FL - Cape Coral: STRATEGIC PLANNING MEETING

Get alerted when your passions are being discussed in Cape Coral, Lee County and more for free

Issues discussed this meeting include:

Get Alerts On New Meetings
Sign Up
When and Where is the Next Meeting?
[ See More ]

STRATEGIC PLANNING MEETING

Mayor Joe Coviello Council Members District 1: John Gunter District 2: John M. Carioscia Sr. District 3: Marilyn Stout District 4: Jennifer I. Nelson District 5: Dave Stokes District 6: Richard Williams District 7: Jessica Cosden

1015 Cultural Park Blvd. Cape Coral, FL City Manager John Szerlag City Attorney Dolores Menendez
Tagged Passions:legal, administrator, manager, council, and parks

City Auditor Andrea R. Butola

City Clerk Rebecca van Deutekom
Tagged Passions:audit

AGENDA FOR THE REGULAR MEETING OF THE CAPE CORAL CITY COUNCIL

Tagged Passions:council

PLEDGE OF CIVILITY We will be respectful of each other even when we disagree.

We will direct all comments to the issues. We will avoid personal attacks.

1.
MEETING CALLED TO ORDER

No additional detail provided

A.
MAYOR COVIELLO

No additional detail provided

2.
INVOCATION/MOMENT OF SILENCE

No additional detail provided

A.
COUNCILMEMBER WILLIAMS

No additional detail provided

3.
PLEDGE OF ALLEGIANCE

No additional detail provided

A.
MECAES VUTSINAS - DIPLOMAT ELEMENTARY

No additional detail provided

Tagged Passions:education

4.
ROLL CALL

No additional detail provided

A.
MAYOR COVIELLO, COUNCIL MEMBERS CARIOSCIA, COSDEN, GUNTER, NELSON, STOKES, STOUT, WILLIAMS

No additional detail provided

Tagged Passions:council

5.
CHANGES TO AGENDA/ADOPTION OF AGENDA

No additional detail provided

6.
RECOGNITIONS/ACHIEVEMENTS

No additional detail provided

Tagged Passions:recognition

A.
Recognition for Leadership Efforts by Senator Benacquisto and Representative Eagle during the 2018 Legislative Session and Appreciation for supporting the City's Appropriation requests.

No additional detail provided

Tagged Passions:recognition and funding

7.
APPROVAL OF MINUTES

No additional detail provided

A.
Strategic Planning Meeting - March 20, 2018 B. Regular Meeting - April 2, 2018

No additional detail provided

Tagged Passions:strategic and planning

8.
BUSINESS

No additional detail provided

Tagged Passions:business

A.
PUBLIC COMMENT - CONSENT AGENDA

A maximum of 60 minutes is set for input of citizens on matters concerning the Consent Agenda; 3 minutes per individual.

B.
CONSENT AGENDA

(1) Resolution 69-18 Approve Contract PB-CW18-63/AP piggybacking the State of Florida Department of Management Services Participating addendum 43190000-18-NASPO- ACS-1 awarded to Motorola Solutions, Inc. via the lead agency, State of Washington Contract/NASPO Master Agreement 06913 for the purchase of Portable Radios, Mobile Radios, and accessories, at the unit price awarded, not to exceed budgetary limits; And authorize the City Manager, or designee, to sign the contract, amendments and any renewals. The contract was competitively solicited and awarded; Department: Police/Fire; Estimated Annual Dollar Value 90,000; (General Fund) (2) Resolution 70-18 Approve piggybacking Fresno Unified School District Agreement 17-21 with Interline Brands dba SupplyWorks for the purchase of Cleaning Supplies, Equipment and Custodial Related Products to include Paper Goods, at the unit prices bid, at an estimated annual cost of 204,000 not to exceed budgetary limits, and authorize the City Manager or Designee to execute the contract, amendments and any renewals; Citywide: Lead Department Public Works/Facilities; Dollar Value: 204,000; (General Fund)
Tagged Passions:contract, budget, administrator, rfp, education, RFP, manager, public safety, purchasing, services, Public Works, radio, equipment, Enhanced 911, and public works

(3) Resolution 76-18 Approval of a Local Agency Program Agreement between the Florida Department of Transportation and the City of Cape Coral for the construction of a sidewalk on both sides of Andalusia Boulevard between Pine Island Road and Diplomat Parkway; Department: Public Works; Dollar Value: N/A; (Fund: N/A - FDOT Grant 125,000)

Tagged Passions:streets, Public Works, Pedestrian, construction, program, grant, transportation, and public works

(4) Resolution 77-18 Approval of a Local Agency Program Agreement Between the Florida Department of Transportation and the City of Cape Coral for the construction of sidewalks on the south side of Tropicana Parkway from Burnt Store Road to Chiquita Boulevard; Department: Public Works; Dollar Value: N/A; (Fund: N/A - FDOT Grant 478,081)

Tagged Passions:streets, commercial, Public Works, Pedestrian, construction, program, grant, transportation, and public works

(5) Informed Consent/Potential Conflict of Interest for the Law Firm of Manson Bolves Donaldson Varn; Department: City Attorney; Dollar Value; N/A; (Fund: N/A)

(6) Resolution 84-18 FDEP Settlement Agreement-Hurricane Irma; Department: Utilities; Dollar Amount: 500; (Water and Sewer Fund)
Tagged Passions:legal, Utility, settlement, utility, sewer, and water

(7) Resolution 87-18 Approve the Waiver of the Procurement

Tagged Passions:purchasing

Procedures for the Security Measures Capital Purchases identified for the Charter School, authorize the use of undesignated reserves and authorize the City Manager or Designee to execute the contract, amendment, renewals and any other related documents; Department: Police Department; Estimated Dollar Value: 530,650; (Undesignated Reserves)

Tagged Passions:contract, administrator, education, manager, public safety, purchasing, Charter Schools, Tony Taylor Custom, procedure, security, and charter schools

C.
CITIZENS INPUT TIME

A maximum of 60 minutes is set for input of citizens on matters concerning the City Government to include Resolutions appearing in sections other than Consent Agenda or Public Hearing; 3 minutes per individual.

Tagged Passions:hearing

D.
PERSONNEL ACTIONS

(1) Selection of Legislative Executive Assistant to Council (2) Resolution 78-18 Approval for the addition of a second Deputy Chief position in June 2018; Department: Police Department; Dollar Value: 55,820; (General Fund)

Tagged Passions:personnel, public safety, council, and selection

E.
PETITIONS TO COUNCIL

No additional detail provided

Tagged Passions:council

(1) Request to Waive Delinquent Water Bill From Prior Owner

No additional detail provided

Tagged Passions:Utility, utility, and water

F.
APPOINTMENTS TO BOARDS / COMMITTEES / COMMISSIONS

(1) Cape Coral Youth Council - 3 of 7 Vacancies

Tagged Passions:boards and commissions, appointments, council, and youth

9.
ORDINANCES/RESOLUTIONS

No additional detail provided

Tagged Passions:ordinance

A.
Public Hearings

(1) Resolution 64-18 (VP 17-0014*) Public Hearing *Quasi-Judicial, All Persons Testifying Must be Sworn In WHAT THE RESOLUTION ACCOMPLISHES: A resolution providing for the vacation of plat for a portion of Eternity Canal right-of-way and the underlying public utility and drainage easements located adjacent to property located at 2730 SW 51st Street; providing for the vacation of plat for public utility and drainage easements associated with the property located at 2730 SW 51st Street. (Applicant: Roy and Marilyn Dirkmaat) Hearing Examiner Recommendation: The Hearing Examiner recommends that City Council approve the application for the requested vacations, subject to the conditions set forth in VP HEX Recommendation 4-2018. City Management Recommendation: City Management recommends approval.
Tagged Passions:streets, hearing, property, council, Utility, watershed, easement, utility, zoning, and stormwater

(2) Ordinance 24-18 (AX 17-0002) Public Hearing WHAT THE ORDINANCE ACCOMPLISHES: An ordinance providing for the annexation of a tract of land lying

in Sections 17, 20 and 21, Township 43 South, Range 23 East, Lee County, Florida; providing for the redefinition of City boundaries. (Applicant: GA-Pinnacle Cape Coral, LLC)

Tagged Passions:hearing, annexation, and ordinance

(3) Ordinance 29-18 Public Hearing WHAT THE ORDINANCE ACCOMPLISHES: An ordinance amending Ordinance 54-17, which adopted the City of Cape Coral Operating Budget, Revenues and Expenditures, and Capital Budget for Fiscal Year 2018, by increasing total Revenues and Expenditures by a total of 7,460,181. (Applicant: Brought forward by City Management.)

