Agenda 12/10/2019 Item #16E 2 (IT Data Backup System Replacement)12/10/2019
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a replacement Information Technology data backup
system estimated at $280,000 off of the State of Florida, Department of Management Services,
Software Value Added Reseller Contract, and authorize the associated budget amendment.
OBJECTIVE: To protect the agency’s data by replacing the obsolete data backup system with current
technology.
CONSIDERATIONS: The Information Technology Division’s (IT) current disaster recovery plans
include both online and offline, off-site backups. The current offline backup system is over ten years
old and uses a technology that is five generations old. The current system takes approximately one
week to complete a full system backup. The proposed replacement will perform a full system backup
in one to two days. The faster backup time will allow IT to meet the County’s backup performance
objectives.
The Information Technology Division solicited proposals for a replacement data backup system from
five vendors utilizing a State approved cooperative contract (see attached). Insight Public Sector
provide the lowest responsive proposal. The proposals include hardware, software, services,
maintenance and tapes.
Vendor Cost
Insight $255,940.94
CDWG $281,183.19
Presidio $282,667.41
Disk-O-Tape $547,658.28
Code Zero $607,657.95
FISCAL IMPACT: The initial cost is estimated at $280,000 including maintenance charges for three
years and approximately 10% contingency for unexpected conditions. Maintenance for subsequent years
will be budgeted in the Information Technology Division’s (IT) operating budget. Initial funds are
available in IT reserves and a budget amendment is required to appropriate them.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve the purchase of a new data backup system utilizing the attached
State approved cooperative contract and authorize the associated budget amendment.
Prepared by: Michael Berrios, Director, Information Technology
ATTACHMENT(S)
1. QuoteSummary (DOCX)
2. Insight Quote - Quantum Scalar i6000 Solution (PDF)
3. CDWG Quote - KWDT768 (PDF)
4. Presidio Quote - 2001719002017-01.Quantum. 09.04.19 (PDF)
16.E.2
Packet Pg. 2503
12/10/2019
5. Disk-O-Tape Quote - Collier County Quantum Scalar i6000 - Garcia (PDF)
6. Code Zero Quote - Estimate_1731_from_Code_Zero_Technologies (PDF)
7. NASPO - 81Piggyback-StateContract (PDF)
16.E.2
Packet Pg. 2504
12/10/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2
Doc ID: 10658
Item Summary: Recommendation to approve the purchase of a replacement Information
Technology data backup system estimated at $280,000 off the State of Florida, Department of
Management Services, Software Value Added Reseller Contract, and authorize the associated budget
amendment.
Meeting Date: 12/10/2019
Prepared by:
Title: Division Director - Information Tech – Information Technology
Name: Mike Berrios
10/24/2019 1:39 PM
Submitted by:
Title: Division Director - Information Tech – Information Technology
Name: Mike Berrios
10/24/2019 1:39 PM
Approved By:
Review:
Administrative Services Department Paula Brethauer Level 1 Division Reviewer Completed 10/24/2019 4:22 PM
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 10/25/2019 9:56 AM
Procurement Services Michael Cox Additional Reviewer Skipped 11/04/2019 9:47 AM
Administrative Services Department Len Price Level 2 Division Administrator Review Completed 11/18/2019 5:08 PM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 11/19/2019 4:26 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 11/19/2019 4:49 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/20/2019 9:09 AM
Office of Management and Budget Laura Wells Additional Reviewer Completed 11/21/2019 11:29 AM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 11/25/2019 10:07 AM
Board of County Commissioners MaryJo Brock Meeting Pending 12/10/2019 9:00 AM
16.E.2
Packet Pg. 2505
Data Backup System Quote Summary
Insight $255,940.94
CDWG $281,183.19
Presidio $282,667.41
Disk-O-Tape $547,658.28
Code Zero $607,657.95
16.E.2.a
Packet Pg. 2506 Attachment: QuoteSummary (10658 : Purchase of a New Data Backup System)
HTTP://WWW.INSIGHT.COM
Page 1 of 4INSIGHT PUBLIC SECTOR
6820 S HARL AVE
TEMPE AZ 85283-4318
Tel: 800-467-4448
SOLD-TO PARTY 11068951
COMPANY
COLLIER COUNTY BOARD OF CITY COMM
3299 TAMIAMI TRL E STE 700
NAPLES FL 34112-5749
SHIP-TO PARTY
COMPANY
COLLIER COUNTY BOARD OF CITY COMM
3299 TAMIAMI TRL E STE 700
NAPLES FL 34112-5749
We deliver according to the following terms:
Payment Terms :Net 30 days
Ship Via :CEVA FREIGHT LLC/LTL
Terms of Delivery :FOB DESTINATION
Currency :USD
Quotation
Quotation Number :221537971
Document Date :11-SEP-2019
PO Number :
PO Release :
Sales Rep :Kevin Poppenberg
Email :KEVIN.POPPENBERG@INSIGHT.COM
Telephone :9522794052
Sales Rep 2 :Lia Paredes
Email :LPAREDES@INSIGHT.COM
Telephone :4809021145
In order for Insight to accept Purchase Orders against this contract and honor the prices on this quote, your agency must be
registered with OMNIA Partners Public Sector (formerly U.S. Communities).
Our sales teams would be happy to assist you with your registration. Please contact them for assistance -- the registration
process takes less than five minutes.
In order for Insight to accept Purchase Orders against this contract and honor the prices on this quote, your agency must be
registered with OMNIA Partners Public Sector (formerly U.S. Communities).
Our sales teams would be happy to assist you with your registration. Please contact them for assistance -- the registration
process takes less than five minutes.
Material Material Description Quantity Unit Price Extended Price
LSC6K-BL00-002C 1 20,900.00 20,900.00
LSC6K-ATDJ-L8BD 10 8,527.75 85,277.50
LSC6K-ARPS-001G 1 1,841.13 1,841.13
9-03735-01 11 75.90 834.90
LSC6K-ATDJ-L6BD 1 6,112.98 6,112.98
LSCBB-AKMA-001B 2 1,723.42 3,446.84
Quantum Control Module (CM3) - tape library -
no tape drives
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
QUANTUM SCALAR I6000 AND AEL6000 IBM LTO-8
TAPE DRIVE MODULE, 8GB NATIVE FIBRE CHANNEL,
DUAL PORT, AVAILABLE 04DEC17
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Quantum 2N power - power supply - hot-plug /
redundant
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Quantum Fibre Channel cable - 7.5 m
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
IBM tape library drive module - LTO Ultrium -
8Gb Fibre Channel
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Quantum Scalar Key Manager Appliance -
Encryption module - with 3 years Rapid
Exchange - 10Mb LAN - 1U - rack-mountable
Coverage Dates: 11-SEP-2019 - 11-SEP-2019
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
List Price: 6902.99
Discount %: 75.03%
16.E.2.b
Packet Pg. 2507 Attachment: Insight Quote - Quantum Scalar i6000 Solution (10658 : Purchase of a New Data Backup System)
HTTP://WWW.INSIGHT.COM
Page 2 of 4
Document Date 11-SEP-2019
Quotation Number 221537971
Material Material Description Quantity Unit Price Extended Price
LSC6K-AEDL-B8AA 1 2,747.25 2,747.25
LSC2K-APAR-001A 1 2,266.00 2,266.00
LSC6K-AQK1-L4HA 11 473.37 5,207.07
LSC6K-AEDL-000A 1 2,366.83 2,366.83
SSC6K-NCMN-0001 1 2,109.75 2,109.75
SSC6K-NTDX-0001 12 156.00 1,872.00
SSC6K-NRPC-0001 1 234.75 234.75
SLBBB-NEK1-0001 1 1,590.00 1,590.00
SLBBN-LTDX-CG11 36 1,612.40 58,046.40
SSC2K-REKM-GL10 33 100.27 3,308.91
SSC2K-LS02-CG11 3 3,952.00 11,856.00
SSC6K-NLHC-SL1A 3 4,324.21 12,972.63
MR-L8MQN-BC 200 162.50 32,500.00
QUANTUM SCALAR I6000 AND AEL6000 IBM LTO-8
EDLM SCANNING TAPE DRIVE
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Quantum Scalar i2000 Partitioning Option -
license
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Quantum Scalar Key Manager - Activation key -
1 tape drive
STATE OF FLORIDA NASPO VALUEPOINT SOFTWARE VAR(#
ADSPO16-138244 / 43230000-NASPO-16-ACS-SOFTWARE VAR)
Quantum Extended Data Life Management (EDLM)
- License - for Scalar i6000
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
List Price: 9479.99
Discount %: 75.03%
Quantum Installation and Configuration Zone 1
- installation / configuration - on-site
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Quantum Installation and Configuration Zone 1
- installation / configuration - on-site
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Quantum Installation Services Zone 1 -
installation - on-site
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Quantum StorageCare Single Server/Site System
Integration, zone 1 - installation /
configuration - for Quantum Encryption Key
Manage r (Q-EKM)
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Quantum StorageCare Gold Support Plan Zone 1
- extended service agreement (uplift) - 1
year - on-site
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Quantum StorageCare Gold Software Support
Plan - Technical support (renewal) - for
Quantum Scalar i2000 Encryption Key Manager -
pho ne consulting - 1 year - 24x7
Coverage Dates: 11-SEP-2019 - 11-SEP-2020
STATE OF FLORIDA NASPO VALUEPOINT SOFTWARE VAR(#
ADSPO16-138244 / 43230000-NASPO-16-ACS-SOFTWARE VAR)
Quantum StorageCare Gold Support Plan Zone 1
- extended service agreement (uplift) - 1
year - on-site
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
QUANTUM LIBRARY HEALTH CHECK, SILVER (MONTHLY
REMOTE LOG REVIEWS), FOR SCALAR I500, I2000,
SCALAR I6000, STORNEXT AEL500 OR STORNEXT AEL
6000; MISCELLANEOUS SUPPORT, FEE; ANNUAL
SUBSCRIPTION
Coverage Dates: 11-SEP-2019 - 11-SEP-2020
STATE OF FLORIDA NASPO VALUEPOINT SOFTWARE VAR(#
ADSPO16-138244 / 43230000-NASPO-16-ACS-SOFTWARE VAR)
Quantum - LTO Ultrium 8 x 1 - 12 TB - storage
media
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
16.E.2.b
Packet Pg. 2508 Attachment: Insight Quote - Quantum Scalar i6000 Solution (10658 : Purchase of a New Data Backup System)
HTTP://WWW.INSIGHT.COM
Page 3 of 4
Document Date 11-SEP-2019
Quotation Number 221537971
Material Material Description Quantity Unit Price Extended Price
MR-LUCQN-BC Quantum - LTO Ultrium x 1 - cleaning
cartridge
10 45.00 450.00
OMNIA PARTNERS IT PRODUCTS & SERVICES(# 4400006644)
Product Subtotal 180,232.04
Services Subtotal 75,708.90
TAX 0.00
Total 255,940.94
Thank you for considering Insight. Please contact us with any questions or for additional information about Insight's complete IT
solution offering.
Sincerely,
Kevin Poppenberg
9522794052
KEVIN.POPPENBERG@INSIGHT.COM
Lia Paredes
4809021145
LPAREDES@INSIGHT.COM
Fax 4807608347
OMNIA Partners (formerly U.S. Communities) IT Products, Services and Solutions Contract No. 4400006644
Insight Public Sector (IPS) is proud to be a contract holder for the OMNIA Partners Technology Products, Services & Solutions
Contract.
This competitively solicited contract is available to participating agencies of OMNIA Partners. OMNIA Partners assists local and
state government agencies, school districts (K-12), higher education, and nonprofits in reducing the cost of purchased goods by
pooling the purchasing power of public agencies nationwide. This is an optional use program with no minimum volume
requirements and no cost to agencies to participate.
