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HomeMy Public PortalAbout13-8697 Change Order to D Stephenson in the amount of $123,328.08 for the Helen Miller Center Sponsored by: City Manager RESOLUTION NO. 13-8697 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER TO D. STEPHENSON, INC., FOR SERVICES IN THE AMOUNT OF $123,328.08, AND TO PURCHASE EQUIPMENT FOR THE HELEN MILLER CENTER PROJECT, IN AN AMOUNT NOT TO EXCEED ONE HUNDRED NINE THOUSAND THREE HUNDRED EIGHTY-SEVEN DOLLARS AND SIXTY-TWO CENTS ($109,387.62), PAYABLE FROM ACCOUNT NUMBER 44-541814, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City received a Change Order from D. Stephenson, Inc. to perform additional work associated with upgrades and enhancement of Helen Miller Center and adjacent Segal Park; and WHEREAS, the Change Order in the amount of$123,328.08 has been approved by Miami-Dade County for services such as interior upgrading, painting shelters and fencing adjacent to Segal Park, sealing sidewalks, cleaning manholes/catch basins surrounding the Helen Miller Center; trimming and cutting vegetation, purchasing and installing furniture, fixtures/equipment, and security system; and WHEREAS, additional funds of$109,387.62 are also now required for staff costs, permits and inspections, quality low-voltage wiring, FP&L, computer equipment, and appliances for the Helen Miller Center; and WHEREAS, the $109,387.62 will be actual costs of service, lowest quotes, or will be piggybacked on qualifying contracts from the State of Florida or local municipalities, Resolution No. 13-8697 and is reimbursable by Miami-Dade County if the City follows the proper purchasing process. WHEREAS, the City Commission of the City of Opa-locka desires to authorize the Change Order and the additional funds for services and equipment for the Helen Miller Center. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka, hereby authorizes the Change Order with D. Stephenson, Inc. in the amount of$123,328.08, and authorizes the request for additional funds, associated with upgrades and enhancement of Helen Miller Center, including equipment, in an amount not to exceed One Hundred Nine Thousand Three Hundred Eighty-Seven Dollars and Sixty-Two Cents ($109,387.62), payable from Account Number 44-541814, a budgeted item. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 23rd day of Octob- 2013. i YRA t►r• YLOR MAYOR Attest to: 1 • Jo a Flores Cit Clerk 2 Resolution No. 13-8697 Approved as to form and legal sufficiejcy: if\ )Y0 r ' I c Joseph S. eller GREENS'OON MARDER PA City Attorney Moved by: COMMISSIONER JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 3 OPT, nSe/t4 t3 ' k `� °s Jr "lam • e O As.O RAI60 City of Opa-Locka Agenda Cover Memo Commission Meeting October 23, 2013 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 15t Reading 2nd Reading (EnterX in box) Yes No (EnterX in box) Public Hearing: Yes No Yes No (Enter X in box) Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) 44-541814 (Enter X in box) BUDGETED Contract/P.O. Required: Yes No RFP/RFQ/Bid#: (Enter X in box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational 0 Bus.&Economic Dev El Public Safety 0 Quality of Education O Qual.of Life&City Image = Communcation Sponsor Name City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER WITH D. STEPHENSON, INC. IN THE AMOUNT OF $123,328.08 AND AUTHORIZATION FOR THE CITY MANAGER TO INCUR COSTS IN THE AMOUNT OF $109,387.62 FOR SERVICES AND EQUIPMENT FOR THE HELEN MILLER PROJECT, PAYABLE FROM ACCOUNT NUMBER 44-541814(BUDGETED) Staff Summary: The City of Opa-locka received a change order from D. Stephenson, Inc. to perform additional work associated with upgrades and enhancements for the Helen Miller Center and adjacent Segal Park, which includes: painting of fencing/adjacent buildings and shelters in Segal Park; sealing asphalt pavement; cleaning out manholes/catch basins surrounding the Helen Miller Center; trimming and cutting back trees/vegetation; installing interior building upgrades; purchasing and installing furniture, fixtures &equipment; and installing a security system. This change order in the amount of$123,328.08 has already been approved by Miami Dade County. Additional funds are required to cover the fees associated with: staff costs; permits; inspection s; low voltage wiring, FP&L costs; computers; peripherals and smart boards. These upgrades and enhancements will provide furnishings, computers, security, ease of maintenance and beautification of the Helen Miller Center and adjacent Segal Park. These services and purchases procured by the City will cost $109,387.62 and will bring the total cost of the project (including the above change order) to $2,777,474.93, the total amount of the Community Development Block Grant. We have received confirmation from Miami Dade County that this amount will be reimbursable as long as we follow the City's purchasing process. Approval Attachment: (1) Approval of Miami-Dade PHCD (2) D. Stephenson Change Order (3) Copy of Resolution#13-8629 (4) State of Florida Dell Contract (5) Miami Gardens Contract (6) City of Tucsan, AZ—CDWG Contract (7) Quotes for all City incurred costs aicy (ye APAciginiCHA •` 4s�N'F'L r5 • Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Joseph L. Kelley Commissioner Tiny6t i y Holmes Commissioner 1 oro y Johnson Commissioner ui . Santia. FROM: Kelvin Baker, Sr. , City Man DATE: October 16,2013 RE: Resolution: Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER WITH D. STEPHENSON, INC. IN THE AMOUNT OF $123,328.08 AND AUTHORIZATION FOR THE CITY MANAGER TO INCUR COSTS IN THE AMOUNT OF $109,387.62 FOR SERVICES AND EQUIPMENT FOR THE HELEN MILLER PROJECT, PAYABLE FROM ACCOUNT NUMBER 44- 541814(BUDGETED) Description: The City of Opa-locka received a change order from D. Stephenson, Inc. to perform additional work associated with upgrades and enhancements for the Helen Miller Center and adjacent Segal Park, which includes: painting of fencing/adjacent buildings and shelters in Segal Park; sealing asphalt pavement; cleaning out manholes/catch basins surrounding the Helen Miller Center; trimming and cutting back trees/vegetation; installing interior building upgrades; purchasing and installing furniture, fixtures & equipment; and installing a security system. This change order in the amount of$123,328.08 has already been approved by Miami Dade County. Additional funds are required to cover the fees associated with: staff costs; permits; inspections; low voltage wiring, FP&L costs; computers; peripherals and smart boards. These upgrades and enhancements will provide furnishings, computers, security, ease of maintenance and beautification of the Helen Miller Center and adjacent Segal Park. These services and purchases procured by the City will cost $109,387.62 and will bring the total cost of the project (including the above change order) to $2,777,474.93, the total amount of the Community Development Block Grant. We have received confirmation from Miami Dade County that this amount will be reimbursable as long as we follow the City's purchasing process. Financial Impact: This project is fully funded through the Miami-Dade County Public Housing and Community Development Block Grant (CDBG) funds from U.S. Department of Housing and Urban Development (HUD). The change order will not exceed the funded budget for the project. The total funding for the entire project will be$2,777,474.93,which is the full amount of the grant. Implementation Timeline: Immediately. This project must be substantially completed by October 31, 2013 and dollars committed; otherwise PHCD may recapture the funds. Legislative History: Resolution No. 13-8629 Recommendation(s): Staff recommends approval. Analysis: The D. Stephenson Change Order #2 in the amount of$123,328.08 includes the following: Site Maintenance, Walkway Seal, Fencing & Gates, Tree Trimming, Countertop Upgrades, Interior Finish Upgrade, Painting, Furniture, Fixtures, & Equipment, Window Treatment, Security, FP&L Ductbank (Feeder Wire), and Feeders to Park. The costs the City will incur in the amount of $109,387.62 includes the following and will mostly be piggybacked from the State of Florida contracts. Item Price Procurement Opa-locka staff costs $30,506.00 Actual Costs Permit & Inspection fees $33,106.37 Actual Costs (County& City) Quality Wiring — Low Voltage $15,578.00 Piggyback from City of Miami wiring Gardens contract Florida Power& Light estimate $1,000.00 Estimate DELL - computers and desktops $4,983.09 Piggyback from State of Florida contract DELL - computers and desktops $2,282.84 Piggyback from State of Florida contract DELL - server $6,621.32 Piggyback from State of Florida contract CDWG - printers $1,911.12 Piggyback from City of Tucson, AZ contract AVI/APL—smart boards& cart $12,653.94 Lowest of four quotes selected: AVI/SPL - $12,653.94 Prosound Equipment - $16,080.00 Digital Video Systems - $17,003.39 Xerox Audio - $20,264.26 SEARS - Appliances $744.94 Lowest of four quotes selected: Sears - $744.94 Brandsmart- $923.98 Home Depot- $1,098.00 Costco - $1,169.98 TOTAL $109,387.62 Attachments: (1) Approval of Miami-Dade PHCD (2) D. Stephenson Change Order (3) Copy of Resolution#13-8629 (4) State of Florida- Dell Contract (5) Miami Gardens - Quality Wiring Contract (6) City of Tuscan, AZ - CDWG Contract (7) Quotes for all City incurred costs PREPARED BY: Erskin M. Howard, Construction Manager Mohammad Nasir, P.E., City Engineer/CIP Director Public Housing and Community Development 701 NW 1St Court, 14m Floor Miami, FL 33136 M IAM I'DADE T 786.469-2100 F 786-469-2236 COUNTY i www.miamidade.gov Carlos A.Gimenez,Mayor October 8, 2013 Mr. Kelvin L. Baker, Sr. City Manager City of Opa-Locka 780 Fisherman Street, 4t" Floor Opa-Locka, Florida 33054 RE: Approval of Change Order#2 for the Helen Miller-Segal Park Improvements Project Dear Mr. Baker: Public Housing and Community Development (PHCD) has reviewed the Change Order package submitted by the City of Opa-Locka for the Helen Miller-Segal Park Improvements Project. The Change Order from D. Stephenson Construction, Inc. has been approved by PHCD. You may proceed to sign the Change Order increasing your contract value for this project to $2,668,087.31. Please contact me at 786-469-2131, if you have any questions regarding this matter. -rely, /esus Hernandez Project Manager Erskin M. Howard From: Hernandez, Jesus (PHCD) [jesher@miamidade.gov] Sent: Wednesday, October 16, 2013 9:42 AM To: Erskin M. Howard Cc: Mohammad Nasir Subject: RE: Reimbursable Expenses - Helen Miller Center Mr. Howard,your budget is for 2.7 Mil. If you have a balance of$109,387.62 and you spend it on the project it will be reimbursed. However make sure you follow proper procurement procedures and provide the proper documentation for PHCD approval prior to the expenditure(computers; smart boards; and a refrigerator and microwave for the break room.)Staff costs should be well documented and must be pre-approved by PHCD. low voltage wiring, FP&L, permit fees and inspections cost should also be pre-approved by PHCD. Thanks,Jesus From: Erskin M. Howard [mailto:ehoward @Opalockafl.gov] Sent: Tuesday, October 15, 2013 12:56 PM To: Hernandez, Jesus (PHCD) Cc: Mohammad Nasir Subject: Reimbursable Expenses - Helen Miller Center Jesus, Per our conversation I am attaching a copy of items the City of Opa-locka will incur on behalf of the Helen Miller Center. The items total$109,387.62, which consists of: staff costs; low voltage wiring; FP&L; permit &inspection costs; computers; smart boards; and a refrigerator and microwave for the break room. Please response ASAP so that the City Manager can call a special commission meeting for City approval.Time is of the essence. Thanks, Erskin No virus found in this message. Checked by AVG - www.avg.com Version: 2013.0.3408/Virus Database: 3222/6754 - Release Date: 10/16/13 1 THE GREAT 0' 1 r 9",......._. .,1. • _.;9" > i r, '1,?, ,s October 7, 2013 Jesus Hernandez,Project Manager Miami Dade County Public Housing&Community Development 701 NW 1 Court, 14th Floor Miami,FL 33136 Re: Helen Miller Center Change Order No.2—Da Stephenson Construction Approval of costs in the amount of not-to-exceed One Hundred Twenty Three Thousand Three Hundred Twenty Eight Dollars and Eight Cents($123,328.08) is requested to provide: clean out of catch basins/manholes; walkway sealing;new gate; interior upgrades;painting;FF&E, and security for the Helen Miller Center Project.These changes are required for the purposes of beautification, security and enhancements for the Helen Miller Center and adjacent Segal Park. The timeliness of this work is critical to the successful completion of this project by October 31,2013 and therefore it is crucial that the change order be approved to allow sufficient time to invoice cost and incorporate them into the final payment application. Attached is the change order with the supporting documentation.Again,I would like to reiterate the importance of this change order to the overall success of this project and the timeliness of your approval is vital so that construction can continue without interruption. Regards, k-A,-).12,-, Ili i4.1c.L...G-1--Q..._____ Erskin M.Howard Construction Manager CC: Kelvin L. I:aker, City Manager- Mohammad Nasir, City Engineer David Chiverton,Assistant City Manager Charmaine Parchment,Accountant CITY HALL 0 780 FISHERMAN STREET,4TH FLOOR,OPA-LOCKA, FLORIDA 33054 0(305)688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP 8r�heu l li iiie, DSC Contract Amount item Anticipated Costs DSC Contract Amount $2,321,793.00 Change Order#1 (Piles) $222,966.23 Subtotal 1 $2,544,759.23 Change Order#2 (Various) $123,328.08 Total $2,668,087.31 Grant Amount $2,777,474.93 Remaining Balance $109,387.62 • ti If t E' October 2, 2013 rev. October 7, 2013 City of Opa-Locka 780 Fisherman Street, 4th Floor Opa-Locka, Florida 33054 Attn: Erskin Howard T- (305)953-2868 Email: ehoward @opalockafl.gov Re:The Helen Miller Community Center Project—Change Order Request#002: Owner Requested Scope Modifications Dear Mr Howard, Per Article 12 of the Contract Agreement, we herein submit Change Order Request 002 to perform the Owner Requested additional work for the above referenced project. This proposal is based upon performing the work detailed in the revisions noted below using the most economical practices of the industry with the addition of the terms and qualifications referenced below and/or attached. Description of Change: The Scope of this Owner Requested Change Request includes buildings & site improvements; Enhancements/Upgrades of flooring materials and vvindow treatments; Interior Furnishings, walkway paths as well as the addition of Security Systems as described in detail in the proposal Qualifications & Clarifications. Terms and Conditions: 1 Although this change negatively impacts the schedule, the Design/Build Team and subcontractors will accelerate work where practicable, and work extended hours and weekends to meet the completion date of October 31, 2013. The consideration to potentially assess liquidated damages shall be extended and shall not apply before December 1, 2013. 2. We reserve the right to correct this quote for errors and omissions. Total Amount of this Change: Additive sum of One Hundred Twenty Three Thousand Three Hundred Twenty Eight Dollars and Zero cents ($123,328.00). Thank you for the opportunity to submit this proposal for additional work on the above referenced project. If accepted, please sign and return this proposal while keeping a copy for your files. Please forward the formal Change Order to D. Stephenson Construction accordingly. Approved an y Aope. ted ,•By _////,/ - `- - By: D. STEPHENSON CONSTRUCTION, INC. Owner or Agent for Owner Dwight Stephenson, President Accepted day of_ Cc: Steve Aks—D. Stephenson Construction Harry Darling—D. Stephenson Construction Ty Stanley—D. Stephenson Construction Attach: (1)Estimate Summary Sheet; (2)Qualifications&Clarifications 6241 North Dixie Highway Fort Lauderdale, FL 33334 Ift d t` -..2 .. . u i �- Date:10(2/2013 rev.1014/13;10/7/13 Helen Miller Community Center Change Order Request#002:Owner Requested Scope Modifications CSI CODE DESCRIPTION BID AMOUNT SUB/VENDOR GENERAL CONDITIONS $ 1,254.00 DSC 02-0000-S SITEWORK 02-1000-S Site Utility Maintenance $ 500.00 Gibraltar Group 02-1100-S Walkway Surface Restoration $ 2,500.00 Gibraltar Group 02-7100-S Fencing&Gates Allowance $ 5,000.00 Fencing&Gates Allowance 02-8000-S Tree Trimming 1.500,00 CoCo's Tree Service DIVISION D2 TOTAL $ 9,500.00 06-0000-S WOOD&PLASTICS 06-4160-S Solid Surface Countertop Upgrade $ 3,266.00 HT Cabinetry 06-6000-S Rough Carpentry $ 300.00 DSC DIVISION 06 TOTAL $ 3,566.00 09-0000-S FINISHES 09-3100-S Interior Finish Upgrades $ 2,900.00 Floranada 09-9000-S Painting J., 5.000.00 NJ Painting DIVISION 09 TOTAL $ 7,900.00 10-0000-S SPECIALTIES 10-4010-S Interior Signage Allowance $ No Bid 10-8000-S Corner Guard: &Chair Railings $ - No Bid DIVISION 10 TOTAL $ 11-0000-S EQUIPMENT 11-9000-S Furnishings(FFE) $ 27,551.86 National Business Furniture DIVISION 11 TOTAL $ 27,551.86 12-0000-S FURNISHINGS 12-5000-S WinuowTruartmon ts-PhiferSheerweeve 6,00(1.00 R&D Window Cuvenng DIVISION 12 TOTAL $ 6,000.00 16-0000-S ELECTRICAL 16-1000-S Security/Access Systems $ 39,676.00 A-Best Security 16-5400-S FPL Ductbank $ 11,560.00 Universal Electric 16-6100-S Feeders to Park Office 2.60!0u0 Universal Electric DIVISION 16 TOTAL $ 53,836.00 SUBTOTAL $ 109,607.86 01-9990-0 DSC CONTINGENCY $ - 0.00% INSURANCE&BONDS 19-3000-0 Builder's Risk Insurance $ 1,644.12 1.50% 19-4000-0 General Liability&Umbrella $ 1,370.10 1.25% 19-5000-0 PaymenUPerformance Bond $ 2,637.00 2.14% PERMIT&FEE 19-1000-0 Permit Fees(EXCLUDED) $ 0.00% 19-1000-0 Concurrency&Impact Fees(EXCLUDED) $ 0.00% 19-1000-0 Threshold&Special Inspections(EXCLUDED) $ 0.00% 19-2000-0 Builder's Fee $ 8,069.00 7.00% TOTAL BASE ESTIMATE $ 123,328,08 / ry I rttil Helen Miller Center at Segal Park 2331 NW 143'd Ste Opa-Locka, Florida 33054 •ctober 2,2013(revised)October 4,2013;October 7,2013 Change Order Request#002: Owner Requested Scope Modifications Qualifications & Clarifications 1. Although this change negatively impacts the schedule, the Design/Build Team and subcontractors will accelerate work where practicable, and work extended hours and weekends to meet the completion date of October 31, 2013. The consideration to potentially assess liquidated damages shall be extended and shall not apply before December 1, 2013. 2. The work of this change request shall not be cause to deny D. Stephenson Construction, Inc. achievement of project completion milestones applicable under the Construction Agreement through Owner Change Order No. 1. DETAILED SCOPE SUMMARY BY CSI DIVISION: 3. DIVISION 2 - SITEWORK a. Site Utility Maintenance work includes cleaning approximately four (4) existing storm drainage catch basins/yard drains that are adjacent to the new building. b. Walkway Surface Restoration work includes seal coating approx. 8,000 SF of asphalt walk paths. Asphalt patching is excluded. c. The Fencing Sr. Gates Allowance is intended to provide an approx. 16 FT wide decorative metal fence (to match existing) on rollers at the southwest parking lot entry. No other fencing work is included in this scope, d. The Landscaping & Irrigation Allowance is intended to provide for trimming of all overgrown vegetation/trees adjacent to the new building. 4. DIVISION 6 - WOOD & PLASTICS a. Provide owner requested counter-top upgrade at the Break Room - furnish solid surface counter top and backsplash in lieu of plastic laminate. 5. DIVISION 9 - FINISHES a. Interior Finish Upgrades work includes epoxy grout at all restroom porcelain floor tile (only); upgrade to provide carpet tiles in lieu of broadloom carpet; paint the existing Segal Park buildings, pavilions, entry monument, boundary fence pedestals, metal picket fence & gates and lift station to match the new Helen Miller Building. 6241 North Dixie Highway I Fort Lauderdale, FL 33334 Ph- a54.-11'-7n7n Pay elect Miller Center at Segal Park 2331 NW 143rd St. Opa-Locka, Florida 33054 October 2,2013(revised)October 4,2013;October 7,2013 Change Order Request#002: Owner Requested Scope Modifications Qualifications & Clarifications 6. DIVISION 11 - EQUIPMENT a. The Furnishings scope includes utilizing the Owner's Preferred vendor to furnish and install the complete Furniture Scope as negotiated between Owner and Vendor per Quote # QA190895 dated 9/27/13 from National Business Furniture, LLC. 7. DIVISION 12 - FURNISHINGS a. The Window Treatments scope includes furnishing and installing manual roller shades with Phifer SheerWeave at rooms 104, 105, 106, 107, 204, 205, 206 and 207. Decorative fascia is excluded. 8. DIVISION 16 - ELECTRICAL a. The Security System scope includes utilizing the Owner's Preferred vendor to furnish and install the Security/Access system scope as negotiated between Owner and Vendor. The Design/Builder assumes that the Security/Access system shall be permitted independently to prevent delay/impact to the project Substantial Completion date. The Design/Builder is not responsible for permitting delays due to Miami-Dade Fire Department approval. Security cameras at the interior of the Building are excluded. b. Install underground feeders from FPL point-of-connection to the Building as well as a feeder to the existing Park Office. 6241 North Dixie Highway I Fort Lauderdale, FL 33334 Ph: 954-315-7020 Fax: 954-315-7030 101312013 2:25 PM HELEN MILLER CO#1 THE GIBRALTAR GROUP INC 1191 NE 160 STREET, MIAMI a FL 33162 PHONE.786 202-2990 • theg ibraltargroup(cr?,cLm ail.com PROPOSAL. Date: 9/26/2013 Project No. Project Name: Helen Miller @ Segal Park Project Location: Opalocka,FL l To: D STEPHENSON CONSTRUCTION Ty Stanley PROVIDE LABOR,MATERIAL AND EQUIPMENT (item no. j (description j Unit Quantity unit/price subtotal Walkway Repairs 1 Asphalt Repairs SF 160 $8.00 $1,280.00 2 Sealcoat Existong Apshalt Walkway SF 8000 $0.30 $2,400.00 Remove and Replace Existing Concrete Sidewalk at Double Gated Entry to Walkway along i 3 143rd Street SF 300 $8.00 $2,400.00 $6,08 I Total Amount of this Proposal $0,080.00 Submitted By: MICHAEL ROPER Date:y/26/2013 0:00 • • • < 00007l l,v,, (i'l1t t§,wv ,,,-- i) - ) -7\ - ..A - 9 ; ,, Jr 6 y :,,r 1,-- . ,,ftk - . i ' o OA-40C4f6R / 70 $ / 0 n fq—focK.q 1 .- h' '- , Sli-- CY7--7cio v 3389:,S 77, .29)ST JO It.LOCATION i L i 1.0- giTrjci Ft 33.1j13Y! ,,t .,...,(-€4,,,,.. TO I Phqn,q:#3:Q5,7r.72904,.5 33I ivw i,(p3v-a s,4, 0 fq—10 C/iCcii FL., COMMON NAME SIZE QUANTITY PRICE TiTAL IMF ' 7 °P....4),■ 11111.111111111111111 / 7 0 , 'Cl • 14C ee4 .1111111111111111111 i fi t 1 en e Mill11111111111111111111111111111 11111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIMIIIIMIIIIII 1111111111111111111111111111111111110 1111.111111 1 1111111111111.1111111.11/1111111111 i_ I, 1 1 1SUB TOTAL _. % FRJEE ESTIMATES r ii AX 7u/0 I Vs.ie I i-ol : , hereby to furnish material and labor- complete in accordance 1 with above specification of the blue prints, for the sum of: 1 50% DEPOSIT AND 50% ON JOB COMPLETION OF ALL JOBS Sep Vii! 13 3 0 0 CEO Custom � �� � ivy\ t_ "1,._:_/;..,_,I,o, - ■- 7 ?54, • • • Cabinetry innovation • pi,, t95L!- '7 7. °cCoetmerciaitt diesiderrakeJ" • PROPOSAL 7/1/1://// Proposal Submitted To: Phone Date Is Co',5� •-, - 1/; -- . Street fl %f../, job tens City,State&Zip ode �d�,fob osa 0� ` � -1' We Propose hereby to furnish material and labor-complete in accordance with speeifieatioxns below,for the sum oh ,■` �.�!. 1 dollars ti.. Payment to be made as'foll• —- — fcC4-/sue ��� 6��0, All material is guaranteed to be as d gu specifeed, fall war . comp et+ed �'�'. =�according to standard practices. Any alteration or deviation from specifications below involving extra costs will be executed only upon written- orders,and will become an extra charge over and above the est hate. All agreements contingent upon strikes,accidents or delays beyond ou•control. Owner to carry fire,tornado and other necessary insurance.Our workers are fully covered by Workman's Compensation Insurance. Authorized Signature: Note:This proposal may be withdrawn by us if not accepted within days. We hereby submit specifications and estimates fon 0042445, ' . tre i . • • • ii, e 7 f?: ', ‘-'°` ; i ------j ACCEPTANCE OF PROPOSAL°-The above prices pe 5 ior and conditions are eatis€ac try • and are hereby accepted. You are authorized to do the work as specified.. Payment will be made as outlined above. Date of Acceptan • Sagnaatuae. Su`.:awe 1 4442 14.E 6th Avenue,0.: brad P F 33334 c- - Tee:(954)5664133 Fax( 4)56&6 133 Cell:(5541.01 L ��t'/' r 11��' l � FLORANADA FLOOR COVERING NUMBER 324 S.W. 13th Avenue Proposal 12693 Pompano Beach, FL 33069 - Office: 954/351-8999 Date 9/25/2013 Fax: 954/492-5553 • ATTN: Ankit CUSTOMER PROJECT Stephenson Construction Helen Miller Alternates 6241 N. Dixie Highway Fort Lauderdale, FL 33334 Qty U/M Description Price Total • 56 SY Alternate/Add to furnish and install 32.75 1,834.00 carpet tile$20.00 material allowance r- 800 SF Alternate/Add to furnish and install 2.25 1,800.00 epoxy grout at porcelain floor tile — baths. 3,500 SF Alternate/Add to furnish and install 7.00 24 0.00 Amtico 40 mil. vinyl wood plank Barnyard Texture standard sizing. 864 LF Alternate/Add to furnish and install 3.69 3,1 .16 Johnsonite Silhouette base in lieu of regular cove base. Regular colormatch colors. For wood colors add$.75 a LF to this line. . S4 rak,OD t c3 t 00 All floor prep if necessary will be additional Total Page 1 i' �P1fuTIPaGPfOPOSfd-Nlessayell dE tie::ape 1 }Mina - -� - ` 'ayl Atlaten Remy Reply Taiwan! Delete More to Create Other Blot :., ,, Altonrroe Follow Alan or to All folder- Rule Actions' iende! - Up• unread ;otter Rerpond Adieu, 1001 1 m311 lotion: f-old Fair forwarded 10,3 metude on 9/24/20131051 ALL F1on1 r wt,rp t141 T;>l,lney3lmt014,9 tnej Seal rler 9/1 i'22132:22 PM Tr. E,rivr.1.1.4nna+;i Soloed. ALLAiRE PUJIAIING PROPOSAL ALBRITE SPECIALTY PAINTING LIC.CC#10-P-17014-X 4025 N.NOB HILL ROAD STE 110 SUNRISE FL 33351 954.4594901 CUSTOMER HOWARD ERSKIN .PRESSURE CLEAN ALL COLUMNS AND FENCE AND 4 BUILDINGS. .FILL ALL STRUCTURE CRACKS WITH ELASTOMERIC PATCH. .ALL WOODWORK SCRAPED SANDED&PRIMED WHERE NEEDED. .APPLY SHERWIN WILLIAMS MANSORY CONDITIONER(TINTED)TO THE BODY COLOR. APPLY SHERWIN WILLIAM 100%ACRYLIC(SATIN OR FLAT)PAINT. .PAINT ALL TRIMS,(SAND ALL DOORS)AND BANDS. .PAINT ALL FENCES BLACK WITH(ENAMEL)PAINT FROM SHERWIN WILLIAMS. TOTALS4,500INCLUDES PAINT AND LABOR Pd jil { N '! • 4 �,1 National Buginess Furniture Quote# QA190895 FROM CEIADC@rthficom TO You From 6 To Q i �._. I have included the quote we discussed.I am here to help with every phase of your selection process. I want to address any needs,constraints or concerns and can be reached at(888)558-9803 ext.x3548 Thank you for giving me the opportunity to be your#1 furniture source. Why buy from National Business Furniture,LLC? 1.Amazing selection-Over 44,000 items! 2.Free Lifetime Guarantee 3.Fast shipping-Most items are in-stock and arrive in 1-2 weeks. Select items ship same day.Call for details! 4.If you receive a better quote on identical or similar items,call us! Thank you. Charmaine Cameron National Business Furniture 1819 Peachtree Rd NE Ste 520 Atlanta,GA 30309 Phone:(888)558-9803 x3548 Fax(800)329-9349 Email CHARMAINEC @nbf_com Toll Free Sales:(800)558-1010 Toll Free Customer Service:(800)626-6060 http://www.nationalbusinessfumiture.com National Business Furniture National Business Furniture. ,. Ship-To Address Bill-To Address ERSKIN HOWARD ERSKIN HOWARD CONSTRUCTION MANAGER CONSTRUCTION MANAGER CITY OF OPA LOCKA CITY OF OPA LOCKA 2331 NW 143RD ST 2331 NW 143RD ST OPA LOCKA FL 33054 OPA LOCKA Ft 33054 ph:(954)549-7404 ph:(954)549-7404 fax:(305)953-2834 fax:(305)953-2834 k„end Catalog Discount Total kern Ai Qty Description Options Time Price Price Merch Espresso Wenge Top & 1_,Li 'Fable 4804 No -I 1541 I Edge/Brushed Nickel $189.00 $135.20 $ 135.20 Modest)' Panel Wks Legs Walnut Brown Scat & ) Outdoor Dining 3-4 ,_ , Back/Gray Tile Table Wks 029.00 $663.2() $1.,.7)26.40 85195 — Set 5 Piece lop/Black Frames Armless Stack Black Solid Vinyl/Black 3-4 ,,,,,,80.9s $61.56 V,954.88 51344 48 Chair 2" Seat Frame Wks - Dark Mahogany 36" Round Table 3-4 44107 1 *l ))/Black Edge & $260.00 $199.20 $I 99.20 Arched Base \A/1;s Sandtex Black Base Folding Table 60" 3-4 _ - 411 39 6 Blue Gray/Black Frame Wks $379.00 $255.30 $1.531..-,0 .. Round Folding Table Adj Cherry Top/Black Edge 3-4 v69.00 $183.70 $1,83,)mo 4137" lit 30"x72" & Frame Wks — 41143 1 Table Caddy 78in Beige 3-4 - , $319.00 $2_18.40 $238.40 -V-ertical Wks 53665 6 Fabric Guest Macro Fabric/Cherry 3-4 $189.00 $151.20 5907.20 Chair w/Arms Frame Wks 3-4 53672 1 End Table Black Top/Cherry Frame ..,, , $149.00 $119.20 $119.20 4 Shell Storag,e 3 Black Shelves/Chrome 3-4 $995.00 $796.00 $796.00 31700 I I inns 38x118 Rollers Wks ' 4 Shell'Sloragc 6 Mack Shcl■cs/Chmati: 3-4 q.,,1 (,)...;.00 ot;i)76 00 $ (I() 31716 I IHnils 36x158 Rollers Wks ' ' ' 003H 2 )ra[or I cetera '',1iillupn. ti,7(,') If' $615,20 $!..230.-to Wks prop% left,: jliack i'lasIR 1iiL? i, ;-4 1371 ( 4 . / 1 * : $.'7 5,:-1,:: a7... ‘Z A) __ . ... '' i,. k.11;Thl ; r.:.W-A! V\',. 0'.':i, '‘, l H),'i, i i!):,; ) , ..; ' \h,i '', i')-; .!') r )' 0An ■ Reception 1. l)c;, I rihcc;i Loft Burn; 3-4 `b1.949.00 $1.-179.20 $1.479.20 bt`/C i'Unler t ;miler t'herry ',Wks vVf) Drawer Tribeca Burnt 3-4 ;0- 1S I.aierai F ire L1tt�hcr Char Wks $=+49.00 $343.20 $I,O Zt)_�;0 y ,�� 72x24 Table No 1. s resso Wenure 1 op & , 41539 Panel I Age/Brushed Nickel WI $280.00 $215.20 $430,40 Legs Black Pro-grid High Back Mesh Back/Black Fabric 3-4` �'I�air Seat/Black 13<ttie°(tit -v -1 $239.00 $180.0(1 �� t)(1.00• Wks arm button) Merchandise $28,058.60; Total Discount $7,150.12; Merchandise Subtotal $20,908.48i Shipping&Handling $3,024.631 Additional Services $3,618.75 Subtotal $279551.86' Total Tax $0.00 Order Total ` 27,55 J Mb Quoted By:CHARMAINE CAMERON On:9/27/2013 Important Information: ***QUOTED WITH INSIDE DELIVERY AND INSTALLATION*** Pricing is based on items and quantities quoted.Any changes will affect quoted price. Price reflects quoted discount, valid for 90 days from 9/27/2013. Own this furniture for as little as $953.29 per month for 36 months. Call or email me for details. Please Reference Qucte# QA190895 vi)when placing your order. Quotations and drandngs are property of National Business Furniture Copyright 2013. r(Ei R& D Contract Window Covering Inc. � ® ���� 2727 W 78th Street ,� Hialeah, FL 33016 CONTRACT Phone: 305-557-5733 Fax: 305-557-7510 Quotation#: 1906 WINDOW rdCwc@bellsouth.net date: 9/26/2013 Sold To: Valid thru: 9/25/2013 D Stephenson Construction Sales Person: Tanya 6241 N.Dixie Highway Fort Lauderdale, Florida 33334 Attn:Ankit Patel Job Reference: Helen Miller Center at Segal Park QTY Description Total 16 Mecho Shade Manual with Thermoveil 1000, color Beige 1002 for first and second floors in the following areas: Room#104,105,106,204,205,206&207 Shades and Installation 5,193.00T 8 Additional Areas if requested: Stairway#201 &209 Shades and Installation 2,7 .00T Optional Fascia if requested: 16 4"Fascia to cover Shades Fascia and Installation 9 .00T 8 4"Fascia to cover Shades Fascia and Installation 45 . OT • *Fascia pricing is for ordering at the same time as shades! • • epf) - j Subtotal $9,373.00 Terms: A 50%deposit is required with your order, balance is due upon Sales Tax(6.0%) $562.38 completion. Installation will be approximately 4 to 6 weeks from receipt of order, deposit Total $9,935.38 and fabric. R&D reserves the right to increase pricing after site inspection for unknown installation difficulties;stairs,built-ins, existing top treatments, etc. Access to job site MUST be arranged by designer or homeowner. Designer MUST be present for installation. Any denial of access for scheduled installations will result in additional charges. A seven(7)ft. work area adjacent to the windows MUST be cleared by designer or homeowner prior to installers arrival. 581 NW 194 STREET _'. m BEST Miami Gardens,FL 33169 A FIRE&SECURITY INC Tel:305-999-0061 Fax:305-999-0068 Toil Free:855-360-FIRE fdummond@abestfire.com www.abestfire.com APPROVED Licit EF0000884 FM Approved#3041580 r„:wVa•,wrssrcac,r; p; rn.csnrazarmr•°•Y...a^.+s.?•z-r..iy +;x*x:..... ..,. :,... ate.,... . . - ssc -x.:�ivaro-.