortiGuard Labs and advanced threat protection services included in the Fortinet Security Fabric FortiAP Secure Access Point FortiManager Centralized Provisioning & Automated Overlay Management FortiAnalyzer Analytics-powered Security & Log Management FortiGate Secure SD-WAN ENTERPRISE BRANCH ◄ IPSec T u n nel s ► FortiSwitch Secure Access Switch ◄ MPLS ► Enterprise Branch Deployment (Secure SD-WAN) Small Office Deployment (NGFW) FortiClient Endpoint Protection FortiGate NGFW SMALL OFFICE FortiGate Cloud • Cloud Device Management • Cloud Analytics-powered Security and Log Management • Cloud Sandboxing Secure SD-WAN §Consistent business application performance with accurate detection, dynamic WAN path steering and optimization §Multi-cloud access for faster SaaS adoption with end-to- end optimization §Simplified and intuitive workflow with FortiManger for management and zero touch deployment §Strong security posture with next generation firewall and real-time threat protection 123 3 DATA SHEET | FortiGate® FortiWiFi 60F Series HARDWARE FortiGate / FortiWiFi 60F/61F 1. 1x USB Port 2. 1x Console Port 3. 2x GE RJ45 WAN Ports 4. 1x GE RJ45 DMZ Port 5. 2x GE RJ45 FortiLink Ports 6. 5x GE RJ45 Internal Ports Interfaces Hardware Features Powered by Purpose-built Secure SD-WAN ASIC SOC4 §Combines a RISC-based CPU with Fortinet’s proprietary Security Processing Unit (SPU) content and network processors for unmatched performance §Delivers industry’s fastest application identification and steering for efficient business operations §Accelerates IPsec VPN performance for best user experience on direct internet access §Enables best of breed NGFW Security and Deep SSL Inspection with high performance §Extends security to access layer to enable SD- Branch transformation with accelerated and integrated switch and access point connectivity 3G/4G WAN Connectivity The FortiGate 60F Series includes a USB port that allows you to plug in a compatible third-party 3G/4G USB modem, providing additional WAN connectivity or a redundant link for maximum reliability. Compact and Reliable Form Factor Designed for small environments, you can place it on a desktop or wall-mount it. It is small, lightweight, yet highly reliable with superior MTBF (Mean Time Between Failure), minimizing the chance of a network disruption. Secure Access Layer FortiLink protocol enables you to converge security and the network access by integrating the FortiSwitch into the FortiGate as a logical extension of the NGFW. These FortiLink enabled ports can be reconfigured as regular ports as needed. A B60F 1 2 3 4 5 6 SOC4 Desktop a/b/g/n /ac-W2//128GB 124 4 DATA SHEET | FortiGate® FortiWiFi 60F Series FORTINET SECURITY FABRIC FortiOS™ Operating System FortiOS, Fortinet’s leading operating system enable the convergence of high performing networking and security across the Fortinet Security Fabric delivering consistent and context-aware security posture across network endpoint, and clouds. The organically built best of breed capabilities and unified approach allows organizations to run their businesses without compromising performance or protection, supports seamless scalability, and simplifies innovation consumption. The release of FortiOS 7 dramatically expands the Fortinet Security Fabric’s ability to deliver consistent security across hybrid deployment models consisting on appliances, software and As-a-Service with SASE, ZTNA and other emerging cybersecurity solutions. Security Fabric The industry’s highest-performing cybersecurity platform, powered by FortiOS, with a rich ecosystem designed to span the extended digital attack surface, delivering fully automated, self-healing network security. §Broad: Coordinated detection and enforcement across the entire digital attack surface and lifecycle with converged networking and security across edges, clouds, endpoints and users §Integrated: Integrated and unified security, operation, and performance across different technologies, location, deployment options, and the richest Ecosystem §Automated: Context aware, self-healing network & security posture leveraging cloud-scale and advanced AI to automatically deliver near-real-time, user-to-application coordinated