Regarding tariff impacts on IPS contract quotes, Insight is communicating with the contracting officials on the contracts held by
Insight to minimize the impact of tariffs to our clients.
Thanks for choosing Insight!
OMNIA Partners (formerly U.S. Communities) IT Products, Services and Solutions Contract No. 4400006644
Insight Public Sector (IPS) is proud to be a contract holder for the OMNIA Partners Technology Products, Services & Solutions
Contract.
This competitively solicited contract is available to participating agencies of OMNIA Partners. OMNIA Partners assists local and
state government agencies, school districts (K-12), higher education, and nonprofits in reducing the cost of purchased goods by
pooling the purchasing power of public agencies nationwide. This is an optional use program with no minimum volume
requirements and no cost to agencies to participate.
Regarding tariff impacts on IPS contract quotes, Insight is communicating with the contracting officials on the contracts held by
Insight to minimize the impact of tariffs to our clients.
Thanks for choosing Insight!
16.E.2.b
Packet Pg. 2509 Attachment: Insight Quote - Quantum Scalar i6000 Solution (10658 : Purchase of a New Data Backup System)
HTTP://WWW.INSIGHT.COM
Page 4 of 4
Document Date 11-SEP-2019
Quotation Number 221537971
Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight
representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial
options.
The U.S. government has imposed tariffs on technology-related goods. Many of Insight's OEM and distribution partners have
notified Insight that these tariffs will result in frequent and significant price increases. Some of our major partners have already
provided Insight with cost increases, in some instances multiple times per day, while other providers are still assessing their
situations. Due to the situation it is possible this quote may be subject to cost changes for Insight which will necessitate changes
to the quoted pricing, or withdrawal of the quote.
This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by both your
company and Insight, in which case, that separate agreement will govern. Insight’s online Terms of Sale can be found at:
http://www.insight.com/en_US/help/terms-of-sale-products-ips.html
16.E.2.b
Packet Pg. 2510 Attachment: Insight Quote - Quantum Scalar i6000 Solution (10658 : Purchase of a New Data Backup System)
Page 1 of 3
QUOTE CONFIRMATION
DEAR ALIEN GARCIA,
Thank you for considering CDWG for your computing needs. The details of your quote are below. Click
here to convert your quote to an order.
QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL
KWDT768 9/5/2019 QUANTUM 0770081 $281,183.19
QUOTE DETAILS
ITEM QTY CDW#UNIT PRICE EXT.PRICE
Quantum Control Module (CM3) - tape library - no tape drives 1 3939340 $24,807.50 $24,807.50
Mfg. Part#: LSC6K-BL00-002C
UNSPSC: 43201806
Contract: National IPA Technology Solutions (2018011-01)
QTE SCALAR I6000 AEL6000 IBM LTO 8 5002195 $11,133.83 $89,070.64
Mfg. Part#: LSC6K-ATDJ-L8BD
Contract: National IPA Technology Solutions (2018011-01)
Quantum 2N power - power supply - hot-plug / redundant 1 3863905 $2,403.77 $2,403.77
Mfg. Part#: LSC6K-ARPS-001G
UNSPSC: 39121004
Contract: National IPA Technology Solutions (2018011-01)
Quantum Fibre Channel cable - 7.5 m 9 3375162 $99.09 $891.81
Mfg. Part#: 9-03735-01
UNSPSC: 43223326
Contract: National IPA Technology Solutions (2018011-01)
IBM tape library drive module - LTO Ultrium - 8Gb Fibre
Channel
1 3331700 $7,981.10 $7,981.10
Mfg. Part#: LSC6K-ATDJ-L6BD
UNSPSC: 43201807
Contract: National IPA Technology Solutions (2018011-01)
Quantum Scalar Key Manager Appliance - encryption module -
with 3 years Rap
2 3499508 $2,692.80 $5,385.60
Mfg. Part#: LSCBB-AKMA-001B
UNSPSC: 43222502
Contract: National IPA Technology Solutions (2018011-01)
Quantum Scalar i2000 Partitioning Option - license 1 1155501 $2,958.48 $2,958.48
Mfg. Part#: LSC2K-APAR-001A
UNSPSC: 43232304
Contract: National IPA Technology Solutions (2018011-01)
Quantum Scalar Key Manager 9 3283797 $739.62 $6,656.58
Mfg. Part#: LSC6K-AQK1-L4HA
UNSPSC: 43232304
Electronic distribution - NO MEDIA
Contract: National IPA Technology Solutions (2018011-01)
Quantum Extended Data Life Management (EDLM) - license 1 2712203 $3,698.11 $3,698.11
16.E.2.c
Packet Pg. 2511 Attachment: CDWG Quote - KWDT768 (10658 : Purchase of a New Data Backup System)
Page 2 of 3
QUOTE DETAILS (CONT.)
Mfg. Part#: LSC6K-AEDL-000A
UNSPSC: 43232304
Contract: National IPA Technology Solutions (2018011-01)
QUANTUM ONSITE INSTALL & CONFIG 1 3127616 $2,209.33 $2,209.33
Mfg. Part#: SSC6K-NCMN-0001
Contract: National IPA Technology Solutions (2018011-01)
Quantum Installation and Configuration Zone 1 - installation /
configuratio
9 3008371 $163.36 $1,470.24
Mfg. Part#: SSC6K-NTDX-0001
UNSPSC: 81112302
Contract: National IPA Technology Solutions (2018011-01)
Quantum Installation Services Zone 1 - installation - on-site 1 3060795 $245.83 $245.83
Mfg. Part#: SSC6K-NRPC-0001
UNSPSC: 81111812
Contract: National IPA Technology Solutions (2018011-01)
Quantum StorageCare Single Server/Site System Integration,
zone 1 -Quantum
1 1357017 $1,665.04 $1,665.04
Mfg. Part#: SLBBB-NEK1-0001
UNSPSC: 81111811
Electronic distribution - NO MEDIA
Contract: National IPA Technology Solutions (2018011-01)
Quantum StorageCare Gold Support Plan Zone 1 - extended
service agreement (
3 3299418 $4,665.85 $13,997.55
Mfg. Part#: SSC2K-LS02-CG11
UNSPSC: 81111812
Contract: National IPA Technology Solutions (2018011-01)
Quantum StorageCare Gold Support Plan Zone 1 - extended
service agreement (
30 3274126 $1,899.56 $56,986.80
Mfg. Part#: SLBBN-LTDX-CG11
UNSPSC: 81111812
Contract: National IPA Technology Solutions (2018011-01)
Quantum StorageCare Gold Software Support Plan - technical
support (renewal
27 1685573 $141.37 $3,816.99
Mfg. Part#: SSC2K-REKM-GL10
UNSPSC: 81111811
Contract: National IPA Technology Solutions (2018011-01)
QUANTUM ENT LIBRARY HEALTH CHECK 3 5388102 $4,903.14 $14,709.42
Mfg. Part#: SSC6K-NLHC-SL1A
Electronic distribution - NO MEDIA
Contract: National IPA Technology Solutions (2018011-01)
Quantum - LTO Ultrium 8 x 1 - 12 TB - storage media 200 4878916 $190.74 $38,148.00
Mfg. Part#: MR-L8MQN-BC
UNSPSC: 43202002
Contract: National IPA Technology Solutions (2018011-01)
Quantum LTO Cleaning Cartridge - Single Pack, Custom
Barcode Label
10 1189386 $49.36 $493.60
Mfg. Part#: MR-LUCQN-BC
UNSPSC: 44102903
Contract: National IPA Technology Solutions (2018011-01)
QUANTUM SCALAR I6000 AND AEL6000 IBM 1 5744108 $3,586.80 $3,586.80
Mfg. Part#: LSC6K-AEDL-B8AA
Contract: National IPA Technology Solutions (2018011-01)
16.E.2.c
Packet Pg. 2512 Attachment: CDWG Quote - KWDT768 (10658 : Purchase of a New Data Backup System)
Page 3 of 3
PURCHASER BILLING INFO SUBTOTAL $281,183.19
Billing Address:
COLLIER CTY BOARD OF COMMISSIONERS
ACCOUNTS PAYABLE
3299 TAMIAMI TRL E STE 700
NAPLES, FL 34112-5749
Phone: (239) 774-8097
Payment Terms: Net 30 Days-Govt State/Local
SHIPPING $0.00
SALES TAX $0.00
GRAND TOTAL $281,183.19
DELIVER TO Please remit payments to:
Shipping Address:
COLLIER CTY BOARD OF COMMISSIONERS
SHANNON MCVAUGH
15000 LIVINGSTON RD
NAPLES, FL 34109
Shipping Method: UPS Freight LTL, Dock to Dock
CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Need Assistance? CDWG SALES CONTACT INFORMATION
CDW Account Team - Kyle and
Halcyon |(877) 685-8887 |kyleandhalcyon@cdwg.com
This quote is subject to CDW’s Terms and Conditions of Sales and Service Projects at
http://www.cdwg.com/content/terms-conditions/product-sales.aspx
For more information, contact a CDW account manager
' 2019 CDWG LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239
16.E.2.c
Packet Pg. 2513 Attachment: CDWG Quote - KWDT768 (10658 : Purchase of a New Data Backup System)
2001719002017-01QUOTE:
09/04/2019DATE:
PAGE:1 of 3
FROM:Presidio Networked Solutions
Terri Bland Stevens
4400 PGA Boulevard
Suite 401
Palm Beach Gardens, FL 33410
tstevens@presidio.com
TO:Collier County
Alien Garcia
3301 Tamiami Trail East. Bldg F
Naples, FL 34112
aliengarcia@colliergov.net
(p) 239-252-5903
Terri Bland Stevens
Amir Wexler
Title:
Inside Sales Rep:
Account Manager:
Collier - Quantum
Customer#:COUNT111
#Part #Description Unit Price Ext PriceQty
Hardware
1 LSC6K-BL00-002C QUANTUM SCALAR I6000 LTO CONTROL MODULE (CM3), NO TAPE
DRIVES, 200 SLOT LICENSE,
1 $27,022.22$27,022.22
2 LSC6K-ATDJ-L8BD SCALAR I6000 AND AEL6000 IBM LTO-8 TAPE 8 $88,206.24$11,025.78
3 LSC6K-ARPS-001G QUANTUM SCALAR I6000 AND AEL6000 CONTROL MODULE (CM3) AND
DRIVE READY EXPANSION
1 $2,380.44$2,380.44
4 9-03735-01 Quantum Fibre Channel Interface Cable, OM3 optical multimode 50 micron,
LC-to-LC, 24.5ft (7.5m)
9 $883.17$98.13
5 LSC6K-ATDJ-L6BD QUANTUM SCALAR I6000 IBM LTO-6 TAPE DRIVE MODULE, 8GB NATIVE
FIBRE CHANNEL, DUAL
1 $7,903.64$7,903.64
6 LSCBB-AKMA-001B SCALAR KEY MANAGER APPLIANCE, MANDATORY 2 $5,333.34$2,666.67
7 LSC6K-AEDL-B8AA SCALAR I6000 AND AEL6000 IBM LTO-8 EDLM 1 $3,552.00$3,552.00
$135,281.05Total (Hardware):
Software
8 LSC2K-APAR-001A QUANTUM SCALAR I2000/I6000 PARTITIONING OPTION LICENSE KEY 1 $2,929.78$2,929.78
9 LSC6K-AQK1-L4HA SCALAR I2000/I6000 SCALAR KEY MANAGER 9 $6,591.96$732.44
10 LSC6K-AEDL-000A QUANTUM SCALAR I6000 ILAYER EDLM LICENSE, SCANNING DRIVES
NOT INCLUDED
1 $3,662.22$3,662.22
$13,183.96Total (Software):
Installation
11 SSC6K-NCMN-0001 SCALAR I6000 CONTROL MODULE, INSTALL, Z1 1 $2,187.89$2,187.89
12 SSC6K-NTDX-0001 SCALAR I2000/I6000, INSTALL,Z1 9 $1,456.02$161.78
13 SSC6K-NRPC-0001 SCALAR I2000/I6000, INSTALL, Z1 1 $243.44$243.44
14 SLBBB-NEK1-0001 QUANTUM ENCRYPTION KEY MANAGEMENT SOLUTION, SINGLE
SERVER/SITE SYSTEM INSTALLATI
1 $1,648.89$1,648.89
$5,536.24Total (Installation):
Hardware Support
15 SSC2K-LS02-CG11 QUANTUM SCALAR I2000/I6000 LIBRARY WITH 200 SLOTS, NO DRIVES,
GOLD SUPPORT PLAN
3
for 12 mo(s)
$13,832.01$4,610.67
16 SLBBN-LTDX-CG11 QUANTUM SCALAR I2000/I6000 LIBRARY, TAPE DRIVE MODULE, GOLD
SUPPORT PLAN (7X24X4
30
for 12 mo(s)
$56,433.90$1,881.13
17 SSC2K-REKM-GL10 SCARI2000 KEY MANGR,GOLD PLAN,RENWL,1YR 27
for 12 mo(s)
$3,780.00$140.00
16.E.2.d
Packet Pg. 2514 Attachment: Presidio Quote - 2001719002017-01.Quantum. 09.04.19 (10658 : Purchase of a New Data Backup System)
2001719002017-01QUOTE:
09/04/2019DATE:
PAGE:2 of 3
$74,045.91Total (Hardware Support):
Professional Services
18 SSC6K-NLHC-SL1A ENTERPRISE LIBRARY HEALTH CHECK, SILVER 3 $14,566.68$4,855.56
$14,566.68Total (Professional Services):