No additional detail provided

Tagged Passions:hearing, budget, and ordinance

(4) Ordinance 31-18 (VP 17-0011*) Public Hearing *Quasi-Judicial, All Persons Testifying Must be Sworn In WHAT THE ORDINANCE ACCOMPLISHES: An ordinance providing for the release of the Right-of-Way Easement within the Quitclaim Deed recorded in Official Record Book 2443, Pages 778-782 of the Public Records of Lee County; providing for the vacation of plat for a portion of Eternity Canal Right-of-Way and the underlying public utility and drainage easements located adjacent to the property located at 2802 SW 51st Street; providing for the vacation of plat for public utility and drainage easements associated with the property located at 2802 SW 51st Street. (Applicant: Steward Gibboney IV) Hearing Examiner Recommendation: The Hearing Examiner recommends that City Council approve the application for the requested vacations, subject to the conditions set forth in VP HEX Recommendation 3-2018. City Management Recommendation: City Management recommends approval.

No additional detail provided

Tagged Passions:streets, hearing, property, ordinance, council, Utility, watershed, public records, easement, utility, zoning, and stormwater

B.
Introductions

No additional detail provided

(1) Ordinance 26-18 Set Public Hearing for May 7, 2018 WHAT THE ORDINANCE ACCOMPLISHES: The ordinance amends Chapter 2, Administration, Article VI, Pensions, Division 2, Firefighter Pension of the Code of Ordinances, to amend Sections 2-122.1, Definitions; 2-122.6, Benefit Amounts and Eligibility; 2-122.8, Disability; 2-122.9, Vesting; 2-122.10, Optional Forms of Benefits; 2-122.15, Maximum Pension; 2-122.27, Deferred Retirement Option Plan (DROP); 2-122.28, Prior Fire Service; 2-122.29, Reemployment after Retirement; and establishing Section 2- 122.30, Defined Contribution Component (Share Plan). (Applicant: Brought forward by City Management)

No additional detail provided

Tagged Passions:disability, hearing, ordinance, retirement, seniors, and fire departments and districts

(2) Ordinance 27-18 Set Public Hearing for May 7, 2018 WHAT THE ORDINANCE ACCOMPLISHES: The ordinance amends the Code of Ordinances, Chapter 2, Administration, Article VI, Pensions, Division 1, Police Pension, to

amend Section 2-121.1, Definitions; Section 2-1214, Finances and Fund Management; Establishment and Operation of Fund; Section 2-121.6, Benefit Amounts and Eligibility; Section 2-121.9, Vesting; Section 2-121.10, Optional Forms of Benefits; Section 2-121.15, Maximum Pension; Section 2-121.27, Deferred Retirement Option Plan (DROP); Section 2-121.28, Prior Police Service; and Section 2-121.9, Reemployment after Retirement. (Applicant: Brought forward by City Management)

Tagged Passions:hearing, public safety, ordinance, retirement, finance, and seniors

(3) Ordinance 28-18 Set Public Hearing for May 7, 2018 WHAT THE ORDINANCE ACCOMPLISHES: The ordinance amends the Code of Ordinances, Chapter 2, Administration, Article VI, Pensions, Division 3, General Employees Pension, to amend Section 2-123.1, Definitions; Section 2-123.4, Finances and Fund Management; Establishment and Operation of Fund; Section 2-123.6, Benefit Amounts and Eligibility; Section 2-123.7, Death Benefits; Section 2-123.8, Optional Forms of Benefits; Section 2-123.9, Vesting; Section 2- 123.13, Maximum Pension; Section 2-123.24, Deferred Retirement Option Plan (DROP); Section 2-123.25, Purchase of Nonqualified Service Credit; Section 2-123.26, Prior Government Service; and Section 2-123.27, Reemployment After Retirement. (Applicant: Brought forward by City Management)

No additional detail provided

Tagged Passions:hearing, purchasing, ordinance, retirement, finance, and seniors

(4) Ordinance 32-18 Set Public Hearing Date for May 14, 2018 WHAT THE ORDINANCE ACCOMPLISHES: An ordinance amending Cape Coral Code of Ordinances, Chapter 23, Protected Species, Article I, Bald Eagle Protection, to amend definitions; to reduce the size of the Eagle Nest Management Zone; to provide that any development, other than a single-family home or duplex within an Eagle Nest Management Zone shall require the submission of an Eagle Nest Management Plan; to reduce the distance from an active eagle nest prohibiting any development to occur during nesting period; to provide for removal of nest trees if authorized by federal permits; to update the Monitoring Protocol to the current United States Fish and Wildlife Service Bald Eagle Monitoring Guidelines dated September 2007. (Applicant: Brought forward by City Management)

No additional detail provided

Tagged Passions:hearing, ordinance, development, trees, and Development

(5) Ordinance 33-18 Set Public Hearing for May 7, 2018 WHAT THE ORDINANCE ACCOMPLISHES: The ordinance amends the Code of Ordinances, Chapter 12,

Offenses and Miscellaneous Provisions, by establishing Article XII, Parking on Public Property, to provide regulations for parking trailers in City-owned or controlled parking lots in the South Cape Downtown District. (Applicant: Brought forward by Councilmember Gunter)

Tagged Passions:hearing, property, ordinance, downtown, parking, and regulation

10.
UNFINISHED BUSINESS

No additional detail provided

Tagged Passions:business

A.
Water Quality - Update B. Follow Up Items for Council C. Resolution 5-18 Interlocal agreement between the Green Corridor

Property Assessment Clean Energy (PACE) District and the City of Cape Coral; Department: Community Development; Dollar Value: N/A; (Fund: N/A)

Tagged Passions:property, council, Utility, development, corridor, clean energy, energy, environment, Development, utility, community development, and water

D.
Resolution 80-18 Membership Agreement between the Florida Resiliency and Energy District and the City of Cape Coral; Department: Community Development; Dollar Value: N/A; (Fund: N/A)

No additional detail provided

Tagged Passions:development, energy, Development, and community development

E.
Resolution 81-18 Interlocal Agreement between Florida Green Finance Authority and the City of Cape Coral; Department: Community Development; Dollar Value: N/A; (Fund: N/A)

No additional detail provided

Tagged Passions:development, Development, finance, and community development

F.
Resolution 82-18 Interlocal Subscription Agreement between the City of Cape Coral and Florida PACE Funding Agency; Department: Community Development; Dollar Value: N/A; (Fund: N/A)

No additional detail provided

Tagged Passions:development, Development, funding, and community development

11.
NEW BUSINESS

A. Reports from Youth Council - Councilmember Williams (Liaison for the Youth Council) B. Resolution 89-18 Request to County Board of Commissioners to Carve Out Cape Coral from any Straw Ballot Measure related to Consolidation of Fire Districts

Tagged Passions:council, youth, election, fire departments and districts, and business

C.
Military Tribute Banner Program - AMMILVETS (Brought forward by Councilmember Cosden)

No additional detail provided

Tagged Passions:military and program

12.
REPORTS OF THE MAYOR AND COUNCIL MEMBERS

No additional detail provided

Tagged Passions:council

13.
REPORTS OF THE CITY ATTORNEY AND CITY MANAGER

No additional detail provided

Tagged Passions:legal, administrator, and manager

14.
TIME AND PLACE OF FUTURE MEETINGS

A. A Committee of the Whole Meeting is Scheduled for Monday, April 23, 2018 at 4:30 p.m. in Council Chambers

15.
MOTION TO ADJOURN

No additional detail provided

GENERAL RULES AND PROCEDURES REGARDING THE CAPE CORAL CITY COUNCIL AGENDA

Tagged Passions:procedure

*PUBLIC HEARINGS DEPARTMENT OF COMMUNITY DEVELOPMENT CASES

Tagged Passions:hearing, development, Development, and community development

In all public hearings for which an applicant or applicants exist and which would affect a relatively limited land area, including but not limited to PDPs, appeals concerning variances or special exceptions, and small-scale rezonings, the following procedures shall be utilized in order to afford all parties or their representatives a full opportunity to be heard on matters relevant to the application:

Tagged Passions:hearing, zoning, and procedure

1.
The applicant, as well as witnesses offering testimony or

presenting evidence, will be required to swear or affirm that the testimony they provide is the truth.

2.
The order of presentation will begin with the City staff report, the presentation by the applicant and/or the applicant's representative; witnesses called by the applicant, and then members of the public.