protection across the Fabric The Fabric empowers organizations of any size to secure and simplify their hybrid infrastructure on the journey to digital innovation. SERVICES FortiGuard™ Security Services FortiGuard Labs offers real-time intelligence on the threat landscape, delivering comprehensive security updates across the full range of Fortinet’s solutions. Comprised of security threat researchers, engineers, and forensic specialists, the team collaborates with the world’s leading threat monitoring organizations and other network and security vendors, as well as law enforcement agencies. Fabric Management Center Open Ecosystem Fabric Security Operations Adaptive Cloud Security Security-Driven Networking Zero Trust Access FortiGuard Threat Intelligence FORTI OS SOCNOC FortiCare™ Services Fortinet is dedicated to helping our customers succeed, and every year FortiCare services help thousands of organizations get the most from their Fortinet Security Fabric solution. We have more than 1000 experts to help accelerate technology implementation, provide reliable assistance through advanced support, and offer proactive care to maximize security and performance of Fortinet deployments. 125 5 DATA SHEET | FortiGate® FortiWiFi 60F Series SPECIFICATIONS Note: All performance values are “up to” and vary depending on system configuration. 1. IPsec VPN performance test uses AES256-SHA256. 2. IPS (Enterprise Mix), Application Control, NGFW and Threat Protection are measured with Logging enabled. 3. SSL Inspection performance values use an average of HTTPS sessions of different cipher suites. 4. NGFW performance is measured with Firewall, IPS and Application Control enabled. 5. Threat Protection performance is measured with Firewall, IPS, Application Control and Malware Protection enabled. FORTIGATE 60F FORTIGATE 61F FORTIWIFI 60F FORTIWIFI 61F Hardware Specifications GE RJ45 WAN / DMZ Ports 2 / 1 2 / 1 2 / 1 2 / 1 GE RJ45 Internal Ports 5 5 5 5 GE RJ45 FortiLink Ports (Default)2 2 2 2 Wireless Interface ––Single Radio (2.4GHz/5GHz), 802.11 a/b/g/n/ac-W2 Single Radio (2.4GHz/5GHz), 802.11 a/b/g/n/ac-W2 USB Ports 1 1 1 1 Console (RJ45)1 1 1 1 Internal Storage –1 x 128 GB SSD –1 x 128 GB SSD System Performance — Enterprise Traffic Mix IPS Throughput 2 1.4 Gbps NGFW Throughput 2, 4 1 Gbps Threat Protection Throughput 2, 5 700 Mbps System Performance Firewall Throughput (1518 / 512 / 64 byte UDP packets)10/10/6 Gbps Firewall Latency (64 byte UDP packets)3.3 μs Firewall Throughput (Packets Per Second)9 Mpps Concurrent Sessions (TCP)700 000 New Sessions/Second (TCP)35 000 Firewall Policies 5000 IPsec VPN Throughput (512 byte) 1 6.5 Gbps Gateway-to-Gateway IPsec VPN Tunnels 200 Client-to-Gateway IPsec VPN Tunnels 500 SSL-VPN Throughput 900 Mbps Concurrent SSL-VPN Users (Recommended Maximum, Tunnel Mode) 200 SSL Inspection Throughput (IPS, avg. HTTPS) 3 630 Mbps SSL Inspection CPS (IPS, avg. HTTPS) 3 400 SSL Inspection Concurrent Session (IPS, avg. HTTPS) 3 55 000 Application Control Throughput (HTTP 64K) 2 1.8 Gbps CAPWAP Throughput (HTTP 64K)8 Gbps Virtual Domains (Default / Maximum)10 / 10 Maximum Number of FortiSwitches Supported 16 Maximum Number of FortiAPs (Total / Tunnel Mode)64 / 32 Maximum Number of FortiTokens 500 High Availability Configurations Active-Active, Active-Passive, Clustering Dimensions Height x Width x Length (inches)1.5 x 8.5 x 6.3 Height x Width x Length (mm)38.5 x 216 x 160 mm Weight 2.23 lbs (1.01 kg) Form Factor Desktop Radio Specifications Multiple User (MU) MIMO ––3x3 Maximum Wi-Fi Speeds ––1300 Mbps @ 5 GHz, 450 Mbps @ 2.4 GHz Maximum Tx Power ––20 dBm Antenna Gain ––3.5 dBi @ 5 GHz, 5 dBi @ 2.4 GHz 126 DATA SHEET | FortiGate® FortiWiFi 60F Series Copyright © 2021 Fortinet, Inc. All rights reserved. Fortinet®, FortiGate®, FortiCare® and FortiGuard®, and certain other marks are registered trademarks of Fortinet, Inc., and other Fortinet names herein may also be registered and/or common law trademarks of Fortinet. All other product or company names may be trademarks of their respective owners. Performance and other metrics contained herein were attained in internal lab tests under ideal conditions, and actual performance and other