Opex
19 MR-L8MQN-BC CUSTOM BAR CODE LABELED QUANTUM ULTRIUM-8 DATA CARTRIDGE.
12TB NATIVE / 30TB COM
200 $37,778.00$188.89
20 MR-LUCQN-BC Quantum cleaning cartridge, LTO Ultrium Universal, pre-labeled. Must order in
multiples of five.
10 $488.90$48.89
$38,266.90Total (Opex):
Sub Total:$282,667.41
Grand Total:$282,667.41
16.E.2.d
Packet Pg. 2515 Attachment: Presidio Quote - 2001719002017-01.Quantum. 09.04.19 (10658 : Purchase of a New Data Backup System)
2001719002017-01QUOTE:
09/04/2019DATE:
PAGE:3 of 3
Quote valid for 30 days from date shown above. Prices may NOT include all applicable taxes and shipping charges. All prices subject to change without notice. Supply subject to
availability.
This quotation subject to Presidio Standard Terms and Conditions as follows:
Credit: Net 30 Days (all credit terms subject to prior Presidio credit department approval)
The price included herein reflects a 3% discount for payment by cash, check or wire transfer. This discount will not apply in the event that customer pays using a credit card or debit
card.
Client understands and agrees to its obligation, that applicable sales tax will apply to the quoted services on a by site location basis.
Delivery: FOB origin (FOB destination (CONUS) applicable to Federal Government Customers only) Orders shipped from a manufacturer to Presidio at customer request for
warehousing, configuration, storage or otherwise, shall be deemed to have been shipped to customer FOB origin.
Changes to the above Terms and Conditions must be accepted in writing by Presidio Networked Solutions
Preprinted terms appearing on Customer Purchase Orders must be accepted in writing by Presidio Networked Solutions to be applicable.
Size Business: Large; CAGE Code: 0KD05; DUNS 15-405-0959; CEC: 15-506005G; Tax ID# 58-1667655
Product is warranted by the Manufacturer, not by Presidio Networked Solutions. Please consult Manufacturer for warranty terms.
Opened product is non-returnable. Unopened equipment is non-returnable after 30 days from shipment date. Presidio reserves the right to deny RMA requests in the event the
Manufacturer will not provide for an authorized return. If integration of product is performed at a Presidio facility, transfer of ownership occurs as of inception of integration regardless of
shipment terms as manufacturers will not accept return of open product.
Please inspect equipment thoroughly against packing list before opening.
Pricing for Professional Services are best-effort estimates only. Actual pricing will be finalized as part of a mutually-agreeable Statement of Work.
Import Clearance and Documentation - Customer shall be responsible for the Customs clearance process, where applicable, and for obtaining any and all required license and permits as
well as satisfying any formalities required to import the Products into the Territory in accordance with all applicable laws and regulations, including but not limited to the payment of duties,
taxes, surcharges, fees and any special assessments and take all other actions required in connection with the importation and Customs clearance of Products. Customer shall be
responsible for ensuring documentation necessary for the import and Customs clearance process and recordkeeping meets all applicable laws and regulations.
Export Controls - (i) Customer shall comply with all applicable Export Control Laws, including but not limited to the U.S. Department of Commerce’s Export Administration Regulations, in
the performance of this Agreement and in the import, export, re-export, shipment, transfer, use, operation, maintenance, repair or disposal of Products and any related parts, components,
accessories, know-how or technology. “Export Control Laws” means all export control, economic sanction and antiboycott laws and regulations of the United States and other jurisdictions,
including but not limited to the U.S. Export Administration Regulations, the U.S. International Traffic in Arms Regulations and the U.S. Department of Treasury’s economic sanctions
regulations. (ii) Product and any related parts, components, accessories, know-how and technology must not be re-exported or transferred to restricted persons and sanctioned countries
designated by the U.S. Government, including Cuba, Iran, North Korea, Sudan and Syria, unless authorized in advance by the Company and the U.S. Government. (iii) Customer
acknowledge that transfers of Product and any related parts, components, accessories, know-how and technology may be subject to the terms and conditions of an export license, license
exception or other authorization pursuant to Export Control Laws. Customer agree to comply fully with the terms of any licenses, license exceptions or authorizations and to provide
Presidio Networked Solutions access to records needed to confirm such compliance upon request. (iv) Customer further acknowledges that certain Products may contain encryption and
may be restricted for export, re-export, shipment or transfer to government end users in certain countries.
Customer hereby authorizes and agrees to make timely payment for products delivered and services
rendered, including payments for partial shipments
Customer Signature Date
16.E.2.d
Packet Pg. 2516 Attachment: Presidio Quote - 2001719002017-01.Quantum. 09.04.19 (10658 : Purchase of a New Data Backup System)
23775 Mercantile Road
Cleveland, OH 44122-5917
800-932-8273 x103
216-765-0436 Fax
rgrant@disk-o-tape.com
Request ID# Part Number Manufacturer Description Qty. Price Freight Ext. Price
LSC6K-BL00-002C Quantum
Quantum Scalar i6000 LTO Control Module
(CM3), no tape drives, 200 slot license, no
expansion modules 1 $66,752.64 $0.00 $66,752.64
LSC6K-ATDJ-L8BD Quantum
Quantum Scalar i6000 and AEL6000 IBM LTO-8
Tape Drive Module, Full Height, 8Gb Native Fibre
Channel, Dual Port 8 $26,909.28 $0.00 $215,274.24
LSC6K-ARPS-001G Quantum
Quantum Scalar i6000 and AEL6000 Control
Module (CM3) and Drive Ready Expansion
Module (DREM3) Redundant Power (2N)1 $5,901.12 $0.00 $5,901.12
9-03735-01 Quantum
Quantum Fibre Channel Interface Cable, OM3
optical multimode 50 micron, LC-to-LC, 24.5ft
(7.5m)9 $208.44 $0.00 $1,875.96
LSC6K-ATDJ-L6BD Quantum
Quantum Scalar i6000 and AEL6000 IBM LTO-6
Tape Drive Module, Full Height, 8Gb Native Fibre
Channel, Dual Port 1 $19,322.28 $0.00 $19,322.28
LSCBB-AKMA-001B Quantum
Quantum Scalar Key Manager Appliance,
mandatory quantity two 2 $6,596.64 $0.00 $13,193.28
LSC6K-AEDL-B8AA Quantum
Quantum Scalar i6000 and AEL6000 IBM LTO-8
EDLM Scanning Tape Drive 1 $8,748.00 $0.00 $8,748.00
LSC2K-APAR-001A Quantum
Quantum Scalar i6000 Partitioning Option
License Key 1 $7,236.00 $0.00 $7,236.00
LSC6K-AQK1-L4HA Quantum
Quantum Scalar i6000 and AEL6000, Library
Managed Encryption License Key for Scalar Key
Manager (SKM), One-Drive 9 $1,896.48 $0.00 $17,068.32
LSC6K-AEDL-000A Quantum
Quantum Scalar i6000 iLayer EDLM License,
Scanning Drives Not Included 1 $9,015.84 $0.00 $9,015.84
SSC6K-NCMN-0001 Quantum
Quantum Scalar i6000 Control Module, Onsite
Installation and Configuration, zone 1 1 $2,546.64 $0.00 $2,546.64
SSC6K-NTDX-0001 Quantum
Quantum Scalar i2000/i6000 and AEL6000 Tape
Drive Module, Onsite Installation and
Configuration, zone 1 10 $295.92 $0.00 $2,959.20
SSC6K-NRPC-0001 Quantum
Quantum Scalar i2000/i6000 and AEL6000
Control Module and Drive Ready Expansion
Module Redundant (2N) Power Supply, Onsite
Installation, zone 1 1 $386.64 $0.00 $386.64
SLBBB-NEK1-0001 Quantum
Quantum Scalar Key Manager (SKM), Single
Server/Site System Installation and Configuration,
zone 1 1 $1,948.32 $0.00 $1,948.32
SSC2K-LS02-CG11 Quantum
Quantum Scalar i2000/i6000 Library with 200
Slots, No Drives; Support Plan, Gold (7x24x4
CRU); Uplift, annual, zone 1 3 $9,720.00 $0.00 $29,160.00
SLBBN-LTDX-CG11 Quantum
Quantum Scalar i2000/i6000 and AEL6000, Tape
Drive Module; Support Plan, Gold (7x24x4 CRU);
Uplift, annual, zone 1 30 $4,034.88 $0.00 $121,046.40
SSC2K-REKM-GL10 Quantum
Quantum Scalar i2000/i6000/AEL6000 Encryption
Key Manager Solution, per drive; Software
Support Plan, Gold (7x24TS); Uplift/Renewal,
annual, all zones 27 $424.44 $0.00 $11,459.88
SSC6K-NLHC-SL1A Quantum
Quantum Library Health Check, Silver (monthly
remote log reviews), for Scalar i500, i2000,
Scalar i6000, StorNext AEL500 or StorNext AEL
6000; Miscellaneous Support, Fee; annual
subscription 3 $4,587.84 $0.00 $13,763.52
MR-L8MQN-BC Quantum
Quantum data cartridge, LTO Ultrium 8 (LTO-8),
pre-labeled 200 $132.85 $0.00 $26,570.00
MR-LUCQN-BC Quantum
Quantum cleaning cartridge, LTO Ultrium
Universal, pre-labeled. Must order in multiples of
five.10 $38.88 $0.00 $388.80
$547,658.28
Purchase Order Only
Free ground freight
16.E.2.e
Packet Pg. 2517 Attachment: Disk-O-Tape Quote - Collier County Quantum Scalar i6000 - Garcia (10658 : Purchase of a New Data Backup System)
ORIGINAL
Code Zero Technologies
P.O. Box 3188
Suwanee, GA 30024-3188
(770)294-6557
dreddaway@codezerotech.com
www.codezerotech.com
Estimate
ADDRESS
Alien Garcia
Collier County
8075 Lely Cultural Parkway,
Suite 217
Naples, FL 34133
SHIP TO
Alien Garcia
Collier County
8075 Lely Cultural Parkway,
Suite 217
Naples, FL 34133
ESTIMATE #1731
DATE 09/03/2019
DESCRIPTION QTY PRICE AMOUNT
i6K System Hardware 1 0.00 0.00
Quantum Scalar i6000 LTO Control Module (CM3), no tape drives, 200
slot license, no expansion modules
1 76,000.00 76,000.00T
Quantum Scalar i6000 and AEL6000 IBM LTO-8 Tape Drive Module, Full Height, 8Gb Native Fibre Channel, Dual Port 8 31,010.00 248,080.00T
Quantum Scalar i6000 and AEL6000 Control Module (CM3) and Drive Ready Expansion Module (DREM3) Redundant Power (2N)1 6,695.00 6,695.00T
Quantum Fibre Channel Interface Cable, OM3 optical multimode 50
micron, LC-to-LC, 24.5 ft (7.5 m)
9 276.00 2,484.00T
Quantum Scalar i6000 and AEL6000 IBM LTO-6 Tape Drive Module, Full Height, 8Gb Native Fibre Channel, Dual Port 1 22,229.00 22,229.00T
Quantum Scalar Key Manager Appliance, mandatory quantity two 1 7,500.00 7,500.00T
Quantum Scalar i6000 and AEL6000 IBM LTO-8 EDLM Scanning Tape Drive 1 9,990.00 9,990.00T
Subtotal: 372,978.00
System software 1 0.00 0.00
Quantum Scalar i6000 Partitioning Option License Key 1 8,240.00 8,240.00T
Quantum Scalar i6000 and AEL6000, Library Managed Encryption
License Key for Scalar Key Manager (SKM), One-Drive
9 2,060.00 18,540.00T
Quantum Scalar i6000 iLayer EDLM License, Scanning Drives Not Included 1 10,300.00 10,300.00T
Subtotal: 37,080.00
Installation Services 1 0.00 0.00
Installation services 1 7,326.00 7,326.00
Subtotal: 7,326.00
Maintenance and health Check For System 1 0.00 0.00
Three Year 7x24x4 CRU Support for above configuration 1 158,670.00 158,670.00
Quantum Library Health Check, Silver (monthly remote log reviews), for Scalar i500, i2000, Scalar i6000, StorNext AEL500 or StorNext AEL
6000; Miscellaneous Support, Fee; annual subscription
3 4,600.00 13,800.00
Subtotal: 172,470.00
OPEX 1 0.00 0.00
Quantum data cartridge, LTO Ultrium 8 (LTO-8), pre-labeled 200 180.00 36,000.00T
"Quantum cleaning cartridge, LTO Ultrium Universal, (NAM/EMEA)For all LTO tape drives. *minimum order is 5, and multiples of 5*"10 59.75 597.50T
Subtotal: 36,597.50
Complete SYEM Discount as Shown Above -1 18,793.55 -18,793.55T
16.E.2.f
Packet Pg. 2518 Attachment: Code Zero Quote - Estimate_1731_from_Code_Zero_Technologies (10658 : Purchase of a New Data Backup System)
ORIGINAL
This information is confidential and proprietary to Code Zero
Technologies, LLC and is not to be released outside customer's
organization.