3. Members of the City Council may question any witness on relevant issues, by the applicant and/or the applicant's representative, City staff, or by any member of the public. In accordance with the Americans with Disabilities Act and Section of 286.26, Florida Statutes, persons with disabilities needing special accommodation to participate in this meeting should contact the Office of the City Clerk at least forty- eight (48) hours prior to the meeting. If hearing impaired, telephone the Florida Relay Service Numbers, 1-800-955-8771 (TDD) or 1-800-955-8770 (v) for assistance. Persons wishing to address Council under Citizens Input or the Consent Agenda may do so during the designated times at each meeting. No prior scheduling is necessary. All speakers must have their presentations approved by the City Clerk's office no later than 3:00 PM the day of the meeting. Any citizen may appear before the City Council at the scheduled PUBLIC HEARING/INPUT to comment on the specific agenda item being considered. No prior scheduling is necessary. When recognized by the presiding officer, a speaker shall address the City Council from the designated speaker's lectern, and shall state his or her name and whom, if anyone, he or she represents. An address shall only be required if necessary to comply with a federal, state of local law. Copies of the agenda are available in the main lobby of Cape Coral City Hall and in the City Council Office, 1015 Cultural Park Boulevard. Copies of all back-up documentation are also available for review in the lobby of Council Chambers. You are asked to refrain from removing any documentation. If you desire copies, please request they be made for you. Copies are 15 cents per page. Agendas and back-up documentation are also available on-line on the City website (capecoral.net) after 4:00 PM on the Thursday prior to the Council Meeting.

Tagged Passions:streets, recognition, and parks

4.
The Mayor may impose reasonable limitations on the offer of testimony or evidence and refuse to hear testimony or evidence that is not relevant to the issue being heard. The Mayor may also impose reasonable limitations on the number of witnesses heard when such witnesses become repetitive or are introducing duplicate testimony or evidence. The Mayor may also call witnesses and introduce evidence on behalf of the City Council if it is felt that such witnesses and/or evidence are necessary for a thorough consideration of the subject.

Tagged Passions:council

5.
After the introduction of all-relevant testimony and evidence, the

applicant shall have the opportunity to present a closing statement. 6. If a person decides to appeal any decision made by the City Council with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and that, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Item Number: 7.A. Meeting Date: 4/16/2018 Item Type: APPROVAL OFMINUTES AGENDA REQUEST FORM
Tagged Passions:hearing and council

CITY OF CAPE CORAL

TITLE: Strategic Planning Meeting - March 20, 2018

REQUESTED ACTION: Approve or Deny STRATEGIC PLAN INFO:

Tagged Passions:strategic and planning

1.
Will this action result in a Budget Amendment? No 2. Is this a Strategic Decision? No

If Yes, Priority Goals Supported arelisted below. If No, will it harm the intent or success ofthe Strategic Plan? No

Tagged Passions:budget and strategic

PLANNING ZONING/HEARING EXAMINER/STAFF RECOMMENDATIONS:

No additional detail provided

Tagged Passions:hearing, planning, and zoning

SUMMARY EXPLANATION AND BACKGROUND:

LEGAL REVIEW:

Tagged Passions:legal

EXHIBITS: Strategic Planning Meeting - March 20, 2018

PREPARED BY: Kimberly Bruns Division- Managerial Department-

Tagged Passions:strategic and planning

City Clerk's Department

No additional detail provided

SOURCE OF ADDITIONAL INFORMATION: Kimberly Bruns Assistant City Clerk 1-239-242-3243

ATTACHMENTS:

Description Type Strategic Planning Meeting - March 20, 2018 Backup Material

Item Number: 7.B. Meeting Date: 4/16/2018 Item Type: APPROVAL OFMINUTES AGENDA REQUEST FORM
Tagged Passions:strategic and planning

CITY OF CAPE CORAL

TITLE: Regular Meeting - April 2, 2018

REQUESTED ACTION: Approve or Deny STRATEGIC PLAN INFO:

Tagged Passions:strategic

1.
Will this action result in a Budget Amendment? No 2. Is this a Strategic Decision? No

If Yes, Priority Goals Supported arelisted below. If No, will it harm the intent or success ofthe Strategic Plan? No

Tagged Passions:budget and strategic

PLANNING ZONING/HEARING EXAMINER/STAFF RECOMMENDATIONS:

No additional detail provided

Tagged Passions:hearing, planning, and zoning

SUMMARY EXPLANATION AND BACKGROUND:

LEGAL REVIEW:

Tagged Passions:legal

EXHIBITS: Regular Meeting - April 2, 2018

PREPARED BY: Kimberly Bruns Division- Managerial Department-

City Clerk's Department

No additional detail provided

SOURCE OF ADDITIONAL INFORMATION: Kimberly Bruns Assistant City Clerk 1-239-242-3243

ATTACHMENTS:

Description Type Regular Meeting - April 2, 2018 Backup Material

Item Number: B.(1) Meeting Date: 4/16/2018 Item Type: CONSENT AGENDA AGENDA REQUEST FORM CITY OF CAPE CORAL TITLE: Resolution 69-18 Approve Contract PB-CW18-63/AP piggybacking the State of Florida Department of Management Services Participating addendum 43190000-18-NASPO-ACS-1 awarded to Motorola Solutions, Inc. via the lead agency, State of Washington Contract/NASPO Master Agreement 06913 for the purchase of Portable Radios, Mobile Radios, and accessories, at the unit price awarded, not to exceed budgetary limits; And authorize the City Manager, or designee, to sign the contract, amendments and any renewals. The contract was competitively solicited and awarded; Department: Police/Fire; Estimated Annual Dollar Value 90,000; (General Fund) REQUESTED ACTION: Approve or Deny STRATEGIC PLAN INFO:

Tagged Passions:contract, budget, administrator, manager, public safety, purchasing, services, radio, strategic, and Enhanced 911

1.
Will this action result in a Budget Amendment? No 2. Is this a Strategic Decision? Yes

If Yes, Priority Goals Supported arelisted below. If No, will it harm the intent or success ofthe Strategic Plan? No ELEMENT E: INCREASE QUALITY OF LIFE FOR OUR CITIZENS BY DELIVERING PROGRAMS AND SERVICES THAT FOSTER A SAFE COMMUNITY

Tagged Passions:budget, services, strategic, and program

PLANNING ZONING/HEARING EXAMINER/STAFF RECOMMENDATIONS:

No additional detail provided

Tagged Passions:hearing, planning, and zoning

SUMMARY EXPLANATION AND BACKGROUND: 1. In February of 2016, Motorola declared that the model of in-car and portable radios utilized by

the City were obsolete and replacement parts would no longer be available as of December 31, 2018. Existing units would only be able to be repaired if parts remain in the supply chain. As a result, the Police and Fire Department began to replace the older model radios.

Tagged Passions:public safety, radio, Enhanced 911, and fire departments and districts

2.
Departments (Police/Fire) utilize the portable/mobile radios to communicate with the 911 Communications Center and/or other personnel in the field.

No additional detail provided

Tagged Passions:personnel, public safety, Communications, Tony Taylor Custom, radio, communications, Enhanced 911, and 911

3.
The City has been piggybacking agreements awarded by other governmental entities to benefit from the contract prices of entities with higher usage. As a result, the City is able to obtain the benefit from lower prices overall.

Tagged Passions:contract

4.
The contract was procured by the National Association of State Procurement Officers (NASPO) ValuePoint utilizing State of Washington as the Lead Agency. This contract was competitively solicited and awarded which includes equipment and parts and awarded to

Motorola, Inc. as the lowest responsive and responsible bidder 5. The State of Florida entered into the agreement via Participating Addendum 43190000-18- NASPO-ACS-1 on January 1, 2018 which was awarded to Motorola Solutions, Inc., utilizing the NASPO Lead State Master Agreement 06913. 6. The term of this Participating Addendum is January 1, 2018 through July 1, 2020. 7. This request is in accordance with City of Cape Coral Code of Ordinances Chapter 2, Article VII, Division 1, Section 2-144(f) of the Procurement Ordinance Purchases of Goods or Services from Contracts Awarded by other Governmental Entities or Not by Profit Entities by Competitive Bid .
Tagged Passions:contract, rfp, RFP, purchasing, services, ordinance, and equipment

8.
This is a budgeted item. 9. Funding Information: The primary users of this contract are the Police and Fire Departments

and will utilize this contract by issuing purchase orders funded by the operational accounts: 122201.652116 Fire (Life Safety), 121102.652116 Police (Communication and Records); 122301.652116 Fire (Operations), and 232010.652116 Fire (All Hazards).

Tagged Passions:contract, budget, public safety, purchasing, funding, and fire departments and districts

LEGAL REVIEW: Contract reviewed by Legal

No additional detail provided

Tagged Passions:contract and legal

EXHIBITS: Department Recommendation Resolution 69-18

No additional detail provided

PREPARED BY: Wanda Roop Division- Procurement Department- Finance

Tagged Passions:purchasing and finance

SOURCE OF ADDITIONAL INFORMATION: David M Newlan, Chief of Police Mike Russell, Interim Fire Chief

Tagged Passions:public safety

ATTACHMENTS: Description Type Department Recommendation Backup Material Resolution 69-18 Resolution

TO: FROM: DATE: SUBJECT: Background CAPE CoRAL P oucE DEPARTMENT John Szerlag, City Manager Victoria Bateman, Financial Services Director Wanda Roop, Procurement Ma aler
Tagged Passions:administrator, manager, purchasing, services, and finance

Office of the Chief of Police

David Newlan, Chief of Police \ Mike Russell , Interim Fire Chief/Emergency Management Direct March 27, 2018 Public Safety- Motorola Radios and Accessories
Tagged Passions:public safety, radio, Enhanced 911, and emergency

In February of 2016, the Cape Coral Police and Fire Departments were advised that Motorola, the manufacturer of our issued in-car mobile and portable radios, had declared the models the departments currently use as End of Life (EOL) or obsolete. This means that the manufacturer will no longer make replacement parts for warranty and non- warranty repairs as of December 31 , 2018. Existing units may only be repaired if parts remain in the supply chain .