results may vary. Network variables, different network environments and other conditions may affect performance results. Nothing herein represents any binding commitment by Fortinet, and Fortinet disclaims all warranties, whether express or implied, except to the extent Fortinet enters a binding written contract, signed by Fortinet’s General Counsel, with a purchaser that expressly warrants that the identified product will perform according to certain expressly-identified performance metrics and, in such event, only the specific performance metrics expressly identified in such binding written contract shall be binding on Fortinet. For absolute clarity, any such warranty will be limited to performance in the same ideal conditions as in Fortinet’s internal lab tests. Fortinet disclaims in full any covenants, representations, and guarantees pursuant hereto, whether express or implied. Fortinet reserves the right to change, modify, transfer, or otherwise revise this publication without notice, and the most current version of the publication shall be applicable. www.fortinet.com FGFWF-60F-DAT-R28-20211228 SPECIFICATIONS FORTIGATE 60F FORTIGATE 61F FORTIWIFI 60F FORTIWIFI 61F Operating Environment and Certifications Power Rating 12Vdc, 3A Power Required Powered by External DC Power Adapter, 100–240V AC, 50/60 Hz Maximum Current 100Vac/1.0A, 240Vac/0.6A Power Consumption (Average / Maximum)17.0 W / 18.5 W 17.2 W / 18.7 W 17.2 W / 18.7 W 17.5 W / 19.0 W Heat Dissipation 63.1 BTU/hr 63.8 BTU/hr 63.8 BTU/hr 64.8 BTU/hr Operating Temperature 32–104°F (0–40°C) Storage Temperature -31–158°F (-35–70°C) Humidity Humidity 10–90% non-condensing Noise Level Fanless 0 dBA Operating Altitude Up to 7400 ft (2250 m) Compliance FCC, ICES, CE, RCM, VCCI, BSMI, UL/cUL, CB Certifications ICSA Labs: Firewall, IPsec, IPS, Antivirus, SSL-VPN BUNDLES FortiGuard Bundle FortiGuard Labs delivers a number of security intelligence services to augment the FortiGate firewall platform. You can easily optimize the protection capabilities of your FortiGate with one of these FortiGuard Bundles. Bundles Enterprise Protection SMB Protection Unified Threat Protection Advanced Threat Protection FortiCare 24x7 24x7 24x7 24x7 FortiGuard App Control Service •••• FortiGuard IPS Service •••• FortiGuard Advanced Malware Protection (AMP) — Antivirus, Mobile Malware, Botnet, CDR, Virus Outbreak Protection and FortiSandbox Cloud Service •••• FortiGuard Web and Video1 Filtering Service ••• FortiGuard Antispam Service ••• FortiGuard Security Rating Service • FortiGuard IoT Detection Service • FortiGuard Industrial Service • FortiConverter Service • FortiGate Cloud Subscription • 1. Available when running FortiOS 7.0 ORDERING INFORMATION Product SKU Description FortiGate 60F FG-60F 10x GE RJ45 ports (including 7x Internal ports, 2x WAN ports, 1x DMZ port) FortiGate 61F FG-61F 10x GE RJ45 ports (including 7x Internal ports, 2x WAN ports, 1x DMZ port), 128 GB SSD onboard storage FortiWiFi 60F FWF-60F-[RC]10x GE RJ45 ports (including 7x Internal Ports, 2x WAN Ports, 1x DMZ Port), Wireless (802.11 a/b/g/n/ac-W2) FortiWiFi 61F FWF-61F-[RC]10x GE RJ45 ports (including 7x Internal Ports, 2x WAN Ports, 1x DMZ Port), Wireless (802.11 a/b/g/n/ac-W2), 128GB SSD onboard storage Optional Accessories Rack Mount Tray SP-RACKTRAY-02 Rack mount tray for all FortiGate E series and F series desktop models are backwards compatible with SP-RackTray-01. For list of compatible FortiGate products, visit our Documentation website, docs.fortinet.com AC Power Adaptor SP-FG60E-PDC-5 Pack of 5 AC power adaptors for FG/FWF 60E/61E, 60F/61F, and 80E/81E Wall Mount Kit SP-FG60F-MOUNT-20 Pack of 20 wall mount kits for FG/FWF-60F and FG/FWF-80F series [RC] = regional code: A, B, D, E, F, I, J, N, P , S, V, and Y 127 128 MIAMI -DA DE STATE OF FLORIDA COUNTY OF MIAMI-DADE : Before the undersigned authority personally appeared GUILLERMO GAR CIA , who on oath says that he or she is the DIRECTOR OF_ OPERATIONS , Legal Notices of the Miami Da ily Bus iness Review f/kla Miami Review , a da ily (except Saturday , Sunday and Lega l Holidays) newspaper, published at Miami in Mia mi-Dade County, Flori da ; thal the attached copy of advertisement , being a Legal Advertisement of Notice in the matter of CITY OF SOU TH MIAMI· PUBLIC HEARINGS. APR. 19, 2022 in the XXXX Court, was published in said newspaper by print in the issues of and/or by publ ication on the newspaper's website , if authorized , on 04/08/2022 Affiant further says that the newspaper complies with all legal for publication in chapter 50 , Florida Sw ·10 and subscribed before me this 8 day of APRI L, A.O . 