The Customer is responsible for sales tax, freight, transportation,
and insurance, if applicable.
Payment terms for product delivery are independent from service
delivery payment terms. Products will be paid for upon delivery.
Service Delivery Payment Terms shall be defined in a separate
scope of work. If no scope of work is provided, Service Payment
terms are based on Product Payment terms.
Prices are valid for 30 days unless otherwise indicated.
Call for a quote on leasing the above equipment. All sales and
leasing quotes are subject to credit approval.
SUBTOTAL 607,657.95
TAX 0.00
TOTAL $607,657.95
Accepted By Accepted Date
16.E.2.f
Packet Pg. 2519 Attachment: Code Zero Quote - Estimate_1731_from_Code_Zero_Technologies (10658 : Purchase of a New Data Backup System)
@@@@@ 20$POUSBDUSFOFXBMBUUBDIFE saraschneeberge
r@colliergov.net
Digitally signed by
saraschneeberger@colliergov.net
DN:
cn=saraschneeberger@colliergov.net
Date: 2018.06.05 14:09:41 -04'00'
16.E.2.g
Packet Pg. 2520 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2521 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
AMENDMENT NO.: 2 - Renewal
Participating Addendum
Alternate Contract Source No.: 43230000-NASPO-16-ACS
Contract Name: Software Value Added Reseller
SVAR Page 1 of 2
ACS No.: 43230000-NASPO-16-ACS
This Amendment (“Amendment”), effective April 8, 2019, to the Software Value Added Reseller
(SVAR) Participating Addendum No. 43230000-NASPO-16-ACS (“Contract”), between the State
of Florida, Department of Management Services (“Department”) and SHI International Corp.
(“Contractor”) are collectively referred to herein as the “Parties.” All capitalized terms used
herein shall have the meaning assigned to them in the Participating Addendum unless
otherwise defined herein.
WHEREAS the Parties agreed that the Contract may be amended by mutual agreement as
provided in section II (d). “Amendments” of the Contract;
WHEREAS the Parties agreed that the Contract may be renewed as provided in section 2.2
“Renewal” of Exhibit A of the Contract; and
THEREFORE, in consideration of the mutual promises contained below, and other good and
valuable consideration, receipt, and sufficiency of which are hereby acknowledged, the Parties
agree to the following:
I.Contract Amendment. The Contract is amended to replace Exhibit A: Florida General
Contract Conditions in the Contract with the Special Contract Conditions attached to this
Amendment, and to replace Exhibit B Florida Special Contract Conditions with the Additional
Special Contract Conditions attached to this amendment. The Additional Special Contract
Conditions and the new Special Contract Conditions shall be first and second, respectively, in
the order of precedence in the resolution of conflict among the documents which embody the
Contract. All references in the contract preceding this amendment to “Florida General Contract
Conditions” shall be replaced with “Special Contract Conditions. All references in the contract
preceding this amendment to “Florida Special Contract Conditions” shall be replaced with
“Additional Special Contract Conditions.”
II.Contract Renewal. The Contract is hereby renewed for a period of one (1) year, with a new
contract expiration date of April 7, 2020, under the same terms and conditions, except as
amended herein.
III.Conflict. To the extent any of the terms of this Amendment conflict with the terms of the
Contract, the terms of this Amendment shall control.
IV.Warranty of Authority. Each person signing this Amendment warrants that he or she is
duly authorized to do so and to bind the respective party.
16.E.2.g
Packet Pg. 2522 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
SVAR Page 1 of 2
ACS No.: 43230000-NASPO-16-ACS
AMENDMENT NO.: 2 - Renewal
Participating Addendum
Alternate Contract Source No.: 43230000-NASPO-16-ACS
Contract Name: Software Value Added Reseller
V. Effect. Unless otherwise modified by this Amendment, all terms and conditions
contained in the Contract shall continue in full force and effect.
State of Florida: Contractor:
Department of Management Services SHI International Corp.
By: _____________________________ By: _____________________________
Name: David Clark____ Name: __________________
Title: Chief of Staff____ Title: __________________
Date: ______________ Date: ______________
16.E.2.g
Packet Pg. 2523 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2524 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
1
EXHIBIT A: SPECIAL CONTRACT CONDITIONS
Table of Contents
SECTION 1. DEFINITION. ................................................................................................ 2
SECTION 2. CONTRACT TERM AND TERMINATION. ................................................... 2
SECTION 3. PAYMENT AND FEES. ................................................................................ 3
SECTION 4. CONTRACT MANAGEMENT. ..................................................................... 4
SECTION 5. COMPLIANCE WITH LAWS. ....................................................................... 6
SECTION 6. MISCELLANEOUS. ...................................................................................... 8
SECTION 7. WORKERS’ COMPENSATION AND GENERAL LIABILITY INSURANCE,
AND INDEMNIFICATION .................................................................................................. 9
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT
AND INTELLECTUAL PROPERTY. ............................................................................... 10
SECTION 9. DATA SECURITY AND SERVICES. .......................................................... 12
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. .......................... 14
SECTION 11. CONTRACT MONITORING. .................................................................... 14
SECTION 12. CONTRACT AUDITS. ………………………………………………………..16
SECTION 13. BACKGROUND SCREENING AND SECURITY. .................................... 17
SECTION 14. INFORMATION TECHNOLOGY. ............................................................. 18
In accordance with Rule 60A-1.002(5), F.A.C., Form PUR 1000 is included
herein by reference, but is superseded in its entirety by these Special
Contract Conditions.
16.E.2.g
Packet Pg. 2525 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
2
SECTION 1. DEFINITION.
The following definition applies in addition to the definitions in Chapter 287, Florida
Statutes, (F.S.) and rule Chapter 60A-1, Florida Administrative Code (F.A.C.):
1.1 Customer.
The agency or eligible user that purchases commodities or contractual services pursuant
to the Contract.
SECTION 2. CONTRACT TERM AND TERMINATION.
2.1 Initial Term.
The initial term will begin on the date set forth in the Contract documents or on the date
the Contract is signed by all Parties, whichever is later.
2.2 Renewal.
Upon written agreement, the Department and the Contractor may renew the Contract in
whole or in part only as set forth in the Contract documents, and in accordance with
section 287.057(13), F.S.
2.3 Suspension of Work and Termination.
2.3.1 Suspension of Work.
The Department may, at its sole discretion, suspend any or all activities under the
Contract, at any time, when it is in the best interest of the State of Florida to do so. The
Customer may suspend a resulting contract or purchase order, at any time, when in the
best interest of the Customer to do so. The Department or Customer will provide the
Contractor written notice outlining the particulars of suspension. Examples of a reason
for suspension include, but are not limited to, budgetary constraints, declaration of
emergency, or other such circumstances. After receiving a suspension notice, the
Contractor must comply with the notice and will cease the activities associated with any
active or new purchase orders. Within ninety (90) calendar days, or any longer period
agreed to by the Contractor, the Department or Customer will either (1) issue a notice
authorizing resumption of work, at which time activity will resume, or (2) terminate the
Contract or purchase order. Suspension of work will not entitle the Contractor to any
additional compensation.
2.3.2 Termination for Convenience.
The Contract may be terminated by the Department in whole or in part at any time, in the
best interest of the State of Florida. If the Contract is terminated before performance is
completed, the Contractor will be paid only for that work satisfactorily performed for
which costs can be substantiated. Such payment, however, may not exceed an amount
which is the same percentage of the Contract price as the amount of work satisfactorily
performed. All work in progress will become the property of the Customer and will be
turned over promptly by the Contractor.
2.3.3 Termination for Cause.
If the performance of the Contractor is not in compliance with the Contract requirements
or the Contractor has defaulted, the Department may: (a) immediately terminate the
16.E.2.g
Packet Pg. 2526 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
3
Contract; (b) notify the Contractor of the noncompliance or default and require correction
within a specified time, otherwise the Contract will terminate at the end of such time; or
(c) take other action deemed appropriate by the Department.
SECTION 3. PAYMENT AND FEES.
3.1 Pricing.
The Contractor will not exceed the pricing set forth in the Contract documents.
3.2 Price Decreases.
The following price decrease terms will apply to the Contract:
(a) Preferred Pricing. Consistent with the goals of section 216.0113, F.S., Contractor
acknowledges and recognizes that the Department wants to take advantage of any
improvements in pricing over the course of the Contract period. To that end, the pricing
indicated in this Contract is a maximum guarantee under the terms of this
clause. Contractor’s pricing will not exceed the pricing offered under comparable
contracts. Comparable contracts are those which are similar in size, scope, and terms.
Contractor must annually submit an affidavit from an authorized representative attesting
that the Contract is in compliance with this clause.