No additional detail provided

Tagged Passions:public safety, radio, Enhanced 911, and fire departments and districts

The program to replace the obsolete radios has been implemented into different phases, and to date, the Police Department has replaced 250 portable radios at a total cost of 793,465. This number represents a majority of the Police Department's portable radios.

The Fire Department implemented a multi-year phased approach to replacing all obsolete radios. Recommendation The Police Department would like to continue replacing the remaining portable radios that are obsolete and related equipmenVaccessories from Motorola in the current budget year at an estimated cost of 37,614.26.

Tagged Passions:budget, public safety, radio, Enhanced 911, program, and fire departments and districts

Based on the needs of the both Departments, it will be necessary to continue to replace portable radios that are obsolete and related equipmenVaccessories in the next fiscal year at an estimated cost of 39,800 to the Police Department and 41,000 to the Fire Department.

David Newlan, Chief of Police - Public Safety - Motorola Radios and Accessories March 27, 2018 Page 2 of 2 The purchase of portable radios for Operations, Emergency Management and Life Safety in the amount of 67,658, will continue to bring all portable and mobile radios in the field to the same make/model and perform the same functions. This will ensure that the Fire Department's radios can be integrated into other technology to provide fast, efficient, and safe working environments for the public as well as staff. This strategic decision supports Element E: Increase Quality of Life/Foster a Safe Community. Fund Availability The Cape Coral Police and Fire Departments will be purchasing portable and mobile radios and related equipment/accessories for both fiscal years from Motorola by piggybacking the NASPO Lead State Master Agreement 06913. The Police Department's budgeted funds are under account string 121102.652116. The Fire Department's budgeted funds are under the following account strings for FY2018: 122301 .652116 ( 40,842), 122201 .652116 ( 2,310), and 232010.652116 ( 24,505.50). Proposed FY2019 budget purchases will fall under 122301.652116 ( 41,000).
Tagged Passions:budget, public safety, purchasing, Technology, radio, equipment, strategic, technology, Enhanced 911, Conservation, environment, funding, emergency, and fire departments and districts

DN/MR:tg

Attachments: Motorola Solutions Quote Dated March 20, 2018 Fire Department Supporting Documentation

NASPO ValuePoint PARTICIPATING ADDENDUM Public Safety Communication Equipment- Phase One 06913 Lead by the State of Washington (hereinafter Lead State ) Participating Addendum No: 43190000-18-NASPO-ACS-1 Motorola Solutions (hereinafter Contractor ) And Florida Department of Management Services (Hereinafter Participating State/Entity ) Page 1 of 19
Tagged Passions:public safety, services, equipment, and fire departments and districts

1.
Scope: This addendum covers the purchase of public safety communication equipment and is for use by state agencies and other entities located in the Participating State/Entity authorized by that state s statutes to utilize state/entity contracts with the prior approval of the state s chief procurement official.

No additional detail provided

Tagged Passions:contract, public safety, purchasing, and equipment

Contractor has been awarded the following categories:

Radios Subcategory: Portable, Dual-Band Subcategory: Portable, Single-Band tier I Subcategory: Portable, Single-Band tier II Subcategory: Portable, Single-Band tier III Subcategory: Mobile, Dual-Band Subcategory: Mobile, Single-Band tier I Subcategory: Mobile, Single-Band tier II Subcategory: Mobile, Single-Band tier III Subcategory: Desktop, Dual-Band Subcategory: Desktop, Single-Band tier I Subcategory: Desktop, Single-Band tier II

Tagged Passions:radio and Enhanced 911

Base Stations/Repeaters: Single-Band tier I Single-Band tier II

Mobile Radio Antennas

Tagged Passions:radio

2.
Participation: Use of specific NASPO ValuePoint cooperative contracts by agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state s statutes to use state/entity contracts are subject to the prior approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Official.

Tagged Passions:contract, purchasing, and subdivision

3.
Participating State Modifications or Additions to Master Agreement: These modifications or additions apply only to actions and relationships within the Participating State. The following changes are modifying or supplementing the Master Agreement terms and conditions.

No additional detail provided

a.
Participating Addendum: As used in this document, Participating Addendum (whether or not capitalized) shall, unless the context requires otherwise, include this document and all

EXHIBIT A Page 3 of 19

Alternate Contract Source No. 43190000-18-NASPO-ACS-1

Exhibit A FLORIDA GENERAL CONTRACT CONDITIONS

Tagged Passions:contract

Table of Contents

SECTION 1. DEFINITIONS. ...................................................................................................... 3 SECTION 2. CONTRACT TERM AND TERMINATION. ............................................................ 3 SECTION 3. PAYMENT AND FEES. ......................................................................................... 4 SECTION 4. CONTRACT MANAGEMENT. ............................................................................... 6 SECTION 5. COMPLIANCE WITH LAWS. ................................................................................ 7 SECTION 6. MISCELLANEOUS. ............................................................................................... 8 SECTION 7. WORKERS COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION ......................................................................................................... 10 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY. .................................................................................................. 11 SECTION 9. DATA SECURITY AND SERVICES. ................................................................... 12 SECTION 10. GRATUITIES AND LOBBYING. ........................................................................ 13 SECTION 11. CONTRACT MONITORING. ............................................................................. 14 SECTION 12. CONTRACT AUDITS. ....................................................................................... 15 SECTION 13. BACKGROUND SCREENING AND SECURITY. .............................................. 16

Tagged Passions:contract, compliance, property, audit, services, trade, compensation, public records, insurance, housing, security, and lobbying

These General Contract Conditions supersede and replace in their entirety all General Contract Conditions, Form PUR 1000, which is incorporated by reference in Rule 60A-1.002, Florida Administrative Code (F.A.C.)

No additional detail provided

Tagged Passions:contract

SECTION 1. DEFINITIONS.

The following definition applies in addition to the definitions in Chapter 287, Florida Statutes, (F.S.) and Rule Chapter 60A-1, F.A.C.:

1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract.

No additional detail provided

Tagged Passions:contract, purchasing, and services

SECTION 2. CONTRACT TERM AND TERMINATION.

Tagged Passions:contract

2.1 Term and Effective Date. The term of this Participating Addendum will become effective on January 1, 2018, and shall be effective through July 01, 2020, unless terminated earlier in accordance with the General Contract Conditions or if not renewed by the Lead State.

No additional detail provided

Tagged Passions:contract

2.2 Renewal. There are no renewals on this Participating Addendum.

Page 4 of 19

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. A Customer may, at its sole discretion, 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 the 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 resulting contract or purchase order. Within 90 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 a resulting 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.

Tagged Passions:contract, budget, property, purchasing, compensation, emergency, and performance

2.3.3 Termination for Cause. If the Department determines that the performance of the Contractor is not satisfactory, the Department may, at its sole discretion, (a) immediately terminate the Contract, (b) notify the Contractor of the deficiency with a requirement that the deficiency be corrected 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. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: (a) Quantity Discounts. Contractor may offer additional discounts for one-time delivery of large single orders. (b) 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, on an aggregate basis, the pricing offered under comparable contracts for public entities. Comparable contracts are those which are similar in size, scope and terms. The Contractor shall submit to the Department a completed Preferred Pricing affidavit form annually. Page 5 of 19 (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A 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 properly certified 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.
Tagged Passions:contract, audit, recognition, services, market, sale, and performance

3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract. 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 12 months.

Tagged Passions:contract, purchasing, services, and performance

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 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.
Tagged Passions:contract, property, purchasing, services, travel, funding, and performance

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), Florida Statutes. 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, Florida Administrative Code, 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. The State of Florida is not required to pay any taxes, including customs and tariffs, on commodities or contractual services purchased under the Contract.

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 by the Department or Customer. The Contractor must return any overpayment within 40 calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. Page 6 of 19

Tagged Passions:contract, taxes, Taxes, audit, purchasing, services, funding, and business

SECTION 4. CONTRACT MANAGEMENT.

4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer within the manner and at the location specified in the Contract and any attachments to the Contract. Additionally, the terms of the Contract supersede the terms of any and all prior or contemporaneous 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, by reputable air courier service, email, or by personal delivery, or as otherwise identified by the Department.

Tagged Passions:contract, manager, and services

4.3 Department s Contract Manager. The Department s Contract Manager, is primarily responsible for the Department s oversight of the Contract. 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.