^•cxra;zrn .mcx;:�a; PROPOSAL ACCESS SYSTEM PROPOSAL FOR: PROPOSAL FROM: HELLEN MILLER CENTER DATE PROPOSAL# A-BEST FIRE&SECURITY INC Erskin Howard ATTN:Fred Drummond 780 Fisherman Street 581 NW 194th Street Opa-Locka,FL 33054 10/2/2013 P.01139 Miami Gardens,FL 33169 PH:954.549.7404 PH:305-999-0061 ehowardna,opalockafl.gov FDrummond@abestfire.com REP A-BEST FIRE&SECURITY PROJECT HELLEN MILLER CENTER AT SEGEL PARK Thank you for the opportunity to provide you with the following Proposal. SCOPE OF WORK A-Best Fire&Security,Inc.proposes to provide labor and material for the installation of Access Systems in the new HeIlen Miller Building. EQUIPMENT LIST. ITEM DESCRIPTION ORDERED CA8500 8 DOOR CONTROLLER 2 AL175UL 12/24VDC 1.75AH UL P 2 CIM COMMUNICATION INTERFACE 2 EVEDCR18181UL PS 12VDC 18 OUTPUT 18AMP 1 UOG71751 16V 40 VA TRANSFORMER 4 SYSTEM VII SUITE SYSTEM VII SOFTWARE 1 E-941SA-1200 MAGNETIC DOOR LOCK-1 8 K-PROX2 PROX READER MULLION 8 T-REX-LT REQUEST TO EXIT PIR W/O 2 SD-7202GC-PT ILLUMINATED PUSH TO EXIT/w BUILT IN TIMER 4 Please Note:installation is turnkey.and includes all electrical raceway,boxes.mire,labor.equipment and final inspection.The connection of the 12kv power source will be done by others and is not included in this proposal.The prevailing party to any litigation arising from this agreement shall be entitled to recover reasonable Alto,nev Vitas incurred at the trial and appellate levels.All material.parts and labor is warranted for one year. SCHEDULE OF PAYMENT -� 71.-; Due Upon Acceptance TOTAL COST OF JOB 3 f(�.l :C) $24,896.00 PROPOSAL PREPARED BY: FRED DRUMMOND-A-Best Fire&Security,Inc. ACCEPTED BY DATE (Please return by Fax or E-mail) A-BEST 581 NW 194 Street 1'1Et.F ' SECi itd 1' Miami Gardens, FL 33169 Tel: 305-999-0061 Fax:305-999-0068 Toil Free:855-360-ARE APPRt''W tdun nioncf@,abestfire.cun v14 x.abesttire ,um. Licfl EF0000884 FM Approved#3041580 PROPOSAL FOR CAMERA SYSTEM PROPOSAL FO : PROPOSAL FROM: HELEN MILLER CEN 1'ER. DATE PROPOSAL# A-BEST FIRE&SECURITY INC Erskin Howard 581 NW 194 Street 780 Fisherman Street Miami Gardens,FL 33169 Opa-Locka,FL 33054 10/6/2013 P.01139 ATTN:Fred Drummond PH:954.549.7404 PH:305-999-0061 aid I'11rumm mnv,iiA�e llii.2 Thank you for the opportunity to provide you with the following Proposal. SCOPE OF WORK Installation of Camera System: (5) Outdoor IP Vandal Dome High Resolution Axis Camera. EQUIPMENT LIST 5 OUTDOOR Axis High Resolution Outdoor IP Camera 2.8-12mm Varifocal Lot CAT 5 Cat 5 Wires 1 Power Supply 8 Amps. Altronics Power Supply 15 RS485 Connectors Please Note:Installation is turnkey,and includes all electrical raceway, boxes,wire, labor,equipment and final inspection. The connection of the 120v power source will be done by others and is not included in this proposal.POE Switch is not included in this proposal.Serer Storage space for Cameras will be provided by others. (8 Terra Bites needed). The prevailing party to any litigation arising from this agreement shall be entitled to recover reasonable Attorney's fees incurred at the trial and appellate levels. All material, parts and labor is warranted for one year. SCHEDULE OF PAYMENT 60%Deposit, 40%Upon Completion TOTAL C IST IF J B $14,780.00 (Fourteen thousand seven hundred eighty dollars) PROPOSAL PREPARED BY: FRED DRUM:MOND ACCEPTED BY DATE (please return by fax or mail) , Estimate/ Change Order MUniversal . P hilco Date Estimate# Electric of Florida, Inc 8/14/2013 COHMC-02 5784 84 N.W.1 7th Ave.Ft.Laucderdale.Fl.33309 (954)484-5233 office(954)484-5487 fast www.universelphilco.com Name/Address Job Name: D.Spethenson Construction,Inc The Helen Miller Center 6241 North Dixie Highway Ft.Lauderdale,FL.33334 Tel:954.315.7020 Fax:954.3I5.7030 Supply and Install(1)100 amp underground conduit and feeder 100'maximum Description Qty Material Material Labor Unit Price Extension Labor Extension Trenching I00 4.000 400.00 0.080 8.00 1 1/2"Pvc 100 0.446 44.61 0.030 3.00 1 112"Pvc Female 1 0.585 0.59 0.000 0.00 _ 1 1/2"Pvc coup 4 0.585 2.34 0.000 0.00 1 1/2"Pvc 90% 2 1.570 3.14 0.050 0.10 1 1/2"Rigid 10 3.150 31.50 0.130 1.30 1 1/2"Rigid 90% 2 9.550 19.10 0.150 0.30 1 1/2"Rigid coup 2 1.735 3.47 0.000 0.00 1 1/2"Rigid SS corn 2 2.940 5.88 0.100 0.20 1 1/2"Ground bushing 1 9.280 9.28 0.500 0.50 1 I/2"Straps 30 0.648 19.44 0.080 2.40 #3 Thwn 400 0.851 340.56 0,015 6.40 ##8 Thwn 100 0.280 28.00 0.008 0.80 Totals Firs Rate Cost Materials $907.91 Reimbursement for Sales Tax Paid 6% $54.47 Electrician 2300 $47.00 $1,081.00 Non-Working Foreman 2.30 $52.00 $119.60 Clean-up 0.69 $47.00 $32.43 Safety 0.35 $47.00 $16.22 Small Tools 1.00 $10.22 $10.22 Material Handling 1.00 22.70 $22.70 Subtotal $2,244.54 10%Overhead $224.45 Subtotal $2,468.99 5%Profit $123.45 Subtotal $2,592.44 Bond___ _ I'M Total $2,59244' , ...„....: . .. ...,- -. U. 9versa I 1_,--„,,,,s of Work Ehec-i:iic of Neil:Jag i n co e7E4 NN. Ave.Ft...La- ,FL 333439 j,964)4,64-5'233 soffium(954)454-6.167 fait www.gartiwarmstiphiitam.com 6/17/2013 1 - ----- ... -- Pf5IiiiiiiSiabilitiliefii81911:99017:11:1=i1M. figIKNgooalifsr-----7-2 :Migj- 1 D.Stepbenson Consa-acdon Helen Millter Center at Segal park I 12331 NW 143rd Street One Lodes:FL I I ItEle I Items included .., , I ., Coranteratz 1 —_._—t.--- — — 1 Supply and Install Interior lighting as spedfied 12 _S000ly and Inr-.61 Occupanty Sensors as per plans [Supply and Insuill a complete electrical distribution system(Svitchgear, 3 IDiscoanem Switclies,Ora&Bret:hers—) _ — ----.1 Supply and Install(1)100 am Manual Traisfar Switch and 100 amp 14 recepncle for Pormble Getimator Supply and Insmil Conduit and Feeders(Feeder Allowance for PPE,is 200' 5 Max) Not llattluded in base price see Add Alternate 41 , 6 Supply and Insoll(1)Corapie Fre/-:..L'ara System as per plans _....,..,.. _ I Vining and Final tecnination.of:al/AC Equipment(Congital wiring Is not Motor=nen and Was if required ate suppRed by I Included) others f Supply and install empry junction boxes and 3/4'conduit stubbed above T 8 the ceiling for Telepleoine and Dam outlets Wiring and Devices-by others . Supply and Insrall(2)al"empty c endniu vii±pull suing from the stew IT 1 9 Roam to the property Rite for Telelabone Service(200'Max) [Wiring and Equipment by others L............., 10 Witing and Terminann for(2)Elevator _ — — _ ®I 'Wiring and Termination lin(1)-warm heater I t 12 iWiring and Tarmiriatio for(8)Hand Dryers /Hand Dryers Supplied by others .. , _.....,_— ISupply and Insmii branch circuit vg4ring and devices.Receptacles, 113 Switches„... 14 Davis bacon Wages(Prevailing Wages) ,15 Trenchine and lieckhl."1 !Concrete for Dam:banks is not INCLUDED — If jTereporary fur Constru.crion I i 17 INC Addendont(s) — _ !-- ---1 Supply asnd Install(1)complete and operable..A.rerg of Rescue ASSISta= 18 j,System I 19 I Price based on Drawings dated June 24,2013 with No Revisions Mtill tggegg:11645:eZ:::tiZiteaRM:1-W4tWel.2::7,1q1iiirEfil ":::;::::4:741114 - ■ Inures , hems NOT Included 1 L Ceram-ems: i ._ v----;--- 1 1_ Ball Sour] ,_,,,,___ I 11 rP1,B.,1;man and a:,_,a,.':.: rues . --, I I The tenting and Ca:the Luerallation of calling wires in support/are rare I I I i II 2 ■recassed light E1.71M _ i - 1 Curing,7atcoltag end Fist Sue Vezuradon fur Drywall;1,,,,T.:1-mir and ! I ...._,.......__.._ - , .,, , ''.•,, 1 hficir S:ena.Tasc,Th. az.:_d cr-phtsf.par---, '.. .:-. U_: 1 . ' n ve sa r - - _ ._ - - 1 374:-.,!.,`FI'.17 -:-■Ave.FL,Lenderalar,s,,Fi.BaZin E ?1-73c.—r- S"dtni-fi -- (954)4,,E4-6.22,3 cflies :S51.1-)464-54E7'fez:- I gr,nri----1----1 vAvw.nrOverseirthi6no.neerg 1 4. !ie....,.6 ....! I 15 112g:inning PronirrinnEystam 1 1 i 5 lOvern4-13F2,and or Weekend Hours 1 _ i I 7 I Data,Telephone,Security end EMS wiring-and or devices --, j Linless,Specified all Motor Sorters and VS D's are supplied by the 2 _ iviech-ardmil Contractor arid in.steR by Universal E] arc I _ Painting is limited to totich-up of Electrical Equipment and Backboard I I I 4 ONLY all al er paimine is:EXCLUDED I __ 0 !Perak Fees — ------I----- ii Psyrnerz,Performance Bond 'Add 1.5%to the Base Price if Required I I I 1 I I Add Alternate 1 Supply rin-d install Fp'.Conduit am/Feeder(Feeder I h Allowance for FPL is 202'Mgr:500 AMP)! $12,185.00 L_I___, I Lipprida Sen-ice and Feeders from 500 amp to 600 amp $10,934.001 Supply FEd Msta l 120 amp Service condhuiut l aundd Feede for ae r sting .iing 100 imun $2592,0U i I 1 1 1 4 — I - .7 Note tial,Pimnassi may tie 'it by us goat accented within SO Days -- - - -_ __ - _ -_ _ 1 , - , 1 a material E5 giV2-,4716,.li SJ:ha as 51=iiiEfi.Ar,;.tee.r,:a 1:4,..cazplatad it a 12-m;"---zic,r-il ma-_--TaL'mrdEtIgm smarkall araad- --Aay Micraaan ardavfalion a= 1 , f}:,03i....vazit3mtiow.invalving-ei...tra ca:o Mil'•.--,,,la..a:St ark,um=vrdr,ma vedas5 avd will became aa msza charge mar m!dm.,,,Mtl-IP CFS.IZELYM a agemmemE ■ 1 calming=apun dehly5 beyond mu aantraL Yarzizmezaarmi ea Fay alt cmts arwilertlan,h.:du:Raz-atmmeff,few.'Mk pagzsal may'a::.,wiliadrawa by.tal Ilan 1 1,-- mrepted by the SbOtie dile:dite - . - - l Acrep=ce Sinnr,.rure: atm: 1 ---1 1 i 1 I Sponsored by: City Manager RESOLUTION NO. 1140. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A CHANGE ORDER TO D. STEPHENSON CONSTRUCTION, INC., IN REGARD TO CONSTRUCTION AT THE HELEN L. MILLER CENTER; PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE WHEREAS,pursuant to Resolution No 13-8567, the City entered into a contract with D. Stephenson Construction, Inc., for the Design Build Services for Helen Miller Center at Segal Park;and WHEREAS,per the structural engineers geotechnical report recommendation, D. Stephenson Construction, Inc. has requested that the City provide a Change Order to implement a deep foundation system for the Helen Miller Center at Segal Park;and WHEREAS, the Change Order is requested due to the low load-bearing capacity of the soil,as determined by the geotechnical study,and WHEREAS, the Change Order will not exceed the funded budget for the project, and has been approved by Miami-Dade County Public Housing and Community Development Department;and WHEREAS,the City Commission of the City of Opa-locka desires to approve the Change Order for additional work associated with implementation of a deep foundation system for Helen Miller Center at Segal Park. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section I. The recitals to the preamble herein are incorporated by reference. Resolution No. 13-8629 Section 2. The City Commission of the City of Opa-locka, hereby approves a Change Order for D. Stephenson Construction, Inc., for the additional work associated { with implementation of a deep foundation system for Helen Miller Center at Segal Park,in an amount not to exceed$222,96623,payable from Account Number 44-541802. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this rd day ofJAIL 2013. / f /T"' T TAYLOR MAYOR Attest to: 4,t i .{11.)A1--"3 J. Flores C Clerk Approved as to fonn and legal sufficiency: f j...J il/ Jo: -,,h S. O -ller Cis Atto ey Moved by: Vice Mayor Kelley Seconded by Commissioner Holmes Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: NOT PRESENT Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 2 ---- Quote _ _ DATE QUOTE NO. . _ 8/19/2013 4456 cy NAME/ADDRESS JOB SITE: CITY OF OPA LOCKA HELEN MILLER CENTER ATTN:ACCOUNTS PAYABLE 2331 NW 143RD STREET P.O.BOX 540371 OPA LOCKA,FL OPALOCKA,FL 33054 -- --- - -- CONTACT PERSON I CONTACT# *MUST INCLUDE QUOTE NUMBER ON PURCHASE ORDER* NELSON RODRIGUEZ 786-897-2892 LITEM DESCRIPTION QTY COST Total I SCOPE OF WORK 1)PROVIDE AND INSTALL FORTY-THREE(43)DUALS(2 CAT6) CABLES FROM THE SECOND FLOOR IT ROOM 213 TO END-USER LOCATIONS FOR VOICE/DATA/ANALOG CONNECTIONS. 2)PROVIDE AND INSTALL ONE(1)25-PAIR CAT3 PLENUM . CABLE FROM THE SECOND FLOOR TT ROOM 213 TO , ELECTRICAL ROOM 113(AT&T DEMARCATION). 3) PROVIDE AND INSTALL ONE CAT6 CABLE TO FIRE ALARM, 1 ' BURGLAR ALARM,AND TIME CLOCK AS REQUIRED. 4)PROVIDE AND INSTALL ONE(1)7-FT EQUIPMENT RACKS, 48-PORT CAT6 PATCH PANELS,VERTICAL AND HORIZONTAL WIRE MANAGEMENT PANELS,AND LADDER RACKS. 25PR24AWGPL 25 PR PUNTA/CEL 24 AWG C3(NONE CONTRACI ED) 100 4.50 450.001 11E-VS74 E 4.5"VERT WRE MGMT PNL(NONE CONTRACTED) 1 2 225.95. 451.90T CW-10642-001 PROTECTOR END CAPS(NONE CONTRACTED) 1 9.18 9.18T CW-11421-712 121N WALL ANGLE SUPPORT BLACK(NONE CONTRACTED) 1 1 32.80. 32.80T CW-10595-712 3"ADJ-RK MTG PLTE 9"TO 12"WIDE(NONE CONTRACTED) 1 42.82 42,821 6AWG/GRD NO#6 AWG GROUND WIRE(NONE CONTRACTED) 751 2.50. 187.50T PURCHASE.. MISC SLEEVES,COREDRILL,FIRES.TOP,AND J-HOOKS 1 400.00 400.00T CMG-CAT6 100FT CATEGORY 6 QUAD CABLE,PLENUM 172 30.00' 5,160.00 CMG-FACEP... MODULAR FACE PLATE FRONT LOADING 43 0.78, 33,54 CMG-CAT6JK MODULAR JACK CAT 6 90 5.00 450.00 CMG-GANG... STANDARD BOX 1.78 INCH DEEP I GANG DEVICE BOX 3 7.00 21.00 I CMG-66BLK MODULAR 66 CROSS CONNECT BLOCK 2 7.00' 7.4.00T L. , _ ._._ 1 Thank you for your bus:Iness.Hcr v.L project It/Lamm- ! Total I . _ c PF.,TEi I'. Quote/ ) 1 ,, ,,, k ....:( ) 1))Ns'it— Li.) - ( DATE COMII 8/19/2013 4456 , NAME/ADDRESS JOB SITE: CITY OF OPA LOCKA HELEN MILLER CENTER ATTN:ACCOUNTS PAYABLE 2331 NW 143RD STREET P.O.BOX 540371 OPA LOCKA,FL OPALOCKA,FL 33054 CONTACT PERSON CONTACT# *MUST INCLUDE QUOTE NUMBER ON PURCHASE ORDER* NELSON RODRIGUEZ 786-897-2892 ITEM DESCRIPTION QTY COST Total CMG-TRACK 7 FT X19 IN RELAY RACK 1 100.00 100.00T CMG-3.5110... 3.5 HORIZONTAL WIRE MANAGEMENT PANEL 4 33.74 134.96 CMG-CAT6P... '48 PORT PATCH PANEL CATEGORY 6 568 A/B 3 80.00 240.00 CMG-12"LAD... 12 INCH LADDER RACK(LENGTH 10FT) 1 60.00 60.00 CMG-3B4X8 BACK BOARD,FLUSH MOUNTED,4'X8'FIRE RETARDANT 1 50.00 450:07 CM/LABTECH LABORfrECHNICIAN REGULAR HOURLY 172 45.00 7,700 FLORIDA SALES TAX 0.00% 0.00 1 r 1 1 Thank you for your businesc%Tiee v Ii..--project Manager __________ ____ L Total vi g,7 70 i ,_., Facie 2 ..e ti.e„.>„�_�� , 1aMe: •..,vow.ac AM soeK_' a,s:r2.f. raPelc./2.24v,64u avueaUSVU( v T aa&auvr QUOTATION DOLL Quote$k 953939534 Cupfiotrer 001579693 Contract WN05ACA. 'uet rnerAgreecent#, 250WSCA10ACSa 62V160 Quote Date: 0912412013 Date: 9124/2013 ustorp or Nate e CITY lF OPA=LOCKA Thanks for choosing Deiii Your quote is detailed[Deice,please review the quote for product and informational accuracy. if you find errors or desire Pertain changes please contact your sales professional as soon as possible. Sales Professional Information SALES PEP: OWENS,JOEL PI1ONEe 1800-8793355 Email Addressa Joel oyeens[dell.c©r Phone Ems: 5139768 GROUP: 1 QUANTITY: 7 SYSTEM PRICE: 5711.87 GROUP TOTAL: $4,983.09 Description fInantity OptiPlex 3010 Desktop Standard PSU(225-3520) 7 3rd Gen Intel Core i5-3470 Processor(Quad Core,6MB,3.20Gt w/hD2500 Graphics),Deli OptiPlex 3010(319-0734) 7 4GB Single Channel DDR3 1800MHz(4GBx1)(370-ABEtd) 7 Dell USB KB,English,WIN7/8,OptiPlex and Precision Desktop(331-9586) 7 Dell E Series E1912H 18.5"Monitor,18.5 Inch VIS,Widescroen,VGA(321-0081) 7 Intel/4174;Integrated Graphic*Mingle HDMINGA,Optiplex 3010(320-3803) 7 500GB SATA 3Gb/s,OPTI 3010(3424950) 7 Windows 7 Professional,No Media,64-bit,OptiPlex,English(421-5806) 7 Windows 7 Label,OptiPlex, Fixed Precision,Vostro Desktop(330-6228) 7 Dell Client System Update(Updates latest Dell Recommended BIOS,Drivers,Firmware and Apps),OptiPlex(421-5334) 7 Dell MS111 USB Optical Mouse,OptiPlex and Fixed Precision(330-9458) 7 16X DVD+/-RW SATA,Data Only,DelI OptiPlex 3010 Desktop or Minitower,Black(318-2234) 7 Thank you for Choosing Dell(318-2231) 7 Heat Sink,Performance,Dell OptiPlex(331-3194) 7 Dell Stereo USB SoundBarAC511 for Latitude,OptiPlex,Precision,Vostro(520-AA Iu0) 7 OptiPlex 3010 Desktop Standard Power Supply(318-2350) 7 Enable Low Power Mode for EUP Complance,Dell OptiPlex(330-7422'J 7 Regulatory Label,Dell OptiPlex 3010 Desktop(331-8141) 7 Safety/Environment and Regulatory Guide(English)(340-AOSZ) 7 Power Cord,125V,2M,C13,Dell OptiPlex(330-1711? 7 No ESTAR Settings,OptiPlex(331-8325) 7 Resource DVD contains Diagnostics and Drivers for Dell OptiPlex 30W(331-7686) 7 Trend 3.5,Micro`,feoroe-Free Business 3sourity Services,15 Iona Min. Dell OptiPie°e; Precision end Latitude( 2 si-61176 E Df 2 ' x/24/2913 I2:28;?'1MM 7 s a C ,rta.::U Ui�1!Ca4r suee.,",hi.,osoia AP vuo."_gupe.'.C'ap kiewy1,9Da riid79Il.d 4nX➢AN 71,UAW;Yr 3.!Pciu y%.. r Chassis intrussion Switch.Dell OpliFlex Ultra Small F . Factor and'esf ®®(317-2828) 7 No Quick Reference ei.iide;Deil OptiPlex(310-9444) 7 Shipping Materiai for SystemPell OptiPlex(331-1 269) 7 INticrosoft effice Thai,iVilli,OptiPlex,Precisions..Latitude(63 A ABP) 7 Basic iiardware Service:Next Business Day Onsite Service After Remote Diagnosis 2 Year Extended(939-7288) 7 Basic Hardware Service:Next Business Day Onsite Service After Remote DiaLrnosis initial Year(939-6748) 7 Dell Limited Ha: ware Warranty Plus Service Extended Year(s)(930-5538 7 Dell Limited Hardware Warranty Plus Service Initial Year(936-24177) 7 Dell ProSupport Service Offering Declined(991-2878) 7 Total Purchase Price: $4,9$3.09 Product Subtotal: $4°933.09 Tax: $0.00 Shipping&Handling: $0.00 State Environmental lee: $0.00 Shipping Method: C Tim 5 DAY OR LESS ('Amount denoted in ti Statement of Conditions The information in this document is believed to be aerate.-lowever,Del assumes no responsbilty for inaccuracies,errors,or omissions,and shall riot be gabie for dint;indirect,special,inoide tai,or consequential damages reeuitlng from any such error or omission.Dellis not responsible for pricing or other errors,and reserves the right to cancel orders arising from such errors. Del may matte changes to this roposal Including changes or updates to the products 91T1 eNic. es described,including pricing,without notice or oblgaticn. This proposal Is not Mended to create a contractual relationship.Ltnbss expressly agreed ct*.erwbe in a writing signed by the parties,oil orders by CITY OF OPA-LOOM for Del products and services shall be subject to Den Terms and Cordllbns of Sale-Direct,which can be fond abstemdtAeern.Wres,and which Incorporate DeWs U.S.Return Policy,atwww.gel comlreturnndicri gtal.Please reed those terms carefully and in their entirety,and note In particular that Dell EqualLogfc and EqualLogic-branded products,DeIjEMC and EMO-branded products,Poore. At ML5000 tape libraries,non-Dell-branded enterprise products,enterprise software,and customized hardware or software products may not be retuned at any lime.Orders also shall be subject to the terms of any applicable service contract(s),w h i c h can be found at!!+ww:dell cor'!1ge"oceconcacts. All information suppled to CITY OF OPA.LOCKA for the purpose,or ttts proposal is to be considered ocoildentfal`afarmatian belonging to Del. /bout Daft Del Inc.(NASDAQ:DELL)listens to customers and dell ens innovative technology and services they trust and value.Uniquely enabled by its direct business model,Dell is a leading global systems and oerviis ce mpany and No.34 on the Fortune 500.For more niorrnation, visit ors mstiet.l^9. . Privacy Policy Dell respects your privacy Gross cur business,around the world,Dell will cciect,store,and use customer information only to support and enhance our relationship with your organization,for example,to process your purchase,provide service and support,and share product,service,and company news and offerings with you.Dell does not sell your personal information.For a complete statement of our Global Privacy Policy,please yisit,Jei_yym m .a 9'24'2013 i2:28 PM 6 t--.�.�,ae..--•.,r waAb.(:! tan Inds LjS!H G4 mut.P.&AWAY ry 89.634JV'Y J/SVAllim.., QUOTATION DOLL Quote a: 83938 Customer It. 001579593 Contract# WNO5ACA Custom erAgreemerit#:: 250WSCA10ACSoB27180 Quote Date: 09/24/2013 Date: 9/24/2013 Customer Name: eF*PA-LOCKA Thanks for choosing Delll Your quote is detailed be! w;please review the quote for product and infonnationa am:racy.If you find errors or desire certain changes please contact your sates professional at soon s possible. Sa;Iec Professikr ai Information SALES EP: OWENS,JOEL PHONE: 1800-8793355 Email Address: ;oea_,owlenspdell,r_c:;_i Ph..rye Extt 5139768 GROUP: 1 QUANTITY:4 SYSTEM PRICE: $870.71 GROUP TOTAL: $2,28214 Description Quantity Dell Latitude E5530(225-2984) 4 3rd gen Intel Core i3-311 OM Processor(2.4GHz,3M cache),Dell Latitude E5X30(319-1169) 4 4.0GB,DDR3-1600MHz SDRAM,1 DIMM,Dell Latitude(317-9935) 4 Documentation(English),Dell Latitude and Precision Workstations(332-0472) 4 Tech Setup Guide,English,Dell Latitude E5X30(331-6017) 4 Internal English Single Point Keyboard, Latitude E(331-9867) 4 Internal Keyboard Cable,Dell Latitude E5530(331-7408) 4 Express Card(318-1936) 4 320E Hard Drive,7200RPM,Dell Latitude E6230,E5X30(342-2355) 4 Integrated Palmrest without Finger Print Reader(331-6467) 4 15.6"HD(1366x768)Anti-Glare WLED-backlit,Dell Latitude E5530(320-3219) 4 Windows 7 Home Premium,64-bit,No Media,Latitude,English(421-8036) 4 Windows 7 Label,Latitude,Vostro and Mobile Precision Notebooks(330-6322) 4 Software,DDPA(Dell Data Protection Access),version 2.3, Dell Latitude EXX30(421-8718) 4 No Modem for Latitude E-Family(313-9606) 4 US-3 foot Flat Potwar Cord,Dell Latitude(330-4016) 4 65W 3-Pin,AC Adapter,Dell Latitude E4(331-5830) 4 Reguiatory Label,Dell Latitude E5530(331-8470) 4 8X DV*,Dell Latitude EXXO(318-0371) 4 8X DVD Bezel,Dell Latitude E5X30(318-1811) 4 Thank you fo?CAccoing Dell(318-2231) 4 Noise Cancelling Dig:` 8 Array Microphone,Deli Latitude E5530(318-1934) 4 Dell Wireless 1504 802.11 glee Single Band ir39i-Fl Half 6M. kui-card,Dell Latitude E4/Mobile Precision(430-4639) 4 eroadcom Tr Manage,Dell Latitude E5X30(331-7217) 4 9(24'2015 12.28 PM uses s!ua AICLIAppl.falk4! P.9'L%o.:-ustriu`YY Lwowh."L5II'1pS�... r 6-Dell(60W1i)Primary Lithium Ion Battery;(2.8Ah)Expresseharge Capable for Latitude E4 (312-1318) 4 McAfee SecurityfCenter 12 Month Subscription(650 AAEM) 4 Energy Star 5.2 Enabled/EPEAT(339-6464) 4 No Productivity Softiare,Dell OptiPlex,Precision urd Latitude(421-3872) 4 Basic Hardware SeMce:Next Business Day Onefte Service After Remote Diagnosis;initial Year(994-9331) 4 Dell limited Hardware Wa-ranty Pill Service initial Year(995-1521-i 4 No Warranty beyond initial term(988-7347) 4 Dell Prosupport Service Offering Declined(991-2310) 4 Intel Core.3 Processor(331-2349) 4 `Total Purchase Price: $2,282.84 Product Subtotal'. $2,282.34 Tax: $0.00 Shipping&Handling; $0.00 State Environmental Fee: $0.00 Shipping Method: LTL 5 DAY OR LESS (*Amount denoted in$) Statement of Conditions The information in this document is believed to be accurate.However,Del asSWIMS no responsibility for Inaccuracies,errors,or omissions,and shaft not be liable for direct,indirect,sper✓a!,incidental,or consequential damages resulting from any such error or omission.Del Is not responsible for pricing or other errors,and reserves the right to cancel orders arising from such errors. Del may make changes to this proposal knckedmg changes or updates to the products and services described,including pricing,without notice or obligation. This proposal is not Intended to create a contractual relationship.Unless expressly agreed eternise in a writing signed by the parties,all orders by CITY OF OPArLOCKA for Dell products and services shall be subject to Dell's Terms and Conditions of Sale-Direct,which can be found entAlttL4i,corn/terms,and which incorporate Defs U.S.Return Poky,at www .Please read those terms carefully and in their entirety,and note in particular that Dell EqualLogic and EqualLogio-branded products,DelllEMC and EMC-branded products,Powerutt MLe000 tape Abrades,non-Del-branded enterprise products,enterprise software,and customIzed hardware or software products may not be returned at any time.Orders also shall be subject to the terms of any appiicabla service contract(s),which can be found at www_detiA;orrts. icecontracts. PA knformatien supplied to CrrY OF°PA-LOOM for the purpose of this proposal is to be considered conldentisl information belonging 1, Del. About Dell Dell Inc.(NASDAQ:DELL)listens to castorne c and delivers innovative technology and services they trust and value.Uniquely enabled by its direct business model,Del is a leading global systems and services company and Pb.34 on the Fortune 500.For more information, *it Yf+ .tlellSSt?_. Privacy Policy Dell respects your privacy.Across our business,around the world,Dell nail collect store,and use customer information only to support and enhance our relationship with your organisation,ror ssernpie,to process your purchase,provide service and support and share product,service,and company news and offerings with you.Del does not sal your personal information.For a complete statement of our Global Privacy Policy,please visit delirtarsc.y_ ‘f 7 9124./2013 12:28 PM erassr. ULU.'!t2,>,;itSSE,7212C tlPEgMiZiztpp11tYk'vsilio umi (41-12halli VW Lwow If 11k:3ITfde DOLL QUOTATION Quote : 563954288 CidetOMer W: 00157'9693 Contract#: WNOSACA Custom erAgreeeere If: 250WSCA10ACS.827100 quote Date 0912412013 late: 0912312013 Customer Name CITY OF OPA-LOCKA Thanks for choosing DSBI bur quote is defiled below,pl ease review the quote for product and informational acturacy.€you find errors or desire certain changes please co¢rraci your sales professional as soon as possible. Sales Professional Information SALES REP: O'WUENS,JOEL PHONE: 1 800-8793355 Email Address; d Ade .corn Phone Ext 42542 GROUP: 1 OUAITIT(: 1 SYSTEM PRICE: $6,621.32 GROUP TOTAL: $6,62132 Base Unit PowerEdge R720(225-2133) 1 ProSupport Next Business Day Onsite Service After Problem Diagnosis,2 *bar Extended(936-4593) 1 ProSupport 7x24 lfiN/SW Tech Support and Assistance,3`+tar (936-4603) 1 Del Hardware Limited Warranty Plus On Site Service Extended Veer (939-2678) 1 Dell Hardware Limited Warranty Plus On Site Service Initial*bar (939-2768) 1 ProSupport Next Busirese Day Oneite Service After Problem Diagnosis, Initial*ter(988-9281) 1 Del ProSupport.For tech support,visit'rt4.irswpc rl.deii.corn'FrcSuppon or cal 1-800.945-3355(989-3439) 1 On-Site Insfalation Declined(900-9997) 1 Proactive Maintenance Service Declined(926-2979) 1 Deployment Consulting 1 Yr 1 Case Remote Coro_.41g Service(996-3179) 1 PowerEdge R720 Shipping(331-4437) 1 Risers with up to 6,x8 PCB Slots¢1,x16 PCIe Slot(331-4440) 1 vFlesh SD Slot Filler(318-2036) 1 iDPd4C7 Express(331-3481) 1 Broadcom 5720 AP 1Gb Network Daughter Card(430-4418) 1 3.5"Chassis with up to 8 Hard Drives(342-3587) 1 No Bezel(313-0869) 1 Power Saving Dell Active Power Colsoller(330-5116) 1 UEFI BIOS Selling(331-3765) 1 RAID 10 for H710P)H710/H310(4-10 HDDs in pairs)(331-4383) 1 PERC H710P Integrated RAD Controller,1GB IW Cache(342-3531) 1 Intel peon E5-2620 2.00G1z,15M Cache,720T/s OPT Turbo,6C,95W, Max Mem 1333MHa(317-9591) 1 Beat Sink for PowerEdge 8720 and R72052J(331-4508) 1 D1AM Blanks for Systems,rith 1 Processor(317-8687) 1 PCE Slot Filler,PowerEdge R720/R720x(331-4509) 1 l'Ic Additional Processor(3314611) 1 4GB ROIMM.130914117s,Low Volt Dual Rank,>..Data Width(319-1810) 4 9'242013 2:18 PM diets./J/FS.!ma*.4:Axe aruz E6X'v.../A-Appymiasi A.leii+&3L:=TdGLPS;DV,11," 'FY 111S19..M eoc,trill-t' ARMS(331.4424) 1 Performance Optimized(331.4425) 1 1113 7.2K RPM Near-Line SAS 6Gbps 3.5in Hot-ply Hard Drive (M2-2098) 8 No System Docurranuirtion,No OpenMenege DVD Kit(310.5171) 1 DVD+f-93Y1;SATA,B∎TTE .L(313-909C) 1 No P.Ack Rock hits or Cable Management Arm(330-3479) 1 Single,Hot-plug Power Supply(1+0),495fV(331-4604) 1 Power Cori,NEMA 5-15P to C13,15 amp,wall plug,10 feet/3 meter (310-6509) 1 Windows Server 2012 Standard Edltioer,Factory Lrrstalled,No Media,2 Socket,2 VMs(421-9147) 1 Windows Server 2012 Standard)Edition,Media Kit(421-9150) 1 *Total Purchase Price: $69621.32 Product Subtotal: $6,621.32 Tax: $0.00 Shipping&Handling; $0.00 State Environmental Fee; $0.00 Shipping Method; LTL 5 DAYOR LESS ("Amount denoted in$) Statement of Conditions The information in this doarnerrr is believed to be accurate.However,Dell assumes no responsibility for inaccuracies,errors,or omissions,and shall not be liable for direct,indirect,special,incidental,or consequential damages reviling from any such error or omission.Dell is not responsible for pricing or other errors,and reserves the right to cancel orders arising from such errors. Dell may make changes to this proposal including changes or updates to the products and services described,including pricing, without notice or obligation. This proposal is not mended to create a contractual relationship.Unless expressly agreed otherwise in a writing signed by the parties,all orders by CITY OF OPA-LOCKA for Dell products and services shall be stbject to Deys Terns and Conditions of Sale-Direct,which can be found abeer w.deli.comIterms,and which incorporate Dere U.S.Return Poky,at WWI.del.comlreturre oiicvinotai.Please read those terms carefully and in their entirety and note in partiaiar that Dell EquaLogic and EquaLogiabranded products,DelgMC and EMC-branded products,PowerVault ML6000 tape libraries,non-Del-branded enterprise products,enterprise software,and customised hardware or software products may not be returned at any time.Orders also shall be subject to the terms of any applicable service contract(s),which can be found at:►wwweil.comiserviaecr_ntiacts. Al information supplied to CITYOF OPA-LOCKA for the purpose of this proposal is to be considered confidential information belonging to Dell. About Del Dell Inc.(NASDAQ:DELL)listens to customers and delvers innovative technology and services they tenet and value.Uniquely enabled by its direct business model,Dell is a leading global systems and services company and No.34 on the Fortune 500.For more information,visit wgnv_.dellcom. Privacy Policy Del respects your privacy.Across our business;around the worth,Deli will coiled t,store,and use currier information or r to support and enhance our relationship with your organization,for example,to process your purchase,provide service and support and share product,service,and company news and offerings with you.Dell does not sell your personal information.For a complete statement of our Global Privacy Policy please visit dell com/u,iv v. 9.2420132:18 PM } H Z w T w J ?- I- I H U Z < 0 (DC ° 2 LL w ct W CC O r J O Q = d Z W W U o >- LL O LL Co Z O = !.1 N L N- E 2 N N O 00 O O N V IP O i_ d' r. U o co O Eh M O O N O) ° G> _ CO O W M W O N O O (O Co ° 1"7 A ?. co 6 a CC E`7 0 o EA CO O 64 ca CC5 as Q IT CO CO O a CO = = o > N C e Q y m G n w R W N� � O W Q E c �, 3 � 0 > Q - Z 42 '13 Q m ( N W c E C m J 1- K LL 2 Q N U W L Q m dr . v � ` co > m c t) In P_ r m . 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'SO N n N mm _ _T O 0 O y >„ m Z o m > co cp m a °0 O m Cl) 0 H o!n = Era L U wa=> y C = in Lu CCS C LL Z J Y o 7 a+Q Q u_ Q a O B H N N r S = W ® � O d ,a _a ty 7 Q Q co O Z °1 O J^ a y v C O ^O ri r N F CI..1:1 f- Q fl- ON- OW SOUND Er VIDEO Quote Pro Sound, Inc. - 1375 NE 123 Street Date Estimate# Miami, Fi.33161 T:954-510-7174 F;954-510-7184 10/17/2013 PS V-50977 Name/Address Ship To City of OPA-LOCKA City of OPA-LOCKA 3400 NW 135th Street.Bldg 13 3400 NW 135th Street.Bldg 13 Opa-Locke.FL 33054 Opa-Locka.FL 33054 Terms Rep FOB ROI DC DEST. Item Description Qly Cost Total WE HAVE THE FOLLOWING 2 UNITS IN STOCK SMASI3885IXSMP SMART TECHNOLOGY SB885iXSMP kV/11X60 2 5.990.00 11.980.00 PROJECTOR SMAFSUX SMART TECHNOLOGY FSUX ROLLING 2 1.350.00 2700.0(1 CART-this would need to he ordered LABOR DELIVERY. INSTALLATION.ON SITE l 1,400.00 1.400.00 TRAINING(2 HRS) I have included the warranty information. Subtotal S16.080.00 Prices good for 30 days Sales Tax (0.0°/0) moo Total 516.080.00 Warranty Summary CA ' The terms and conditions of SMART's product warranties are listed below—simply locate your SMART product in the left column to see what terms and conditions apply.Please see the SMART Technologies Limited Equipment Warranty included with your product far warranty claim procedures • .< e `: : 1 year 3 year x: 2x at 5 year :2�4y r at_ :,;. warranty Product warrant y wa :` rrnty:. :i: warranty . ••warranty • SMART Document CameraTM - riiii t '!'t'j)`gg'' '`. it „(. "" tit a S '!y, ! _iS' i. �,h S il'ftjli•_xf r tl�±.r�:6»:t�a th;,,f41 2 ail' < r�„r:.i;li iEi i :iw�lii!'N.-:ii uiit i'f..;:- 'S, ,,t t lj�� ,, s ,� + ,,,�GOf�a�nd Boa�senes(font projeottbft SMART Baar�inferactive' g� Milt,9.arc s!1 dads �a �a drstnbirt Q fnedta, yiirt{{jj!'N' i r 41. iArr:>A t, I ::,.I t!s!liraserand gables • Unifim 45 projector Nor • SMART UF55 or UF55w projector 61`n°3 Nolo• SMART UX60 projector s S i:••:. '`.;:,` ',: • SMART UF65 or UF65w projector Nolo i • SMART UF75 or UF75w projector Nolo i • SMART UX80 projector"'H. • LightRaiseM interactive projectors NW',] •!: c M x e d pencil encil and d pencil ledge Custom 70 interactive flat panel display with battery-p owere :> r l`; f!:r: ti..:L..:=; �,ar�,,,.�fteb;;11:,; djowre d tstnbution med.. ia; en s,:ere I c`i'31 t 7i ,1-.-,ais#RQ_n S:;.:: a i 'teti hoaFds,incIung software 4� ;s esl ou r fe o : WR go e.w : _:;:i.,..t},.?a -ab. i,g,:q lihY7i pi,s^a r _ ii", i:, .=?7gli iif.:: ;„i rm;=SaNd r�: [ dt t3'r� spay$ 9`ll IL S ! ,;�u j �4F R-T Flinte, i !!!ri, n i-.l,i iff rF s;_ ”v:,.l• • „:Tg t .d=�r SMAaT„T fit ea crxei.leaf, g .s xii��:i r,,,is !�'m 'co • �1s:!/.`;;, •u?diS r 8MART= 2 rg���,«�. � . .•:i:-3 !1?.'N, f'qr tH l t Vi'" � I fa isTi ( f,(i i i .,: rfoI 4 i .r ? do�aio tjra f aria: - s ii p t i ,•• i,,< .. , i` t lli - 4 t .,s : .