(b) Sales Promotions. In addition to decreasing prices for the balance of the Contract
term due to a change in market conditions, the Contractor may conduct sales
promotions involving price reductions for a specified lesser period. The Contractor must
submit documentation identifying the proposed (1) starting and ending dates of the
promotion, (2) commodities or contractual services involved, and (3) promotional prices
compared to then-authorized prices.
3.3 Payment Invoicing.
The Contractor will be paid upon submission of invoices to the Customer after delivery
and acceptance of commodities or contractual services is confirmed by the Customer.
Invoices must contain detail sufficient for an audit and contain the Contract Number and
the Contractor’s Federal Employer Identification Number.
3.4 Purchase Order.
A Customer may use purchase orders to buy commodities or contractual services
pursuant to the Contract. If applicable, the Contractor must provide commodities or
contractual services pursuant to purchase orders. The purchase order period of
performance survives the expiration of the Contract. The duration of purchase orders
must not exceed the expiration of the Contract by more than twelve (12) months.
3.5 Travel.
Travel expenses are not reimbursable unless specifically authorized by the Customer in
writing, and may be reimbursed only in accordance with section 112.061, F.S.
3.6 Annual Appropriation.
Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an
agency for the purchase of services or tangible personal property for a period in excess
16.E.2.g
Packet Pg. 2527 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
4
of one fiscal year, the State of Florida’s performance and obligation to pay under the
Contract is contingent upon an annual appropriation by the Legislature.
3.7 Transaction Fees.
The State of Florida, through the Department of Management Services, has instituted
MyFloridaMarketPlace, a statewide eProcurement system pursuant to section
287.057(22), F.S. All payments issued by Customers to registered Vendors for
purchases of commodities or contractual services will be assessed Transaction Fees as
prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law.
Vendors must pay the Transaction Fees and agree to automatic deduction of the
Transaction Fees when automatic deduction becomes available. Vendors will submit any
monthly reports required pursuant to the rule. All such reports and payments will be
subject to audit. Failure to comply with the payment of the Transaction Fees or reporting
of transactions will constitute grounds for declaring the Vendor in default and subject the
Vendor to exclusion from business with the State of Florida.
3.8 Taxes.
Taxes, customs, and tariffs on commodities or contractual services purchased under the
Contract will not be assessed against the Customer unless authorized by Florida law.
3.9 Return of Funds.
Contractor will return any overpayments due to unearned funds or funds disallowed
pursuant to the terms of the Contract that were disbursed to the Contractor. The
Contractor must return any overpayment within forty (40) calendar days after either
discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the overpayment.
SECTION 4. CONTRACT MANAGEMENT.
4.1 Composition and Priority.
The Contractor agrees to provide commodities or contractual services to the Customer
as specified in the Contract. Additionally, the terms of the Contract supersede the terms
of any and all prior agreements between the Parties.
4.2 Notices.
All notices required under the Contract must be delivered to the designated Contract
Manager by certified mail, return receipt requested; reputable air courier service; email;
personal delivery; or as otherwise identified by the Department.
4.3 Department’s Contract Manager.
The Department’s Contract Manager, who is primarily responsible for the Department’s
oversight of the Contract, will be provided in a separate writing to the Contractor upon
Contract signing in the following format:
Jane Doe
Address
Telephone #
Email
16.E.2.g
Packet Pg. 2528 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
5
In the event that the Department changes the Contract Manager, the Department will
notify the Contractor. Such a change does not require an amendment to the Contract.
4.4 Contractor’s Contract Manager.
The Contractor’s Contract Manager, who is primarily responsible for the Contractor’s
oversight of the Contract performance, will be provided in a separate writing to the
Department upon Contract signing in the following format:
Jane Doe
<Insert Contractor name>
<Insert Contractor’s physical address>
Telephone: (XXX) 555-XXXX
Email: jane.doe@business.gmail.com
In the event that the Contractor changes its Contract Manager, the Contractor will notify
the Department. Such a change does not require an amendment to the Contract.
4.5 Diversity Reporting.
The State of Florida supports its diverse business community by creating opportunities
for woman-, veteran-, and minority-owned small business enterprises to participate in
procurements and contracts. The Department encourages supplier diversity through
certification of woman-, veteran-, and minority-owned small business enterprises, and
provides advocacy, outreach, and networking through regional business events. For
additional information, please contact the Office of Supplier Diversity (OSD) at
osdinfo@dms.myflorida.com.
Upon request, the Contractor will report to the Department its spend with business
enterprises certified by the OSD. These reports must include the time period covered,
the name and Federal Employer Identification Number of each business enterprise
utilized during the period, commodities and contractual services provided by the
business enterprise, and the amount paid to the business enterprise on behalf of each
Department purchasing under the Contract.
4.6 RESPECT.
Subject to the agency determination provided for in section 413.036, F.S., the following
statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE
SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413,
FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME
PROCEDURES SET FORTH IN SECTION 413.036(1) AND (2), FLORIDA STATUTES;
AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER
BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL
BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS
DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED.
16.E.2.g
Packet Pg. 2529 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
6
Additional information about RESPECT and the commodities or contractual services it
offers is available at http://www.respectofflorida.org.
4.7 PRIDE.
Subject to the agency determination provided for in sections 287.042(1) and 946.515,
F.S., the following statement applies:
IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE
THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE
PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S.,
IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN
SECTION 946.515(2) AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE
PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS
OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS
AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED.
Additional information about PRIDE and the commodities or contractual services it offers
is available at http://www.pride-enterprises.org.
SECTION 5. COMPLIANCE WITH LAWS.
5.1 Conduct of Business.
The Contractor must comply with all laws, rules, codes, ordinances, and licensing
requirements that are applicable to the conduct of its business, including those of
federal, state, and local agencies having jurisdiction and authority. For example, the
Contractor must comply with section 274A of the Immigration and Nationality Act, the
Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if
applicable, and all prohibitions against discrimination on the basis of race, religion, sex,
creed, national origin, handicap, marital status, or veteran’s status.
Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a)-
(c), and (g), F.S., are hereby incorporated by reference, to the extent applicable.
5.2 Dispute Resolution, Governing Law, and Venue.
Any dispute concerning performance of the Contract shall be decided by the
Department's designated Contract Manager, who will reduce the decision to writing and
serve a copy on the Contractor. The decision of the Contract Manager shall be final and
conclusive. Exhaustion of this administrative remedy is an absolute condition precedent
to the Contractor's ability to pursue legal action related to the Contract or any other form
of dispute resolution. The laws of the State of Florida govern the Contract. The Parties
submit to the jurisdiction of the courts of the State of Florida exclusively for any legal
action related to the Contract. Further, the Contractor hereby waives any and all
privileges and rights relating to venue it may have under Chapter 47, F.S., and any and
all such venue privileges and rights it may have under any other statute, rule, or case
law, including, but not limited to those based on convenience. The Contractor hereby
submits to venue in the county chosen by the Department.
16.E.2.g
Packet Pg. 2530 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
7
5.3 Department of State Registration.
Consistent with Chapters 605 through 623, F.S., the Contractor and any subcontractors
that assert status, other than a sole proprietor, must provide the Department with
conclusive evidence of a certificate of status, not subject to qualification, if a Florida
business entity, or of a certificate of authorization if a foreign business entity.
5.4 Suspended, Convicted and Discriminatory Vendor Lists.
In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate
who is on the Suspended Vendor List, Convicted Vendor List or the Discriminatory
Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant
under the Contract. The Contractor must notify the Department if it or any of its
suppliers, subcontractors or consultants have been placed on the Suspended Vendor
List, Convicted Vendor List or the Discriminatory Vendor List during the term of the
Contract.
5.5 Scrutinized Companies—Termination by the Department.
The Department may, at its option, terminate the Contract if the Contractor is found to
have submitted a false certification as provided under section 287.135(5), F.S., or been
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in
business operations in Cuba or Syria, or to have been placed on the Scrutinized
Companies that Boycott Israel List or is engaged in a boycott of Israel.
5.6 Cooperation with Inspector General and Records Retention.
Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the
Contractor, understand and will comply with their duty to cooperate with the Inspector
General in any investigation, audit, inspection, review, or hearing. Upon request of the
Inspector General or any other authorized State official, the Contractor must provide any
information the Inspector General deems relevant to the Contractor's integrity or
responsibility. Such information may include, but will not be limited to, the Contractor's
business or financial records, documents, or files of any type or form that refer to or
relate to the Contract. The Contractor will retain such records for five years after the
expiration of the Contract, or the period required by the General Records Schedules
maintained by the Florida Department of State, at the Department of State’s Records
Management website, whichever is longer. The Contractor agrees to reimburse the
State of Florida for the reasonable costs of investigation incurred by the Inspector
General or other authorized State of Florida official for investigations of the Contractor's
compliance with the terms of this or any other agreement between the Contractor and
the State of Florida which results in the suspension or debarment of the Contractor.
Such costs will include, but will not be limited to: salaries of investigators, including
overtime; travel and lodging expenses; and expert witness and documentary fees.
5.7 Inspection.
Section 215.422, F.S., provides that agencies have five (5) working days, unless the
contract specifies otherwise, to inspect and approve commodities or contractual
services. Items may be tested for compliance with specifications. Items delivered not
conforming to specifications may be rejected and returned at the Contractor’s expense.
Interest penalties for late payment are also limited according to section 215.422, F.S.
16.E.2.g
Packet Pg. 2531 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
8
SECTION 6. MISCELLANEOUS.
6.1 Subcontractors.
The Contractor will not subcontract any work under the Contract without prior written
consent of the Department. The Contractor is fully responsible for satisfactory
completion of all its subcontracted work. The Department supports diversity in its
procurements and contracts, and requests that Contractor offer subcontracting
opportunities to certified woman-, veteran-, and minority-owned small businesses. The
Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on
certified small business enterprises available for subcontracting opportunities.
6.2 Assignment.
The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations
under the Contract without the prior written consent of the Department. However, the
Contractor may waive its right to receive payment and assign same upon notice to the
Department. In the event of any assignment, the Contractor remains responsible for
performance of the Contract, unless such responsibility is expressly waived by the
Department. The Department may assign the Contract with prior written notice to the
Contractor.
6.3 Independent Contractor.
The Contractor and its employees, agents, representatives, and subcontractors are
independent contractors and not employees or agents of the Department and are not
entitled to State of Florida benefits. The Department will not be bound by any acts or
conduct of the Contractor or its employees, agents, representatives, or subcontractors.
The Contractor agrees to include this provision in all of its subcontracts under the
Contract.
6.4 Risk of Loss.
Matters of inspection and acceptance are addressed in section 215.422, F.S. Until
acceptance, risk of loss or damage will remain with the Contractor. The Contractor will
be responsible for filing, processing, and collecting all damage claims. To assist the
Contractor with damage claims, the Customer will: record any evidence of visible
damage on all copies of the delivering carrier’s Bill of Lading; report damages to the
carrier and the Contractor; and provide the Contractor with a copy of the carrier’s Bill of
Lading and damage inspection report. When a Customer rejects a commodity,
Contractor will remove the commodity from the premises within ten (10) calendar days
after notification of rejection, and the risk of loss will remain with the Contractor.
Commodities not removed by the Contractor within ten (10) calendar days will be
deemed abandoned by the Contractor and the Customer will have the right to dispose of
such commodities. Contractor will reimburse the Customer for costs and expenses
incurred in storing or effecting removal or disposition of rejected commodities.
6.5 Safety Standards.
Performance of the Contract for all commodities or contractual services must comply
with requirements of the Occupational Safety and Health Act and other applicable State
of Florida and federal requirements.
16.E.2.g
Packet Pg. 2532 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
9
6.6 Ombudsman.
A Vendor Ombudsman has been established within the Department of Financial
Services. The duties of this office are found in section 215.422, F.S., which include
disseminating information relative to prompt payment and assisting contractors in
receiving their payments in a timely manner from a Customer. The Vendor Ombudsman
may be contacted at (850) 413-5516.