No additional detail provided

Tagged Passions:contract, manager, and events

4.4 Contractor s Contract Manager. The Contractor s Contract Manager is primarily responsible for the Contractor s oversight of the Contract performance. 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.

No additional detail provided

Tagged Passions:contract, manager, events, and performance

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.

No additional detail provided

Tagged Passions:contract, purchasing, networking, small business, diversity, events, and business

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 Customer purchasing under the Contract.

4.6 RESPECT. Subject to the agency determination provided for in Section 413.036, F.S., the following statement applies:
Tagged Passions:contract, purchasing, services, and business

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.

Page 7 of 19 Additional information about the designated nonprofit agency and the commodities or contractual services it offers is available at http://www.respectofflorida.org. 4.7 PRIDE.

Tagged Passions:contract, purchasing, services, procedure, and business

Subject to the agency determination provided for in Sections 946.515 and 287.042(1), 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, 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), F.S., are hereby incorporated by reference, to the extent applicable. 5.2 Governing Law and Venue. 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. 5.3 Department of State Registration. The Contractor and any subcontractors that assert corporate status must provide the Department with conclusive evidence, per section 607.0127, F.S., 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 and maintain such status or authorization through the life of the Contract and any resulting contract or purchase order.

Tagged Passions:contract, compliance, legal, purchasing, services, ordinance, health insurance, Immigration, discrimination, accountability, religion, health, insurance, procedure, court, and business

5.4 Convicted and Discriminatory Vendor Lists. In accordance with sections 287.133 and 287.134, F.S., an entity or affiliate who is on the 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

Page 8 of 19

Tagged Passions:contract, services, and discrimination

placed on the Convicted Vendor List or the Discriminatory Vendor List during the term of the Contract.

Tagged Passions:contract and discrimination

5.5 Contractor Certification. If the Contract exceeds 1,000,000.00 in total, not including renewal years, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to sections 215.473, F.S. and 215.4725 F.S, respectively. Pursuant to section 287.135(5), F.S., and 287.135(3), F.S., Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract.

5.6 Cooperation with Inspector General. 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 type of 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 (available at: http://dos.myflorida.com/library-archives/records- management/general-records-schedules/), 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 working days 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.
Tagged Passions:contract, hearing, compliance, audit, services, Fossil Fuels - Oil, energy, travel, library, finance, and business

SECTION 6. MISCELLANEOUS.

No additional detail provided

6.1 Notice of Legal Actions. The Contractor will use its best efforts to notify the Department of any legal actions filed against it for a violation of any laws, rules, codes, ordinances or licensing requirements occurring within the U.S., within 30 days of the action being filed. The Contractor must notify the Department of any legal actions filed against it in the U.S. for a breach of a contract of similar size and scope to this Contract within 30 days of the action being filed. Failure to notify the Department of a legal action within 30 days of the action may be grounds for termination for cause of the Contract pursuant to section 2.3.3(b) herein.

6.2 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 subcontracted work. The Department supports diversity in its procurements and Page 9 of 19 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. 6.3 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. In the event of any assignment, the Contractor remains secondarily liable for performance of the Contract. The Department may assign the Contract to another state agency.

Tagged Passions:contract, legal, purchasing, ordinance, small business, diversity, events, performance, and business

6.4 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are not employees or agents of the Department and are not entitled to the benefits of State of Florida employees. 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.

No additional detail provided

Tagged Passions:contract

6.5 Risk of Loss. Until acceptance of delivery, 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 or the Department rejects a commodity, Contractor will remove the commodity from the premises within 10 days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within 10 days will be deemed abandoned by the Contractor and the Customer or the Department will have the right to ship the equipment back to the Contractor and bill the Contractor for the cost of shipping and time spent. Contractor will reimburse the Customer or the Department for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities.

No additional detail provided

Tagged Passions:risk and equipment

6.6 Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State of Florida inspector. Acceptability customarily requires, at a minimum, an identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories, and National Electrical Manufacturers Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished must meet all applicable requirements of the Occupational Safety and Health Act and State of Florida and federal requirements relating to clean air and water.

Tagged Passions:Utility, health, utility, electric, and water

6.7 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.

Page 10 of 19

Tagged Passions:services and finance

6.8 Waiver. The delay or failure by the Department or 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.
Tagged Passions:contract, legal, and court

SECTION 7. WORKERS COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION

Tagged Passions:compensation and insurance

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 or purchase order and any class of employees performing the hazardous work is not protected under Worker s Compensation statutes, the Contractor 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, product-liability, personal advertising injury and completed operations. This insurance must provide coverage for all claims that may arise from the services, and operations completed under the Contract and any resulting contract or purchase order, 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 Insured for the entire length of the Contract and any resulting contract or purchase order. 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 Contract and any resulting contract or purchase order. All insurance policies must be with insurers licensed or eligible to transact business in the State of Florida. The Contractor s current certificate of insurance will contain a standard notice of cancellation provision that should the policy be cancelled before the expiration date, notice will be delivered in accordance with policy provisions to the Department s Contract Manager. The Contractors must submit insurance certificates evidencing such insurance coverage prior to execution of a contract with the Department. The Contractor must require its insurance carrier to include the Department as an additional insured, as provided below: Florida Department of Management Services c/o Division of State Purchasing 4050 Esplanade Way, Suite 36060 Page 11 of 19 Tallahassee, Florida 32399-0950
Tagged Passions:contract, commercial, property, manager, license, purchasing, policy, services, advertising, compensation, program, finance, insurance, events, and business

7.3 Indemnification. The Contractor agrees to indemnify, defend, and hold the Department, Customer, the State of Florida, its officers, employees and agents harmless from all fines, claims, assessments, suits, judgments, or direct damages, arising from or relating to violation or infringement of a trademark, copyright, patent, 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.

No additional detail provided

Tagged Passions:contract, property, and subdivision

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 public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall:

Tagged Passions:contract, property, manager, purchasing, services, trade, public records, and housing

(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 reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, 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

Page 12 of 19 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; and (e) 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.

Tagged Passions:contract, commercial, purchasing, Technology, information technology, technology, public records, and Information Technology

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 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as confidential when submitted to the Department.

If the Department receives a public records request for contract-related materials designated by the Contractor as confidential, the Department will provide only the portions of the contract-related materials not designated as confidential. If the requester asserts a right to examine contract-related materials designated as confidential, the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated confidential. If the Department is served with a request for discovery of contract-related materials designated confidential, the Department will promptly notify the Contractor about the request. 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 confidential only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as confidential from disclosure. The Contractor will protect, defend, and indemnify the Department for claims, costs, fines, and attorney s fees arising from or relating to its designation of contract-related materials as 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 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: http://dos.myflorida.com/library-archives/records-management/general-records-schedules/.

Tagged Passions:contract, legal, trade, public records, library, materials, and court

SECTION 9. DATA SECURITY AND SERVICES.

Tagged Passions:services and security

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 display of such Data or Data that is otherwise visible. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information.

No additional detail provided

Tagged Passions:regulation and security

9.2 Warranty of Security.

Page 13 of 19 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 any State of Florida Data to be sent by any medium, transmitted or accessed outside of the United States. Notwithstanding any provision of this Contract to the contrary, the Contractor must notify the Department as soon as possible, in accordance with the requirements of section 501.171, F.S., 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 or any credible allegation or suspicion of a material violation of the above. This notification is required whether the event affects one agency/customer or the entire population. The notification must be clear and conspicuous and include a description of the following:

Tagged Passions:contract, services, events, security, and business

(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.

Tagged Passions:risk

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 Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a 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 Department, an alternate time for the call will be scheduled. All available information must be shared 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 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 Contract Manager and in all events, within one business day.

Tagged Passions:contract, personnel, manager, events, and security

9.4 Indemnification (Breach of Warranty of Security). The Contractor agrees to defend, indemnify and hold harmless the Department, Customer, 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 AND LOBBYING. 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 Page 14 of 19

Tagged Passions:contract, compliance, services, security, and lobbying

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.

No additional detail provided

Tagged Passions:legal

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.

No additional detail provided

Tagged Passions:contract, services, compensation, funding, performance, and lobbying

SECTION 11. CONTRACT MONITORING.

No additional detail provided

Tagged Passions:contract

11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Statement of Work and attachments to 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. Coordination must be maintained by the Contractor with representatives of the Customer, the Department, or of other agencies involved in the Contract on behalf of the Department.

11.2 Performance Deficiency. The Department or Customer may, in its sole discretion, notify the Contractor of the deficiency to be corrected, which correction must be made within a time-frame specified by the Department or Customer. The Contractor must provide the Department or Customer with a corrective action plan describing how the Contractor will address all issues of contract non-performance, unacceptable performance, and failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance.