=4e 41 ntea tve reslose s e m .5. :i ; a Sf1RTsariespon !e i , : ienc • ` !:,. 8,i= �y!;: !;,, M}R'T rlituj a:Mz�? , $40 la r i;, a o , ic b s M'-S.i i ri S� I ii .ii�y,, l:''kii;l4l; lir tdi,li t , +t sti x 1 � �{ "I 6 !h:c:iM� ��Q0 ossoirirr i R ¢aicny �m,(,1e,,.:F $r IA TP-utom.70i T*i*,k„a ii q ;,1! 2• , :.,i t„ [a.! l. ,,T•iortirn,M'?S . •r tivs n drspay q:issix•>..:i S -u,P,,,•' *:3 t:it' i r•,, 3§tii: Ffcys" .nit dig L$igrtage'[l • 4 t %•3i t aF r i 1i e.t: ::'; ( •Ae"lia' i Mryit i r,t i_ i::l i= -i't i i, g l' T e,;waltmnt r N =UXfUFlietgiiA.1j t ou ,irrIgr=FS= M.toor"f''4 e .r1 i il , s grog Afortiaih u , rwi::I me ?H f ` o� rgi+4:“1, Itepaceni • Service repair parts • Optional accessories including room control modules,wireless serial or USB connections, floor stands,speakers,cables. USB adapters and keyboards .,,: g,4'`xw,i1.[,••i! 'a:_:;M S:?'Eir.•l��iji'G';' :'n. - i, ..t.i11. •'.t,Prirti:�i.r.:..ii�, ..I,.-,Ll�'ra4.;i:..:1..,+.5'1'+Lt't'i•°,i.,...u, -}*;tarit,•L _ ,ri�::r:'i:. k;;.,TFa'dulonl. f .e tli ; p r...,,�,r ,- .,4,.,:h: i u ; 11X6O Projector Limited SWIFT Equipment Warranty Thank you for your recent purchase. In the unlikely event that you have problems with your equipment, SMART's technical support personnel are available to assist you. The terms and conditions of SMART's warranty are set forth below — please review them carefully. Please see the reverse side of this page for warranty-claim procedures. Limited Warranty to End-User Purchaser Subject to the exceptions noted below, this limited warranty (the"Warranty") covers all defects in materials and workmanship of your new UX60 Projector or height-adjustable wall mount(the"Equipment").SMART extends the Warranty to the end-user purchaser(the"Purchaser")of the Equipment. The duration of the Warranty (the"Warranty Period"), commencing on the date of new purchase, is THREE YEARS for the Equipment. Projector lamps (used under normal projector operating conditions, not in excess of 8 hours per day and 260 days per year)are covered by warranty for 1000 hours or ONE YEAR,whichever comes first. THE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY REPRESENTATION OR WARRANTY, OR AFFIRMATION OF FACT, MADE BY ANY SALES REPRESENTATIVE OR OTHER AGENT OF SMART, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, EXPRESS OR IMPLIED, WHICH IS NOT SPECIFICALLY SET FORTH HEREIN WILL NOT BE BINDING UPON SMART. SMART has not authorized any other party to alter, modify, extend, enhance or limit the Warranty and SMART will not assume any responsibility or liability for any statements or representations made by any other persons or entities. Repair or Replace The Purchaser's exclusive remedy and SMART's sole obligation during the Warranty Period shall be for SMART to repair or, at its option, replace the Equipment that has failed or that has proven to be defective at no cost to the Purchaser except for the one-way shipping cost of the Equipment to a SMART-authorized service center. Any charges associated with a rush- requested order, such as air express, are the responsibility of the Purchaser. Prior to returning any equipment under the Warranty, the Purchaser must render proof of the original purchase date and must thereafter obtain from SMART a Return of Merchandise Authorization (RMA) number. The RMA number shall be clearly marked on the packaging of the Equipment being returned.All returned Equipment that is replaced under the Warranty shall become the property of SMART. Limitation of Damages The liability of SMART to the Purchaser arising out of the purchase and supply of the Equipment or its use,whether based upon Warranty,contract,tort(including,without limitation,negligence)or otherwise, shall not in any case exceed the original cost to the Purchaser of the Equipment,and upon expiration of the Warranty Period such liability will terminate. SMART shall not be liable, whether in contract or on any other basis, for any damages sustained by the Purchaser or any other person arising from or related to loss of use,failure or interruption in the operation of the Equipment, delay in repair or replacement or for incidental, consequential, indirect or special damages or liabilities, loss of revenue, loss of business or other financial loss arising out of or in connection with the sale, lease, maintenance, use, performance failure or interruption of the Equipment. Warranty Exclusions The Warranty will not apply to and SMART will not be liable for(i)any Equipment which is not purchased from an authorized SMART dealer or distributor; (ii) Equipment that has been damaged by accident, abuse,neglect, misuse or causes other than ordinary use(see manuals that ship with Equipment for further detail), including the direct application of any cleaning liquids, substances or abrasives to the hardware or onto any display surface other than in accordance with the cleaning and care instructions included in the User's Guide for the Equipment; (iii) Equipment which has been altered, changed, serviced or repaired by anyone other than SMART-authorized repair personnel; or (iv) any Equipment on which the serial number has been defaced, modified or removed. Warranty service hereunder shall not operate to extend the original Warranty Period. The Warranty excludes damage incurred in shipment to or from SMART. If the Equipment is received by the Purchaser in a damaged condition, the carrier and SMART must be notified immediately. Purchasers located outside the U.S. or Canada should instead contact the carrier and their SMART dealer or distributor. Third-Party Equipment Warranty Extension and Exception For equipment sold by SMART to the Purchaser but manufactured by a corporation other than SMART(such as wall-mounted cabinets,carrying cases and other specified components), SMART shall extend to the Purchaser,to the extent permitted,any and all applicable warranty provisions provided to SMART by the third-party manufacturer. The extension of any and all applicable third-party manufacturer warranty provisions shall be an exception to this Warranty and represents SMART's sole responsibility with respect to such equipment. 1111111111 1111 111111 111 HU M 1111111 111 1 111 1111 11111111111 11 11111 SISOFT WARRANTY-CLAIM PROCEDURES SMART's technical support personnel can help you make a Warranty claim. Please contact SMART at: Phone: 1.866.518.6791 (toll-free in Canada/U.S.)or+1.403.228.5940(all other countries) (Available 5 a.m.--6 p.m. Mountain Time from Monday to Friday) Fax: +1.403.806.1256 Online:www.smarttech.com/contactsupport E-mail:support@smarttech.com Website:www.smarttech.com/support If you are located outside of Canada or the U.S.,you may contact your SMART dealer or distributor to make a Warranty claim. Hardware Failure or Defects out of the Carton If Equipment should fail to function when initially installed within 30 days of date of new purchase, SMART will handle the problem by first attempting to understand and correct the problem via telephone support. If SMARTs technical support personnel are unable to correct the situation, an RMA number will be promptly issued authorizing the return of the hardware to a SMART-authorized service center.The RMA shipping charges will be the responsibility of SMART. Replacement hardware components, subject to availability, will be shipped to the Purchaser's site on the same day as the technical support call is received or on the next business day via prepaid air express. The freight charges for the return shipment via ground transportation will be the responsibility of SMART.Any charges associated with a rush-requested order, such as air express,are the responsibility of the Purchaser. Damages Caused by Transportation and Handling Are Not Covered by the Warranty If the hardware failure is caused by freight damage, it is the Purchaser's responsibility to note the carton damage on the carrier's delivery bills at the time of delivery. If the Equipment is received by the Purchaser in a damaged condition, the carrier and SMART must be notified within 30 days of delivery date. Equipment Failure or Defects within the Warranty Period SMART will handle the problem by first attempting to understand and correct the problem via telephone support. If SMART's technical support personnel are unable to correct the situation, an RMA number will be promptly issued authorizing the return of the Equipment to a SMART-authorized service center.The RMA shipping charges will be the responsibility of the Purchaser. Upon receipt of the returned component(s), SMART will establish the cause of the problem.At the sole discretion of SMART,the failed or defective Equipment will be either repaired or replaced in accordance with SMART's Warranty. The return shipment will usually be made within the next three (3) business days after the defective RMA Equipment is received.The freight charges for the return shipment via ground transportation will be the responsibility of SMART.Any charges associated with a rush-requested order,such as air express, are the responsibility of the Purchaser. Warranty Shipping Charges Unless there is a hardware failure or defect out of the carton or unless otherwise specifically agreed by SMART, shipping charges incurred for Warranty service are paid as follows: • The Purchaser shall return the merchandise covered by the RMA via prepaid freight to the SMART-authorized service center • SMART pays return shipping via the most economical service on any failed or defective product returned for service within the Warranty Period • Any charges associated with a rush-requested order,such as air express, are the responsibility of the Purchaser S Following the Warranty Period, the Purchaser is responsible for shipping the Equipment to and from the SMART-authorized service center Dealer/Distributor Support and Service Additional service and support contracts may be available from your authorized SMART dealer or distributor. Costs may vary with the service and support requested. SMART Technologies 3636 Research Road NW Calgary,AB T2L 1Y1 CANADA www.smarttech.com/support www.smarttech.com/contactsupport Support+1.403,228-5940 or Toll Free 1.866.518.6791 (U.S./Canada) 2011 SMART Technologies ULC.All rights reserved.The SMART logo, smarttech and all SMART taglines are trademarks or registered trademarks of SMART Technologies ULC in the U.S. and/or other countries. All third-party product and company names may be trademarks of their respective owners. Warranty effective June 2011. 199-00985-21 REV AO I SMAgri C1WG,cDm 1 800394.4739 OE400SPS SALES QUOTATION QUOTE NO. ACCOUNT NO. ()ATE 18D5RK7 ; 9297949 9/24/2013 SHIP TO: CITY OF OPA-LOCKA BILL TO: Attention To:ATTN:NELSON RODRIGUEZ NELSON RODRIGUEZ 780 FISHERMAN ST 215 N PERVIZ AVE 4TH FLOOR(IT DEPT) OPA-LOCKA,FL 33054 Accounts Payable Contact:NELSON OPA LOCKA,FL 33054-3387 RODRIGUEZ 305.953.2945 • Customer P.O.#HELEN MILLER PARK Customer Phone#305.953.2945 PRINTERS ACCOUNT MANAGER SHIPPING METHOD TERMS EXEMPTION CERTIFICATE MIKE ZORICA 866.339.3535 FEDEX Ground GOVT-EXEMPT QTY ITEM NO. DESCRIPTION UNIT PRICE EXTENDED PRICE 4 265387 HP LJ PRO 400 CLJ M451DN 477.78 1,911.12 Mfg#:CE957A#201 Contract:National IPA Technology Solutions 130733 SUBTOTAL 1,911.12 FREIGHT 0.00 TAX 0.00 i 1OIAL * 1.911-12 Please remit payment to: CDW Government CDW Government 75 Remittance Drive 230 North Milwaukee Ave. Suite 1515 Vernon Hills, IL 60061 Fax:312.705.8218 Chicago,IL 60675-1515 is quote is subject to CDW's Terms and Conditions of Sales and Service Projects at p://www.cdw.com/content/terms-conditions/product-sales.asp r more information. contact a CDW account manager. 4 4' C SMAgrA SMART BOARD INTERACTIVE WHITEBOARD LIMITED EQUIPMENT WARRANTY Thank you for your recent purchase. In the unlikely event that you have problems with your front projection SMART Soarer"' interactive whiteboard, SMART's technical support personnel are available to assist you. The terms and conditions of SMART's warranty are set forth below—please review them carefully. Please see the reverse side of this page for warranty-claim procedures. Limited Warranty to End-User Purchaser Subject to the exceptions noted below, this limited warranty (the"Warranty") covers all defects in materials and workmanship of your new front projection SMART Board Interactive Whiteboard, together with included software distribution media, pens, eraser and cables(the"Equipment"). SMART extends the Warranty to the end-user purchaser(the"Purchaser")of the Equipment. The duration of the Warranty(the"Warranty Period"), commencing on the date of new purchase, is FIVE YEARS upon registration of the serial number of the Equipment. Note: if the Equipment is not registered by the Purchaser within two years of the date of new purchase,the Warranty Period shall be two years. THE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY REPRESENTATION OR WARRANTY, OR AFFIRMATION OF FACT, MADE BY ANY SALES REPRESENTATIVE OR OTHER AGENT OF SMART, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, EXPRESS OR IMPLIED, WHICH IS NOT SPECIFICALLY SET FORTH HEREIN WILL NOT BE BINDING UPON SMART. SMART has not authorized any other party to alter, modify, extend, enhance or limit the Warranty and SMART will not assume any responsibility or liability for any statements or representations made by any other persons or entities. Repair or Replace The Purchaser's exclusive remedy and SMART's sole obligation during the Warranty Period shall be for SMART to repair or, at its option, replace the Equipment that has failed or that has proven to be defective at no cost to the Purchaser except for the one-way shipping cost of the Equipment to a SMART-authorized service center.Any charges associated with a rush-requested order, such as air express, are the responsibility of the Purchaser. Prior to returning any equipment under the Warranty,the Purchaser must render proof of the original purchase date and must thereafter obtain from SMART a Return of Merchandise Authorization (RMA) number. This number shall be clearly marked on the packaging of the Equipment being returned. All returned Equipment that is replaced under the Warranty shall become the property of SMART. Limitation of Damages The liability of SMART to the Purchaser arising out of the purchase and supply of the Equipment or its use, whether based upon warranty, contract, tort (including, without limitation, negligence) or otherwise, shall not in any case exceed the original cost to the Purchaser of the Equipment,and upon expiration of the Warranty Period such liability will terminate. SMART shall not be liable,whether in contract or on any other basis, for any damages sustained by the Purchaser or any other person arising from or related to loss of use, failure or interruption in the operation of the Equipment, delay in repair or replacement or for incidental,consequential, indirect or special damages or liabilities, loss of revenue, loss of business or other financial loss arising out of or in connection with the sale, lease, maintenance, use, performance failure or interruption of the Equipment. Warranty Exclusions The Warranty will not apply to and SMART will not be liable for(i) any Equipment which is not purchased from an authorized SMART dealer or distributor; (ii) Equipment that has been damaged by accident, abuse, neglect, misuse or causes other than ordinary use(see manuals that ship with Equipment for further detail), including the direct application of any cleaning liquids, substances or abrasives to the hardware or onto any display surface other than in accordance with the cleaning and care instructions included in the User's Guide for the Equipment; (iii) Equipment which has been altered, changed, serviced or repaired by anyone other than SMART-authorized repair personnel; or (iv) any Equipment on which the serial number has been defaced, modified or removed. Warranty service hereunder shall not operate to extend the original Warranty Period. The Warranty excludes damage incurred in shipment to or from SMART. If the Equipment is received by the Purchaser in a damaged condition, the carrier and SMART must be notified immediately. Purchasers located outside the U.S.or Canada should instead contact the carrier and their SMART dealer or distributor. Third-Party Equipment Warranty Extension and Exception For equipment sold by SMART to the Purchaser but manufactured by a corporation other than SMART(such as wall-mounted cabinets, carrying cases and other specified components), SMART shall extend to the Purchaser,to the extent permitted, any and all applicable warranty provisions provided to SMART by the third-party manufacturer. The extension of any and all applicable third-party manufacturer warranty provisions shall be an exception to this Warranty and represents SMART's sole responsibility with respect to such equipment. SMAWWARRANTY-CLAIM PROCEDURES SMART's technical support personnel can help you make a Warranty claim. Please contact SMART at: Phone: 1.866.518.6791 (toll-free in U.S./Canada)or+1.403.228.5940(all other countries) (Available 5 a.m.—6 p.m. Mountain Time from Monday to Friday) Fax:+1.403.806.1256 E-mail:support@smarttech.com Website:www.smarttech.com/contactsupport If you are located outside of the U.S. or Canada,you may contact your SMART dealer or distributor to make a Warranty claim. Hardware Failure or Defects out of the Carton If Equipment should fail to function when initially installed within 30 days of date of new purchase, SMART will handle the problem by first attempting to understand and correct the problem via telephone support. If SMART's technical support personnel are unable to correct the situation, an RMA number will be promptly issued authorizing the return of the hardware to a SMART-authorized service center.The RMA shipping charges will be the responsibility of SMART. Replacement hardware components, subject to availability, will be shipped to the Purchaser's site on the same day as the technical support call is received or on the next business day via prepaid air express. The freight charges for the return shipment via ground transportation will be the responsibility of SMART. Any charges associated with a rush-requested order, such as air express, are the responsibility of the Purchaser. Damages Caused by Transportation and Handling Are Not Covered by the Warranty If the hardware failure is caused by freight damage, it is the Purchaser's responsibility to note the carton damage on the carrier's delivery bills at the time of delivery. If the Equipment is received by the Purchaser in a damaged condition,the carrier and SMART must be notified within 30 days of delivery date. Equipment Failure or Defects within the Warranty Period SMART will handle the problem by first attempting to understand and correct the problem via telephone support. If SMART's technical support personnel are unable to correct the situation, an RMA number will be promptly issued authorizing the return of the Equipment to a SMART-authorized service center.The RMA shipping charges will be the responsibility of the Purchaser. Upon receipt of the returned component(s), SMART will establish the cause of the problem.At the sole discretion of SMART, the failed or defective Equipment will be either repaired or replaced in accordance with SMART's Warranty. The return shipment will usually be made within the next three (3) business days after the defective RMA Equipment is received. The freight charges for the return shipment via ground transportation will be the responsibility of SMART.Any charges associated with a rush-requested order, such as air express, are the responsibility of the Purchaser. Warranty Shipping Charges Unless there is a hardware failure or defect out of the carton or unless otherwise specifically agreed by SMART, shipping charges incurred for Warranty service are paid as follows: • The Purchaser shall return the merchandise covered by the RMA via prepaid freight to the SMART-authorized service center • SMART pays return shipping via the most economical service on any failed or defective product returned for service within the Warranty Period • Any charges associated with a rush-requested order, such as air express, are the responsibility of the Purchaser • Following the Warranty Period,the Purchaser is responsible for shipping the Equipment to and from the SMART-authorized service center Dealer/Distributor Support and Service Additional service and support contracts may be available from your authorized SMART dealer or distributor. Costs may vary with the service and support requested. SMART Technologies 3636 Research Road NW Calgary,AB T2L 1Y1 CANADA TM www.smarttech.comisupport www.smarttech.com/contactsupport Support+1.403.228-5940 or Toll Free 1.866.518.6791 (U.S./Canada) ©2009 SMART Technotogies ULC.All rights reserved.SMART Board, smarttech and the SMART logo are trademarks or registered trademarks of SMART Technologies ULC in the U.S.and/or other countries.All other third-party product and company names may be trademarks of their respective owners.Warranty effective June 29,2009, 99-00845-21 REV AO/ SISMIgT Limited Equipment Warranty Thank you for your recent purchase. In the unlikely event that you have problems with your equipment, SMART's technical support personnel are available to assist you. The terms and conditions of SMART's warranty are set forth below—please review them carefully. Please see the reverse side of this page for warranty-claim procedures. Limited Warranty to End-User Purchaser Subject to the exceptions noted below, this limited warranty (the "Warranty") covers all defects in materials and workmanship of your new SMART hardware product,together with included software distribution media, pens, eraser and cables(the"Equipment").SMART extends the Warranty to the end-user purchaser(the"Purchaser")of the Equipment. The duration of the Warranty (the "Warranty Period"), commencing on the date of new purchase, is ONE YEAR for optional accessories (including room control modules, wireless serial or USB connections, floor stands, speakers, cables, USB adapters, keyboards, etc.)and service repair parts,with the following exceptions: • Fully discharged SMART Slate T^'lithium ion batteries are not covered by warranty. • Projector lamps (used under normal projector operating conditions, not in excess of 8 hours per day and 260 days per year) are covered by warranty for 500 hours or 90 days,whichever comes first. THE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.ANY REPRESENTATION OR WARRANTY,OR AFFIRMATION OF FACT,MADE BY ANY SALES REPRESENTATIVE OR OTHER AGENT OF SMART, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING CAPACITY,SUITABILITY FOR USE OR PERFORMANCE, EXPRESS OR IMPLIED, WHICH IS NOT SPECIFICALLY SET FORTH HEREIN WILL NOT BE BINDING UPON SMART. SMART has not authorized any other party to alter, modify, extend, enhance or limit the Warranty and SMART will not assume any responsibility or liability for any statements or representations made by any other persons or entities. Repair or Replace The Purchaser's exclusive remedy and SMART's sole obligation during the Warranty Period shall be for SMART to repair or, at its option, replace the Equipment that has failed or that has proven to be defective at no cost to the Purchaser except for the one-way shipping cost of the Equipment to a SMART-authorized service center. Any charges associated with a rush-requested order, such as air express, are the responsibility of the Purchaser. Prior to returning any equipment under the Warranty, the Purchaser must render proof of the original purchase date and must thereafter obtain from SMART a Return of Merchandise Authorization (RMA)number.The RMA number shall be clearly marked on the packaging of the Equipment being returned.All returned Equipment that is replaced under the Warranty shall become the property of SMART. Limitation of Damages The liability of SMART to the Purchaser arising out of the purchase and supply of the Equipment or its use,whether based upon Warranty, contract,tort(including,without limitation, negligence)or otherwise,shall not in any case exceed the original cost to the Purchaser of the Equipment,and upon expiration of the Warranty Period such liability will terminate. SMART shall not be liable,whether in contract or on any other basis,for any damages sustained by the Purchaser or any other person arising from or related to loss of use, failure or interruption in the operation of the Equipment, delay in repair or replacement or for incidental, consequential, indirect or special damages or liabilities, loss of revenue, loss of business or other financial loss arising out of or in connection with the sale,lease,maintenance,use,performance failure or interruption of the Equipment. Warranty Exclusions The Warranty will not apply to and SMART will not be liable for(i)any Equipment which is not purchased from an authorized SMART dealer or distributor; (ii) Equipment that has been damaged by accident, abuse, neglect, misuse or causes other than ordinary use (see manuals that ship with Equipment for further detail), including the direct application of any cleaning liquids, substances or abrasives to the hardware or onto any display surface other than in accordance with the cleaning and care instructions included in the User's Guide for the Equipment; tuel Equipment which has been altered, changed, serviced or repaired by anyone other than SMART-authorized repair personnel; or (iv) any Equipment on which the serial number has been defaced, modified or removed.Warranty service hereunder shall not operate to extend the original Warranty Period. The Warranty excludes damage incurred in shipment to or from SMART. If the Equipment is received by the Purchaser in a damaged condition, the carrier and SMART must be notified immediately. Purchasers located outside the U.S. or Canada should instead contact the carrier and their SMART dealer or distributor. Third-Party Equipment Warranty Extension and Exception For equipment sold by SMART to the Purchaser but manufactured by a corporation other than SMART (such as wall-mounted cabinets, carrying cases and other specified components),SMART shall extend to the Purchaser,to the extent permitted, any and all applicable warranty provisions provided to SMART by the third-party manufacturer. The extension of any and all applicable third-party manufacturer warranty provisions shall be an exception to this Warranty and represents SMART's sole responsibility with respect to such equipment. .SMAFT WARRANTY-CLAIM PROCEDURES SMART's technical support personnel can help you make a Warranty claim. Please contact SMART at: Phone: 1.866.518.6791 (toll-free in Canada/U.S.)or+1.403.228.5940(all other countries) (Available 5 a.m.—6 p.m. Mountain Time from Monday to Friday) Fax:+1.403.806.1256 E-mail:support@smarttech,com Website:www.smarttech.com/contactsupport If you are located outside of Canada or the U.S.,you may contact your SMART dealer or distributor to make a Warranty claim. Hardware Failure or Defects out of the Carton If Equipment should fail to function when initially installed within 30 days of date of new purchase, SMART will handle the problem by first attempting to understand and correct the problem via telephone support. If SMART's technical support personnel are unable to correct the situation, an RMA number will be promptly issued authorizing the return of the hardware to a SMART-authorized service center. The RMA shipping charges will be the responsibility of SMART. Replacement hardware components,subject to availability,will be shipped to the Purchaser's site on the same day as the technical support call is received or on the next business day via prepaid air express.The freight charges for the return shipment via ground transportation will be the responsibility of SMART.Any charges associated with a rush-requested order,such as air express,are the responsibility of the Purchaser. Damages Caused by Transportation and Handling Are Not Covered by the Warranty If the hardware failure is caused by freight damage,it is the Purchaser's responsibility to note the carton damage on the carrier's delivery bills at the time of delivery. If the Equipment is received by the Purchaser in a damaged condition, the carrier and SMART must be notified within 30 days of delivery date. Equipment Failure or Defects within the Warranty Period SMART will handle the problem by first attempting to understand and correct the problem via telephone support. If SMART's technical support personnel are unable to correct the situation, an RMA number will be promptly issued authorizing the return of the Equipment to a SMART- authorized service center.The RMA shipping charges will be the responsibility of the Purchaser. Upon receipt of the returned component(s), SMART will establish the cause of the problem. At the sole discretion of SMART, the failed or defective Equipment will be either repaired or replaced in accordance with SMART's Warranty. The return shipment will usually be made within the next three (3) business days after the defective RMA Equipment is received. The freight charges for the return shipment via ground transportation will be the responsibility of SMART. Any charges associated with a rush-requested order, such as air express, are the responsibility of the Purchaser. Warranty Shipping Charges Unless there is a hardware failure or defect out of the carton or unless otherwise specifically agreed by SMART,shipping charges incurred for Warranty service are paid as follows: • The Purchaser shall return the merchandise covered by the RMA via prepaid freight to the SMART-authorized service center • SMART pays return shipping via the most economical service on any failed or defective product returned for service within the Warranty Period • Any charges associated with a rush-requested order, such as air express,are the responsibility of the Purchaser • Following the Warranty Period,the Purchaser is responsible for shipping the Equipment to and from the SMART-authorized service center Dealer/Distributor Support and Service Additional service and support contracts may be available from your authorized SMART dealer or distributor. Costs may vary with the service and support requested. SMART Technologies 3636 Research Road NW Calgary,AB T2L 1Y1 "" CANADA www_smartteoh.com/support www.smarttech.com/contactsupport Support+1.403.228-5940 or Toll Free 1.866.518.6791 (U.S./Canada) ®2007-2010 SMART Technologies.All rights reserved.SMART Board,SMART Slate,the SMART logo and smarttech are trademarks or registered trademarks of SMART Technologies in the U.S.and/or other countries,All other third-party product and company names may be trademarks of their respective owners.Warranty effective July 15,2010. {99-00709-04 REV BO CONFIDENTIAL QUOTATION MI- 11, / AM► , QUOTE: 3122 I■■ , UM 1 UM. I•• : !MM✓ mos. City of Opa-locka DATE: 10/17/2013 iii Iii _14ii ty P Imo--_ ,�Ji,M 3400 NW 135th Street,Bldg B FOB: Origin • DIGITAL VIDEO SYSTEMS PHONE: 1305)953-2831 M 1111 M IN Faye Douglas CELL: [fdo.clac' OoaInckaf! aovl FAX: '05'951-2870 QTY I BRAND I MODEL I DESCRIPTION I PRICE I EXTENDED 2 Smart Tech SBS85ix2 SMART Board 885 with UX80 Projector $5,044.32 $10,088.64 2 Copernicus IWB100-UST1 iRover2 UltraShort Throw Premium Unit $2,040.81 $4,081.62 2 Smart Tech EWY2-UX80 UX80 2 year warranty extension for Projectors Only $186.25 $372.50 2 DVS MSL Integration and training $792.31 $1,584.62 Please see attached Terms and Conditions Ask your Account Manager about our custom Preventative Maintenance and Service Agreement plans PREPARED BY: Roberto De Leon E-mail: robertol @digitalvideosystems.net SUBTOTAL: $16,127.38 FREIGHT: 876.01 CUSTOMER SIGNATURE: DATE: TAX: N/A CUSTOMER NAME: TOTAL: $17,003.39 3270 Executive Way,Miramar FL 33025 Phone(954)239-4410 www.digitalvideosystems.net xerox Audio Visual Solutions • • We have prepared a proposal Smartboard GSA Contract Quote #009583 Version 1 �,.gTM J.C.Laucirica xerox . Systems Engineer/Account Manager jclaucirica(a�xeroxaudiovisual com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 Friday, October 18, 2013 City of Opa-locka Faye Douglas 3400 NW 135th Street, Bldg B Opa-locka, FL 33054 Dear Faye, Here is the proposal for the 2 Portable Smartboard Systems. The system also includes a VFI Mobil Electric Cart which is Height Adjustable with a simple control. I1 Xerox Audio Visual (XAV) will deliver the equipment and set up the Complete system. The City of Opa-locka will need to provide a PC for each Cart with a VGA w/Audio or HDMI Output card. Once setup is complete, this proposal also includes a 1/2 Day training session for upto 12 users. As a added value, XAV is also providing a 1 Year Service Contract with proactive scheduled service visits. Please see attached and advise. 