6.7 Time is of the Essence.
Time is of the essence regarding each and every obligation of the Contractor under the
Contract. Each obligation is deemed material, and a breach of any such obligation
(including a breach resulting from untimely performance) is a material breach.
6.8 Waiver.
The delay or failure by the Department or the Customer to exercise or enforce any rights
under the Contract will not constitute waiver of such rights.
6.9 Modification and Severability.
The Contract may only be modified by written agreement between the Department and
the Contractor. Should a court determine any provision of the Contract is invalid, the
remaining provisions will not be affected, and the rights and obligations of the Parties will
be construed and enforced as if the Contract did not contain the provision held invalid.
6.10 Cooperative Purchasing.
Agencies wishing to make purchases under this Contract are required to follow the
requirements of section 287.042(16) or 287.057(3) (b), F.S., and rule 60A-1.045, F.A.C.
These provisions require the Department to determine that the requesting agency’s use
of the Contract is cost-effective and in the best interest of the State.
Pursuant to their own governing laws, and subject to the agreement of the Contractor,
government entities may make purchases under the terms and conditions contained
herein, if agreed to by Contractor. Non-Customer purchases are independent of the
Contract between the Department and the Contractor. The Department is not a party to
any transaction between the Contractor and any purchaser.
SECTION 7. WORKERS’ COMPENSATION AND GENERAL LIABILITY INSURANCE,
AND INDEMNIFICATION
7.1 Workers’ Compensation Insurance.
To the extent required by law, the Contractor must be self-insured against, or must
secure and maintain during the life of the contract, Worker’s Compensation Insurance for
all its employees connected with the work of this project, and in case any work is
subcontracted, the Contractor must require the subcontractor similarly to provide
Worker’s Compensation Insurance for all of the latter’s employees unless such
employees engaged in work under the resulting contract are covered by the Contractor’s
insurance program. Self-insurance or insurance coverage must comply with the Florida
Worker’s Compensation law. In the event hazardous work is being performed by the
Contractor under the resulting contract and any class of employees performing the
hazardous work is not protected under Worker’s Compensation statutes, the Contractor
16.E.2.g
Packet Pg. 2533 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
10
must provide, and cause each subcontractor to provide adequate insurance satisfactory
to the Department for the protection of employees not otherwise protected.
7.2 General Liability Insurance.
The Contractor must secure and maintain Commercial General Liability Insurance,
including bodily injury, property damage, products, personal & advertising injury, and
completed operations. This insurance must provide coverage for all claims that may
arise from the services and/or operations completed under the Contract, whether such
services or operations are by the Contractor or anyone directly or indirectly employed by
them. Such insurance must include the State of Florida as an additional named insured
for the entire length of the resulting contract. The Contractor is responsible for
determining the minimum limits of liability necessary to provide reasonable financial
protections to the Contractor and the State of Florida under the resulting contract.
All insurance policies must be with insurers licensed or eligible to transact business in
the State of Florida. The Contractor must submit via email, to the Department’s contract
manager, insurance certificates evidencing such insurance coverage prior to execution
of a contract with the Department and provide Department notice of any cancellation or
nonrenewal at least ten (10) calendar days prior to cancellation or nonrenewal.
7.3 Indemnification.
To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and
hold the Department, the Customer, and the State of Florida, its officers, employees, and
agents harmless from all fines, claims, assessments, suits, judgments, or damages,
including consequential, special, indirect, and punitive damages, including court costs
and attorney’s fees, arising from or relating to violation or infringement of a trademark,
copyright, patent, trade secret, or intellectual property right or out of any acts, actions,
breaches, neglect, or omissions of the Contractor, its employees, agents,
subcontractors, assignees, or delegates related to the Contract, as well as for any
determination arising out of or related to the Contract that the Contractor or Contractor’s
employees, agents, subcontractors, assignees, or delegates are not independent
contractors in relation to the Department. The Contract does not constitute a waiver of
sovereign immunity or consent by the Department or the State of Florida or its
subdivisions to suit by third parties. Without limiting this indemnification, the Department
or Customer may provide the Contractor (1) written notice of any action or threatened
action, (2) the opportunity to take over and settle or defend any such action at
Contractor’s sole expense, and (3) assistance in defending the action at Contractor’s
sole expense.
SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT
AND INTELLECTUAL PROPERTY.
8.1 Public Records.
The Department may unilaterally cancel this Contract for refusal by the Contractor to
comply with this section by not allowing access to all public records, as defined in
Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with
the Contract.
16.E.2.g
Packet Pg. 2534 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
11
Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor
acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following
applies:
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 THE TELEPHONE NUMBER, EMAIL
ADDRESS AND MAILING ADDRESS PROVIDED IN THE
RESULTING CONTRACT OR PURCHASE ORDER.
Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor
acting on behalf of a public agency as defined in section 119.011(2), F.S., the
Contractor shall:
(a) Keep and maintain public records required by the public agency to perform the
service.
(b) Upon request from the public agency’s custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, F.S., or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure are not disclosed except as authorized by law for the duration of the
contract term and following the completion of the Contract if the contractor does not
transfer the records to the public agency.
(d) Upon completion of the Contract, transfer, at no cost, to the public agency all public
records in possession of the Contractor or keep and maintain public records required by
the public agency to perform the service. If the contractor transfers all public records to
the public agency upon completion of the contract, the contractor shall destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the contractor keeps and maintains public records upon
completion of the contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency’s custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
8.2 Protection of Trade Secrets or Confidential Information.
If the Contractor considers any portion of materials made or received in the course of
performing the Contract (“contract-related materials”) to be trade secret under section
688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the
Contractor must clearly designate that portion of the materials as trade secret or
otherwise confidential when submitted to the Department. The Contractor will be
responsible for responding to and resolving all claims for access to contract-related
materials it has designated trade secret or otherwise confidential.
16.E.2.g
Packet Pg. 2535 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
12
If the Department is served with a request for discovery of contract-related materials
designated by the Contractor as trade secret or otherwise confidential, the Contractor
will be responsible for filing the appropriate motion or objection in response to the
request for discovery. The Department will provide materials designated trade secret or
otherwise confidential if the Contractor fails to take appropriate and timely action to
protect the materials designated as trade secret or otherwise confidential.
The Contractor will protect, defend, indemnify, and hold harmless the Department for
claims, costs, fines, and attorney’s fees arising from or relating to its designation of
contract-related materials as trade secret or otherwise confidential.
8.3 Document Management.
The Contractor must retain sufficient documentation to substantiate claims for payment
under the Contract and all other records, electronic files, papers and documents that
were made in relation to this Contract. Contractor must retain all documents related to
the Contract for five (5) years after expiration of the Contract, or, if longer, the period
required by the General Records Schedules maintained by the Florida Department of
State available at the Department of State’s Records Management website.
8.4 Intellectual Property.
Unless specifically addressed in the Contract, intellectual property rights to all property
created or otherwise developed by the Contractor for the Department or the Customer
will be owned by the State of Florida at the completion of the Contract.
Any inventions or discoveries developed in the course of or as a result of services
performed under the Contract which are patentable pursuant to 35 U.S.C. § 101 are the
sole property of the State of Florida. Contractor must inform the Customer of any
inventions or discoveries developed or made in connection with the Contract and will be
referred to the Florida Department of State for a determination on whether patent
protection will be sought for the invention or discovery. The State of Florida will be the
sole owner of any and all patents resulting from any invention or discovery made in
connection with this contract.
Contractor must notify the Department or State of Florida of any publications, artwork, or
other copyrightable works developed in connection with the Contract. All copyrights
created or developed in connection with the Contract are the sole property of the State
of Florida.
SECTION 9. DATA SECURITY AND SERVICES.
9.1 Duty to Provide Secure Data.
The Contractor will maintain the security of State of Florida data including, but not limited
to, a secure area around any displayed visible data. The Contractor will also comply with
all HIPAA requirements and any other state and federal rules and regulations regarding
security of information.
9.2 Warranty of Security.
Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform
any of the services from outside of the United States, and the Contractor will not allow
16.E.2.g
Packet Pg. 2536 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
13
any State of Florida data to be sent by any medium, transmitted, or accessed outside of
the United States.
The Contractor agrees that a violation of items listed above will result in immediate and
irreparable harm to the Customer and will entitle the Customer to a credit as provided in
the Contract documents. This credit is intended only to cover the Customer’s internal
staffing and administrative costs as well as the diminished value of services provided
under the Contract and will not preclude the Customer from recovering other damages it
may suffer as a result of such violation. For purposes of determining the damages due
hereunder, a group of violations relating to a common set of operative facts (e.g., same
location, same time period, same off-shore entity) will be treated as a single event. A
violation of this provision will also entitle the Customer to recover any damages arising
from a breach of this section and constitutes an event of default.
The Contractor must notify the Department and the Customer as soon as possible, in
accordance with the requirements of section 501.171, F.S., if applicable, and in all
events within one (1) business day in the event Contractor discovers any data is
breached, any unauthorized access of data occurs (even by persons or companies with
authorized access for other purposes), any unauthorized transmission of data occurs, or
of any credible allegation or suspicion of a material violation of the above. This
notification is required regardless of the number of persons or type of data affected. The
notification must be clear and conspicuous and include a description of the following:
(a) The incident in general terms.
(b) The type of information that was subject to the unauthorized access and acquisition.
(c) The type and number of entities who were, or potentially have been affected by the
breach.
(d) The actions taken by the Contractor to protect the data from further unauthorized
access. However, the description of those actions in the written notice may be general
so as not to further increase the risk or severity of the breach.
9.3 Remedial Measures.
Upon becoming aware of an alleged security breach, Contractor’s Contract Manager
must set up a conference call with the Department’s and the Customer’s Contract
Manager. The conference call invitation must contain a brief description of the nature of
the event. When possible, a thirty (30)-minute notice will be given to allow Department
personnel to be available for the call. If the designated time is not practical for the
Customer, an alternate time for the call will be scheduled. Contractor must share all
available information on the call. The Contractor must answer all questions based on the
information known at that time and answer additional questions as additional information
becomes known. The Contractor must provide the Department and the Customer with
final documentation of the incident including all actions that took place. If the Contractor
becomes aware of a security breach or security incident outside of normal business
hours, the Contractor must notify the Department’s and the Customer’s Contract
Manager and in all events, within one business day.
16.E.2.g
Packet Pg. 2537 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
14
9.4 Indemnification (Breach of Warranty of Security).
The Contractor agrees to defend, indemnify, and hold harmless the Department, the
Customer, and the State of Florida, its officers, directors, and employees for any claims,
suits, or proceedings related to a breach of the Warranty of Security. The Contractor will
include credit monitoring services at its own cost for those individuals affected or
potentially affected by a breach of this warranty for a two-year period of time following
the breach.
9.5 Annual Certification.
The Contractor is required to submit an annual certification demonstrating compliance
with the Warranty of Security to the Department by December 31 of each Contract year.
SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS.
10.1 Gratuities.
The Contractor will not, in connection with this Contract, directly or indirectly (1) offer,
give, or agree to give anything of value to anyone as consideration for any State of
Florida officer or employee’s decision, opinion, recommendation, vote, other exercise of
discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone
anything of value for the benefit of, or at the direction or request of, any State of Florida
officer or employee.
10.2 Lobbying.
In accordance with sections 11.062 and 216.347, F.S., Contract funds are not for the
purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to
subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying
the executive or legislative branch concerning the scope of services, performance, term,
or compensation regarding the Contract, after the Contract execution and during the
Contract’s term.
10.3 Communications.
Contractor shall not, without first notifying the Department’s Contract Manager and
securing the Department’s prior written consent, make public statements which concern
the Contract or its subject matter, disclose or permit disclosure of any data or information
obtained or furnished in accordance with the Contract, or use any statement attributable
to the Department or its employees. Public statements include press releases, publicity
releases, promotions, marketing materials, corporate communications, or other similar
communications. The Department’s written consent shall not be construed to supersede
or waive the Contract requirements imposed on the Contractor to maintain confidential
information.