Tagged Passions:contract, compliance, and performance

11.3 Financial Consequences of Non-Performance. If the corrective action plan is unacceptable to the Department or Customer, or fails to remedy the performance deficiencies, the Contractor will be assessed a non-performance retainage equivalent to 10 of the total invoice amount or as specified in the Contract. The retainage will be applied to the invoice for the then-current billing period. The retainage will be withheld until the Contractor resolves the deficiency. If the deficiency is subsequently resolved, the Contractor may invoice the Customer for the retained amount during the next billing period. If the Contractor is unable to resolve the deficiency, the funds retained will be forfeited.

11.4 Liquidated Damages. The Contractor will promptly notify the Department or 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 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 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 or Customer and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department or Customer s delay. The Contractor acknowledges that untimely performance or other material noncompliance will damage the Department or Customer, but by their nature such damages may be difficult to ascertain. Accordingly, any liquidated damages provisions stated in the solicitation will Page 15 of 19 apply to this Contract. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages.
Tagged Passions:solicitation, contract, penalty, finance, funding, and performance

11.5 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 acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within 10 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 not reasonably foreseeable, within five 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 or Customer 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 or Customer 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 or Customer 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.

Tagged Passions:contract, purchasing, services, flooding, grant, and performance

SECTION 12. CONTRACT AUDITS.

12.1 Performance or Compliance Audits. The Department may conduct, or cause to have conducted, either or both performance and 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 subcontractor s data and records that directly relate to the Contract. To the extent necessary to verify the Contractor s 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 15 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.

Tagged Passions:contract, compliance, audit, finance, performance, facility, and procedure

12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained. Records of costs incurred will include the Contractor s general accounting records, together with supporting

Page 16 of 19 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 for audit.
Tagged Passions:contract, audit, and finance

SECTION 13. BACKGROUND SCREENING AND SECURITY.

Tagged Passions: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 calendar days any arrest for any Disqualifying Offense. The Contractor must notify the Contract Manager within 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.

No additional detail provided

Tagged Passions:contract and manager

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 days of Contract execution. If the Contractor is not enrolled in DHS E-Verify System, it will do so within five days of notice of Contract award, and provide the Contract Manager a copy of its MOU within five days of Contract execution. The link to E-Verify is provided below. http://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five days to the Contract Manager identifying the new hire with its E-Verify case number.

No additional detail provided

Tagged Passions:contract, manager, services, Immigration, employment, and security

13.3 Disqualifying Offenses. If at any time it is determined that a person has a criminal misdemeanor or felony record regardless of adjudication (e.g., adjudication withheld, a plea of guilty or nolo contendere, or a guilty verdict) within the last six 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 or information technology crimes (b) Fraudulent practices, false pretenses and frauds, and credit card crimes (c) Forgery and counterfeiting (d) Violations involving checks and drafts (e) Misuse of medical or personnel records (f) Felony theft 13.4 Communications and Confidentiality. The Contractor agrees that it will make no statements, press releases, or publicity releases concerning the Contract or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with the Contract, or any particulars thereof, during the period of the Contract, without first notifying the Page 17 of 19
Tagged Passions:contract, compliance, legal, personnel, services, Technology, information technology, Communications, technology, communications, Information Technology, crime, and court

Department s Contract Manager or the Department designated contact person and securing prior written consent. The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and 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.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. Page 18 of 19 EXHIBIT B FLORIDA SPECIAL CONTRACT CONDITIONS This Exhibit contains the Special Contract Conditions. If a conflict exists between the Special Contract Conditions and the General Contract Conditions, the Special Contract Conditions shall take precedence over the General Contract Conditions unless the conflicting term in the General Contract Conditions is required by Florida law, in which case the General Contract Conditions term will take precedence. Special Contract Conditions are as follows: 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 Information Technology (IT) Standards Pursuant to sections 282.0051 and 282.318, F.S., the Agency for State Technology (AST) has established information technology standards for security, project management and oversight. State agencies shall ensure compliance with AST standards as established in Rule Chapter 74-1 and 74-2, F.A.C, as applicable. Section 3 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 4 Monthly Transaction Fee Report The Contractor is required to submit monthly Transaction Fee Reports electronically through MFMP VIP. All such reports and payments shall be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions shall constitute grounds for declaring the Contractor in default and subject the Contractor to exclusion from business with the State of Florida. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online through MFMP U on the MyFloridaMarketPlace website (located at http://dms.myflorida.com/mfmp). Assistance is also available from the MyFloridaMarketPlace Customer Service Desk at feeprocessing@myfloridamarketplace.com or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 6:00 PM, Eastern Time. Section 5 Quarterly Sales Reports Each Contractor shall submit a sales report to the Department on a Quarterly basis. Contract Sales Reports must include the Contractor s name, the dates of Quarter covered, each Customer s name, services provided, and the amount paid by the Customer. Page 19 of 19 Initiation and submission of the Contract Sales Reports are to be the responsibility of the Contractor. The Contractor will submit the completed Sales Report forms by email to the Department Contract Manager no later than the due date indicated in Section 10. Submission of these reports is considered a material requirement of this Contract and the Contractor. Failure to provide quarterly sales reports, including those indicating no sales, within thirty (30) calendar days following the end of each quarter (January, April, July and October) is considered as Non-Performance by the Contractor. Exceptions may be made if a delay in submitting reports is attributable to circumstances that are clearly beyond the control of the Contractor. The burden of proof of unavoidable delay shall rest with the Contractor and shall be supplied in a written form and submitted to the Department. The Department reserves the right to request additional sales information as needed. Section 6 Quarterly Reporting Timeframes Quarterly reporting timeframes coincide with the State Fiscal Year as follows:

Tagged Passions:contract, compliance, manager, audit, services, Technology, information technology, instruction, training, technology, sale, Information Technology, performance, procedure, security, and business

Quarter 1 - (July-September) Due by October 10 Quarter 2 - (October-December) Due by January 10 Quarter 3 - (January-March) Due by April 10 Quarter 4 - (April-June) Due by July 10

Section 7 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.

Tagged Passions:contract and business

Section 8 Contract Revisions Notwithstanding General Contract Conditions the following types of revisions can be made to the Contract upon written authorization by the Department:

a. Contractor s Information and Contacts b. Contract Manager c. Contract Report Forms Only the above listed provisions can be made without a formal Contract amendment. Florida General Contract Conditions, section 6.10, applies to all other modifications to the Contract. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. EXHIBIT B

Tagged Passions:contract, manager, and housing

PROPOSAL TO STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES (DES)

Tagged Passions:services

SECTION 1 CONTRACT/MASTER AGREEMENT 06913 FOR PUBLIC SAFETY COMMUNICATION EQUIPMENT

CONTRACT/MASTER AGREEMENT 06913 FOR PUBLIC SAFETY COMMUNICATION EQUIPMENT AUGUST 3, 2017 The design, technical, pricing, and other information ( Information ) furnished with this submission is proprietary and/or trade secret information of Motorola Solutions, Inc. ( Motorola Solutions ) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola Solutions. MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. 2017 Motorola Solutions, Inc. All rights reserved. EXHIBIT C Contract/Master Agreement 06913 for Public Safety Communication Equipment Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Table of Contents i
Tagged Passions:contract, property, public safety, license, trade, and equipment

TABLE OF CONTENTS

Section 1 Contract/Master Agreement 06913 for Public Safety Communication Equipment ......................... 1-1 1.1 APX 8500 ........................................................................................................................ 1-5 1.2 APX 7500 ........................................................................................................................ 1-6 1.3 APX 7500 Consolette ...................................................................................................... 1-7 1.4 APX 6500 ........................................................................................................................ 1-9 1.5 APX 4500 ...................................................................................................................... 1-10 1.6 APX 1500 ...................................................................................................................... 1-11 1.7 APX 8000 ...................................................................................................................... 1-13 1.8 APX 7000 ...................................................................................................................... 1-14 1.9 APX 6000 ...................................................................................................................... 1-15 1.10 APX 4000 ...................................................................................................................... 1-17 1.11 APX 1000 ...................................................................................................................... 1-18 1.12 Accessories ................................................................................................................... 1-19
Tagged Passions:contract, public safety, and equipment

State of Washington Department of Enterprise Services (DES) August 3, 2017

Tagged Passions:services

State of Washington Department of Enterprise Services (DES) August 3, 2017

Contract/Master Agreement 06913 for Public Safety Communication Equipment Use or disclosure of this proposal is subject to the restrictions on the cover page.
Tagged Passions:contract, public safety, services, and equipment

Motorola Solutions Confidential Restricted Contract/Master Agreement 06913 for Public Safety Communication Equipment 1-1