009583 Page 2 of 12 xerox Systems Engineer/Account Manager jclaucirica(axeroxaudiovisual.com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 J.C. Laucirica Systems Engineer/Account Manager Xerox Audio Visual Solutions www.xeroxaudiovisual.com 009583 Page 3 of 12 J.0 Laucri,aa xeroxSystems Engineer/Account Manager jclauciricai xeroxaudiovisual.com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 Customer Smartboard GSA Contract City of Opa-locka Faye Douglas = 009583 3400 NW 135th Street, Bldg B Opa-locka, FL 33054 = 'f 10/18/2013 a. 11/15/2013 Bill to Ship to City of Opa-locka City of Opa-locka Faye Douglas Faye Douglas 3400 NW 135th Street, Bldg B 3400 NW 135th Street, Bldg B Opa-locka, FL 33054 Opa-locka, FL 33054 Hardware MFG MFG# Descr,pt cn Price Qty Extended SMART-TMI SB885ix2 SMART Board 885 with UX80 Projector $5,434.63 2 $10,869.26 VFI LFT8000 Heavy duty Mobile lift stand for*SMART Board interactive $2,249.00 2 $4,498.00 whiteboard systems 885ix.Landscape orientation. 20"travel lift.3RU rack inside.5"casters with breaks. Frame Color: Gray,Panel SGR Shark Gray Hardware Subtotal $15,367.26 Services MFG MFG# Descr;Lt.on Price Qty Extended XAV Labor Design,Installation&Labor $1,740.00 1 $1,740.00 TCAZ9M Maintenance Agreement $1,269.00 1 $1,269.00 PZY2UI Smart Training 1/2 Day $999.00 1 $999.00 &Metal $4 WS 009583 Page 4 of 12 xeroxSystems Engineer/Account Manager jclauciricacaxeroxaud iovisual.com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 Additional Notes Prepared For Quote Summary City of Opa-locka Subtotal $19,375.26 Faye Douglas Shipping $889.00 3400 NW 135th Street, Bldg B Total $20,264.26 Opa-locka, FL 33054 fdouglas @opalockafl.gov Sales Tax will be charged to your order in accordance with applicable state/local sales tax laws and will be reflected on your invoice accordingly. Terms and Conditions TERMS AND CONDITIONS OF SALE 1.ACCEPTANCE. Purchaser's acceptance of these terms and conditions shall be indicated by any of the following. Whichever first occurs: (a) Purchaser's written acknowledgment hereof.(b) Purchaser's acceptance of any shipment of any part of the items specified for delivery of the purchase order(the"Products").(c) Purchaser's failure to acknowledge or reject terms and conditions in writing within 30 business days from invoice date.or(d)any other act of expression of acceptance by Purchaser's acceptance is expressly limited to the terms and conditions hereof in their entirety without addition, modification or exception and any term, condition,or proposal hereafter submitted by Purchaser (whether oral or in writing)which is inconsistent with or in addition to the terms and conditions set forth hereon is objected to and is hereby rejected by Seller. Seller's silence or failure to respond to any such subsequent term, condition or proposal shall not be deemed to be Seller's acceptance or approval thereof. 2.PRICE AND PAYMENT. (a)Net cash balance shall be due and paid by Purchaser thirty(30)days after delivery and completion of equipment installation.If delivery or installation is delayed by Purchaser,payment shall be due when Seller is prepared to make delivery and installation of equipment.(b) Purchaser agrees to pay Seller any tax on this contract measured by the prices herein of the equipment or programs hereunder or its(their) use, however designated or levied whether or not specifically included in the pricing breakdown on the face page hereof, whenever Seller must itself pay and or must collect such tax from Purchaser according to the applicable statutes or ordinances as interpreted by the departmental authorities of the taxing unit. It shall be Purchaser's sole obligation after payment to Seller to challenge the applicable or propriety of any such tax by contact with or action against said taxing unit.Any tax refunds received by Seller shall be refunded to Purchaser. Seller shall not be liable to pay any taxes assessed against the equipment including,but not limited to,personal property tax,after delivery to Purchaser. Loss or damage to said machines or equipment by fire,theft, misuse,or otherwise while in the possession of Purchaser shall not relieve Purchaser from making all payments provided herein.Should Purchaser fail to pay any invoice to Xerox Audio Visual Solutions(XAV)in accordance with the terms of XAV's invoice, Purchaser shall pay to XAV interest on such delinquent payment until paid at the maximum legal rate allowable. Should Purchaser fail to make payments on any monies when due there under,XAV may refer the matter for collection to any collection agency or to XAV's collection department and if referred, Purchaser agrees to pay XAV all reasonable collection fees upon demand. 3.CANCELLATION. This contract may not be cancelled or assigned by the Purchaser without XAV's consent. If consent is given,XAV as liquidated damages shall be entitled to the higher of the deposit or the actual expenses incurred by it up to the time of cancellation.This order is accepted on condition that XAV shall in the future have the right to cancel it or any part of it,and no claim shall be made by Purchaser for failure on XAV's part to make delivery of the whole of this order or any part of it. In the event that Purchaser elects to cancel this order for failure of XAV to deliver the machines or equipment herein or for any other cause,such cancellation shall not be effective until after written notice of the Purchaser's intention to cancel this order shall have actually been received by XAV and Purchaser shall remain obligated to accept and pay for any portion of the good shipped or delivered by XAV prior to XAV's receipt of Purchaser's notice of cancellation. 4.SECURITY INTEREST. It is expressly agreed that Purchaser hereby grants to XAV a security interest in and to all of the machines and equipment including the proceeds thereof covered by this Sales Contract until full payment of the purchase price for such machines and equipment has been made to XAV.This document shall constitute a security agreement and authorize XAV,the secured party,to file a financing statement giving XAV remedies of a secured party under the Uniform Commercial Code. Purchaser agrees to execute any document including a financing statement which XAV deems desirable to protect XAV's security interest herein,and does hereby authorize the filing or recording of this Sales Contract or any financing statement or other document in connection herewith,in the manner provided by law or regulation and the 009583 Page 5 of 12 �/ Laucirica xerox . Systems Engineer/Account Manager jclaucirica( xeroxaudiovisual.com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 Purchaser authorizes XAV to file any such financing statement or statements relating to the machines or equipment covered by this Sales Contract without Purchaser's signature thereon as XAV may deem appropriate. 5.DEFAULT. If Purchaser defaults in the performance of any of Purchaser's obligations or in the event that Purchaser shall mortgage or part with possession of the machines or equipment covered by the Sales Contract other than in the normal course of Purchaser's business without the consent of XAV,or in the event that Purchaser becomes insolvent or make an assignment for the benefit of creditors:or in the event that a petition is filed by or against Purchaser under the Bankruptcy Act,or any amendment thereto (including without limitation a petition for reorganization.arrangement or extension)or under any other insolvency law or law providing for the relief of debtors then any amounts then remaining unpaid hereunder and any incidental damages plus collection expense including attorney's fees to the extent allowed by law,shall become immediately due and payable without demand or notice, in addition to the extent permitted by law.XAV shall have the right without proper notice to Purchaser to enter into and upon the premises where the machines and equipment covered in Sales Contract may be found and take possession thereof,without further proceedings,and XAV may,without notice,declare this Agreement terminated and may retain the consideration received by it there under as liquidated damages. In addition,XAV has the right to sell such machines or equipment in such manner and upon such terms as XAV may choose and apply the proceeds of any such sales in payment of the amount due from Purchaser. Purchaser to remain liable for any deficiency. Should claim hereunder be placed by XAV in attorney's hands for collection or in the event of other litigation, reasonable attorney's fees and costs shall be paid by the Purchaser to XAV. No loss or injury or destruct ion of the aforesaid machines or equipment shall release Purchaser from Purchaser's obligation hereunder. If Purchaser shall default upon this or another agreement with XAV or shall fail to make payment of any invoice due,whether pursuant to this or any other agreement,or if the total amount due under all agreements with Purchaser exceeds the line of credit agreed upon with Purchaser, if any,Purchaser agrees to make payment in full at the time of delivery or anticipate such payment as aforementioned,or if in opinion of XAV the financial condition of Purchaser warrants such action.XAV may at any time cancel or limit the credit of Purchaser as to time and amount,and demand payment in cash for shipment of any part of the machines or equipment, and upon failure of Purchaser to make such payment,within ten(10)days after demand.XAV may cancel the right to revoke any credit extended Purchaser or change the terms or conditions thereof at any time without prior notice to Purchaser. 6.DELIVERY. All shipments shall be FOB shipping point.Delivery shall be made to address of Buyer shown on reverse side of this page.Failure of XAV, in whole or part,to make delivery hereunder when due, if occasioned by Act of God or the public enemy,fire,flood, riot,war, sabotage, accident, embargo,or any circumstance of like or different character beyond XAV's reasonable control, or by interruption of or delay in transportation, inadequacy or shortage or failure of supply of materials or equipment breakdown,labor trouble,compliance with any order, direction,action or request of any government officers,department or agency shall not subject XAV to any liability to Purchaser and in such event XAV may,at its option,either cancel this contract in whole or in part or extend the period for performance by XAV hereunder to the extent of the delay occasioned by any such circumstances. In the event of delivery of nonconforming or defective goods XAV shall have the right to cure same by replacement within reasonable time from date of notice given by Buyer. 7.PRODUCT RETURNS. Return of Products hereunder,or because such Products are claimed to be defective shall be governed by Seller's Product Return policies as set forth herein or as otherwise provided by Seller to Purchaser in writing. Seller reserves the right to modify or eliminate such policies at any time. Although Seller's policies may permit Purchaser to return Products claimed to be defective under certain circumstances.Seller makes no representation or warranties of any kind with respect to the Products.Seller hereby disclaims all representations and warranties;expressed or implied as to the products including but not limited to any implied warranty of merchantability,fitness for a particular purpose, nonfringement.Seller will not be liable for any damage,loss,cost or expense for batch or warranty.The right to return defective products, as described in Seller's most current Return Policy shall constitute Seller's sole liability and Purchaser's exclusive remedy in connection with any claim of any kind relating to the quality,condition or performance of any product,whether such claim is based upon principles of contract, warranty,negligence or other tort, breach of any statutory duty,principles of indemnity or contribution,or otherwise. XAV shall be notified regarding any product that arrives damaged during shipping or that is DOA(Dead on Arrival)upon first use so that XAV can expedite replacement. Return of products that are not damaged or defective must be made within 30 days from date of invoice. Product(s)must be unopened and the box(s)must be free from markings or writing. The return will be subject to a 20%restocking fee plus shipping charges to the manufacturer or vendor if applicable. Open product will be dealt with on a case by case basis. No guarantee is made that open product can be returned. For problems experienced with product during the warranty period the manufacturer or XAV client service department/help desk should be contacted for warranty procedures and assistance. A return material authorization(RMA)number and applicable return instructions arc required before returning any product. 8.WARRANTIES. Although Seller's policies may permit a purchaser to return products claimed to be defective under certain circumstances. Seller makes no warranties of any kind with respect to any products. All products sold or licensed by seller are sold "as is"(with no other warranties other than those provided by the manufacturer itself to the purchaser)and are subject to the terms of the end-user license or any product warranty packaged with any product,available to the end-user prior to the end user's purchase of such product.Seller does not warrant the merchantability of the goods or their fitness for any particular purpose.Seller disclaims all representations and warranties with respect to the product,whether express, implied or statutory, including any implied warranties of merchantability. Fitness for a particular purpose,nonfringement: a.The right to return defective products.As described in seller's most current return policy.Shall constitute seller's sole liability and the purchaser's exclusive remedy in connection with a claim of any kind relating to the quality or performance of a product whether such claim based upon principles of contract,warranty,negligence or other tort, breach of any statutory duty,principles of indemnity of contribution or 009583 Page 6 of 12 xerox . Systems Engineer/Account Manager jclaucirica naxeroxaudiovisual.com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 otherwise. b.Seller shall not be liable under any circumstances for any special.Consequential,incidental,or exemplary damages, including but not limited to damages for lost profits,loss of use,lost data,or for any damages or sums paid by the purchaser to third parties even if the seller has been advised of the possibility of such damages.The foregoing limitation of liability shall apply whether any claim is based on principles of contract, warranty, negligence or other tort,breach of any statutory duty,principles of indemnity or contribution,the failure of any limited or exclusive remedy to achieve its essential purpose,or otherwise. c.Seller shall not be liable to purchaser or any other party for any loss,damage,or injury which result from the use of application by purchaser or any other party of goods and PR services delivered to purchaser. In no event shall seller be liable to purchaser or any other party for loss, damage,or injury of any kind or nature arising out of or in connection with these terms and conditions by seller. Its employees, agents or subcontractors, in excess of the new purchase price of goods and or services actually delivered to and paid for by purchaser hereunder. 9.SOFTWARE WARRANTY. Seller warrants that if it has provided any software when used in conjunction with seller's equipment. It will conform to the written specification provided to purchaser.Seller's liability or breach of this software warranty is limited to a refund of the price of any such nonconforming software.The foregoing warranties and remedies are exclusive and in lieu of all warranties and remedies express or implied.And seller shall have no other or additional liability to purchaser or to anyone claiming under purchaser under any other contract or warranty express or implied. Either in fact or by operation of law,special,consequential,incidental or punitive damages of any kind or from any cause arising out of the sale (to purchaser or otherwise).Lease installation or use of any equipment or software furnished under even if seller has been advised of the possibility of such damages.The prices and discounts applicable under this contract,to account this limited warranty. 10.AUTHORITY. If Purchaser is a corporation,then this Sales Contract is executed by its duly authorized corporate officer and or agent to the authority granted by its Board of Directors. If Purchaser is a partnership,then said Sales Contract is executed by a general partner thereof or duly authorized agent of said partnership. 11.PRICE CONDITIONAL. XAV's acceptance of Purchaser's order is subject to the condition that the prices set forth herein may be increased to reflect those prices in effect at the time of delivery of the machine to the Purchaser except for orders taken within thirty(30) days prior to the effective date of the price increase.Orders not shipped within thirty(30)days after the effective date of the price increase will be billed at the new price.Shipping will be on a first order in first out basis as machines and equipment are available. 12.MERGER CLAUSE.This Sales Contract contains the entire agreement between the parties cancelling and taking the place of all prior oral, written or implied agreements between them with respect to the aforesaid machines and equipment.No modification or cancellation hereof shall be binding unless written and signed by both parties hereto.This Sales Contract shall be governed and constructed according to the Laws of the State of Georgia,County of Gwinnett. 13.NOTICES. All rights and obligations of the parties shall be governed by the Laws of the State of Georgia, County of Gwinnett.Shall provisions of this Contract shall be held to be invalid,illegal or unenforceable in any respect under the law of any state,or of the United States of America,the validity,legality and enforceability of the remaining provision shall not in any way be affected thereby. This Contract will not be binding on Seller until acceptance by an officer of the Seller.All claims and notices regarding this Contract must be sent in writing by certified or registered mail to Xerox Audio Visual Solutions,3170 Reps Miller Road, Norcross,GA 30071. 14.STATUTE OF LIMITATIONS. No action,regardless of form,arising out of transactions under the Contract may be brought by Purchaser more than one year after the cause of action has accrued. Signature Print Name Date The above signature indicates that this individual has full authorization to commit the company to this purchase and confirmation of all information above-if company conducts business via purchase order(s)or contract,this signature is null and void. 009583 Page 7 of 12 .aMwr xerox ` Systems Engineer/Account Manager �fJ jclaucirica( xeroxaudiovisual.com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 Maintenance Agreement Client Information Client: City of Opa-locka Contact: Faye Douglas Installation Address: Billing Address: 3400 NW 135th Street, Bldg B 3400 NW 135th Street, Bldg B , Opa-locka, FL, 33054 Opa-locka, FL 33054 Xerox Audio Visual Solutions Job#: Room Information: Installation Date: Service Provided in this Agreement *Telephone supported technical consultation * Semi annual scheduled inspection System functionality check • Projector filter cleaning • Lamp installation(Client to provide the lamp) *Preferred response time *Dedicated email/phone number *Archival documentation *Labor to support manufacturer's warranty Terms of Agreement Effective Date: MA Annual Rate: $1269.00 Length of Agreement: 1 Year The additional terms and conditions on the reverse side hereof are incorporated in and made part of this agreement.No one is authorized to change,alter,or amend the terms and conditions of this agreement unless agreed to in writing by both parties. I Accept Initials: I Decline Initials: (By declining client acknowledges standard labor rate of$130.00 per hour with a two hour minimum and standard trip charge rates will apply,as well as all costs for non-warranty parts.) Xerox Audio Visual Solutions Agreement Client Agreement Date Accepted: Date Accepted: Name: Name: Signature: Signature: 009583 Page 8 of 12 J.C. Laucirica xe rox . Systems Engineer/Account Manager jclaucirica(a xeroxaudiovisual.com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 GENERAL SCOPE OF COVERAGE: This agreement covers labor for adjustments,repairs and replacement of parts as necessitated by normal use of the equipment except as hereinafter provided(based on services listed on page one of this agreement).Damage to the equipment or its parts arising out of misuse,abuse,negligence,or causes beyond Xerox Audio Visual Solutions(Company)control are not covered.In addition Company may terminate this agreement in the event the equipment is modified or damaged,altered or serviced by personnel other than those employed by Company,or,if parts,accessories or components not authorized by Company are fitted to the equipment or if equipment is relocated from original room or removed from original system.Equipment is only eligible to be serviced under this agreement if,at the time of service,it has a valid manufacturer serial number and UL certification.Company shall have full access to equipment to perform service. EXTENT OF LABOR SERVICES: Labor performed during a service call includes only services listed on page one of this agreement.Labor does not include any alteration of the original programming(if any).This agreement does not cover relocation of components,installation of accessories or other devices,exterior refinishing or painting. SERVICE CALLS AND REPLACEMENT OF PARTS: Service calls under this agreement will be made during Company's normal business hours at the installation address shown on the reverse side of this agreement.Travel and labor time for service calls after Company's normal business hours,on weekends and on holidays,if and when applicable,will be charged at 2x Company's normal labor rates for evenings and weekends and 3x Company's normal labor rates for holidays in effect at the time the service call is made with a two hour minimum charge.Any services provided outside Company's normal business hours are subject to availability of qualified personnel and will be billed in one hour increments plus trip charges after the first two hours. TERM: This agreement shall become effective upon receipt by Company in accordance with the maintenance charge provided for on the reverse side hereof.This contract shall be automatically renewed for the term of the original agreement unless either party sends written notice prior to 30 days from contract's expiration. CHARGES: The initial charge for maintenance under this agreement shall be the amount set forth as the"rate"on the reverse side hereof.The maintenance charge with respect to any renewal term will be company's charge in effect at the time of renewal.Customer agrees to pay the total of all charges for maintenance during the initial term and any renewal term within 30 days of the date of company's invoice for such charges.Customer understands that alterations,attachments or specification changes may require an increase in maintenance charges and agrees to pay such promptly when due.Company is hereby authorized to offset any past balance against amounts due customer at termination.Customer agrees that,should they have any past due balances with company for any reason,service under this agreement will be suspended until such past due balances shall have been satisfied. BREACH OR DEFAULT: If the customer does not pay all charges for maintenance or parts as provided hereunder,promptly when due:(1)Company may(a)refuse to service the equipment or(b)furnish service on a C.O.D."Per Call"basis at published rates and(2)the customer agrees to pay Company costs and expenses of collection including the reasonable attorney's fee permitted by law in addition to all other rights and remedies available to Company. The Company may also accrue late payment penalties to the fullest extend provided by the law. 009583 Page 9 of 12 xerox ge Systems Engineer/Account Manager �' jclaucirica anxeroxaudiovisual.com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 NO WARRANTY: Other than the obligations set forth herein,company disclaims all warranties,expressed or implied,including any implied warranties of merchantability,fitness for use,or fitness for a particular purpose.Company shall not be responsible for direct,incidental or consequential damages,including but not limited to,damages arising out of the use or performance of the equipment or the loss of use of the equipment and customer hereby waives any claims related thereby.In no event will company be liable for loss of profits or other consequential damages even if customer has advised company of the possibility of such damages. MISCELLANEOUS: This agreement shall be governed by and construed according to the laws of the State of Georgia applicable to agreements wholly negotiated, executed and performed in Georgia.It constitutes the entire agreement between parties and may not be modified except in writing signed by duly authorized officers of Company and the customer.This agreement does not cover service required as a result of abuse,misuse,fire,negligence, tobacco smoke,operator error,dust,smoke,flood,accident,electrical disorders,static discharge,unauthorized modifications,hostile environment, cosmetic damage or other acts of God.In no event will Company be liable for loss of profits or other consequential damages even if Customer has advised Company of the possibility of such damages or for any claim against the Customer.Company's liability to Customer for damages from any call whatsoever and regardless of the form of action,whether in tort,including negligence,shall be limited to the full purchase price of the Agreement for the current period covering the specific components covered under this Agreement that caused the damages or that are subject matter of,or are directly related to the cause of action. EXCLUSIONS: Lamps,programming changes,and batteries are excluded from this Agreement. Revised 11/30/2012 009583 Page 10 of 12 J.0 Laucirica xe rox . Systems Engineer/Account Manager jclaucirica( xeroxaudiovisual.com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 Statement of Work 009583 Page 11 of 12 xerox . Systems Engineer/Account Manager jclaucirica(a)xeroxaudiovisual.com Audio Visual Solutions 15712 SW 41st Street Ste 11 Davie, Florida 33331 Phone: 800-849-4088 Fax: 954.473.0205 Customer Acceptance Install Date: Xerox Invoice#: Customer P.O. #: Customer Room#: Company Name: City of Opa-locka Contact Name: Faye Douglas Address: 3400 NW 135th Street, Bldg B Address: City, State, Zip: Opa-locka, FL, 33054 Phone: Email: fdouglas @opalockafl.gov I authorize that all equipment purchased has arrived and/or has been installed to date. All equipment is in good condition and working. I hereby agree that the installation has been completed and that I am authorized to sign off on the project. AUTHORIZED CUSTOMER SIGNATURE DATE DATE XEROX AUDIO VISUAL REPRESENTATIVE DATE 009583 Page 12 of 12 SMART Board' 800 series SMAiCr interactive whiteboard system Inspired Collaboration" Transform team collaboration with an interactive whiteboard system that makes it easy for people to work together, and interact with files and applications. The 800 series offers a natural touch and writing experience, making it a great choice for every collaboration environment. Bright ultra-short throw projector • 1. The SMART UX80 projector is high-definition and virtually eliminates distracting shadows and glare. It also offers 720p resolution and 3,300 lumens, ensuring images are crisp and bright. SMART Ink' 1.5 I SMART Ink automatically I enables you to write in any 1 1111111.11.1.110. I application window. Touch gestures — 1 Zoom,flick and • J rotate objects easily–the 800 series supports '`r gestures like those used in • the Microsoft Windows 7 1 - 111.1.1" ► operating system. ' _ ( Multi-tool, multi-touch Two people can interact with content simultaneously, using touch gestures to write and manipulate content,or simply picking up a pen or eraser. _-- - ‘ - sable accessory In.ckidec • • • This productivity and collaboration software enables GoWire allows any computer to quickly connect goin∎ you to collaborate in the 4th dimension by working to the display and access SMART Meeting Pro PE in the Unbound Workspace to create, share and (Personal Edition)software. interact with content.The unlimited collaboration space makes it easy to work with large amounts of visual data without getting lost. Key Features Touch aest_,res D _ - __. .- -17 _dJ'...C 3 c»:. _ ..77.. Zoom, flick and rotate objects easily—the 800 series GoWire allows any computer to quickly connect to the display supports gestures like those used in the Microsoft and access SMART Meeting Pro PE(Personal Edition)software. Windows 7 operating system. Support for multiple displays Users can simultaneously write,as well as share content and Work naturally by using touch gestures to write and applications on up to 16 connected displays. manipulate content or simply pick up a pen or eraser. Two people can interact with content simultaneously. Durable surface The hard-coated, low-gloss steel surface is optimized for Object awareness projection and is easy to clean. Functionality automatically adjusts depending on the tool or object being used,whether it's a pen,finger,eraser or fist. Bright ultra-s - :, The SMART UX80 projector is HD-ready and displays crisp, SMART Meeting Pro''4.0 software(included) bright content. It offers 720p resolution and 3,300 lumens, This productivity and collaboration software enables you to and virtually eliminates distracting shadows and glare. collaborate in the 4th dimension by working in the Unbound Workspace to create,share and interact with content.The Network enabled projector unlimited collaboration space makes it easy to work with Asset management features enable you to control and manage large amounts of visual data without getting lost. the projector remotely. Powerful collaboration Intuitive interaction 1/ Virtually unlimited digital whiteboard space ✓ Intuitive design supports natural interaction with content ✓ Ability to write over any application ✓ Ability to move easily between documents, digital ✓ Multiple options for saving work notes or the Web Authorized reseller: SMART Technologies Toll Free 1.866.518.6791 (U.S./Canada) or+1.403.228.5940 smarttecr:.corn . ._ J 02013 SMART Technologies.All rights reserved.LightRaise,SMART Meeting Pro,GoWire,smarttech,the SMART logo and all SMART taglines and product logos are trademarks or registered trademarks of SMART Technologies in the U.S.and/or other countries.All third-party product and company names are for identification purposes only and may be trademarks of their respective owners. SMART Specifications SMART Board® interactive whiteboard system Model S8885ix2/SB885ix2-SMP Your SMART Board 800ix2 interactive whiteboard system combines the use of a SMART Board 885 interactive whiteboard,a SMART UX80 " projector,and other accessories and optional equipment. +' It uses the WXGA(16:10)ultra-short-throw, high-offset SMART UX80 projector and delivers high definition,3D-ready high performance interactivity that is virtually shadow-free and glare-free.You can do everything you can do at your computer—open and close applications, meet with others,create new documents or edit existing ones,visit websites,play and manipulate video clips and more—just by touching the interactive surface.Four users can draw on the interactive surface at the same time,and you can use an array of gestures within applications. The projector supports video and audio connections from a variety of devices including DVD and Blu-ray TM players,document cameras,and other high-definition sources,and can project media from these sources onto the interactive screen.All HDMI 1.4 inputs are HDCP compliant. See smarttech.cam for more information on this product. smarttech.com/kb/170453 1 SPECIFICATIONS SMART Board interactive whiteboard system—Model SB885ix2/SB885ix2-SMP (4812 cm) 78 1/2" (199.4 cm) interactive whiteboard , 16 13/16 �� ,_ 7 3/4" (42.6 cm) (19.7 cm) Weight // - II 60 lb.(27.2 kg) % Shipping dimensions v _ i v 43/8"Wx563/4"Hx88"D _ N - E co (11.1 cm x 144.1 cm x 223.5 cm) CO ft E U N cam- LI) c'� 16 rn oi Zo 4 . $,(�� (1. = Shipping weight SB885ix2 co co N rn `- 90 lb.(40.8 kg) �M Iv Ch N rn 74"(188 cm) in Shipping weight SB885ix2-SMP !' ctio _ _ J 95 lb.(43.1 kg) (97.8 cm) 10 15/16"-1 (19.2 cm) 16 13/16" I n `o (427 cm) I I ! a r r, o o) r N i itililiniallicill SMART UX8O projector Extended control panel (ECP) -SB885ix2 only Weight(projector only) Dimensions 19 lb 6 oz.