2022 ,<J.f~ GUIL LERMO GARCIA personally known to me .. 0-.;~~,:~---. CH niSTINA LYNN RAVI X _ . .,&. ·.t,, :",/ ·=.~ Commission# GG 277771 \~-..... 0/f Ex pi res November 19, 2022 -~~r.!~••'' Bond ed Thru Troy Fain Insura nce 800-385-7019 CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS In order to balance the need for the City of South Miami to function and conduct vital business during the COVl D 19 pandemic and, at the same time, to protect the health, safety and welfare o f its citizens , officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011 , Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be hold ing its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMl) until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or by video conferencing through the Zoom platfonn and members of the public may join the meeting via Zoom at (https ://zoom .usfv3056636338) and participate . At a minimum, at least three members of the City Com mission will be physically present in the City Commission Chambers 1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meet ing Is scheduled to begin on Tuesda April 19, 2022, at 7:00 p.m. to consider the following public hearing item(s): A Resolut ion authorizing the City Manager to enter into a multi-year piggyback agreem ent with Compuquip Technologies, LLC, for a Fortinet firewall appliance for the South Miami Police Department, onto a piggyback agreement with National Co operative Purchasing ,...,,All [ance. 129 .., .. ci+y of South M iatni An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-3.3(D), 20-3.4, 20-4.4 , 20-7.12(C), 20-9.4 and 20-9.6 amending the definitions and provisions related to residential care type uses. An ordinance amending the City of South Miami Land Development Code Section 20-11.4 amending the provisions regarding certificates of appropriateness and economic hardship and Section 20-6.1 regarding Historic Preservation Board membership. An Ordinance governing, defining; and proscribing panhandling to be codified in Section 15-8 of the City of South Miami's Code of Ordinances wh ich is currently reseived and prov iding a pena lty. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, ail of which Is set forth in the meeting notice posted at City Hall and at http://www.southmiamlfl.gov/580/Public-Meetings-Notices. Anyone who wishes to review pending application, supporting documentation or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340 . Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter cons idered at its meeting or hearing, a record of the proceedings will be ·required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program , activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mall at 6130 Sunset Drive, South Miami, Florida or email at npayn e@ southmiamifl.gov. Nkenga A Payne, CMC, FCRM City Clerk 1 The minimum standards for adopting a resolution or enacting an ordinance are set forth In 166.041(4) -A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum pres ent is necessary to enaGt any ordinance or adopt any resolution . - 4/8 22-132/0000590435M SUNDAY APRIL 10 2022 NEIGHBORS ...................................................................................................13SE 130 ~ ~~ I OHM VILLAGE OF PINECREST Public Notice * Corrected Notice* On Tuesday, Moy 10, 2022, al 7:00 p.m ., the Village Council will conduct the following Public Hearings lo be held al the Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida : Melissa Tapanes Llahues, Esq. (Applicant) and Gulliver Preparatory School, Inc. and Immanuel Presbyterian Church of Miami, Inc. (Owners) are requesting approval of the following : Hearing #2022-0510-1. A variance from the requirements of Division 6.3 .301.2 of the Village's land Development