CONTRACT/MASTER AGREEMENT 06913 FOR PUBLIC SAFETY COMMUNICATION EQUIPMENT

Tagged Passions:contract, public safety, and equipment

State of Washington, Department of Enterprise Services (DES) on behalf of the NASPO ValuePoint Cooperative Purchasing Program Contract/Master Agreement 06913 For Public Safety Communication Equipment between The State of Washington and Motorola Solutions Under the Authority of State of Washington, Chapter 39.26 RCW between The State of Washington and Motorola Solutions Under the Authority of State of Washington, Chapter 39.26 RCW http://www.naspovaluepoint.org/ /contract-details/61/contractor/345 Motorola Solutions has been awarded the following categories/subcategories:

Tagged Passions:contract, public safety, purchasing, services, equipment, and program

Category: Radios Subcategory: Portable, Dual-Band Subcategory: Portable, Single-Band tier I Subcategory: Portable, Single-Band tier II Subcategory: Portable, Single-Band tier III Subcategory: Mobile, Dual-Band Subcategory: Mobile, Single-Band tier I Subcategory: Mobile, Single-Band tier II Subcategory: Mobile, Single-Band tier III Subcategory: Desktop, Dual-Band Subcategory: Desktop, Single-Band tier I Subcategory: Desktop, Single-Band tier II Category: Base Stations/Repeaters: Single-Band tier I Category: Base Station/Repeaters, Single-Band tier II Category: Mobile Radio Antennas DISCOUNTS ON PRODUCTS SERVICES Motorola Solutions - NASPO ValuePoint DISCOUNT MATRIX (Revised 12/7/15) REFER TO MANUFACTURER REFERENCE LIST: Motorola on-Line (MOL): Category: Radios DISCOUNT List price for Base Model, Additional features options quoted and sold at same Excluding the state of Washington, the discounts apply to states with purchasing fees

Tagged Passions:purchasing, services, radio, and Enhanced 911

State of Washington Department of Enterprise Services (DES) August 3, 2017

Contract/Master Agreement 06913 for Public Safety Communication Equipment Use or disclosure of this proposal is subject to the restrictions on the cover page.
Tagged Passions:contract, public safety, services, and equipment

Motorola Solutions Confidential Restricted Contract/Master Agreement 06913 for Public Safety Communication Equipment 1-2

Category: Radios

Tagged Passions:contract, public safety, radio, equipment, and Enhanced 911

Upon request, and at no charge, Motorola will provide contract customers a copy of the manufacturer s reference product price(s) after application of discount. A more detailed break out of pricing of the APX line of radios is captured on pages 1-5 through 1-20.

No additional detail provided

Tagged Passions:contract, radio, and Enhanced 911

Subcategory: Portable, Dual-Band

No additional detail provided

APX7000 MULTI-BAND 27 APX7000XE MULTI-BAND 27 APX7000L MULTI-BAND 27 APX8000 ALL-BAND 27 STANDALONE ACCESSORIES ORDERED WITHOUT BASE UNIT 27 Subcategory: Portable, Single-Band tier I

No additional detail provided

Subcategory: Portable, Single-Band tier III

No additional detail provided

BPR40 17 CP185 17 STANDALONE ACCESSORIES ORDERED WITHOUT BASE UNIT 17 Subcategory: Mobile, Dual-Band

APX7500 27 APX8500 ALL-BAND 27 STANDALONE ACCESSORIES ORDERED WITHOUT BASE UNIT 27 Subcategory: Mobile, Single-Band tier I

APX6500 27 APX6500Li 27 All XTL1500/2500/3000/4000/5000 ACCESSORIES 27 STANDALONE ACCESSORIES ORDERED WITHOUT BASE UNIT 27 Subcategory: Mobile, Single-Band tier II

APX4500 27 APX1500 27 STANDALONE ACCESSORIES ORDERED WITHOUT BASE UNIT 27

State of Washington Department of Enterprise Services (DES) August 3, 2017

Contract/Master Agreement 06913 for Public Safety Communication Equipment Use or disclosure of this proposal is subject to the restrictions on the cover page.
Tagged Passions:contract, public safety, services, and equipment

Motorola Solutions Confidential Restricted Contract/Master Agreement 06913 for Public Safety Communication Equipment 1-3

No additional detail provided

Tagged Passions:contract, public safety, and equipment

Category: Radios Subcategory: Mobile, Single-Band tier III CDM120 Cancelled replacement product under review 17 STANDALONE ACCESSORIES ORDERED WITHOUT BASE UNIT 17 CM200d 17 CM300d 17 Subcategory: Desktop, Dual-Band APX7500 CONSOLETTE 27 STANDALONE ACCESSORIES ORDERED WITHOUT BASE UNIT 27 Subcategory: Desktop, Single-Band tier I APX6500 WITH POWER SUPPLY 27 ACCESSORIES ORDERED WITHOUT BASE UNIT 27 Subcategory: Desktop, Single-Band tier II APX4500 WITH POWER SUPPLY 27 STANDALONE ACCESSORIES ORDERED WITHOUT BASE UNIT 27 Category: Base Stations/Repeaters: Single-Band tier I GTR8000 20 ACECSSORIES ORDERED WITHOUT BASE UNIT 20 MLC8000 20 GCP8000 GCM8000 20 GPW8000 20 BASE STATION NETWORK MANAGEMENT AND HARDWARE 20 BASE STATION DATA APPLICATIONS AND HARDWARE 20 BASE STATION ENCRYPTION AND HARDWARE 20 BASE STATION INTEROPERABILTY APPLICATIONS 20 INFRASTRUCTURE/FIXED EQUIPMENT/OTHER 20 Category: Base Station/Repeaters, Single-Band tier II GTR8000 20 MTR3000 20 BASE STATION NETWORK MANAGEMENT AND HARDWARE 20 BASE STATION DATA APPLICATIONS AND HARDWARE 20 BASE STATION ENCRYPTION AND HARDWARE 20 BASE STATION INTEROPERABILTY APPLICATIONS 20 BASE STATION LICENSES 20 STANDALONE ACCESSORIES ORDERED WITHOUT BASE UNIT 20 INFRASTRUCTURE/FIXED EQUIPMENT/OTHER 20 Category: Mobile Radio Antennas MOBILE RADIO ANTENNAS 20 Bidder offers the following services commonly available for the above product category/subcategory at the percentage discounts listed below off manufacturer s(or subcontractor s/dealer s/distributor s) list prices or at the

Tagged Passions:rfp, RFP, license, services, radio, equipment, and Enhanced 911

State of Washington Department of Enterprise Services (DES) August 3, 2017

Contract/Master Agreement 06913 for Public Safety Communication Equipment Use or disclosure of this proposal is subject to the restrictions on the cover page.
Tagged Passions:contract, public safety, services, and equipment

Motorola Solutions Confidential Restricted Contract/Master Agreement 06913 for Public Safety Communication Equipment 1-4

Category: Radios Services DISCOUNT CHARGE PER HOUR

Tagged Passions:contract, public safety, services, radio, equipment, and Enhanced 911

Equipment configuration and system design: 192.75 /Hour

Technical support services: 192.75 /Hour Equipment installation: 192.75 /Hour

Tagged Passions:services and equipment

Equipment repair: 192.75 /Hour

Training, World Wide Learning Services (WLS): 13

Tagged Passions:services, training, and equipment

Other Services

Tagged Passions:services

Service from the Start 0

Service from the Start Lite 0

Engineering Professional Services 192.75 /Hour
Tagged Passions:services

Project Management Professional Services 192.75 /Hour

Service Delivery Manager: 192.75 /Hour Most services, such as engineering, program management, training, etc., are usually sold on a per man day basis, rather than an hourly basis, the daily rate is 1,542. per
Tagged Passions:manager, services, training, and program

State of Washington Department of Enterprise Services (DES) August 3, 2017

Contract/Master Agreement 06913 for Public Safety Communication Equipment Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Safety Communication Equipment 1-5 Contract/Master Agreement 06913 for Public 1.1 APX 8500 Model Number Description List Price NASPO Pricing Notes M37TSS9PW1 N APX8500 ALL BAND MP MOBILE 4,770.00 3,482.10
Tagged Passions:contract, public safety, services, and equipment

G806 ENH: ASTRO DIGITAL CAI OP APEX 515.00 375.95

G51 ENH: SMARTZONE OPERATION APX 1,500.00 1,095.00

G361 ADD: P25 TRUNKING SOFTWARE 300.00 219.00

Tagged Passions:information technology and Information Technology

GA00580 ADD: TDMA OPERATION 450.00 328.50

W947 PACKET DATA INTERFACE 0.00 0.00 Ships standard QA01749 SOFTWARE KEY 0.00 0.00 Ships standard GA00229 GPS ACTIVATION 0.00 0.00 Ships standard G442 ADD: O5 CONTROL HEAD 432.00 315.36