(8.8 kg) 6 5/8"W x 2 18/"H x 4 5/8"D Weight(projector+boom) (16.8 cm x 5.5 cm x 11.9 cm) 33 lb 12 oz.(15.3 kg) Weight Shipping weight(projector+boom) 5 lb. 11 oz.(2.6 kg) 421b 5 oz.(19.2 kg) Shipping dimensions 161/2"Wx 14"H x 3"D Shipping dimensions (41.9 cm x 35.6 cm x 7.6 cm) 255/8"Wx 235/8"H x 153/4"D (65 cm x 60 cm x 40 cm) Remote control dimensions 1 5/8"W x 3 3/8"H x 1/4"D (4.1 cm x 8.6 cm x 0.6 cm) 2 smarttech.com/kb/170453 I SPECIFICATIONS SMART Board interactive whiteboard system—Model SB885ix2/SB885ix2-SMP Projector Brightness(standard) 3300 lumens(typical)in Standard 280 W mode at a CCT of 6500 K by the IEC method. Brightness(economy) 2600 lumens(typical)in Economy 230 W mode at a CCT of 6500 K by the IEC method. Native resolution WXGA 1280 x 800 Aspect ratio Native 16:10 aspect ratio with support for 16:9,and 5:4 and 4:3 aspect ratios with source image scaling. Throw ratio Ultra-short throw,0.18:1 ratio Throw distance 14 3/4"(37.5 cm) Display technology Single chip DLP®technology by Texas InstrumentsTM 3D technology 3D-ready projector using DLP LinkTM technology Lamp life 2000 hours in Standard 280 W mode,3000 hours in Economy 230 W mode. Integrated speaker 10 W mono Projector noise 36 dBA(high fan speed)or 33 dBA(standard fan speed),measured using the JIS method Contrast ratio(typical) 2000:1 Video system HDTV(720p and 1080p)video system compatibility and HD Ready(HDMI technology and compatibility 720p)available,NTSC, NTSC 4.43,PAL, PAL-N, PAL-M,SDTV(480i/p and 576i/p) Video interface HDMI 1.4(x2)and VGA(RGB or Component) compatibility Horizontal frequency 31 kHz-68 kHz Vertical frequency 30 Hz-85 Hz Clock frequency 25 MHz-150 MHz External management IR Remote,RS232 control port,internal web page,Crestron RoomView®management via Ethernet Interactive whiteboard Touch resolution 4000 x 4000 Digitizing technology Four-camera DViT®(Digital Vision Touch)technology with steel coated dry erase surface Accessories Two ergonomic pens with comfort grip and rectangular eraser Extended Control Panel SB885ix2-included with the system, not pre-attached to the pen tray (ECP) SB885ix2-SMP-included with the system,pre-attached to the pen smarttech.com/kb/170453 3 SPECIFICATIONS SMART Board interactive whiteboard system—Model SB885ix2/SB885ix2-SMP Included cables and For SB885ix2 and SB885ix2-SMP For SB885ix2 only hardware 14'9"(4.5 m)power cable Notebook/laptop harness Infrared remote control For SB885ix2-SMP only 16'5"(5 m)USB cable 150 mm USB adapter 13'5 1/2"(4.1 m)3.5 mm stereo audio cable SBX800 CATS-XT USB extender Projector wiring harness SMART Go Wire TM auto-launch cable with SMART Meeting Pro TM software Room control adapter cable-SB8-CTRL Theft protection Projector system padlock ring SB800 system-Kensington security slot Projector connectors 3.5 mm phone jack audio input 3.5 mm phone jack audio output DB15F RGB VGA video input DB9F RS-232 control port HDMI 1.4 input(x2) Power(100V-240V AC at 50 Hz-60 Hz) USB-B port-for service use only RJ45-ethernet connector RJ45-second projector control 7-pin mini-DIN for ECP data 4-pin mini-DIN 5V/2A output for ECP USES HUB/switch power ECP connectors RJ11 6-wire internal pen tray connection 11-pin connects to projector wiring harness 4-pin room control system via SB8-CTRL adapter cable USB Type B connects to bottom of pen tray USB mini-Type B(x2)primary and secondary computer connections USB Type A for USB Drive or memory stick IMPORTANT The USB Type A connects only to the Primary computer Computer requiremems SB885ix2 Windows®operating system or Mac operating system software and SMART Notebook software installed SB885ix2-SMP Windows operating system and SMART Meeting Pro software installed or the SMART GoWire auto-launch cable connected. Power requirements 100V-240V AC at 50 Hz-60 Hz 4 smarttech.com/kb/170453 LIFi VIDEO FURNITURE INTERNATIONAL lif Furniture Designs That Communicate totristrom Mobile Electric Lift Stand .._ ,_ - Model LFT8000 - � Mobile Electric Lift Stand a .. The LFT8000 heavy duty mobile lift stand for single monitors has motorized lift capability for**SMART Board®interactive u =v whiteboard system 885ix(landscape orientation) It is a self supporting,wheeled stand. Ideal for environments where adjustable height or ADA is required. Standard Features Include: � % rr - 1 _,- 1 -Accommodates**SMART Board®interactive whiteboard w ` system 885ix -20"travel Electric Worm-Drive actuator for safety and reliability -Cable push-button remote for easy incremental adjustments Shown with'*SMART Board® —5"metal casters with bailbearing,non-marking wheels, 885 ix interactive whiteboard 2 are locking -Wiring channel inside main pillar -Light gray metal frame with Shark Gray-SGR panel color . -Scratch resistant powder coat finish -3RU rack inside Options =-�-- ! is p �gi al.NI I. LTS Mobile media cart for laptop or PC -LFT8000-WM Wall mounted version 1 ; -PM-PB Mounted six outlet power bar with 10 ft.cord ii ? I I a r b �° a - lit- LFT8000 ,, Cable push-button remote Light Gray werai f ame *Or Interactive Whiteboard MODEL WIDTH DEPTH HEIGHT **SMART Board®is a trademark or registered trademark of SMART Technolog ies ULC in the U.S. and/or other countries 74" NotverifedbySMART.lnteractivedisplaysaredifferentthaninteractivewhiteboards LFT8000 *51 3/8" 333/8" 190 Don Hillock Drive.Aurora.Ontario.L4G 0G9 Tel:(905) 751-1459 Toll Free:(877)834-3875 Fax:(905)751-1488 0 sales @video-furn.com •R www.video-furn.com SPECIFICATIONS SMART Board interactive whiteboard system—Model SB885ix2/S B885ix2-SM P Power consumption Full mode 375 W Standard mode 311 W Standby mode 0.5 W Operating temperature Interactive whiteboard 41°F to 95°F(5°C to 35°C)from 0'to 6000'(0 m to 1800 m) 41°F to 86°F(5°C to 30°C)from 6000'to 9800'(1800 m to 3000 m) Projector Standard speed:0'to 6000'(0 m to 1800 m):41°F to 95°F(5°C to 35°C) High speed:6000'to 6800'(1800 m to 2100 m):41°F to 86°F(5°C to 30°C) Storage temperature -4°F to 122°F(-20°C to 50°C) Humidity 5%-to 95%storage relative humidity,non-condensing 5%to 85%operating relative humidity,non-condensing Regulatory certification CB,CCC,CE,C-Tick,FCC,KC,GOST-R,NOM,PSB,PSE, UL/CSA(US/Canada)and VCCI Environmental compliance China EIP European Union REACH,RoHS,WEEE, Battery,Packaging and ErP Standby U.S. Packaging and Conflict Minerals Interactive whiteboard Two-year limited equipment warranty OR Five-year limited equipment warranty upon registration Projector Three-year limited equipment warranty Projector lamp 1000-hour/one-year warranty ECP Three-year limited equipmentwarranty Order numbers SB885ix2 87"(221 cm)diagonal SMART Board interactive whiteboard with a SMART UX80 projector system.Includes a SMART Notebook software installation DVD. SB885ix2-SMP 87"(221 cm)diagonal SMART Board interactive whiteboard with a SMART UX80 projector system.Includes a SMART GoWire cable with SMART Meeting Pro software and a SBX800 CATS-XT USB extender. smarttech.com/kb/170453 5 SPECIFICATIONS SMART Board interactive whiteboard system—Model SB885ix2/SB885ix2-SMP 1018740 Replacement SMART UX80 projector lamp module 1013576 Projector hardware kit 3m kr. ?;0505 Optional extended warranty EWY2-UX80 UX80 projector extended warranty (avaiable at time of projector purchase only) Optional accessories See -_'arttecn.comiaccessortes smarttech.com/support smarttech.com/contactsupport ©2013 SMART Technologies ULC.All rights reserved.SMART Board,DVT,SMART Meeting Pro,SMART Notebook,SMART GoWire,smarttech,the SMART logo and all SMART taglines are trademarks or registered trademarks of SMART Technologies ULC in the U.S.and/or other countries.RoomView and the Crestron logo are either trademarks or registered trademarks of Crestron Electronics,Inc.in the United States and/or other countries.All third-party product and company names may be trademarks of their respective owners.This product and/or use thereof covered by one or more of the following U.S.patents.www.sm arttechcom/patents.Contents are subject to change without notice.03/2013. 6 smarttech.com/kb/170453 Panasonic Countertop Microwaves 1.2 cu. ft.NN-SN661 S - Sears Page 1 of 2 Panasonic Family Size 1.2 Cu. Ft. 1200W Countertop Microwave Oven - Stainless Steel Front& Silver Body Sears J2 310051000 Model# NN-SN661S Rating 5 n $159.95 Special Offers Sold by Sears and ,7,7 ...ed Qualifying Orders$59+SHIP GRcc Of`,. ends 30- !:G:^=..... Nov-201: -.. .�.-•.. - rr; Support&Price Matching !„1,. ;flick to calla Sears expert now _anawprrce .-- -- add to Liar VIr Chet Ave wth a Seers expert now. Add to Reyist_y ---- Availability&Rewards Tweet Members earn 15'00 SHOP YOUR UVRY'.ports on this item Yadeas&Product Demos Soecial pricing for,and Parasonic C-)urtertor? F - microwaves Panasonic C Microwaves Ali P;3nason,c Specifications&Dimensions Overview Ratings&Reviews Guides&Policies Dimensions: Depth(In j 15 31 Product Description Depth with Door Doan;in) 38 4 Panasonic's NN-SN661 S Family Size 1 2 Cu.Ft.1200W Countertop Microwave Oven Height;r) 12 25 features Inverter Technology and Genius Sensor Cooking.Inverter Technology perfects the art of cooking with microwave ovens,delivering delicious flavor,excellent color,as well as Interior Capacity: 1 2 cu ft superb shape and texture in the foods you cook The consistent delivery of microwave Interior Dimensions(HxkVxD1 9x13 43x15 5 energy means delicate foods can simmer without the edges and surfaces overcooking Weight(lbs) 25 5 Inverter Turbo Defrost technology is an advanced microwave sequencing system using the inverter continuous power delivery feature to defrost foods faster Genius Sensor Cooking Width(in). 20 69 takes the guesswork out of creating a great meal by automatically setting power levels and Shipping Depth''in 1 '13 adjusting cooking or defrosting time with the touch of a button.The sensor measures the Shlppin Height;n 1. 14.56 amount of steam produced during cooking and signals the microprocessor to calculate the g g remaining cooking time at the appropriate power level.This product has earned the Good Shipping VVidth'in) 22 31 Housekeeping seal of approval • 1 2 Cu ft capacity countertop microwave.oven is cer ieci for family sized meats Product Overview: General Warranty 1 year parts and labor.5 • 1200 watts cooking power year magnetron tube Power Cord inoiude.d Yes • 13 5-inch automatic,removable,revolving turntable Weight,Shooing 31 • Green 4-digit LCD 1isolay with membrane control panel Color: • Interactive multi-lingual menu action screen Color Family Stainless steel • Inverter technology delivers delicious flavor,excellent color,superb shape and texture in the foods you cook Microwave Configuration: Clock Yes live ter turbo defrost technology defrosts foods quickly Heating Type iMicrowere microwave • Genius on touch senso,cooking takes the guesswork out of cooking by automatically setting cower a,•e Pp,t,er_�,;ela levels and ajl ustmg cooking or defrosting time with the:ouch of a outton Turntable Yes Turntable Diamete "n i 13 5 • Genius one touch sense-reheat •Microwave Settings. Ke o.•a1m setting Child Lock Yes • ?oocornkev Convection Cooking No Defrost Yes • Quick minute Delay Start Yes • More/less control Maximum icro••„ays Coo in.;TRne 39 49 (rmn) Goal'J,usshee r`r_:,:?7t1l Jfac. _, Sensor Co Cock Yes Soaef mi Stainl? 1^44_.��.. ..., „,,, r; ,,,;�„ 1 1 11nn,,, ,,,,,,,,+o,•+..„/„_n1n1 nnA1 Ann i 11/14/11111 7 t. Patiasonic Countertop Microwaves 1.2 cu. ft. NN-SN661S - Sears Page 2 of 2 :.: = , PoWer Source: \A;'attage Range. ':ii7,7: vette and over Added on October 27,2012 Styling: Door Release °us',buttes Door Swing Le. Certifications: ENERGY STAR Compliant: Na UL Safety Listing Yes Related Products ,2.5601 kit,c;rowave Over-Eacx . Inverter Technology,in Snapshot Size 2 2 Cu.Ft 1250W --, -.aod Gcn,aauptertoo Mo)-c-*3,3 A Panasonic's NNH9S5BF Full E3 The 27 in GE JX827DMB ! , -VPit,* deluxe trim kit gives a built in , Kenmore is America's#1 Microwave Oven with look to a black 1 0 cu ft. P -)auct appliance brand,trusted in the homes of more than 100 black,perfects the art of million American The 1.2 cooking. cubic foot capacity Product Sr aos--. Product Snapshot Related Searches Ig over range microwave,ge spacernaKer ii coLinter7op microwave,3-perstearn m:crowave oven,cubic feet microwave, 1000w microwave over microwave over= wb:te A httrr//www.sears.cominanasonic-familv-size-1.2-mt-ft-1 200w-cot interton/n-0201 0061 000 1 0/1 6001 1 GE 18.1 cu. ft.flop-Freezer Refrigerator- Stainless Steel ENERGY STAR® - Appliances... Page 1 of 3 Shop Similar Products 1 - i GE 18.1 cu. ft. Top-Freezer Refrigerator- Stainless I Steel ENERGY STAR® Sears It m# 2451 1238000;Mode!# GTJ 18CBESA Reg Pince $6.29-:0 Savings:$44.01 ,,1 ._., $584.99 99 interest c paid�n site,. Sold by Sears and Fulfilled by Sears full within 12 month; s 18 2 a, , when you use a a . i qualifying Scars card }. on all Appliance �1 items over$499 `'" -1: through I o/-ia2'-3i3 interest •a9sow R lP ;.•8 ._;�:.1 will be charged to a your account from ?+dd to Regmtr•# the purchase date if "-----`�'— —'--- the purchase balance TtR.eef is not paid in full ��. _... within the 12 months or if you make a late Payment Minimum pavnerts required . Items sold by Sears Support&Price Matching , .t_ _'9cktu call a Sears e .---__._- ,�-:D Sean het kfe with a Sea .. — Availability& Rewards dAambers earn 5550 points on this item Freezer Re igarettzr Available for...wawa,, White —the easy'Nay to See Fnce. nay Soe.cial pricing for, and?:.e.o R cc Specifications&Dimensions Overview Ratings&Reviews Guides&Policies Dimensions and Capacity: Adjustable i_egs Yes Product Description Standard or Counter Depth Standard Depth CO The GE®GTJI8CBESA ENERGY STAR®top-freezer refrigerator is a great fit for any Depth w/Door Open 90 Degrees 56 38 kitchen. Its uofront temperature::oirtrols are easy to use Depth w/Handle;in) 32 33 With the stainless-steel GE GTJI8CBE refrigerator,you'll enjoy convenient features like Depth w/out Handle fin 1 305 sealed condenser coils that never need cleaning,adjustable wire shelves,gallon-size door storage,in-the-door can storage and clear crisper drawers that make it easy to see what's Freezer Capacity Cu Ft) 4 2 inside In the freezer,adjustable wire shelves give you versatile storage options Height to Top of Case in 1 88 33 • Adjustable wire shelves can handle a variety cf foods Height to Top of Hinge in) 57 38 Q Overall Capacity(Cu Ft) 13 1 • Easy-to-use,upfront temperature controls regulate both fresh food and freezer sections Refrigerator Capacity 13 9 Width•,v/Door Closed(In). 23 • Gallon door storage in the door easily accommodates larger items Width w/Doer Doan ail'Degrees 3:)'5 , Can storage door shelf holds cans in the door for 5-s-se:ection and luck access In) Depth without Door;in i 25 75 • Clear crisper drawers make finding your favorite items quick and easy Color and Styling: • Wire freezer shelf or ovides additional storage.for frozen"gods Cabinet Color' Slack • Never Clean condenser with scaled compartment kesas coils clean and simplifies maintenance Color Family Stainless steel Cnscer Color Clear Door Color Metallic This product is: :JOpr=hnieh 3m7.)i1 -. !Door Style vial . Hanle Color Fire `: ..,. :.".-...+,.« ..+.,:-1—,/.- /IA K111 STAA(1D9,•.,- 111/1 K/'1(112 GE 18.1 cu. ft. Top-Freezer Refrigerator- Stainless Steel ENERGY STAR® - Appliances... Page 2 of 3 r Product Overview: Added on September 17,2013 arsrris:Jo_ _s Ve ght,Shpairig 177 Performance: Kilowatt ire per Year 333 Does it make sense to upgrade? General Features: Compare these other products with the current product and hod aut eneral Warranty 1 year limited Current Product Go Bigger! Get Organized Power Cord Included Yes Durability: Stay Cool Refi.gerator Shelf Material Wire Filtration&Dispensing: Ice Maker: Optional ,+ Ice Style Nona Internal Water Dispense- No rr Tnru Door Dispenser. None Water Filter No Refrigeration Conveniences: de? g $584.99 oe000 $674.99 ee. -a$854.99 Adjustable Shelves Yes Control Location Intenor Cnsper Style Slide-out Gallon Door Storage Yes Humidity Controlled Crisper No _____ Number of Refrigerator Door Sins 3 - - Number of Refrigerator Drawers 2 of Refrigerator Shelves 2 Refrigerator intenor Light Yes 5989 99$899.99 Freezer Conveniences: Capacity Defrost System Manual 13 1 132_ 13 5 Freezer Interior Light No 20 6 Number of Freezer Door Bins Number of Freezer ShelvesBaskets 1 Shelves Certifications: 2 3 3 ENERGY STAR Compliant Yes httn•//www ceare t'nmlae-1 R 1-(11-ft-to n-free7er-refrjueratnr-etninlecc/Y1-n4A1 171Rnn(1P9rtr 1 nil FP)n12 I ` GE 18.1 cu. ft. Top-Freezer Refrigerator- Stainless Steel ENERGY STAR® - Appliances... Page 3 of 3 3 Ice Maker Optional Optional ' No Yes Humidity Controlled Crisper No Yes Yes Yes ENERGY STAR Compliant Yes Yes Yes Yes E Compare Full Specs 0 Compare Full Specs ❑ Compare Fur Specs A _ ....a....1. A I....1. . 1 Q 1 nn Al 111Qnnnf9,,,r 1 nil�i1n1 a r GE PEM31SMSS 1.0 CuFt Built-In Spacemaker Microwave Oven Page 1 of 4 Birsuiddiart lux OF COURSE...YOUR FAVORITE BRANDS AT LOW,kROW f ttlCES Zoos? GE PEM31SMSS SRP$269.00 Spacemaker Off SRP$19.18 1.0 CuFt Built-In S I� Your Price$249.88 Microwave Oven Model:PEM31SMSS Sku:PEM31SM-SS No Sales Tax N , aZ u'• ..�._: . * " _. r Manufacturer's Warranty ? , w ri 4.0 (2 reviews) 12 Months Parts Read 2 Reviews Write a Review 12 Months Labor Carry In Service Ultimate 2 Year $39.88 Out of Stock Appliance Service _ .. Plan ;c f a t. .: :� .. Purchase Inquiry L Ultimate 3 Year $79.88 Appliance Service • 800 Watts Plan • 10 Power Levels ,.... Ultimate 5 Year $99.88 • Stainless Steel Appliance Service Plan • Sensor Cooking Controls +Wishlist Add to Cart Product Overview Specifications . Accessories Ratings&Reviews Frequently Bought Together , GE-1.0 CuFt Built-In Spacemaker Microwave Oven and + Progressive International-Microwave Food Cover yy. Buy both for just$252.76 Add to Cart Product Overview t Back to Top Eliminate the hassle of preparing your favorite meals and snacks with this PEM31 SMSS microwaves 7 sensor cooking C) options.One-touch controls remove guesswork from the cooking process,providing the appropriate cooking time for the food you desire.Ideal for even cooking results or for accommodating oversized dishes that may not be able to fully rotate.With Auto and Time Defrost simply enter the weight of the food,and the oven automatically sets the optimal defrosting time and power level or set your desired time for defrosting. Customers Who viewed This item Also viewed... • z W xa Daewoo-0.9 CuFt Avanti-0.7 CuFt Daewoo-0.7 CuFt Daewoo-0.9 CuFt Avanti-0.7 CuFt Countertop Microwave Countertop Microwave Countertop Microwave Countertop Microwave Countertop Microwave Oven SRP$89.00 SRP$69.00 SRP$89.00 SRP$109.88 SRP$79.00 Off SRP$34.12 Off SRP$19.12 Off SRP$29.12 Off SRP$45.00 Off SRP$19.12 Your Price$54.88 Your Price$49.88 Your Price$59.88 Your Price$64.88 Your Price$59.88 GE PEM31SMSS 1.0 CuFt Built-In Spacemaker Microwave Oven 8Page 2 of 4 Mfg Rebate-$15.00 Mfg Rebate-$15.00 Mfg Rebate-$15.00 After Rebate$39.88 After Rebate$44.88 After Rebate$49.88 3.'! 3.8 No Sales Tax No Sales Tax No Sales Tax No Sales Tax No Sales Tax Technical Specs f Back to Top Microwave Type Built-In Finish Stainless Steel Capacity(CuFt) 1.0 Wattage 800 Power Levels 10 Control Type Electronic Touch Auto Defrost Yes Sensor Cooking Yes Turntable Yes Turntable On/Off Option Yes Timer Yes Clock Display Yes Cooking Light Yes Dimensions Unhoxed Height 11.188 in Width 23.781 in Weight 29 lbs Depth 12.281 in Boxed Height 14.0 in Width 29.0 in Weight 35 lbs Depth 16.0 in Customers Who Bought This Item Also Bought... C.411 Progressive International Ragalta-14 Piece Round Whirlpool-Microfiber -Microwave Food Cover Storage Set Cloth SRP$4.99 SRP$22.99 SRP$7.99 Off SRP$2.11 Off SRP$10.11 Off SRP$2.01 Your Price$2.88 Your Price$12.88 Your Price$5.98 GE PEM31SMSS 1.0 Cu Ft Built-In Spacemaker Microwave Oven Page 3 of 4 5.0 4.3 No Sales Tax No Sales Tax No Sales Tax U Add to Order LI Add to Order Li Add to Order GE-1.0 CuFt Built-In Spacemaker Microwave Oven•$249.88 Add All to Cart Ratings&Reviews Back to Top REVIEW SNAPSHOT®by PowerReviews 4.0 (based on 2 reviews)0 I 1 Write a Review Reviewed by 2 customers Sort by 1 Newest 1 v Displaying reviews 1-2 Back to top • By Norma 3.0 Pretty but flimsy 3/31/2013 from South Florida PROS CONS BEST USES About Me Avid Cook • Attractive Design rZ4" • Easy To Clean • Easy To Install •. • • Simple Display Comments about GE 1.0 CuFt Built-1n Spacemaker Microwave Oven: This is our second one.The first one's paint inside chipped off and rusted all of the top of .• the inside.Also the frame around the open button/latch peels off. We just bought this one 2 weeks ago and the frame around the open button/latch is coming off again.Have to return it. • '• 1 1 PRIMARY USE: Personal 1 1 BOTTOM LINE No,I would not recommend this to a friend Was this review helpful?Yes/No -You may also flag this review 1 1 Comment on this review,,c7 • •• By Angie 5.0 Microwave 3/5/2013 from Atlanta PROS CONS BEST USES About Me Casual Cook • Attractive Design • Leftovers r=4ED • Easy To Clean • Popcorn • Easy To Install • Heats Evenly • Simple Controls • Simple Display • Comments about GE 1.0 CuFt Built-In Spacemaker Microwave Oven: Needed specific dimensions cabinet space and works perfectly. PRIMARY USE: Personal BOTTOM LINE Yes,I would recommend this to a friend • Was this review helpful?Yes!No -You may also flag this review Comment on this review ii 1 i Displaying reviews 1-2 Back to top • - • -• - GE PEM318MSS l.00dFtBuilt-In Spacemaker Microwave Oven Page 4 of 4 . . . - - _ _ - - - , ' '. ' .' -_-. - L GE GTZ18GBESS 18.1 CuFt Top Freezer Refrigerator Page 1 of 3 • OF COMS'E...YOUR FAVORTE kilo NCI ti At LOW,LOW PRICE', Zoom GE GTZI8GBESS SRP$745.00 ' 18.1 CuFt Freezer Off SRP$7a Go Top Your Price$674.10 Refrigerator Model:GTZI8GBESS Sku:GTZ18GBE-SS No Sales Tax - .._ "" Manufacturers Warranty In Stock 12 Months Parts 12 Months Labor In Home Service t • 2 Spill-Resistant Glass Shelves • 3 Door Bins Total +Wishlist Add to Cart ' T • Energy Star Rated ` ? • Stainless Steel • Upfront Temperature Controls if W` Y�4 � .!, '�*d ''- 4�Y § -, F"#P4. 3 ,� 4 T�C.E.§&iL�F 5 Z5«-:�._� w e,....,,,,, - 'yV'F Product Overview Specifications Accessories Ratings&Reviews • w- Frequently Bought Together GE-18.1 CuFt Top Freezer Refrigerator and Whirlpool-Industrial Braided Ice Maker Hose(TL) `4� �•' Buy both for just$693.98 - Add to Cart Product Overview 1 Back to Top The GE GTZ18GBESS 18.1 CuFt Top Freezer Refrigerator easily accommodates gallon storage.This Frost Free 0 refrigerator,has 21.7 sq ft of shelf area.The Deluxe Quiet Design plus Never Clean Condenser allows for complete ease of use.Easily reversible door hinges lets you set up your refrigerator for the best use. Documents rt 'owner's Manual' Customers Who Viewed This item Also Viewed,,. ..-.4,y,‘,41 4- 61,,,:ili, , ti GE GTZ18GBESS 18.1 CuFt Top Freezer Refrigerator Page 2 of 3 Maytag-17.5 CuFt Top Daewoo-18.0 CuFt Top- Frigidaire-16.5 CuFt Top Frigidaire-18.3 CuFt Top Freezer Refrigerator Freezer Refrigerator Freezer Refrigerator Freezer Refrigerator SRP$999.00 SRP$539.00 SRP$799.00 SRP$799.00 Off SRP$190.00 Off SRP$39.12 Off SRP$80.00 Off SRP$149.12 Your Price$809.00 Your Price$499.88 Your Price$719.00 Your Price$649.88 5.0 5 0 No Sales Tax No Sales Tax No Sales Tax No Sales Tax Technical Specs I Back to Top Style Top-Mount Capacity Range(CuFt) 18.0 to 22.0 Capacity-Total(CuFt) 18.1 Defrost Type Frost Free Finish Stainless Steel Capacity-Refrigerator(CuFt) 13.89 Capacity-Freezer(CuFt) 4.22 Energy Saving Energy Star Shelves(#) 2 Adjustable Shelves Yes Shelf Construction Spit-Resistant Door Bins(#) 3 Gallon Door Storage Yes Humidity-Controlled Crisper Yes Dimensions Unboxed Height 67.375 in Width 28.0 in Weight 173 lbs Depth 32.375 in Boxed Height 71.0 in Width 32.0 in Weight 192 lbs Depth 36.0 in Customers Who Bought This item Also Bought... 3 GE GTZ18GBESS 18.1 Cu Ft Top Freezer Refrigerator Page 3 of 3 • 4 , Whirlpool-hidustrial Whirlpool-Microfiber Braided Ice Maker Hose Cloth (7'L) SRP$24.99 SRP$7.99 Off SRP$5.11 Off SRP$2.01 Your Price$19.88 Your Price$5,98 0 Add to Order Ei Add to Order 4.6 4.3 GE-18.1 CuFt Top Freezer Refrigerator•$674.10 Add All to Cart Free Shipping No Sales Tax No Sales Tax Ratings&Reviews Back to Top REVIEW SNAPSHOT®by PowerReviews • Not yet rated.Be the first to Write a Review . r Profile Spacernaker II I•U cu. tt. Countertop Microwave in Stainless Steel-YtlY13 SM... aged or Z el FREE SHIP TO STORM OR NOME NOW AVAILABLE ON OVER 400,000 ITEMS® PRO Site Tool&Truck Rental Get It Installed Gift Cards Help luioraSa+ing. Your Store Moredoingt Mittens#6367 change Shop By search All v B�ro'ect:liow-To Sign in or Register Department What can we help you find. ) Your Account GE Prone S serr@B1.0cu.uLOt:noti1nnopViditonwave -,V iIirS Model#PEM3ISMSS Internet#100597593 Store SO SKU#847079 $299.00/each - FREE Delivery&Haul Away Order online or in-store 4.Color/Finish:Stainless Steel o. j. PFi,SDUCT UVEF,VIEW The GE Profile Spacemaker II 1 0 cu ft Countertop Microwave provides 800 watts of cooking power and a 1 0 cu It capacity to accommodate small dishes This microwave also offers a turntable on/off feature to Info&Guides accommodate oversized dishes that may not fully rotate and help ensure even cooking results The sensor cooking controls automatically adjust the time and power for exceptional results,and the kitchen timer can Specification be used as a minute timer to help you keep track of cooking times Use and Care Manual • CLICK HERE to learn more about GE Microwaves Warranty • 0 cu ft capacity accommodates small dishes • 800 watts of cooking power provides great cooking performance • Electronic touch controls offer easy point-and-cook convenience You will need Adobe®Acrobat®Reader to view • Sensor cooking controls automatically adjust the time and power for exceptional cooking PDF documents "4 a free copy from the results Adobe Web site • Auto-and timed-defrost functions automatically defrosts for a specified amount of time • Turntable on/off option accommodates oversized dishes that may not fully rotate and helps ensure even cooking results • Timer on/off feature provides an optional reminder signal when meals are done • Child lock feature enables you to lock the keypad to prevent the microwave from being accidentally started • Kitchen timer operate-s as a minute timer and can be used at any time,even when the oven is operating • Add 30 seconds feature increases cooking times with one touch • Optional hanging kit(part#JXA019K)allows quick,easy under cabinet installation(sold separately) • Optional built-in trim kit(part#JX827SMSS)lets you achieve a custom appearance with built- in convenience(sold separately) • MFG Model# PEM31SMSS • MFG Part# PEM3ISMSS SPECVFVCATVONS Appliance Series GE Profile Appliance Type Countertop Microwave Assembled Depth(in.) 12 28 in Assembled Height(in 1 11 19 in Assembled Width(in) 23 78 in Capacity or Microwave(cu ft) 1 cu ft 1-UL Listed,ADA Compliant,ANSI Color/Finah Siamless Steel Certifications and Listings Certified Color/Finish Family Stainless Door Swing/Style Right to Left Swing „ O/G V1,r11'9 e c Profile Spacemaker if 1,0 Cu, ft. Countertop Microwave in Stainless Steel-PEM31 Sly.., Page 2 of 2 i- * Manufacturer Warranty Limited 1-year entire applianceLimded Microwave Door Release Push Button r 5-year magnetron tube Clock,One Touch Cookmg,Safety Microwave Features Lock,Timer,Turntable,Turntable On/Off Number of One-Touch Settings 12 0 Option Number of Power Levels 10 Oven Settings Defrost,Delay Bake/Delay Start,Sensor Cook Product Weight(lb-) 29 Reconditioned No Returnable Non-Returnable Safety Listing UL Turntable Yes Turntable Diameter 11.31 in Turntable Material Glass Wattage(watts) 800 W CUSTOMERS WHO VIEWED THIS ITEM PURCHASED... I. ' £ ... 1 ® I I I __ $119.00 $139.00 $99.00 $259.00 $199.00 GE 1.4 cu.ft.Countertop GE 1.4 cu.ft Countertop Whirlpool 1.1 cu.ft. GE Profile Spacemaker If GE Spacemaker 11 1.0 cu. Microwave in White Microwave in White Countertop Microwave in... 1.0 cu.ft.Countertop... ft.Countertop... (27) (20) (77) (52) (34) ADD TO CART ADD TO CART ADD TO CART ADD TO CART ADD TO CART • 77 , n C,, ,.. i, T 4,1,11-,n,.. 4 i 18.1 cu, It. Tog Freezer Ketrigerator in Stainless Steel- ILA U SS at 111e Home Depot. i'age 1 0`2 Z if M FREE SHIP TO STORE, OR NOIBIE`.NOW AVAILABLE ON OVER 400,000 ITEMS„ difid $'ll'2B 1 PAC Site Tool&Truck Rental Get It installed Gift Cards Help ��i- felora saving. Your Store b. 14 • Mere doing: Miilenia#6367■change Shop By Search All r?r®ect:C 1®wr-To Sign in or Reg ster DeparftmeINt What can we help you find 1 Your Account 181 Gras.ilt Top FM.ZST Reii■Liartabr at t 511('■14366 Neel Model#GTZ18GCESS Internet#204248939 Store SO SKU#1000011354 H°j $799:00/each i This item qualifies for both Special Buy Savings plus additional 10%off.Add to Cart for Final Price Including Both Discounts. FREE Delivery &Haul Away i Order online or in-store IU Color/Finish:Stainless Steel PLODIJCT OVkintfiElig Your GE 18 1 cu ft Top Freezer Refrigerator in Stainless Steel easily accommodates gallon storage This Frost Free refrigerator,with factory-installed icemaker,has 21 7 sq ft of shelf area The Deluxe Quiet bu G&Gtl dGs Design plus Never Clean Condenser allows for complete ease of use Easily reversible door hinges lets you set up your refrigerator for the best use GE appliances provide up-to-date technology and exceptional Energy Guide quality to simplify the way you live With a timeless appearance,this family of appliances is ideal for your family And,coming from one of the most trusted names in America,you know that this entire selection of Instructions f Assembly appliances is as advanced as it is practical Specification ▪ Factory-installed icemaker eliminates the need to fill ice trays and ensures you have a steady Use and Care Manual • of ice on hand • Up-front temperature controls make temperature management easy by placing the interior Warranty • at the front of the refrigerator • Adjustable glass shelves can handle a vanety of foods e Transparent crisper drawers and a clear Snack drawer make finding your favorite items quick You will need Adobe®Acrobat®Reader to view and easy PDF documents Oownican a free copy from the • Extra-large 13 89 cu ft fresh food capacity provides additional interior space,while 4 22 cu ft Adobe Web site freezer capacity allows for additional storage space - Wire freezer shelf helps provide organized storage for frozen foods • Fresh Food compartment contains Incandescent lighting • Two door Top Load Refrigerator has one fresh food door,and 1 freezer door • Can storage door shelf holds cans in the door for easy selection and quick access • Click Here for details on the services included with Delivery&Basic Hook-up and Installation options for Major Appliances • MFG Mode!