SECTION 11. CONTRACT MONITORING.
11.1 Performance Standards.
The Contractor agrees to perform all tasks and provide deliverables as set forth in the
Contract. The Department and the Customer will be entitled at all times, upon request, to
be advised as to the status of work being done by the Contractor and of the details
thereof.
16.E.2.g
Packet Pg. 2538 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
15
11.2 Performance Deficiencies and Financial Consequences of Non-Performance.
In addition to the processes set forth in the Contract (e.g., service level agreements), if
the Department determines that there is a performance deficiency that requires
correction by the Contractor, then the Department will notify the Contractor. The
correction must be made within a time-frame specified by the Department. The
Contractor must provide the Department with a corrective action plan describing how the
Contractor will address all performance deficiencies identified by the Department.
If the corrective action plan is unacceptable to the Department, or implementation of the
plan fails to remedy the performance deficiencies, the Department will retain ten percent
(10%) of the total invoice amount. The retainage will be withheld until the Contractor
resolves the performance deficiencies. If the performance deficiencies are resolved, the
Contractor may invoice the Department for the retained amount. If the Contractor fails to
resolve the performance deficiencies, the retained amount will be forfeited in order to
compensate the Department for the performance deficiencies.
11.3 Liquidated Damages.
The Contractor will promptly notify the Department or the Customer upon becoming
aware of any circumstances that may reasonably be expected to jeopardize the timely
and successful completion (or delivery) of any commodity or contractual service. The
Contractor will use commercially reasonable efforts to avoid or minimize any delays in
performance and will inform the Department or the Customer of the steps the Contractor
is taking or will take to do so, and the projected actual completion (or delivery) time. If
the Contractor believes a delay in performance by the Department or the Customer has
caused or will cause the Contractor to be unable to perform its obligations on time, the
Contractor will promptly so notify the Department and use commercially reasonable
efforts to perform its obligations on time notwithstanding the Department’s delay.
The Contractor acknowledges that untimely performance or other material
noncompliance will damage the Department, but by their nature such damages are
difficult to ascertain. Accordingly, the liquidated damages provisions stated in the
Contract documents will apply. Liquidated damages are not intended to be a penalty and
are solely intended to compensate for damages.
11.4 Force Majeure, Notice of Delay, and No Damages for Delay.
The Contractor will not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the Contractor or its employees or agents
contributed to the delay and the delay is due directly to fire, explosion, earthquake,
windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism,
civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly
beyond the Contractor’s reasonable control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the Contractor.
The foregoing does not excuse delay which could have been avoided if the Contractor
implemented any risk mitigation required by the Contract. In case of any delay the
Contractor believes is excusable, the Contractor will notify the Department in writing of
the delay or potential delay and describe the cause of the delay either (1) within ten (10)
calendar days after the cause that creates or will create the delay first arose, if the
Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is
16.E.2.g
Packet Pg. 2539 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
16
not reasonably foreseeable, within five (5) calendar days after the date the Contractor
first had reason to believe that a delay could result. The foregoing will constitute the
Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict
accordance with this paragraph is a condition precedent to such remedy. No claim for
damages will be asserted by the Contractor. The Contractor will not be entitled to an
increase in the Contract price or payment of any kind from the Department for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay, disruption,
interference, or hindrance from any cause whatsoever. If performance is suspended or
delayed, in whole or in part, due to any of the causes described in this paragraph, after
the causes have ceased to exist the Contractor will perform at no increased cost, unless
the Department determines, in its sole discretion, that the delay will significantly impair
the value of the Contract to the State of Florida or to Customers, in which case the
Department may (1) accept allocated performance or deliveries from the Contractor,
provided that the Contractor grants preferential treatment to Customers with respect to
commodities or contractual services subjected to allocation, or (2) purchase from other
sources (without recourse to and by the Contractor for the related costs and expenses)
to replace all or part of the commodity or contractual services that are the subject of the
delay, which purchases may be deducted from the Contract quantity, or (3) terminate the
Contract in whole or in part.
SECTION 12. CONTRACT AUDITS.
12.1 Performance or Compliance Audits.
The Department may conduct or have conducted performance and/or compliance audits
of the Contractor and subcontractors as determined by the Department. The Department
may conduct an audit and review all the Contractor’s and subcontractors’ data and
records that directly relate to the Contract. To the extent necessary to verify the
Contractor’s fees and claims for payment under the Contract, the Contractor’s
agreements or contracts with subcontractors, partners or agents of the Contractor,
pertaining to this Contract, may be inspected by the Department upon fifteen (15)
calendar days’ notice, during normal working hours and in accordance with the
Contractor’s facility access procedures where facility access is required. Release
statements from its subcontractors, partners or agents are not required for the
Department or its designee to conduct compliance and performance audits on any of the
Contractor’s contracts relating to this Contract. The State of Florida’s Chief Financial
Officer and the Office of the Auditor General also have authority to perform audits and
inspections.
12.2 Payment Audit.
Records of costs incurred under terms of the Contract will be maintained in accordance
with section 8.3 of these Special Contract Conditions. Records of costs incurred will
include the Contractor’s general accounting records, together with supporting documents
and records of the Contractor and all subcontractors performing work, and all other
records of the Contractor and subcontractors considered necessary by the Department,
State of Florida’s Chief Financial Officer or the Office of the Auditor General.
16.E.2.g
Packet Pg. 2540 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
17
SECTION 13. BACKGROUND SCREENING AND SECURITY.
13.1 Background Check.
The Department may require the Contractor and its employees, agents, representatives,
and subcontractors to provide fingerprints and be subject to such background checks as
directed by the Department. The cost of the background checks will be borne by the
Contractor. The Department may require the Contractor to exclude the Contractor’s
employees, agents, representatives or subcontractors based on the background check
results. In addition, the Contractor must ensure that all persons have a responsibility to
self-report to the Contractor within three (3) calendar days any arrest for any
disqualifying offense. The Contractor must notify the Contract Manager within twenty-
four (24) hours of all details concerning any reported arrest. The Contractor will ensure
that all background screening will be refreshed upon the request of the Department for
each person during the term of the Contract.
13.2 E-Verify.
In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S.
Department of Homeland Security’s E-Verify system to verify the employment eligibility
of all new employees hired during the term of the Contract for the services specified in
the Contract. The Contractor must also include a requirement in subcontracts that the
subcontractor must utilize the E-Verify system to verify the employment eligibility of all
new employees hired by the subcontractor during the Contract term. In order to
implement this provision, the Contractor must provide a copy of its DHS Memorandum of
Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract
execution. If the Contractor is not enrolled in DHS E-Verify System, it will do so within
five (5) calendar days of notice of Contract award, and provide the Contract Manager a
copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify
is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the
Contractor must provide a statement within five (5) calendar days to the Contract
Manager identifying the new hire with its E-Verify case number.
13.3 Disqualifying Offenses.
If at any time it is determined that a person has been found guilty of a misdemeanor or
felony offense as a result of a trial or has entered a plea of guilty or nolo contendere,
regardless of whether adjudication was withheld, within the last six (6) years from the
date of the court’s determination for the crimes listed below, or their equivalent in any
jurisdiction, the Contractor is required to immediately remove that person from any
position with access to State of Florida data or directly performing services under the
Contract. The disqualifying offenses are as follows:
(a) Computer related crimes
(b) Information technology crimes;
(c) Fraudulent practices;
(d) False pretenses;
(e) Frauds;
16.E.2.g
Packet Pg. 2541 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
18
(f) Credit card crimes;
(g) Forgery;
(h) Counterfeiting;
(i) Violations involving checks or drafts;
(j) Misuse of medical or personnel records; and
(k) Felony theft.
13.4 Confidentiality.
The Contractor must maintain confidentiality of all confidential data, files, and records
related to the services and/or commodities provided pursuant to the Contract and must
comply with all state and federal laws, including, but not limited to sections 381.004,
384.29, 392.65, and 456.057, F.S. The Contractor’s confidentiality procedures must be
consistent with the most recent version of the Department security policies, protocols,
and procedures. The Contractor must also comply with any applicable professional
standards with respect to confidentiality of information.
SECTION 14. INFORMATION TECHNOLOGY.
The following applies to all contracts for information technology commodities and
contractual services. “Information technology” is defined in section 287.012(15), F.S., to
have the same meaning as provided in section 282.0041, F.S.
14.1 Limitation of Liability.
For all claims against the Contractor under any contract or purchase order, and regardless
of the basis on which the claim is made, the Contractor’s liability under a contract or
purchase order for direct damages shall be limited to the greater of $250,000, the dollar
amount of the contract or purchase order, or two times the charges rendered by the
Contractor under the purchase order. This limitation shall not apply to claims arising under
the Indemnity paragraph contained in this agreement.
Unless otherwise specifically enumerated in the Contract or in the purchase order, no party
shall be liable to another for special, indirect, punitive, or consequential damages, including
lost data or records (unless the contract or purchase order requires the Contractor to
backup data or records), even if the party has been advised that such damages are
possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating
savings. The State and Department may, in addition to other remedies available to them at
law or equity and upon notice to the Contractor, retain such monies from amounts due to
the Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and
the like asserted by or against them. The State may set off any liability or other obligation of
the Contractor or its affiliates to the State against any payments due to the Contractor
under any contract with the State.
16.E.2.g
Packet Pg. 2542 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
19
14.2 Information Technology Standards.
Pursuant to sections 282.0051 and 282.318, F.S., the Agency for State Technology (AST)
is to establish standards for the implementation and management of information technology
resources. Vendors agree to cooperate with the agency in furtherance of its efforts to
comply with AST standards, established in Title 74, F.A.C., as applicable.
16.E.2.g
Packet Pg. 2543 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
Page 1 of 5
EXHIBIT B
ADDITIONAL SPECIAL CONTRACT CONDITIONS
Section 1 Scope
All products and services offered under this addendum must be in compliance with the Master
Agreement scope. Failure to adhere to Master Agreement scope, may result in addendum
termination and the reimbursement of reprocurement costs in accordance to 60A-1.006 F.A.C.
Section 2 Delays and Complaints
Delivery delays and service complaints will be monitored on a continual basis. Documented
inability to perform under the conditions of the contract, via the established Complaint to Vendor
process (PUR 7017 form), may result in default proceedings and cancellation.
Section 3 Contract Reporting
The Contractor shall report information on orders received from state agencies and eligible users
associated with this contract.
No favorable action will be considered for any contractor who has outstanding Contract Quarterly
Sales Reports, MFMP Transaction Fee Reports, or any other documentation, to include fees /
monies that is required under this Contract.
The Contractor shall submit reports in accordance with the following schedule:
Report Period
Covered Due Dates
MFMP Transaction Report Calendar
month
15th calendar day of the month following
the receipt of payment for the vendor’s
good or services.
Contract Quarterly Sales
Report
State’s
Fiscal
Quarter
10 calendar days after close of the period
Savings / Price
Reductions
Annual 10 business days after each action that
adjusts prices
Diversity Report
(submitted to the
Customer)
State Fiscal
Year
10 business days after close of the period
Preferred Pricing Affidavit Annual Contract anniversary date
A. MFMP Transaction Fee Report
The Contractor is required to submit monthly Transaction Fee Reports in the Department’s
electronic format. Reports are due 15 calendar days after the end of the reporting period. For
information on how to submit Transaction Fee Reports online, please reference the detailed fee
16.E.2.g
Packet Pg. 2544 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
Page 2 of 5
reporting instructions and Vendor training presentations available online at the Transaction Fee
Reporting and Vendor Training subsections under Vendor on the MFMP website: MFMP
Transaction Fee and Reporting. Assistance is also available with the Transaction Fee Reporting
System from the MFMP Customer Service Desk by email at
feeprocessing@myfloridamarketplace.com or telephone 866-FLA-EPRO (866-352-3776) from
8:00 a.m. to 6:00 p.m. Eastern Time.