Tagged Passions:information technology and Information Technology

G444 ADD: APX CONTROL HEAD SOFTWARE 0.00 0.00

Tagged Passions:information technology and Information Technology

G67 ADD: REMOTE MOUNT MID POWER 297.00 216.81

GA01513 ADD: ALL BAND MOBILE ANTENNA (7/8/V/U) 95.00 69.35

GA00226 ADD: GPS ANTENNA 75.00 54.75

G996 ENH: OVER THE AIR PROVISIONING 100.00 73.00

G298 ENH: ASTRO 25 OTAR W/ MULTIKEY 740.00 540.20

G843 ADD: AES ENCRYPTION APX 475.00 346.75

W22 ADD: STD PALM MICROPHONE APEX 72.00 52.56

B18 ADD: AUXILARY SPKR 7.5 WATT 60.00 43.80

G78 ADD: 2 YR SFS LITE 250.00 250.00 TOTAL: 10,131.00 7,463.13

Services Percent Discount Charge PER HOUR Equipment configuration and system design 192.75 Technical support services 192.75

Tagged Passions:services and equipment

State of Washington Department of Enterprise Services (DES) August 3, 2017

Contract/Master Agreement 06913 for Public Safety Communication Equipment Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Safety Communication Equipment 1-6 Contract/Master Agreement 06913 for Public Services Percent Discount Charge PER HOUR Equipment installation 192.75 Equipment repair 192.75 Engineering Professional Services 192.75 Project Management Professional Services 192.75 Service Delivery Manager 192.75 Service from the Start
Tagged Passions:contract, manager, public safety, services, and equipment

Service from the Start Lite

1.2 APX 7500 Model Number Description List Price NASPO Pricing Notes M30TSS9PW1 N APX7500 DUAL BAND MID POWER 2,736.00 1,997.28 On April 3rd, list pricing will change to 2,845 GA00244 ADD: 7/800MHZ PRIMARY BAND 0.00 0.00

GA00308 ADD: VHF MP SECONDARY BAND 400.00 292.00

GA00579 ADD: ENABLE DUAL BAND OPERATION 600.00 438.00

G442 ADD: O5 CONTROL HEAD 432.00 315.36

G444 ADD: APX CONTROL HEAD SOFTWARE 0.00 0.00

Tagged Passions:information technology and Information Technology

G67 ADD: REMOTE MOUNT MID POWER 297.00 216.81

G806 ADD: ASTRO DIGITAL CAI OPERATION 515.00 375.95

G51 ENH: SMARTZONE OPERATION APX 1,500.00 1,095.00

G361 ADD: P25 TRUNKING SOFTWARE 300.00 219.00

Tagged Passions:information technology and Information Technology

W484 ALT: ANT 3DB GAIN 762-870MHZ 38.00 27.74

G792 ADD:VHF ANT WIDEBAND 136-174 MHZ 75.00 54.75

G843 ADD: AES ENCRYPTION APX 475.00 346.75

GA00580 ADD: TDMA OPERATION 450.00 328.50

G996 ENH: OVER THE AIR PROVISIONING 100.00 73.00

State of Washington Department of Enterprise Services (DES) August 3, 2017

Contract/Master Agreement 06913 for Public Safety Communication Equipment Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Safety Communication Equipment 1-7 Contract/Master Agreement 06913 for Public Model Number Description List Price NASPO Pricing Notes GA00229 GPS ACTIVATION 0.00 0.00 This now Ships Standard GA00226 ADD: GPS ANTENNA 75.00 54.75
Tagged Passions:contract, public safety, services, and equipment

G298 ENH: ASTRO 25 OTAR W/ MULTIKEY 740.00 540.20

W947 PACKET DATA INTERFACE 0.00 0.00 This now Ships Standard QA01749 SOFTWARE KEY 0.00 0.00 Comes Standard if no ASK key ordered W22 ADD: STD PALM MICROPHONE APEX 72.00 52.56

Tagged Passions:information technology and Information Technology

B18 ADD: AUXILARY SPKR 7.5 WATT 60.00 43.80

G78 ADD: 3 YEAR SERVICE FROM THE START LITE

158.00 158.00 Services Percent Discount Charge PER HOUR Equipment configuration and system design 192.75 Technical support services 192.75 Equipment installation 192.75 Equipment repair 192.75 Engineering Professional Services 192.75 Project Management Professional Services 192.75 Service Delivery Manager 192.75 Service from the Start

Tagged Passions:manager, services, and equipment

Service from the Start Lite

1.3 APX 7500 CONSOLETTE

Model Number Description List Price NASPO Pricing Notes L30TSS9PW1 N APX7500 CONSOLETTE DUAL BAND M 4,379.00 3,196.67 On April 3rd, pricing will change to 4,554

State of Washington Department of Enterprise Services (DES) August 3, 2017

Contract/Master Agreement 06913 for Public Safety Communication Equipment Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Safety Communication Equipment 1-8 Contract/Master Agreement 06913 for Public Model Number Description List Price NASPO Pricing Notes
Tagged Passions:contract, public safety, services, and equipment

QA00579 ADD: ENABLE DUAL BAND OPERATION 1,000.00 730.00

GA00244 ADD: 7/800MHZ PRIMARY BAND 0.00 0.00

GA00308 ADD: VHF MP SECONDARY BAND 400.00 292.00

G806 ADD: ASTRO DIGITAL CAI OPERATION 515.00 375.95

G51 ENH: SMARTZONE OPERATION APX 1,500.00 1,095.00

G361 ADD: P25 TRUNKING SOFTWARE 300.00 219.00

Tagged Passions:information technology and Information Technology

GA00580 ADD: TDMA OPERATION 450.00 328.50

G996 ENH: OVER THE AIR PROVISIONING 100.00 73.00

G843 ADD: AES ENCRYPTION APX 475.00 346.75

W12 ADD: RF PREAMP 66.00 48.18

L999 ADD: FULL FP W/05/KEYPAD/CLOCK/VU 789.00 575.97 W382 ADD: CONTROL STATION DESK GCAI MIC 169.00 123.37 CA01942 ADD: DC CORD 55.00 40.15

G319 ENH: ENABLE RF MODEM 0.00 0.00

G78 ADD: 3 YEAR SERVICE FROM THE START LITE 168.00 168.00

QA01648 ADD: ADVANCED SYSTEM KEY - HARDWARE KEY 5.00 3.65 TOTAL: 10,371.00 7,616.19 Services Percent Discount Charge PER HOUR Equipment configuration and system design 192.75 Technical support services 192.75 Equipment installation 192.75 Equipment repair 192.75 Engineering Professional Services 192.75 Project Management Professional Services 192.75 Service Delivery Manager 192.75 Service from the Start

Tagged Passions:manager, services, and equipment

State of Washington Department of Enterprise Services (DES) August 3, 2017

Contract/Master Agreement 06913 for Public Safety Communication Equipment Use or disclosure of this proposal is subject to the restrictions on the cover page. Motorola Solutions Confidential Restricted Safety Communication Equipment 1-9 Contract/Master Agreement 06913 for Public Services Percent Discount Charge PER HOUR
Tagged Passions:contract, public safety, services, and equipment

Service from the Start Lite

1.4 APX 6500 Model Number Description List Price NASPO Pricing Notes M25URS9PW1 N APX6500 7/800 MHZ MID POWER MOBILE 2,344.00 1,711.12 On April 3rd, list pricing will change to 2,438 G806 ADD: ASTRO DIGITAL CAI OPERATION 515.00 375.95

G51 ENH: SMARTZONE OPERATION APX6500 1,200.00 876.00

G361 ADD: P25 TRUNKING SOFTWARE 300.00 219.00

Tagged Passions:information technology and Information Technology

G442 ADD: O5 CONTROL HEAD 432.00 315.36

G444 ADD: APX CONTROL HEAD SOFTWARE 0.00 0.00

Tagged Passions:information technology and Information Technology

G67 ADD: REMOTE MOUNT MID POWER 297.00 216.81

G174 ADD: ANT 3DB LOW-PROFILE 762-870 43.00 31.39

W22 ADD: STD PALM MICROPHONE APEX 72.00 52.56

B18 ADD: AUXILARY SPKR 7.5 WATT 60.00 43.80

G24 INT: 3 YEAR SERVICE FROM THE START LITE 121.00 121.00

No additional detail provided

G843 ADD: AES ENCRYPTION APX 475.00 346.75

GA00580 ADD: TDMA OPERATION 450.00 328.50

G996 ENH: OVER THE AIR PROVISIONING 100.00 73.00

GA00229 ADD: GPS Activation 0.00 0.00 This now Ships Standard GA00226 ADD: GPS ANTENNA 75.00 54.75

W947 PACKET DATA INTERFACE 0.00 0.00 This now Ships Standard QA01749 SOFTWARE KEY 0.00 0.00 Comes Standard if no ASK key ordered G298 ENH: ASTRO 25 OTAR W/ MULTIKEY 740.00 540.20

Tagged Passions:information technology and Information Technology

[ See More ]
Council Map

Welcome!

Monitor up to five cities and counties and get alerts when they plan to vote on topics you're passionate about.