# GTZ18GCESS • MFG Pan#, GTZ18GCESS SPECIFICATIONS Appliance Type Top Freezer Refrigeralor Assembled Depth(in) 32 375 in Assembled Height(in) 67 375 in Assembled Width(in) 28 0 in CASE DEPTH(In decimal format) 31 3 Capacity(cu Ft)-Freezer 4 22 cu ft Capacity(cu Ft)-Fresh Food 13 89 cu ft Capacity(cu Ft)-Toial 18 1 cu ft Capacity(cu ft) Refrigerators 18 1 Capacity Range(cu ft) 6-12 Certifications and Listings 1-UL Listed.NSF Listed Color-Applance Cabinet Black ti .1 cu, ft. Top Freezer Refrigerator in Stainless Steel E Z18UC>✓SS at the Horne Depot Page 2 of 2 c c Color-Door Handle(s) Color:Matched Color/Finish Stainless Steel Color/Finish Family Stainless Counter Depth(Yes/No) No Defrost Type Frost Free Depth(Excluding Handles) 30 5 in Depth(Including Handles) 32 375 in Depth(Less Door) 26 75 in Depth With Door Open 90 Degrees 56 375 Door Finish Smooth (In) ENERGY STAR Certified Yes Energy Efficiency Tier Rating Tier I Freezer Door Type Swing Door Freezer Features No Additional Features General Features Incandescent Light Type Height to Top of Door Hinge 67 375 in Height to Top of Refrigerator(in) 66 876 in Ice Maker Single Ice Maker Features Factory-Installed Icemaker Ice/Water Dispenser No Item Package UOM Pieces Manufacturer Warranty Limited 1-year entire appliance Number of Doors 2 Number of Freezer Shelves 1 Number of Fresh Food Shelves 2 Operational Features Humidity Controlled Crisper Product Weight(lb.) 173 Product Width(in) 28 0 Refngeration Dispenser Features No Dispenser Refrigerator Width(In) 28 Returnable Non-Returnable Sell Pack(Baby) 1 Shelf Material-Freezer Wire Shelf Material-Refrigerator Glass Temperature Control Type Internal analog Water Filter Replacement Model# N/A CUSTOMERS INV-10 VIEWED MIS DIEM PUDG-Xlis,S D... _ I $719.10 $1,034.10 $749.00 $719.10 $899.10 iAtkS-4-?99:00 AS 1 9-00 WAS-67-99,00 tma,.S-s9gmg Maytag 20.6 cu.ft.Top LG Electronics 23.73 cu. 18.1 cu.ft.Top Freezer Maytag 20.6 cu.ft.Top Maytag 20.6 cu.ft.Top Freezer Refrigerator in... ft.Top Freezer.. Refrigerator in Stainies Freezer Refrigerator in... Freezer Refrigerator in... (276) (57) (195) (276) (544) ADD TO CART ADD TO CART ADD TO CART ADD TO CART ADD TO CART i c d Maytag 18.5 CuFt Bottom Mount Stainless Steel Refrigerator with Spill-CatcherTM Shelves Page 1 of 3 Home ■ Appliances • Refrigerators ■ Bottom Mount • $999.99 After$80 OFF , Top Setters 3 Maytag 18.5 CuFt Bottom Mount 1 11- i 4'. - Stainless Steel Refrigerator with Spill-CatcherTM Shelves Y I n Compare product ff l 3 Be the first to write a review. Aid"' `;. " .., y Whirlpool®21.9CuFt I , Bottom Mount Stainless `\t ,p'- . Item#787674 $80 manufacturer's discount Steel Refrigerator is valid 10/16/13 through a -4 _1 Features: 10130/13.While supplies last. $1,349.99 ' 2-year Manufacturer's $1 079.99 r„_, - ' Warranty,18.5CuFt Online Price • r .' Capacity,Bottom-Mount _$80.00 ' Freezer,Stainless Steel Less y , - - -,—' Your Price $999.99 Stopping&Handling included' • i i _ -III QUA4TITY 1 '• I. i Add to Cart r #y r am .rxa,, vu The estimated delivery time Maytag 22 CuFt Bottom will be approximately Mount Stainless Steel 7-10 business days from the Refrigerator time of order. $1,399.99 Add to Wish List Print this Page Product Details Specifications Shipping Ft Terms Return Policy Reviews 2-year Manufacturer's Warranty included Refrigerator:Includes DELIVERY,INSTALLATION&HAUL AWAY Bottom-Freezer Refrigerator with Spill-Catcher(TM)Shelves Everything you want is right there with this ENERGY STAR®qualified refrigerator.The full-width refrigerator compartment makes it easy to find your groceries.Inside,Spill-Catcher"shelves ensure clean up will be easy, while gallon door bins allow for convenient large container storage.This 19 cu.ft.model fits in a 30-inch opening,and the included ice maker will ensure you have coot drinks for everyone. Electronic Dual Cool®System Humidity Controlled FreshLock""Crisper • These refrigerator drawers allow you to control humidity,which preserves the freshness of fruit and vegetables , ENERGY STAR®Qualified • Save money on your monthly utility bills—Refrigerators with the ENERGY STAR®emblem exceed energy efficiency standards set forth by the Department of Energy Factory Installed Ice Maker SpillCatcher'Glass Shelves • Help contain spills for quick and easy cleanup.Spill-Catcher'shelves also feature sealed edges and select shelves slide out for convenience. Gallon Door Bins • Find the space you need for gallons of milk and juice—These strong door bins are removable and adjustable for flexible loading and quick cleaning. , Slide-Out Wire Basket with Lower Basket Divider Dimensions: • Width:29-5/8 Inches;Depth:33-3/8 Inches;Height:66-7/8 Inches Capacity: • Total Capacity 18.5 Cu.Ft. • Refrigerator Capacity 12.90 Cu.Ft. • Freezer Capacity 5.60 Cu.Ft. Accessories: Maytag 18.5 CuFt Bottom Mount Stainless Steel Refrigerator with Spill-CatcherTM Shelves Page 2 of 3 • Water tubing for refrigerator: Included • Power cord for refrigerator:Included Delivery is made to the members home;Quality Express will uncrate the unit and install it.The dimensions of the installation location must be appropriate for the new appliance.If damage is found,the member is to refuse delivery of the unit.Whirlpool Quality Express will arrange to redeliver a new unit.Packaging materials will be removed and hauled away.Location of new appliance must be within reach of existing electrical outlets,venting outlets,water lines and/or drains.Quality Express cannot upgrade electrical outlets,wiring and/or plumbing to accommodate installation.All necessary installation accessories are provided to members free of charge.Example:water tubing for refrigerators,venting for electric dryers,power cords for electric dryers.Item will be connected to:venting outlets,electrical outlets and water shutoff valves.For safety reasons,old accessory items cannot be reused,they will remain on/in the old appliance that is moved or hauled away.Proper functionality will be tested and confirmed on all installed appliances.At the member's direction,old like product will be moved to another location on the premises or hauled away and disposed of. REMOVAL AND HAUL AWAY IS NOT AVAILABLE FOR BUILT-IN OR COMMERCIAL GRADE APPLIANCES.INSTALLATION IS NOT AVAILABLE FOR ANY DISHWASHERS,ICE MAKERS,BUILT-IN OR GAS APPLIANCES. Model:MBR1953YES • Brand:Maytag • Capacity:18.5 cu.ft. • Capacity of Freezer Area(Frozen Food):5.6 cu.ft. • Capacity of Refrigerated Area(Fresh Food):12.9 cu.ft. • Color:Stainless Steel • Current Rating:20 Amps • Depth:33.37 in. • Electrical Frequency:60 Hz • Height:66.87 in. • Icemaker:Internal Automatic Icemaker • Model:MBR1953YES • Refrigerator Light:Yes • Type of Refrigerator:Bottom Mount(Door Opens to The Right) • Type of Shelves:Glass Shelves • Vegetable Bin:Vegetable Bin • Voltage:115 Volt • Width:29.62 in. ••State law may require sales tax to be charged on the pre-discounted price if the product is subject to sales tax. 2-Year FULL IN-HOME-SERVICE WARRANTY Covers parts Et labor for 2 years from date of purchase.Please call Whirlpool at 1-866.698.2538 for Service M-F 8AM-1 OPM EST. Delivery The estimated delivery time will be approximately 7-10 business days from the time of order.Delivery agent will call to set up a delivery appointment. Extraordinary delivery requirements may necessitate an additional fee to the delivery agent. Island,mountain and remote location deliveries are subject to cancellation. Order Processing and Delivery Once order has been placed you will receive an email: Order Confirmation:stating that Costco.com has received your order. Once the product has been assigned to fulfill your order you will receive a second email stating that the carrier will be contacting you to set up a delivery appointment.Please wait for this email before contacting Whirlpool or Costco.com. Delivery agent and Costco will make 2 attempts to contact you for delivery,which may occur before the stated delivery lead time above.If no response to these attempts is received,your order may be cancelled. Please provide a valid daytime phone number and email address at time of checkout.You must take delivery within 10 days of contact from the delivery agent pending available delivery appointments. Recipient must be home at time of delivery.Delivery is subject to reasonable access to the area without damaging the purchaser's property or the product,or jeopardizing the safety of the delivery personnel. Deliveries will occur Monday through Friday and are typically scheduled with a 4-hour window on an agreed upon day. Delivery is available to Hawaii.An additional Shipping and Handling fee will apply.This fee will be quoted at checkout.Additional transit time may be required. Delivery is not available to Alaska,Puerto Rico,Montana or Wyoming. Costco.com products can be returned to any of our more than 600 Costco warehouses worldwide. Membership:We will refund your membership fee in full at any time if you are dissatisfied. Merchandise:We guarantee your satisfaction on every product we sell with a full refund.The following must be returned within 90 days of purchase for a refund:televisions,projectors,computers,cameras,camcorders, touch screen tablets,MP3 players and cellular phones. it Maytag 18.5 CuFt Bottom Mount Stainless Steel Refrigerator with Spill-CatcherTM Shelves Page 3 of 3 C f ' How to Return:For an immediate refund(including shipping and handling),simply return your purchase at any one of our Costco warehouses worldwide.If you are unable to return your order at one of our warehouses, please email customer service or call our customer service center at 1-800.955-2292 for assistance.To expedite the processing of your return,please reference your order number. If you request an item be picked up for return, the item must be packaged and available for pick up in the same manner as it was delivered. If your order was delivered"curb side',it will need to be available for curb side pick up. If the item arrived to you in a box,it will need to be in a box at the time of pick up. This item has not been reviewed.Be the first to write a review. Whirlpool 1.6CuFt Countertop Microwave 1,200 Watts of Power, Sensor Cooking, Glass ... Page 1 of 3 Home ■ Appliances Microwaves r Whirlpool 1.6CuFt Countertop Members Also Bought Microwave 1,200 Watts of Power, Sensor Cooking, Glass Turntable Amfmpq., ``µ U Compare product Rated ***^ go(out of 1 review) Share this Product: COON Amana 1.6Cu.Ft. Item#764442 Countertop Microwave 1,200 Your Price $169.99 Watts of Power 10 Power • 1.6CuFt Capacity, 1,200 Shipping 8 Handling included Levels,Auto Defrost ,,,rat--6w0,, Watts,13 1/2" QUANTITY 1 . ' .." Turntable,Stainless $199.99 Steel Add to Cart The estimated delivery time will be approximately 7-10 business days from the of order. A Add d to Wish ish L List Print this Page Product Details Specifications Shipping&Terms Return Policy Reviews(1) Amana 1.6Cu.Ft. Whirlpool®1.6 cu.ft.Capacity Countertop Microwave with Sensor Cooking Countertop Microwave 1,200 Watts of Power, Prepare everything from frozen pizza to pot roast quickly and easily with flexible cooking from this Whirlpool® Touchmatic®Control countertop microwave.With up to 1,200 watts of cooking power,you'll have the power you need to prepare all System types of food.Sensor cooking tracks the progress of your food and automatically adjusts cooking time as neededto deliver optimal results.A recessed glass turntable also makes cooking with larger items,like cooking $169.99 bowls,easy so you can prepare caramel corn,party mix and soups in the microwave.Plus,you can create a custom took with the optional built-in trim kit which allows for easy installation in standard-sized cabinets over select 27"or 30"wall ovens. Features: • 1.6 cubic foot capacity • Model-WMC30516A5 • Stainless Steel • Glass Turntable-13 1/2" • Sensor Cooking • Add 30 Seconds • Control Lock • Quick Touch Popcorn Button • 1,200 Watt cooking power wattage Dimensions: • Depth:17-1/4" • Height:13" • Width:21 3/4" Model:WMC30516AS • Brand:Whirlpool • Carousel(Turntable):Yes • Clock/Timer:Yes • Color:Stainless Steel • Depth:17.25 in. • Height:13 in. • Material:Metal • Model:WMC30516AS • Programmable Cooking:Yes • Weight:35 lb. • Width:21.75 in. 2-Year FULL IN-HOME-SERVICE WARRANTY Covers parts&labor for 2 years from date of purchase.Please call Whirlpool at 1-866-698-2538 for Service M-F 8AM-10PM EST. Delivery The estimated delivery time will be approximately 7-10 business days from the time of order.Delivery agent will call to set up a delivery appointment. z Whirlpool 1.6CuFt Countertop Microwave 1,200 Watts of Power, Sensor Cooking, Glass ... Page 2 of 3 Extraordinary delivery requirements may necessitate an additional fee to the delivery agent.Island,mountain and remote location deliveries are subject to cancellation. Delivery is not available to Puerto Rico,Alaska,Hawaii,Montana or Wyoming. Order Processing and Delivery Once order has been placed you will receive an email: Order Confirmation:stating that Costco.com has received your order. Once the product has been assigned to fulfill your order you will receive a second email stating that the carrier will be contacting you to set up a delivery appointment.Please wait for this email before contacting Whirlpool or Costco.com. Delivery agent and Costco will make 2 attempts to contact you for delivery,which may occur before the stated delivery lead time above.If no response to these attempts is received,your order may be cancelled.Please provide a valid daytime phone number and email address at time of checkout.You must take delivery within 10 days of contact from the delivery agent pending available delivery appointments. Recipient must be home at time of delivery.Delivery is subject to reasonable access to the area without damaging the purchasers property or the product,or jeopardizing the safety of the delivery personnel. Deliveries will occur Monday through Friday and are typically scheduled with a 4-hour window on an agreed upon day. Costco.com products can be returned to any of our more than 600 Costco warehouses worldwide. Membership:We will refund your membership fee in full at any time if you are dissatisfied. Merchandise:We guarantee your satisfaction on every product we sell with a full refund.The following must be returned within 90 days of purchase for a refund:televisions,projectors,computers,cameras,camcorders, touch screen tablets,MP3 players and cellular phones. How to Return:For an immediate refund(including shipping and handling),simply return your purchase at any one of our Costco warehouses worldwide.If you are unable to return your order at one of our warehouses, please email customer service or call our customer service center at 1.800-955-2292 for assistance.To expedite the processing of your return,please reference your order number. If you request an item be picked up for return,the item must be packaged and available for pick up in the same manner as it was delivered. If your order was delivered"curb side",it will need to be available for curb side pick up. If the item arrived to you in a box,it will need to be in a box at the time of pick up. Summary of Customer Ratings 8 Reviews Overall Rating **71C (m (out of 1 review) Review this product Share this Product: II®Irk Product Reviews Rating: $CSL'71t Never Had a Chance to Use It Pros:would have matched my other whirlpool appliances.,great costco return Anonymous policy. Location:Michigan Cons:shipping damage. Date:October 7,2013 Model Number:WMC30516AS "I ordered this online as part of a large appliance purchase,and it was delivered to my house separately via brown truck. After setting it up in the kitchen,I opened the door and the whole unit wobbled,as the feet were not flat.I looked for adjust-ability and there was none.I tried 2 other areas of my(granite)counter and had the same issue. As I was waiting in line to return,I noticed a small crease along the top side as well. It appeared to have been damaged in shipping. I really have nothing negative about the unit itself,but not using it I cannot rate it over 3 stars." 0 of 2 people found this review helpful. Was this review helpful to you?Yes No(Report Inappropriate Review) Share this Review: El CD Hi ti Whirlpool 1.6CuFt Countertop Microwave 1,200 Watts of Power, Sensor Cooking, Glass ... Page 3 of 3 PARTICIPATING ADDENDUM [hereinafter"Addendum"] Amendment#1 For WSCA/NASPO PC Contracts 2009-2014 COMPUTER EQUIPMENT, PERIPHERALS,AND RELATED SERVICES MASTER?RICE AGREEMENT NUMBER B27160 Between Dell Marketing, L.P. [hereinafter"Contractor") and State of Florida [hereinafter"Participating Staten] (Participating State Contract No.250-WSCA-10-ACS) WHEREAS, The State of Florida (the °State") Department of Management Services (the "Department") is authorized by Section 287.042(16) Florida Statutes (F.S.), to evaluate contracts let by the Federal Government, another state, or a political subdivision and, when determined in writing to be cost-effective and in the best Interest of the State, to enter into agreements authorizing agencies (as defined by s. 287.012(1) F.S.) to make purchases under such contracts, and; WHEREAS, agencies and Eligible Users (as that phrase is defined in Rule 60A-1.005, F.A.C.) may purchase commodities and contractual services from contracts established by the Department, and; WHEREAS, the Department has evaluated the Western States Contracting Alliance Contract No. B27160: Computer Equipment, Peripherals, and Related Services, together with any amendments and exhibits thereto, (hereinafter the "Master Price Agreement"), and hereby acknowledges in writing that authorizing use of the Master Price Agreement and this Addendum is cost-effective and in the best interest of the State, and: WHEREAS, the parses, entered into this purchasing agreement on October 12, 2009, and; WHEREAS, pursuant to Section 25 of the Master Price Agreement, the parties, upon mutual agreement, may Amend the Contract in whole or in part, and; NOW THEREFORE, the Department enters this Amendment that replaces and supersedes the previous purchasing agreement for the purpose of authorizing and regulating the use of the Master Price Agreement by state agencies and other Eligible Users. A. Scope This Addendum covers the WSCA/NASPO PC Contracts 2009-2014 (Computer Equipment, Peripherals and Related Services) led by the State of Minnesota for use by state agencies and other entities located in the Participating State authorized by that state's statutes to utilize state contracts. B. Participation Use of specific WSCA/NASPO cooperative contract by state agencies, political subdivisions and other entities (including cooperatives) authorized by an individual state's statutes to use state contracts are subject to the 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. Page 2 of 9 C. Changes: 1. This Participating Addendum shall become effective on the last date signed below and shall have a term that is coterminous with the Master Price Agreement, unless terminated earlier pursuant to the Master Price Agreement, this Participating Addendum, or Florida law. In addition to the rights contained in the Master Price Agreement, the Department reserves the right to terminate this Participating Addendum, effective upon notice,for Contractor failure to comply with the provisions of this Participating Addendum, including, but not limited to, the MyFloridaMarketPlace Transaction Fee provisions of Paragraph CA., and the provisions of Section 287.058(1)(a)through(f), F.S. as required by Paragraph C.B. 2. Purpose and Strategy. The Department's intent is that the vendor will act with the State to furnish quality Computer Equipment, Peripherals and Related Services as outlined in the Master Price Agreement at the lowest price available in a timely and efficient manner for Eligible Users. The Department has developed a list of"Market Basket" products to include but not be limited to the categories of Standard Desktop Configurations, Standard Laptop Configurations, Monitor, Other Desktops, Other Laptops, Ruggedized and Semi- Rugged, Tablets and Ultra Mobile, Warranty, Services, Desktop and Laptop Peripherals, Processors, Memory, Storage, and Other. For items in these categories the Department will obtain "firm pricing" for each item that the vendor offers on the Master Price Agreement. On a periodic basis, not to exceed six months, a request may be issued to the vendor to provide updated firm pricing for the "Market Basket" products. These requests will contain spreadsheets that may contain updated Standard Configurations for Desktops and Laptops, and new products and/or new product categories to adjust to technology changes and emerging needs. The purpose of these updated price requests is for the Department to corrtinue to obtain the most favorable pricing offered by the vendor while also maintaining a flexible "Market Basket" of products. The Department may accept the submissions by the vendor or request negotiation sessions to discuss the submissions further. The requests may also include tiered discounts for quantity and bulk purchases. All pricing submitted by the Contractor and accepted by the Department shall be in effect for the duration of the pricing cycle. State Agency Purchase of Standard !Desktops and Laptops. Florida's Agency for Enterprise Information Technology (AEIT) developed the initial standard configurations/specifications for desktops, laptops, and monitors. State Agencies shall be required to purchase these items from the vendor that provides the lowest pricing for the Standard Desktops, Laptops, and Monitors during the specific pricing cycle. 3. Purchasing Requirornants. In order to procure products or services hereunder, Eligible Users shall k ue purchase orders referencing "Alternate Contract Source No. 250-WSCA-12-ACS (WSCA No. B27160 — Dell Marketing, LP)". Eligible Users are responsible for reviewing the terms and conditions of this Participating Addendum and the Master Price Agreement. Eligible Users must follow their applicable statutes, laws, rules, ordinances, codes, policies, and procedures in the purchase of goods or services under this Participating Addendum. Unless otherwise provided by Florida law, statute, rule, or this Participating Addendum, the Department will not implement any additional restrictions on any Eligible User to purchase off of this Participating Addendum. Neither the Department nor the Western States Contracting Alliance is a party to any purchase order authorized by or issued under this Participating Addendum. 4. MyFloridaMar!ezPlacL, itegistratton and Transaction Fee. In order to complete any transaction between the Eligible User and the Contractor, the Contractor must be Page 3 of 9 registered In MyFloridaMarketPlace. Rule 60A-1.031, F.A.C., is hereby incorporated by reference. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(22), F.S., ail payments shall be assessed a Transaction Fee of one percent (1.0%), which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall,when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection BOA- 1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s)if such item(s)are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the vendor in default. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING FUTURE BUSINESS WITH THE STATE. 5. Contract Reporting Requirements. The Contractor shall be responsible to submit a Monthly Transaction Fee Report, Quarterly Sales Reports, and an Annual Product Replacement Cycle Matrix will be provided under a Non-Disclosure Agreement ("NDA") during the quarterly business review. These reports will be submitted as follows: Monthly Transaction Fee Report. The Contractor is required to submit monthly Transaction Fee Reports in electronic format. For information on how to submit Transaction Fee Reports online, please reference the detailed fee reporting instructions and Vendor training presentations available online at the Transaction Fee Reporting and Vendor Training subsections under Vendors on the MyFloridaMarketPlace website (located at htte://dms.mvflorida.com/mfmp). Assistance is also available with the Transaction Fee Reporting System from the MyFloridaMarketPlace Customer Service Desk at feeorocessinoram2rfloridamarketolace.corn or 866-FLA-EPRO (866-352-3776) between the hours of 8:00 AM to 5:30 PM Eastern Time. Quarterly Sales Report. The following data must be reported electronically to the Department on a quarterly basis using a Contract Sales Summary form supplied to the contractor by the Department's Primary Contact shown h Paragraph F below. The electronic report shall include: • Contractor's Company Name, • Contractor's Company Address, • Reporting Period, • Contractor's Go.oipany Contact Person with email address and phone number • Excel report itemizing each purchase for the period that includes columns for the following information: Part Number/SKU, Item Description/Service Name, Item Category, Item Family, Product Description, Customer Name, Commodity Code (if available), Unit of Measure, Unit of Measure Description, Volume/Quantity, Order Date, Date Delivered, List Price, Contract Price, and Additional Fields (if needed)_ Page 4 of 9 The reporting periods coincide with the State of Florida's fiscal year which is July 151 through June 30"of each year. The quarters are divided as follows: • 1 8c Quarter—July 1 st through September 30th • 2"d Quarter—October 1st through December 31st • 3'd Quarter—January 1dt through March 31st • 4th Quarter—April V through June 30th Failure to provide quarterly reports, including no sales, within thirty (30) calendar days following the end of each quarter, or annual EXCELTM line item reports within thirty (30) calendar days, may result in the default proceeding and/or termination of this contract. Initiation and submission of the Contract Sales Summaries are to be the responsibility of the Contractor, and supplied without prompting or notification by the Primary Contact. The Contractor will submit the completed Contract Sales Summary forms by email to the Primary Contact as stipulated. The Primary Contact shall distribute at the time of contract formation, in electronic format,the Contract Sales Summary form to be used by the Contractor. The Contractor shall report to the Department the amount of spend with certified and other minority business enterprises. Reports must include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period, commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this contract. 6. The provisions of Section 287.058(1)(a), (c), and (f), F.S. are hereby incorporated by reference. If the transaction involves contractual services, the provisions of Section 287.058(1)(b),(d), and(e), F.S. are also incorporated by reference. 7. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. The Contractor shall comply with Sections 11.062, F.S. and 216.347, F.S., prohibiting use of funds to lobby the Legislature, Judiciary, or state agencies_ 8. The Contractor shall 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. By way of non- exhaustive example, the Contractor shall comply with Section 247 of the Immigration and Nationality Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of !ace, religion., sex, creed, national origin, disability, marital status, or veteran's status. 9. Payment shall be made in accordance with Section 215.422, F.S. Interest penalties for late payment ere available subject to the provisions in Section 215.422, F.S. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s)from a state agency may be contacted at 850-458-2924 or by calling the State Comptroller's Hotline, 1-800-848- 3792. 10.The exclusive venue o any legal or equitable action that arises out of or relates to this Participating Addendum shall be the appropriate State court in Leon County, Florida; in any such action Florida law shall apply and both parties waive any rights to a jury trial that either party may have. 11.The Department, at its sole discretion, may unilaterally amend the Primary Contact name and their contact info_-mation in Paragraph F of this Participating Addendum during the term of this Participating Addendum, Any amendment shall be contained in a separate document affixed to this Participating Addendum. Page 5of9 12. If an additional ordinance, rule, or other local governmental authority requires additional contract language before an Eligible User can make a purchase from this Participating Addendum, in lieu of this Participating Addendum the Eligible User is responsible for signing a separate Participating Addendum with the Contractor. 13. Intellectual Property: Intellectual Property: The parties do not anticipate that any Intellectual Property("IP")will be developed as a result of this Participating Addendum. It is understood that the State shall own all right, title and interest to the Deliverables and Dell agrees to grant to the State a perpetual, non-exclusive, non-transferable, royalty-free license to use Dell's Background IP (defined below), Utilities, and Residual IP solely for the State to use the Deliverables, subject to the following: • Dell has received full payment for the Deliverables and applicable Services, • Each party will retain all Intellectual Property Rights that it owned or controlled prior to the effective date of this Agreement or that it develops or acquires from activities independent of the Services performed under this Agreement("Background 1P"), • Dell will retain all right, title and interest in and to all Intellectual Property Rights in or related to the Services, or tangible components thereof, including but not limited to (a) all know-how, intellectual property, methodologies, processes, technologies, algorithms, software or development tools used in performing the Services (collectively, the "Utilities"), and (b) such ideas, concepts, know-how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms, templates or output which are developed, created or otherwise used gay or on behalf of Dell in the course of performing the Services or creating the Deliverables, other than portions that specifically incorporate proprietary or Confidential Information or data of the State (collectively, the"Residual IP"), even if embedded in the Deliverable, and The State use of software, online services, or software-enabled services in connection with the Services is.pursuant to the terms of the Dell Services Acceptable Use Policy, which is available for review at www.dell.com/aup. This provision will survive the tat mination or expiration of the contract. 14. Price Guarantees: Section 13 (Price Guarantees) of the Master Price Agreement shall apply to this Participating Addendum. 15. Termination for Convenience: The State may terminate the Contract in whole or in part, by providing thiv-ty (36) days written notice to the Contractor, when the State determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not Le entitled to recover any cancellation charges or lost profits. 16. Employment Eligibility Verification: Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11-116, Cor.',ractor is required to utilize the U.S. Department of Homeland Security's F-Verify system to verify the employment of all new employees hired by the Cant chr during the contract term. Also, Contractor shall include in related subcontracts e requirement that subcontractors performing work or providing services pursuant to the state contract utilize the E-Verify system to verify employment of all new employees:sired by the subcontractor during the contract term. Page 6 of 9 17. Electronic invoicing. The Contractor shall supply electronic invoices in lieu of paper- based invoices for those transactions processed through the MFMP. Contractor agrees, upon DMS' request, to establish electronic invoicing within ninety (90) days of written request. Electronic invoices shall be submitted to the agency through the Ariba Supplier Network (ASN) in one of three mechanisms as listed below. Suppliers can select the method that best meets their capabilities from the following list: • cXML(commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment.This transaction set can be used for invoicing via the ASN for catalog and non-catalog goods and services. The cXML format is the Ariba preferred method for einvoicing. EDI (Electronic Data Ittte:cheng;e) This standard establishes the data contents of the Invoice Transaction Set(810)for use within the context of an Electronic Data Interchange (EDI)environment.This transaction set can be used for invoicing via the ASN for catalog and non-catalog goods and services. g PC "lip via ASNI The online process allows suppliers to submit invoices via the ASN for catalog and non-catalog goods arid services. Suppliers have the ability to create an invoice directly from their lnbox in their ASN account by simply "flipping"the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a State Contractor,the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warraets and represents that it is authorized and empowered to and hereby grants the State and tha third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos,trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. 18. Scrutinized Com'anias Lists. In executing this agreement, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in tee Iran Petroleum Energy Sector List, created pursuant tc section; 215.473, Florida Statutes. Pursuant to section 287.135(5), F.S., Contractor agrees the Department may immediately terminate this 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 or the Scrutinized Companies witty Activities in the Lan Petroleum Energy Sector List during the term of the contract. 