B. Quarterly Sales Report
The Contractor agrees to submit a Quarterly Sales Report to the Department’s Contract Manager
within 10 calendar days after the close of each State Fiscal quarter (September 30, December 31,
March 31, and June 30).
Quarterly Reporting periods should coincide with the contract term and should begin the quarter
following contract execution. Reports must be submitted in MS Excel format. The report will
include all sales (orders) from state agencies and eligible users received (associated with this
contract) during the period. Initiation and submission of the Quarterly Report is the responsibility of
the Contractor without prompting or notification from the Department’s Contract Manager. If no
orders are received during the period, the Contractor must submit a report stating that there was
no activity. If the Contractor fails to submit two consecutive quarterly sales reports, the Contract
may be terminated for convenience or the Department may choose to not renew the Contract.
The Contractor shall report to each Customer (ordering entity), spend with certified and other
minority business enterprises. These reports shall include the period covered, the name, minority
code and Federal Employer Identification Number of each minority business utilized during the
period, commodities and services provided by the minority business enterprise, and the amount
paid to each minority business on behalf of each purchasing agency ordering under the terms of
this Contract.
In addition, the Department may require additional Contract sales information such as copies of
purchase orders, or ad hoc sales reports. The Contractor shall submit these specific ad hoc
requests within the specified amount of time as requested by the Department.
Quarterly reporting timeframes coincide with the State Fiscal Year as follows:
Quarter 1 - (July-September) – due 10 calendar days after close of the period
Quarter 2 - (October-December) – due 10 calendar days after close of the period
Quarter 3 - (January-March) – due 10 calendar days after close of the period
Quarter 4 - (April-June) – due 10 calendar days after close of the period
Section 4 Pricing
No Price Increases will be considered for any contractor who has outstanding Sales Reports,
MFMP Transaction or reports, or any other documentation that is required under this
Agreement.
16.E.2.g
Packet Pg. 2545 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
Page 3 of 5
Section 5 Business Review Meetings
The Department reserves the right to schedule business review meetings as frequently as
necessary. The Department will provide the format for the Contractor’s agenda. Prior to the
meeting, the Contractor shall submit the completed agenda to the Department for review and
acceptance. The Contractor shall address the agenda items and any of the Department’s
additional concerns at the meeting. Failure to comply with this section may result in the
Contractor being found in default and contract termination.
Section 6 Punch-out Catalog and Electronic Invoicing
The Contractor will be required to provide an MFMP punch-out catalog. The punch-out catalog
provides an alternative mechanism for suppliers to offer the State of Florida access to products
awarded under the Contract. The punch-out catalog also allows for direct communication
between the MFMP eProcurement System and a supplier’s Enterprise Resource Planning
(ERP) system, which can reflect real-time product inventory/availability information.
Through utilization of the punch-out catalog model, a Florida buyer will “punch out” to a
supplier’s website. Using the search tools on the supplier’s Florida punch-out catalog site, the
user selects the desired products and services. When complete, the user exits the supplier’s
punch-out catalog site and the shopping cart (full of products and services) is “brought back” to
MFMP. No orders are sent to a supplier when the user exits the supplier’s punch-out catalog
site. Instead, the chosen products and services are “brought back” to MFMP as Contract line
items. The user can then proceed through the normal workflow steps, which may include
adding/editing the products to a requisition or a purchase order. An order is not submitted to a
supplier until the buyer actually adds the line items to a requisition and the purchase order is
approved and sent to the supplier.
At the State's option, the Contractor holds the option to invoice electronically pursuant to
guidelines of the Department of Management Services. Electronic invoices will be submitted to
the agency through the Ariba Network (AN) in one of three mechanisms as listed below. The
Contractors may select the method that best meets their capabilities from the following list:
• cXML (commerce eXtensible Markup Language)
• This standard establishes the data contents required for invoicing via cXML within the context
of an electronic environment. This transaction set can be used for invoicing via the Ariba
Network (AN) for catalog and non-catalog products and services. The cXML format is the Ariba
preferred method for eInvoicing.
• EDI (Electronic Data Interchange)
• This standard establishes the data contents of the Invoice Transaction Set (810) for use within
the context of an Electronic Data Interchange (EDI) environment. This transaction set can be
used for invoicing via the AN, for catalog and non-catalog products and services.
• PO Flip via AN
• The online process allows suppliers to submit invoices via the AN, for catalog and non-catalog
products and services. Suppliers have the ability to create an invoice directly from their Inbox in
their AN account by simply “flipping” the PO into an invoice. This option does not require any
special software or technical capabilities.
16.E.2.g
Packet Pg. 2546 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
Page 4 of 5
For the purposes of this section, the Contractor warrants and represents that it is authorized
and empowered to and hereby grants the State and the third-party provider of MFMP, a State
Contractor, the right and license to use, reproduce, transmit, distribute, and publicly display
within the system the information outlined above. In addition, the Contractor warrants and
represents that it is authorized and empowered to and hereby grants the State and the third-
party provider the right and license to reproduce and display within the system the Contractor’s
trademarks, system marks, logos, trade dress, or other branding designation that identifies the
products made available by the Contractor under the Contract.
The Contractor will work with the MFMP management team to obtain specific requirements for
the punch-out catalog and electronic invoicing.
Section 7 Financial Consequences
The following financial consequences will apply for nonperformance of the contract by a
Contractor. The State reserves the right to withhold payment or implement other appropriate
remedies, such as contract termination or nonrenewal, when the Contractor has failed to
perform/comply with provisions of the Contract. These consequences for non-performance are
not to be considered penalties.
The financial consequences will be paid via check or money order and made out to the
Department of Management Services in US Dollars within 30 calendar days after the required
report submission date. These consequences are individually assessed for failures over each
target period beginning with the first full month or quarter of the contract performance and every
quarter thereafter.
Performance
Metrics Description Frequency
Financial Consequences
Trigger for Non-
Performance Per Day
Late
Submission of
complete and
accurate Contract
Quarterly Sales
Report
Submit Quarterly
Sales Report 10
calendar days
after close of the
period
Each
quarter
$250
Submission of
complete and
accurate Contract
Monthly
Transaction Fee
Report
Submit Monthly
Transaction Fee
Report 15
calendar days
after close of the
period
Each
month
$100
16.E.2.g
Packet Pg. 2547 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Alternate Contract Source
No. 43230000-NASPO-16-ACS
SVAR
Page 5 of 5
Section 8 Modifications to Exhibit A- Special Contract Conidtions
A. Section 3.9, Return of Funds, is hereby replaced with the following:
Contractor will at the election of the Customer return or issue a credit memo for any verified
overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract
that were disbursed to the Contractor. The Contractor must return or issue a credit memo, at
the Customer’s election, within forty (40) calendar days after the verification of overpayment
after discovery by the Contractor, its independent auditor, or notification by the Department or
Customer of the verified overpayment.
B. Section 7.3, Indemnification, is hereby replaced with the following:
The terms and conditions of section 14, Indemnification, of the Master Agreement shall govern
for purchases made under the Participating Addendum.
The Contract does not constitute a waiver of sovereign immunity or consent by the Department
or the State of Florida or its subdivisions to suit by third parties.
C. Section 11.2, Performance Deficiencies and Financial Consequences of Non-
Performance, is hereby replaced with the following:
In addition to the processes set forth in the Contract (e.g., service level agreements), the
Contractor has agreed to financial consequences for performance deficiencies in Section 7 of
Exhibit B to this Contract.
16.E.2.g
Packet Pg. 2548 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Skip to Main Content
Department of Management Services
Florida Department of Management Services > Business Operations > State Purchasing > State Contracts
and Agreements > Alternate Contract Source > Software Value Added Reseller (SVAR)
<< Return
Software Value Added Reseller (SVAR)43230000-NASPO-16-ACS-SVAR
Contract Details
Effective
Period 12/06/2016 through 04/07/2019
Contract Type Alternate Contract Source
Contract
Information
•Pricing
•Contractors
How To Use This Contract
Frequently Asked Questions
TIPS- Authorized Dealers and Resellers
Authorized Dealers and Resellers Form
Contract
Documents
Participating Addenda
Master Agreements
Amendments and Memorandums
Contract
Administration
•Gerriod Griffin
• 850-487-9847
•Gerriod.Griffin@dms.myflorida.com
Commodity
Codes
UNSPSC-43230000, UNSPSC-43231500, UNSPSC-43231501, UNSPSC-43231507,
UNSPSC-43231508, UNSPSC-43231513, UNSPSC-43231517, UNSPSC-43231602,
UNSPSC-43232200, UNSPSC-43232300, UNSPSC-43232301, UNSPSC-43232304,
UNSPSC-43232305, UNSPSC-43232306, UNSPSC-43232311, UNSPSC-43232314,
UNSPSC-43232400, UNSPSC-43232401, UNSPSC-43232403, UNSPSC-43232407,
UNSPSC-43232500, UNSPSC-43232502, UNSPSC-43232700, UNSPSC-43232701,
UNSPSC-43232702, UNSPSC-43232705, UNSPSC-43232900, UNSPSC-43232901
Additional Information
NASPO ValuePoint Link
Customers interested in Carahsoft Products please use ACS 252-GSA, GSA Schedule 70 - Information
Technology Equipment, Software & Services, specifically GS-35F-0119Y.
Description
This Alternate contract Source includes commercial off-the-shelf software, Software maintenance &
support, basic installation/De-installation, training, value-added services, and mainframe-related services.
The awarded vendors will also honor existing volume and enterprise license agreements. Maintenance and
support packages will be offered on licenses already owned by agencies or other users.
Benefits
• Wide variety of software and services
• Best in class pricing
•Statewide coverage
• Pre-Sale Advisement services provided at no charge
Page 1 of 3Software Value Added Reseller (SVAR) / Alternate Contract Source / State Contracts and...
6/5/2018https://www.dms.myflorida.com/business_operations/state_purchasing/state_contracts_and_...
16.E.2.g
Packet Pg. 2549 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
Skip to Main Content
Department of Management Services
Florida Department of Management Services > Business Operations > State Purchasing > State
Purchasing Service Updates > CONTRACT RENEWAL: Software Value Added Reseller (SVAR) (43230000-
NASPO-16-ACS)
CONTRACT RENEWAL: Software Value Added Reseller (SVAR)
(43230000-NASPO-16-ACS)
Posted: 04/09/2018
Edited: 04/09/2018
CONTRACT RENEWAL: Software Value Added Reseller (SVAR) (43230000-
NASPO-16-ACS)
Message
The Division of State Purchasing is pleased to announce that, effective April 8, 2018, the alternate
contract source for Software Value Added Reseller (SVAR) (43230000-NASPO-16-ACS) will be renewed
for one (1) year through April 7, 2019. If you have any questions or require assistance, please contact
the contract manager listed on the contract webpage.
Link: Software Value Added Reseller (SVAR) (43230000-NASPO-16-ACS)
Page 1 of 2CONTRACT RENEWAL: Software Value Added Reseller (SVAR) (43230000-NASPO-...
6/5/2018https://www.dms.myflorida.com/business_operations/state_purchasing/state_purchasing_ser...
16.E.2.g
Packet Pg. 2550 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2551 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2552 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2553 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2554 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2555 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2556 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2557 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2558 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2559 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2560 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2561 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2562 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2563 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2564 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2565 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2566 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2567 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2568 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2569 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)
16.E.2.g
Packet Pg. 2570 Attachment: NASPO - 81Piggyback-StateContract (10658 : Purchase of a New Data Backup System)