Regulations (Floodplain Management Ordinance) lo allow construction of the finished floor of new approved occupiable buildings al an elevation of 10.9 feel NGVD instead of 11.58 feet NGVD, and the finished floor of the approved parking garage al 10.4 feet NGVD instead of 11 .58 feel NGVD as otherwise required; and Hearing #2022-0510-2. A conditional use permit to allow placement of eight (8) portable classroom trailers on the north side of the Gulliver campus for a period not lo exceed two (2) years. The purpose of the proposed temporary classrooms is lo replace classroom space scheduled for demolition during Phase I of construction. No increase in the maximum permitted student enrollment cap is proposed. The subject property is located al 6491, 6575, 6605, 6675, 6545, and 6691 SW 88 Street, Pinecrest, Florida 33156 within the PS, Public Service zoning district. Interested parties are invited lo appear in person or virtually and be heard -visit www.pinecrest-fl.gov/live for details. For additional information, you may contact the Building and Planning Department by calling (305) 234-2121, via email al planning@pinecrest-fl.gov, or writing lo the department al 12645 Pinecrest Parkway, Pinecrest, Florida 33156, where a copy of the application is on file . In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations lo participate in this meeting because of that disability should contact the Village Clerk al 305-234-2121 not later than two business days prior lo such proceeding. Should any person decide lo appeal any decision of the Village Council with respect lo any matter to be considered al this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). www.pinecrest-fl.gov CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION NOTICE OF PUBLIC HEARINGS Priscilla Torres, CMC Village Clerk In order to balance the need for the City of South Miami to function and conduct ~tal business during the C0VI0 19 pandemic and, at the same time, to protect the health , safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (CMn until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders . All Commission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https:Jlzoom.us/i/3056636338\ and participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations. The meeting is scheduled to begin on Tuesday. AarH )9. 2022, at 7:00 a,m, to consider the following public hearing ttem(s): A Resolution authorizing the City Manager to enter into a multi-year piggyback agreement with Compuquip Technologies , LLC, for a Fortinet firewall appliance for the South Miami Police Department, onto a piggyback agreement with National Cooperative Purchasing Alliance. An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-3.3(D), 20-3.4, 20-4.4, 20-7.12(C), 20-9.4 and 20-9.6 amending the definitions and provisions related to residential care type uses. An ordinance amending the City of South Miami Land Development Code Section 20-11.4 amending the provi~ons regarding certificates of appropriateness and economic hardship and Section 20-6.1 regarding Historic Preservation Board membership. An Ordinance governing, defining, and proscribing panhandling to be codified in Section 15-8 of the City of South Miami's Code of Ordinances which is currenUy reserved and pr~ding a penalty. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available inciuding a dedicated phone line to l~ten and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/Public-Meetings-Notices . Anyone who w~hes to ~ew pending application, supporting documentation or who de~re to have documents made available for ~ewing by everyone during the meeting must contact the City Clerk by calling 305-156:Hi340. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based. ADA: To request a modification to a policy, practice or procedure orto request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-66:Hi340, by mail at 6130 Sunset Drive , South Miami, Florida or email at npayne@southmiamifl.gov. Nkenga A. Payne, CMC, FCRM City Clerk 1The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) *** A majority of the members of the governing body shall constitute a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. ***