19. Punch-out Catalog Request The Contractor hereby agrees to cooperate with the Department and MyFloridaMarketPlace(and any authorized agent or successor entity to MyFloridaMarketPlace)in the event the Department selects this statewide contract to be exhibited on the MyFloridaMarketPlace. At a minimum,the Contractor agrees to the following: a. Contractor agrees, L'pon the ?epar Bent's request, to deliver a punch-out catalog with:n rieety(9C)days of the date that the Participating Addendum is signed by the Department "...he punehor't:catalog content must be limited to the Contractor's ete cwide contract offering. Punch-out Catalog. By providing a punch-out catalog, Contractor is providing its own online catalog, which must be capable of communication between the Page 7 of 9 MyFloridaMarketPlace eProcurement System (MFMP) and a supplier's ERP system via Commerce eXtensible Markup Language(cXML). In this scenario, the Contractor ensures its online catalog marketplace is up-to-date by periodically updating the offered products/services and pricing listed on its online catalog. b. In addition to the Contractor's punchout catalog in MFMP,the Contractor shall provide a specific online ordering portal and product catalog (referred to as the online catalog)to the State of Florida containing only State of Florida items and prices.The contractor will,within ninety(9Q)days of contract award, make available the online catalog that contains only items that are in the scope of the awarded contract. For each item, the following information shall be provided at a minimum: item description, manufacturer name, manufacturer part number, unit of measure, list price and contract price, and item image. G. The Contractor agrees to meet the following requirements: • Catalog must contair the most current pricing, including all applicable administrative fees and or discounts, as well as the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the statewide contract; and • The accuracy of the catalog must be maintained by Contractor throughout the duration of the statewide contract; and • The catalog must include a State-specific contract identification number, and ▪ The catalog must include detailed product line item descriptions; and • The catalog must include p;ctures when possible; and 4 The catalog must in6ude any additional content required by the F3epartment. d. Contractor agrees that the Department controls which statewide contracts appear MFMP and that the Department may elect at any time to remove any Contractor's effsring from MFMP. e. Contractor must be able to accept Purchase Orders via fax, e-mail, cXML or EDI INT AS 12. D. Lease Agreements Agencies may lease equipment through alternative financing arrangements other than CEFP. This option is governed by§2 .7.063 and 287.064, Florida States; Rule 691-3, Florida Administrative Code; and Comptroller Memorandums 10(1992-93), 13(1985-88), 04(1995-96), and 07(1995-96).The Doparttrnent of Financial Services(DFS)Finance and Leasing Section will review proposed leases to uetermirie compliance with all requirements and to ensure leases are economical and cost effective. The Contractor and Customer(working together)will be required to complete and submit to DFS the'Checklist for Requesting Department of Financial Services Approval to Lease Equipment"for any lease valued at$25,000 or more.A copy of the form may be found on the DFS webaite under the heading of°Equipment Leases": http://www.mvfloridacfo.corn/aadirlstatewide financial reporting/ Each piece of equipment or se:-vice offered on th;s WSCA Participating Addendum shall be available for lease. The ca.:stcrner is authorized to enter into a lease agreement for equipment by issuance of a purchase order ref'-cnci_ig this contract number and that incorporates the manufacturer's lease terms and conc"itions as approved by DFS. Page 8 of 9 E. Primary Contacts The primary contact individuals 'for this Addendum are as follows (or their named successors): MASTER AGREEMENT COMTACTS: Lead State Name: Sue Kahle Address: 50 Sherbume Ave., 112 Admin Bldg, St Paul, MN 55155 Telephone: (651)201-2434 Fax (651)297-3996 E-mail: susan.kahleastata.mn.us Contractor State Contract Manager Name: Ashleigh Lane Address: One Dell Way, RRB-07, Round Rock,TX 78682 Telephone: (512)723-1033 Fax: (512)283 9092 E-mail: Ashleigh Lane@Deli.com Contractor WSCA Program Manager Name: Stephanie G. Miller Address: One Dail Way, RR8- 07, Round Rock, TX 78582 Telephone: (512)723-4355 Fax: (512)283-9092 E-mail: stephanie q miller@dell.com Participating State Name: Joel Atkinson Address: 4050 Esplanade Way,Tallahassee, FL 32399 Telephone: 850-487-4196 Fax: 850-414-6122 E-mail: Joel_Atkinsonadms.mvflorida.corn F. Servicing Subco tr ctors: Dell may engage third party service providers to perform various services and has several authorized Dell Service Providers(DSPs). DSPs will not accept orders or payments. Del!wishes to identify r` :: ,: . Ta=;r ;0'1143.CA Agent")to market Dell's Products and Services, as identified on Dell's Products & Services Schedule ("PST), on behalf of Dell. The Participating Entity may utilize WSCA Agents pursuant to the Dell defined WSCA Agent program as defined in a separate written Agreement between Dell and WSCA Agent. WSCA Agents authorized within the State wilt have their names identified on the State's respective www.Dell.cominaspowsca Dell state store page. Placement of Orders and shipment of Order directly from Dell will remain unchanged in the PA. Al orders and payments arc to be issued directly to: Dell Marketing L.P. All purchase orders issued by purchasing entities with the jurisdiction of this Addendum must include the Participatig State contract number: 250-WSCA-12-ACS; and the Master Price Agreement l !.rmxber E2716C. G. Compliance with repaffing requirements of the "American Recovery and Reinvestment Act of Mg" ("ARRA"): If Dell is notified by ordering entity that a specific purchase order is being made with ARRA funds, Dell agrees to assist the ordering entity with their requirement to comply with the data element aid reporting as currently defined in Federal Page 9 of 9 Register Vol 74 #61, Pages 14824-14829 (or subsequent changes or modifications to these requirements as published by the Federal OMB). Ordering entity is responsible for informing Dell at the time of purchase order placement that ARRA funds are being used. Dell will include the tracking data, if provided by ordering entity, as an element within the utilization report, as per Article 44 of the MPA. Dell, as it relates to purchases under this contract, is not a subcontractor or subgrantee, but simply a provider of goods and related services. H. Services: The terms of the Agreement shall apply each time Customer engages Dell to provide services. All services provided will be described in one or more of the following: (i) "Service Descriptions"used to describe any services purchased by an entity; (ii)any mutually agreed upon"Statement of Work" ("SOW")executed by the parties; or (iii) any"Technical Specification Form'approved by the parties Evaluation EquFxr.3nt: Deft, by mutual agreement with the Participating Entity,wishes to allow the use of equipment for the purposes of evaluation prior to purchase. Purchases of the equipment shall comply with the terms of the Master Purchase Agreement and participating addendum. This Addendum and the Master Price Agreement together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Master Price Agreement, together with its exhibits, shall not be added to or incorpo.-ated into this Addendum or the Master Price Agreement and its exhibits, by any subsequeni. purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Master Priue Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or addition&l terms. This Addendum applies only in the jurisdiction of the Participating State or Participating Entity which has executed this Addendum. IN WITNESS WHEREOF,the parties have executed this Amendment to the Addendum,which is effective as of the date of the last signature below. State of Florida Contactor: Dell Marketing, L.P. Department Manager r. t S,erViZ2s / _x54.1-62 �.. Kelly Loll, Cd:M. SInature Chief Procurement Officer ad Director of State Purchasing ..Ashleigh Lane 1/1i 37f 2 Name Date • f r Contract Manager Title 04/10/2012 Date Approved as to form an;!IeLaelty Oiceithe General Corms l '' Date l WESTERN STATES CONTRACTING ALLIANCE MASTER PRICE AGREEMENT for COMPUTER EQUIPMENT, PERIPHERALS, AND RELATED SERVICES Number B27160 This Agreement is made and entered into by Deli Marketing L.P., One Dell Way, Mailstop 8708, Round Rock, TX 78682 ("Contractor") and the State of Minnesota, Department of Administration ("State") on behalf of the State of Minnesota, participating members of the National Association of State Procurement officials (NASPO), members of the Western States Contracting Alliance (WSCA) and other authorized Purchasing Entities. RECITALS WHEREAS, the State has the need to purchase and the Contractor desire to sell; and, WHEREAS, the State has the authority to offer contracts to CPV members of the State of Minnesota and to other states. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: INTENT AND PURPOSE The intent and purpose of this Agreement is to establish a contractual relationship with equipment manufacturers to provide, warrant, and offer maintenance services on ALL products proposed in their response to the RFP issued by the State of Minnesota. Delivery, support, warranty, and maintenance may be provided by the Contractor using subcontractors. The Contractor agrees to take responsibility for the warranty and maintenance of all products furnished under this Agreement. The Contractor is responsible for the timeliness and quality of all services provided by individual subcontractors. Subcontractor participation will be governed by individual Participating Entities, who have the sole discretion to determine if they will accept services from a subcontractor. Individual Purchasing Entities may enter in to lease agreements for the products covered in this Master Price Agreement, if they have the legal authority to enter into these types of agreements without going through a competitive process. The Contractor submitted copies of its lease agreements with its response to the RFP. The lease agreements were not reviewed Published: February 9, 2004 REQUEST FOR PROPOSAL Page 1 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials or evaluated as part of the RFP evaluation process. The agreement is located in Exhibit D, Leasing. The Agreement is NOT for the purchase of major, large hardware or hardware and software offerings. In general, individual units/configurations for servers and storage (SANs, etc.) should not exceed $300,000 each. Desktop per unit/configuration costs should not exceed $100,000. Printers of all types and monitors per unit/configuration costs should not exceed $50,000 each. It is the expressed intent of some of the Participating States to set this level at not to exceed $25,000 each, or $50,000. Contractors must be willing to comply with these restrictions by agreeing to supply products in those price ranges only. This IS NOT a restriction on how many units/configurations can be purchased, but on the value of each individual unit/configuration. Individual Participating States and Participating Entities may set specific limits in a participating addendum above these limits, with the prior approval of the WSCA Directors; or may set specific limits in a participating addendum below these limits. Contractors may offer, but participating states and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the Agreement. 1. Definitions "Announced Promotional Price" are prices offered nationally to specific categories of customers (Consumer, Business or government) for defined time periods under predefined terms and conditions. "Consumables" those items that are required for the operation of the Equipment offered or supplied which are consumed over time with the purchaser's use of the equipment are included — printer cartridges, batteries, projector bulbs, etc. Consumables such as magnetic media, paper and generally available office supplies are excluded. "Configuration" in most instances in this document means a total system configuration. This may include more than one model or part number (or SKU), or a combination of hardware, software, and configuring of the system to make the system work. "Contract" means a binding agreement for the procurement of items of tangible personal property or services. Contract and Master Price Agreement are used interchangeably in this document. "Contractor" means the successful Responder who enters into a binding Master Price Agreement. The Contractor is responsible for all sales, support, warranty, and maintenance services for the products included in this Agreement. The Contractor must manufacture or take direct, non-assignable, legal responsibility for the manufacture of the equipment and warranty thereof. For the purposes of this Contract, the term Contractor and Contract Vendor are synonymous. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 2 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "CPV Member" is any governmental unit having independent policy making and appropriating authority, that is a member of Minnesota's Cooperative Purchasing Venture (CPV) program. "CPV Program." The Cooperative Purchasing Venture (CPV) program, as established by Minn. Stat. § 16C.03, subd. 10, authorizes the commissioner of Administration to "enter into a cooperative purchasing agreement for the provision of goods, services, and utilities with [governmental entities] ..., as described in section 471.59, subdivision 1." Based on this authority, the commissioner of Administration, through the Materials Management Division (MMD), enters into a joint powers agreement that designates MMO as the authorized purchasing agent for the governmental entity. It is not legal for governmental entities that are not members of the CPV program to purchase from a State contract. Vendors are free to respond to other solicitations with the same prices they offer under a contract, but that is not considered use of the "State contract price." "Cumulative Volume Discount" means a contractual, cumulative, permanent volume- discount based on dollars resulting from the cumulative purchases by all governmental purchasers for the duration of the Master Price Agreement. "Documentation" refers to manuals, handbooks, and other publications listed in the PSS, or supplied with products listed in the PSS, or supplied in connection with services. Documentation may be provided on magnetic media or may be downloaded from the Contractor's web site. "E-Rate" is a program sponsored by the Federal Communications Commission whereby educational and other qualifying institutions may purchase authorized technology at reduced prices. "Educational Discount Price" means the price offered in a nationally announced promotion, which is limited to educational customers only. "Equipment" " means workstations, desktop, laptop (includes Tablet PC's), handheld (PDA) devices, projectors, servers, printers, monitors, computing hardware, including upgrade components such as memory, storage drives, and spare parts. AUDIO VISUAL PRODUCTS (digital cameras, televisions, whiteboards, etc.) are NOT included in this RFP or subsequent contracts. The exception to this definition is whiteboards, which can be sold as part of the Instructional Bundles, but not as a stand-alone item. "FCC" means the Federal Communications Commission or successor federal agency. In the event of deregulation, this term applies to one or more state regulatory agencies or other governing bodies charged to perform the same, or similar, role. "General Price Reduction Price" means the Contractor retail price reduction offered to consumer, business or governmental purchasers. General Price reduction prices will be reflected in the PSS as soon as practical. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 3 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials • "Lead State" means the State conducting this cooperative solicitation and centrally administering any resulting Master Price Agreement(s). For this Master Price Agreement, the Lead State is Minnesota. "Mandatory" The terms "must" and "shall" identify a mandatory item or factor. "Manufacturer" means a company that, as its primary business function, designs, assembles, owns the trademark/patent and markets computer equipment including workstations, desktop computers, laptop (includes Tablet PC's) computers, handheld (PDA) devices, servers, printers, and storage solutions/auxiliary storage devices. The manufacturer must provide direct un-infringed unlimited USA OEM warranties on the products. The manufacturer's name(s) shall appear on the computer equipment. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Master Price Agreement" means the contract that MMD will approve that contains the foundation terms and conditions for the acquisition of the Contractor's products and/or services by Purchasing Entities. The "Master Price Agreement" is a permissive price agreement. In order for a Purchase Entity to participate in a Master Price Agreement, the appropriate state procurement official or other designated procurement official must be a Participating State or Participating Entity. "Materials Management Division" or "MMD" means the procurement official for the State of Minnesota or a designated-representative. "NASPO" means the National Association of State Procurement Officials "Participating Addendum" or "Participating Addenda" means a bilateral agreement executed by the Contractor and a Participating State or political subdivision of a State that clarifies the operation of the price agreement for the State or political subdivision concerned, e.g. ordering procedures specific to a State or political subdivision and other specific language or other requirements. Terms and conditions contained in a Participating Addendum shall take precedence over the corresponding terms in the master price agreement. Additional terms and conditions, including but not limited to payment terms, may be added via the Participating Addendum. However, a Participating Addendum may not alter the scope of this Agreement or any other Participating Addendum. Unless otherwise specified, the Participating Addendum shall renew consecutively with the Master Price Agreement. One digitally formatted, executed copy of the Participating Addendum must be submitted to the WSCA/NASPO Contract Administrator PRIOR to any orders being processed. "Participating State" or "Participating Entity" means a member of NASPO (Participating State) or a political subdivision of a NASPO member (Participating Entity) who has indicated its intent to participate by signing an Intent to Participate, where required, or another state or political subdivision of another state authorized by the WSCA Directors to be a party to the resulting Master Price Agreement. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 4 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "PDA" means a Personal Digital Assistant and refers to a wide variety of handheld and palm-size PCs, and electronic organizers. PDA's usually can store phone numbers, appointments, and to-do lists. PDA's can have a small keyboard, and/or have only a special pen that is used for input and output. The PDA can also have a wireless fax modem. Files can be created on a PDA which is later entered into a larger computer. NOTE: For this procurement, all Tablet PC's are NOT considered PDA's. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Peripherals" means any product that can be attached to, added within, or networked with personal computers or servers, including but not limited to storage, printers (including multifunction network printers), scanners, monitors, keyboards, projectors, uninterruptible power supplies and accessories. Software, as defined in the RFP, is not considered a peripheral. Adaptive/Assistive technology devices are included as well as configurations for education. Peripherals may be manufactured by a third party, however, Contractor shall not offer any peripherals manufactured by another contractor holding a Master Price Agreement without the prior approval of the WSCA/NASPO Contract Administrator. AUDIO VISUAL PRODUCTS (digital cameras, televisions. whiteboards, etc.) are NOT included in the contract. The exception to this definition is whiteboards, which can be sold as part of the Instructional Bundles, but not as a stand-alone item. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Permissive Price Agreement" means that placement of orders through the Price Agreement is discretionary with Purchasing Entities. They may satisfy their requirements through the Price Agreement without using statutory or regulatory procedures (e.g., invitations for bids) to solicit competitive bids or proposals. Purchasing Entities may, however, satisfy requirements without using the Price Agreement as long as applicable procurement statutes and rules are followed. "Per Transaction Multiple Unit Discount" means a contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Purchasing Entity or multiple entities conducting a cooperative purchase. "Political Subdivision" means local pubic governmental subdivisions of a state, as defined by that state's statutes, including instrumentalities and institutions thereof. Political subdivisions include cities, counties, courts, public schools and institutions of higher education. "Price Agreement/Master Price Agreement" means an indefinite quantity contract that requires the Contractor to furnish products or services to a Purchasing Entity that issues a valid Purchase Order. "Procurement Manager" means the person or designee authorized by MMD to manage the relationships with WSCA, NASPO, and Participating States/Participating Published: February 9, 2004 REQUEST FOR PROPOSAL Page 5 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Entities. "Product(s)" means personal computer equipment, peripherals, LAN hardware, pre- loaded Software, and Network Storage devices, but not unrelated services. The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Products and Services Schedule Prices" or "PSS" refers to a complete list, grouped by major product and/or service categories, of the Products and services provided by the contractor that consists of an item number, item description and the Purchasing Entity's price for each Product or Service. All such Products and services shall be approved by the WSCA/NASPO Contract Administrator prior to being listed on a Contractor-supplied web site accessed via a URL. The Contractor(s) shall provide the warranty service and maintenance for all equipment listed on the PSS on a Master Price Agreement as well as a Takeback Program. "Purchase Order" means an electronic or paper document issued by the Purchasing Entity that directs the Contractor to deliver Products or Services pursuant to a Price Agreement. "Purchasing Entity" means a Participating State or another legal entity, such as a political subdivision, properly authorized by a Participating State to enter into a contract for the purchase of goods described in this solicitation. Unless otherwise limited by statute, in this solicitation or in a Participating Addendum, political subdivisions of Participating States are Purchasing Entities and authorized to purchase the goods and/or services described in this solicitation. "Refurbished Products" are products that may have been powered on or used by another customer that have been fully retested, defective parts replaced, and repackaged to meet original factory specifications. "Services" are broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Price Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de-installation, factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre-implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. General consulting and all forms of application development and programming services are excluded. "Servicing Subcontractor/Subcontractor/Reseller Agent" means a Contractor authorized and state-approved subcontractor who may provide local marketing support or other authorized services on behalf of the Contractor in accordance with the terms and conditions of the Contractor's Master Price Agreement. A wholly owned subsidiary or other company providing warranty or other technical support services qualifies as a Servicing Subcontractor. Local business partners may qualify as Servicing Subcontractors. Servicing Subcontractors may not directly accept Purchase Published: February 9, 2004 REQUEST FOR PROPOSAL Page 6 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Orders or payments for Products or Services from Purchasing Entities, unless otherwise provided for in a Participating Addendum. Servicing Subcontractors shall be named individually or by class in the Participating Addendum. The Contractor(s) actually holding the Master Price Agreement shall be responsible for Servicing Subcontractor's providing products and services, as well as warranty service and maintenance for equipment the subcontractor has provided on a Master Price Agreement as well as the Takeback Program. "Standard Configurations" or "Premium Savings Configurations (Packages)" means deeply discounted standard configurations that are available to Purchasing Entities using the Master Price Agreement only. Any entity, at any time, that commits to purchasing the Premium Savings Configurations shall receive the same price from the contract awardees. This specification includes a commitment to maintain and upgrade (keep pace with the advance of technology) the standard configurations for a stated period of time or intervals. "State Procurement Official" means the director of the-central purchasing authority of a state. "Storage Solution/Auxiliary Storage" means the technology and equipment used for storage of large amounts of data or information. This includes technologies such as: Network Attached Storage (NAS) and Storage Area Networks (SAN). The Contractor(s) shall provide the warranty service and maintenance for equipment on a Master Price Agreement as well as a Takeback Program. "Takeback Program" means the Contractor's process for accepting the return of the equipment or other products at the end of life—as determined by the State utilizing the Master Price Agreement. "Trade In" refers to the exchange of used Equipment for new Equipment at a price reduced by the value of the used Equipment. "Travel" means expenses incurred by authorized personnel directly related to the performance of a Service. All such expenses shall be documented in a firm quotation for the Purchasing Entity prior to the issuance and acceptance of a Purchase Order. Travel expenses will be reimbursed in accordance with the purchasing entities allowances, if any, as outlined in the PA. "Universal Resource Locator" or "URL" means a standardized addressing scheme for accessing hypertext documents and other services using the WWW browser. "WSCA" means the Western States Contracting Alliance, a cooperative group contracting consortium for state procurement officials, representing departments, institutions, agencies, and political subdivisions (i.e., colleges, school districts, counties, cities, etc.) for the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 7 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials "WSCA/NASPO Contract Administrator" means the person or designee authorized by MMD to manage all actions related to the Master Price Agreements on behalf of the State of Minnesota, the participating NASPO and WSCA members, and other authorized purchasers. 2. Scope of Work The Contractor, or its approved subcontractor, shall deliver computing system Products and services to Purchasing Entities in accordance with the terms of this agreement. This Agreement is a "Master Price Agreement". Accordingly, the Contractor shall provide Products or Services only upon the issuance and acceptance by Contractor of valid "Purchase Orders". Purchase Orders may be issued to purchase the license for software or to purchase products listed on the Contractor's PSS. A Purchasing Entity may purchase any quantity of Product or Service listed in the Contractor's PSS at the prices in accordance the Paragraph 13, Price Guarantees. Subcontractor participation is governed by the individual Participating State procurement official. The Contractor is required to provide and/or agree -to take responsibility for the manufacturer's warranty and maintenance of all proposed equipment, including peripherals. Taking responsibility means the Contractor will provide fulfillment of manufacturer's warranty and maintenance and will provide warranty and maintenance call numbers, ensure manufacturer accepts, processes and responds to those calls, and Contractor shall take responsibility to fulfill warranty as purchased with product. The Contractor shall offer a Takeback Program for all products covered by this Agreement. 3. Title Passage The Contractor must pass unencumbered title to any and all products purchased under this Contract upon receipt of product by the State. This obligation on the part of the Contractor to transfer all ownership rights does not apply to proprietary materials owned or licensed by the Contractor or its subsidiaries, subcontractors or licensor, or to unmodified commercial software that is available to the State on the open market. Ownership rights to such materials shall not be affected in any manner by this Agreement 4. Permissive Price Agreement and Quantity Guarantee This Agreement is not an exclusive agreement. Purchasing Entities may obtain computing system Products and services from other sources during the agreement term. The State of Minnesota, NASPO and WSCA make no express or implied warranties whatsoever that any particular number of Purchase Orders will be issued or that any particular quantity or dollar amount of Products or Services will be procured. 5. Order of Precedence Each Purchase Order that is accepted, by the Contractor shall become a part of the Agreement as to the Products and services listed on the Purchase Order only; no additional terms or conditions will be added to this Agreement as the result of acceptance of a Purchase Order. The Contractor agrees to accept all valid Purchase Orders. In the event of any conflict among these documents, the following order of precedence shall apply: Published: February 9, 2004 REQUEST FOR PROPOSAL Page 8 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials A. Executed Participating Addendum(s); B. Terms and conditions of this Agreement; C. Exhibits and amendments to this Agreement; D. The list of products and services contained in the purchase order; E. The request for proposals document; and F. Contractor's proposal including best and final offer. 6. Payment Provisions All payments under this Agreement are subject to the following provisions: A. Acceptance A Purchasing Entity shall determine whether all Products and services delivered meet the Contractor's published specifications. No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the Contractor within fifteen (15) calendar days of non-acceptance of a product or service; otherwise the Products or Services shall be deemed accepted B. Payment of Invoice Payments shall be submitted to the Contractor at the address shown on the invoice, as long as the Contractor has exercised due diligence in notifying the State of Minnesota and/or the Purchasing Entity of any changes to that address. Payment shall be made within 30 days following receipt of an invoice. The ordering entity is not required to pay the Contractor for any goods and/or services provided without a written purchase order or other approved ordering document from the appropriate purchasing entity. In addition, all goods and/or services provided must meet all terms, conditions, and specifications of the Contract and other ordering document and be accepted as satisfactory by the ordering entity before payment will be issued. Payments may be made via a Purchasing Entity's "Purchasing Card" at the time of order placement only. In the event an order is shipped incomplete (partial), the Purchasing Entity shall pay for each shipment as invoiced by the Contractor unless the Purchasing Entity has clearly specified "No Partial Shipments" on each Purchase Order. C. Payment of Taxes Payment of taxes for any money received under this agreement shall be the Contractor's sole responsibility and shall be reported under the Contractor's federal and state tax identification numbers. If a Purchasing Entity is not exempt from sales, gross receipts, or local option taxes for the transaction, the Contractor shall be reimbursed by the Purchasing Entity to the extent of any tax liability assessed. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 9 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials The State of Minnesota State agencies are subject to paying Minnesota sales and use taxes. Taxes for State agencies will be paid directly to the Department of Revenue using Direct Pay Permit#1114. D. Invoices Invoices shall be submitted to the Purchasing Entity at the address shown on the Purchase Order. Invoices shall match the total amount for each configuration on the Purchase Order. 7. Agreement Term Pursuant to Minnesota law, the term of this Agreement shall be effective upon the date of final execution by the State of Minnesota, through August 31, 2012. The Agreement may be mutually renewed for two (2) additional one-year terms, or one additional two-year term, unless terminated pursuant to the terms of this Agreement. 8. Termination The following provisions are applicable in the event that the agreement is terminated. A. Termination for Convenience At any time, the State may terminate this agreement, in whole or in part, by giving the Contractor (30) days written notice; provided, however, neither the State nor a Purchasing Entity has the right to terminate a specific purchase order for convenience after it has been issued if the product is ultimately accepted. At any time, the Contractor may terminate this Agreement, in whole or in part, by giving the WSCA/NASPO Contract Administrator sixty (60) days written notice. Such termination shall not relieve the Contractor of warranty or other Service obligations incurred under the terms of this Agreement. In the event of a cancellation, the Contractor shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed and accepted. B. Termination for Cause Either party may terminate this Agreement for cause based upon material breach of this Agreement by the other party, provided that the non-breaching party shall give the breaching party written notice specifying the breach and shall afford the breaching party a reasonable opportunity to correct the breach. If within thirty (30) days after receipt of a written notice the breaching party has not corrected the breach or, in the case of a breach that cannot be corrected in thirty (30) days, begun and proceeded in good faith to correct the breach, the non-breaching party may declare the breaching party in default and terminate the Agreement effective immediately. The non-breaching party shall retain any and all other remedies available to it under the law. C. A Purchasing Entity's Rights In the event this Agreement expires or is terminated for any reason, a Purchasing Entity shall retain its rights in all Products and services accepted Published: February 9, 2004 REQUEST FOR PROPOSAL Page 10 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota,the Western State's Contracting Alliance and the National Association of State Procurement Officials prior to the effective termination date. D. The Contractor's Rights In the event this Agreement expires or is terminated for any reason, a Purchasing Entity shall pay the Contractor all amounts due for Products and services ordered and accepted prior to the effective termination date or ordered before the effective termination date and ultimately accepted. 9. Non-Appropriation The terms of this Agreement and any purchase order issued for multiple years under this Agreement is contingent upon sufficient appropriations being made by the Legislature or other appropriate governing entity. Notwithstanding any language to the contrary in this Agreement or in any purchase order or other document, a Purchasing Entity may terminate its obligations under this Agreement, if sufficient appropriations are not made by the governing entity at a level sufficient to allow for payment of the goods or services due for multiple year agreements, or if operations of the paying entity are being discontinued. The Purchasing Entity's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final and binding. A Purchasing Entity shall provide sixty (60) days notice, if possible, of its intent to terminate for reason cited above. Such termination shall relieve the Purchasing Entity, its officers and employees from any responsibility or liability for the payment of any further amounts under the relevant Purchase Order. 10. Shipment and Risk of Loss A. All deliveries shall be F.O.B. destination, prepaid and allowed, with all transportation and handling charges included in the price of the product and paid by the Contractor. Responsibility and liability for loss or damage shall remain with the Contractor as long as the Contractor designates the carrier, until delivery to the identified ship-to address, when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor's warranty obligations. B. Whenever a Purchasing Entity does not accept Products due to missing, damaged, defective, incorrect order and returns them to the Contractor, all related documentation furnished by the Contractor shall be returned also. Unless otherwise agreed upon by the Purchasing Entity, the Contractor is responsible for the return shipping cost of returned Products. The Contractor shall bear all risk of loss or damage with respect to returned Products due to missing, damaged, defective and incorrect order, except for loss or damage directly attributable to the negligence of the Purchasing Entity. C. Unless otherwise arranged between the Purchasing Entity and Contractor, all Products shall be shipped within 14 to 30 days after receipt of a purchase order, by a reliable and insured shipping company. 11. Warranties Published: February 9,2004 REQUEST FOR PROPOSAL Page 11 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials A. The Contractor agrees to warrant and assume responsibility for each Product that it licenses, or sells, to the Purchasing Entity under this Agreement. The Contractor agrees to take legal responsibility for the warranty and maintenance of all products furnished through this Agreement. Taking responsibility means the Contractor will provide fulfillment of manufacturer's warranty and maintenance and will provide warranty and maintenance call numbers, ensure manufacturer accepts, processes, and responds to those calls. The Contractor acknowledges that the Uniform Commercial Code applies to this Agreement. In general, the Contractor warrants that: 1. The Product conforms to the specific technical information about the Contractor's products which is published in the Contractor's product manuals or data sheets, or as listed on Contractor's website. 2. The product will meet mandatory specifications provided in writing to the Contractor prior to reliance by the Participating Entity on the Contractor's skill or judgment when it advised the Purchasing Entity about the Product's ability to meet those mandatory specifications. 3. The Product will be suitable for the ordinary purposes for which such Product is intended, 4. The Product has been properly designed and manufactured for its intended use, and 5. The Product is free of significant defects in material and workmanship, or unusual problems about which the Purchasing Entity has not been warned. 6. The warranty on all Products begins on the date of the title transfer as described in Article 10. 7. Exhibit A contains additional warranties in effect as of the date of this Agreement. The warranties will be limited in duration to the time period(s) provided in Exhibit A. The warranties will not apply to use of a Product other than as anticipated and intended by the Contractor, to a problem arising after changes or modifications to the Products or operating system by any party other than the Contractor (unless expressly authorized in writing by the Contractor), or the use of a Product in conjunction or combination with other products or software not authorized by the Contractor. The following is a list of the warranties attached as Exhibit A: a) ProSupport for IT b) ProSupport for End Users c) CompleteCare B. Contractor may modify the warranties described in Exhibit A from time to time with the prior notice of the WSCA/NASPO Contract Administrator. C. Warranty documents for Products manufactured by a third party shall be Published: February 9, 2004 REQUEST FOR PROPOSAL Page 12 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials delivered to the Purchasing Entity with the Products as provided by the Manufacturers. D. The basic warranty offered shall be three year, next business day, as stated in Appendix B of the RFP, for all products included in the Bands listed in Article 14 Products and Services Schedule. 12. Patent, Copyright, Trademark and Trade Secret Indemnification A. The Contractor shall defend, at its own expense, the State of Minnesota, Participating and Purchasing Entities and their agencies against any claim that any Contractor Branded Product or Contractor Branded Service provided under this Agreement infringes any patent, copyright or trademark in the United States or Puerto Rico, and shall pay all costs, damages and attorneys' fees that a court finally awards as a result of any such claim. In addition, if any third party obtains a judgment against a Purchasing Entity based upon the Contractor's trade secret infringement relating to any Contractor Branded Product or Contractor Branded Service provided under this Agreement, the Contractor agrees to reimburse the Lead State for all costs, attorneys' fees and the amount of the judgment. To qualify for such defense and/or payment, the Lead State or Participating or Purchasing Entity shall: 1. Give the Contractor prompt written notice of any claim; 2. Allow the Contractor to control the defense or settlement of the claim; and 3. Cooperate with the Contractor in a reasonable way to facilitate the defense or settlement of the claim. B. If any Products or Service becomes, or in the Contractor's opinion is likely to become the subject of a claim of infringement, the Contractor shall at its option and expense: 1. Provide a Purchasing Entity the right to continue using the Products or Services; 2. Replace or modify the Products or Services so that it becomes non- infringing; or 3. Accept the return of the Products or Service and refund an amount equal to the depreciated value of the returned Products or Service, less the unpaid portion of the purchase price and any other amounts, which are due to the contractor. The Contractor's obligation will be void as to any Products or Services modified by the Purchasing Entity to the extent such modification is the cause of the claim. C. The Contractor has no obligation for any claim of infringement arising from: 1. The Contractor's compliance with the Purchasing Entity's or by a third party on the Purchasing Entity's behalf designs, specifications, or instructions; Published: February 9, 2004 REQUEST FOR PROPOSAL Page 13 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials 2. The Contractor's use of technical information or technology provided by the Purchasing Entity; 3. Product modifications by the Purchasing Entity or a third party; 4. Product use prohibited by Specifications or related application notes; or 5. Product use with products that are not the Contractor branded. 6. Non-Contractor Branded Product offerings — with respect to any claim that Non-Contractor Branded product(s) infringes upon another person's or entity's patent, copyright, trade secret or other intellectual property rights in the United States. Contractor agrees to pass through to the appropriate Purchasing Entity any rights to indemnification protection for which Contractor currently or subsequently has an agreement in place with the potentially infringing equipment manufacturer/entity. 13. Price Guarantees The Purchasing Entities shall pay the lower of the prices contained in the PSS or an Announced Promotion Price, Educational Discount Price, General Price Reduction price, Trade-In price, Standard Configuration price or Per Transaction Multiple Unit Discount. Only General Price Reduction price decreases will apply to all subsequent Purchase Orders accepted by Contractor after the date of the issuance of the General Price Reduction prices. The initial base-line, Cumulative, and Per Transaction Multiple Unit Discounts shall be submitted by the Contractor in a format agreeable to both parties prior to signing the Agreement. Once a cumulative volume has been reached, the increased price discount will apply to all future orders, until the next level of cumulative volume is reached. • 14. Product and Service Schedule The Contractor agrees to maintain the IPSS in accordance with the following provisions: A. The PSS prices for Products and services will conform to the guaranteed prices discount levels on file with WSCAr'NASPO Contract Administrator for the following Products: Band 1 —Servers Band 2—Workstations Band 3— Printers Band 4—Storage Solutions Band 5—PDAs Band 6—Instructional Packages(Bundles) Band 7—Monitors Operating Systems Local Area Networks Published: February 9, 2004 REQUEST FOR PROPOSAL Page 14 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Digital Projectors B. The Contractor may change the price of any Product or Service at any time, based upon documented baseline price changes, but the guaranteed price discount levels shall remain unchanged during the agreed period unless or until prior approval is obtained from the WSCA/NASPO Contract Administrator. The Contractor agrees that the PSS on the State's administration website shall contain a single, uniform WSCA price for configurations and items. Failure to comply with this requirement will be grounds for further action to be taken against the Contractor. C. The Contractor may make model changes; add new Products, and Product upgrades or Services to the PSS in accordance with Item 15. Product Substitutions, below. The pricing for these changes shall incorporate, to the extent possible, comparable price discount levels approved by the WSCA/NASPO Contract Administrator for similar Products or Services. D. The Contractor agrees to delete obsolete and discontinued Products from the PSS on a timely basis. E. The Contractor shall maintain the PSS on a Contractor supplied Internet web site. 15. Product Substitutions A. Substitution of units/configurations MMD and the WSCA Directors acknowledge that individual units and configurations may stop being produced during the life of the resulting contracts. Substitution of different units and configurations will be permitted with the prior written approval of the WSCA/NASPO Contract Administrator. This substitution is at the sole discretion of the WSCA/NASPO Contract Administrator, subject only to review and approval of the WSCA/NASPO Contract Administrator. B. Addition of units/configurations MMD and the WSCA Directors acknowledge that with the evolution of technology, new, emerging units and configurations will develop. Addition of these new, emerging units may be permitted, with the prior approval of the WSCA/NASPO Contract Administrator and the WSCA Directors. The addition of new, emerging units and configurations is at the sole discretion of the WSCA/NASPO Contract Administrator, subject only to review and approval of the WSCA Directors. 16. Technical Support The Contractor agrees to maintain a toll-free technical support telephone line. The line shall be accessible to Purchasing Entity personnel who wish to obtain competent technical assistance regarding the installation or operation of Products supplied by the Published: February 9, 2004 REQUEST FOR PROPOSAL Page 15 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials • Contractor during a product warranty period or during a support agreement. 17. Takeback and Other Environmental Programs The Contractor agrees to maintain for the term of this Agreement, and all renewals/extensions thereof, programs as described in the following paragraphs. A. Takeback/Recycling of CPUs, servers, monitors, flat panel displays, notebook computers, and printers. Costs are list on the web site. B. Environment: Compliance with the following standards: Blue Angel, EcoLogo, Energy Star, EPEAT (by level), Green Guard, Nordic Swan, and TCO. C. Product labeling of compliance with Items B & C above, as well as a identification of such information on the web site. 18. Product Delivery Contractor agrees to deliver Products to Purchasing Entities within 14-30 days after receipt of a valid Purchase Order, or in accordance with the schedule in the Purchasing Entity's Purchase Order. 19. Force Majeure Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that performance of any such obligations is prevented or delayed by acts of God, war, riot , industry-wide constraints or other catastrophes beyond the reasonable control (each a "Force Majeure event") of the party unless the act or occurrence could have been reasonably foreseen and reasonable action could have been taken to prevent the delay or failure to perform. A party not performing due to a Force Majeure event under this provision must provide the other party prompt written notice of the Force Majeure event and take all necessary steps to bring about performance as soon as practicable. 20. Records and Audit Per Minn. Stat. § 16C.05, Subd. 5, the books, records, documents, and accounting procedures and practices of the Contractor and its employees, agents, or subcontractors relevant to the Contract or transaction must be made available and subject to examination by the contracting agency or its agents, the Legislative Audit and/or the State Auditor for a minimum of six years after the end of the Contract or transaction. Unless otherwise required by other than Minnesota Purchasing Entity governing law, such records relevant to other Purchasing Entity transactions shall be subject to examination by appropriate government authorities for a period of three years from the date of acceptance of the Purchase Order. 21. Independent Contractor The Contractor and its agents and employees are independent contractors and are not employees of the State of Minnesota or of any participating entity. The Contractor has Published: February 9, 2004 REQUEST FOR PROPOSAL Page 16 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials no authorization, express or implied to bind the Lead State, NASPO, WSCA or any participating entity to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for the Lead State, NASPO, WSCA, or participating entity, except as expressly set forth herein. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the Lead State or Participating Entity as a result of this Agreement. 22. Use of Servicing Subcontractors The Contractor may subcontract services and purchase order fulfillment and/or support in accordance with the following paragraphs. However, the Contractor shall remain solely responsible for the performance of this Agreement. A. Reseller Agent, Agent, Service Provider or Servicing Subcontractors shall be identified individually or by class in the applicable Participating Addendum, or as noted in the Participating Addendum on the Purchasing Entities extranet site. The ordering and payment process for Products or Services shall be defined in the Participating Addendum. 23. Payments to Subcontractors In the event the Contractor hires subcontractors to perform all or some of the duties of this Contract, the Contractor understands that in accordance with Minn. Stat. § 16A.1245 the Contractor shall, within ten (10) days of the Contractor's receipt of payment from the State, pay all subcontractors and suppliers having an interest in the Contract their share of the payment for undisputed services provided by the subcontractors or suppliers. The Contractor is required to pay interest of 1-1/2 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid, undisputed balance of $100 or more will be $10. For an unpaid balance of less than $100, the amount will be the actual penalty due. A subcontract that takes civil action against the Contractor to collect interest penalties and prevails will be entitled to its costs and disbursements, including attorney's fees that were incurred in bringing the action. The Contractor agrees to take all steps necessary to comply with said statute. A consultant is a subcontractor under this Contract. In the event the Contractor fails to make timely payments to a subcontractor, the State may, at its sole option and discretion, pay a subcontractor or supplier any amounts due from the Contractor and deduct said payment from any remaining amounts due the Contractor. Before any such payment is made to a subcontractor or supplier, the State shall provide the Contractor written notice that payment will be made directly to a subcontractor or supplier. If there are not remaining outstanding payments to the Contractor, the State shall have no obligation to pay or to see to the payment of money to a subcontractor except as may otherwise be required by law. The Contractor shall ensure that the subcontractor transfers all intellectual or industrial Published: February 9, 2004 REQUEST FOR PROPOSAL Page 17 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials property rights, including but not limited to any copyright it may have in the work performed under this Contract, consistent with the intellectual property rights and ownership sections of this Contract. In the event the Contractor does not obtain the intellectual property rights of the subcontractor consistent with the transfer of rights under this Contract, the State may acquire such rights directly from the subcontractor. Any and all costs associated with such a direct transfer may be deducted from any amount due the Contractor. 24. Indemnification, Hold Harmless and Limitation of Liability A. The Contractor shall hold the Lead State, Participating Entities and its agencies and employees harmless and shall indemnify the Lead State, Participating Entities and its agencies and employees against any and all claims, suits, actions, liabilities and costs of any kind, including reasonable attorney's fees for personal injury or damage to real property or tangible personal property arising from the negligent or willful acts or omissions of the Contractor, its agents, officers, employees or subcontractors. The State agrees that the Contractor, its principals, members and employees shall not be liable to the State for any actions, damages, claims, liabilities, costs, expenses, or losses in any way arising out of or relating to the goods provided or services performed hereunder for an aggregate amount in excess of$2,000,000. B. Contractor shall not be liable for damages that are the result of negligence by the Lead State, Participating Entity, or its employees. To the maximum extent permitted by applicable state law, Purchasing Entities agree to be responsible for their own acts, errors, or omissions pertaining to this indemnification provision. C. Additional representations For acquisition of Services, the following additional terms shall apply. To the extent permitted by law, a Participating Entity accepts responsibility for and represents and warrants that: (a) the Participating Entity has obtained the appropriate license, intellectual property rights, or any other permissions required to support any Service Description, SOW, or Technical Specification Form signed by the Parties, or Contractor's performance of the Services, including the right to make any copies or Reproductions of any Participating Entity-provided software, (b) the Participating Entity's representations regarding the existence of an export license or the eligibility for export of software without a license are accurate, or (c) that Contractor shall not be held liable for the effect (if any) on the Participating Entity's third-party product warranties caused by having Contractor perform services on such third-party Products. The Contractor's liability under the contract for any cause whatsoever shall be limited to an aggregate amount of$2,000,000. The foregoing limitation does not apply to Articles 12 and 24 A through 24 C of this Agreement or to damages resulting from personal injury caused by the Contractor's negligence. In no event shall the Contractor be liable for any indirect, special, punitive, or consequential damages arising out of this Agreement or the use of the Products or Services purchased by the Purchasing Entity hereunder. 25. Amendments Published: February 9, 2004 REQUEST FOR PROPOSAL Page 18 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Contract amendments shall be negotiated by the State with the Contractor whenever necessary to address changes in the terms and conditions, costs, timetable, or increased or decreased scope of work. This Agreement shall be amended only by written instrument executed by the parties. An approved Contract amendment means one approved by the authorized signatories of the Contractor and the State as required by law. 26. Scope of Agreement This Agreement incorporates all of the agreements of the parties concerning the subject matter of this Agreement. No prior agreements, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 27. Severability If any provision of this Contract, including items incorporated by reference, is found to be illegal, unenforceable, or void, by-a-court of competent jurisdiction then both the State and the Contractor shall be relieved of all obligations arising under such provision. If the remainder of this Contract is capable of performance, it shall_ not be affected by such declaration or finding and shall be fully performed. 28. Enforcement of Agreement!Waivers A. No covenant, condition, duty, obligation, or undertaking contained in or made a part of this Contract shall be waived except by the written consent of the parties. Forbearance or indulgence in any form or manner by either party in any regard whatsoever shall not constitute a waiver of the covenant, condition, duty, obligation, or undertaking to be kept, performed, or discharged by the other party. Until complete performance or satisfaction of all such covenants, conditions, duties, obligations, and.undertakings, the other party shall have the right to invoke any remedy available under law or equity, notwithstanding any such forbearance or indulgence. B. Waiver of any breach of any provision of this Contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this Contract • shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties.hereto. C. Neither party's failure to exercise any of its rights under this Contract will constitute or be deemed a waiver or forfeiture of those rights. 29. Web Site Maintenance A. The Contractor agrees to maintain and support an Internet website linked to the State's administration website for access to the PSS, service selection assistance, problem resolution assistance, billing concerns, configuration assistance, Product descriptions, Product specifications and other aids described in the RFP, and/or in accordance with instructions provided by the WSCA/NASPO Contract Administrator. The Contractor agrees that the Published: February 9, 2004 REQUEST FOR PROPOSAL Page 19 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota,the Western State's Contracting Alliance and the National Association of State Procurement Officials approved PSS on the State's administration website shall contain a single, uniform WSCA price for configurations and items. Failure to comply with this requirement will be grounds for further action to be taken against the Contractor. B. The Contractor agrees to maintain and support Participating State and Entity Internet websites for access to the specific Participating Entity PSS, as well as all other items listed in Item 29A. above. The website shall have the ability to hold quotes for 45 days, as well as the ability to change the quote. C. The Contractor may provide electronic commerce assistance for the electronic submission of Purchase Orders, purchase order tracking and reports. D. Once the website is approved, the Contractor may not make changes to the website without notifying the WSCA/NASPO Contract Administrator and receiving written approval of the changes. 30. Equal Opportunity Compliance The Contractor agrees to abide by all applicable laws, regulations, and executive orders pertaining to equal employment opportunity, including federal laws and the laws of the state in which its primary place of business is located. In accordance with such laws, regulations, and executive orders, the Contractor agrees that no person in the United States shall, on the grounds of race, color, religion, national origin, sex, age, veteran status or handicap, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed by the contractor under this Agreement. If the Contractor is found to be not in compliance with these requirements during the life of this Agreement, the Contractor agrees to take appropriate steps to correct these deficiencies. The Contractor certifies that it will remain in compliance with Minn. Stat. § 363.073 during the life of the Contract. 31. Governing Law This Agreement shall be governed and construed in accordance with the laws of the Lead State. The construction and effect of any Participating Addendum or order against this Agreement shall be governed by and construed in accordance with the laws of the Purchasing Entity's state. Venue for any claim, dispute or action concerning the construction and effect of the Agreement shall be in the Lead State. Venue for any claim, dispute or action concerning an order placed against this Agreement or the effect of a Participating Addendum or shall be in the Purchasing Entity's state. 32. Change in Contractor Representatives Contractor shall appoint a primary representative to work with the WSCA/NASPO Contract Administrator to maintain, support and market this Agreement. The Contractor shall notify the WSCA/NASPO Contract Administrator of changes in any Published: February 9, 2004 REQUEST FOR PROPOSAL Page 20 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Contractor key personnel, in writing, and in advance if possible. The State reserves the right to require a change in Contractor's then-current primary representative if the assigned representative is not, in the opinion of the State, adequately serving the needs of the Lead State and the Participating Entities. 33. Release The Contractor, upon final payment of the amount due under this Agreement, releases the Lead State and Participating Entities, its officers and employees, from all contractual liabilities, claims and obligations whatsoever arising from or under this Agreement. The. Contractor agrees not to purport to bind the Lead State or any _ Participating Entity to any obligation, unless the Contractor has express written authority to do so, and then only within the strict limits of the authority. 34. Data Practices A. The Contractor and the State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13 (and where applicable, if the state contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time) as it applies to all data provided by the State to the Contractor and all data provided to the State by the Contractor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained or disseminated by the Contractor in accordance with this Contract that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). B. In the event the Contractor receives a request to release the data referred to in this article, the Contractor must immediately notify the State. The State will give the Contractor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contractor or the State. C. The Contractor agrees to indemnify, save, and hold the State of Minnesota, its agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act (and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Contract. In the event that the Contractor subcontracts any or all of the work to be performed under the Contract, the Contractor shall retain responsibility under the terms of this paragraph for such work. 35. Organizational Conflicts of Interest Published: February 9,2004 REQUEST FOR PROPOSAL Page 21 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials A. The Contractor warrants that; to the best of its knowledge and belief, and except as otherwise disclosed, there are not relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: • a Contractor is unable or potentially unable to render impartial assistance or advice to the State; • the Contractor's objectivity in performing the work is or might be otherwise impaired; or • the Contractor has an unfair competitive advantage. B. The Contractor agrees that if an organizational conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management. Division that shall include a description of the action the Contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Contract. In the event the Contractor was aware of an organizational conflict of interest prior to the award of.the Contract and did not disclose the conflict to the WSCA/NASPO Contract Administrator, the State may terminate the Contract for default. The provisions of this clause shall be included in all subcontracts for work to be performed, and the terms "Contract," "Contractor," and "WSCA/NASPO Contract Administrator" modified appropriately to preserve the State's rights. 36. Replacement Parts Unless otherwise restricted in a Participating Addendum or maintenance service • agreement, replacement parts may be manufacturer-certified refurbished parts carrying USA OEM warranties. 37. FCC Certification The Contractor agrees that Equipment supplied by the Contractor meets all applicable FCC Certifications. Improper, falsely claimed or expired FCC certifications are grounds for termination of this Agreement for cause. 38. Site Preparation A Purchasing Entity shall prepare and maintain its site in accordance with written instructions furnished by the Contractor prior to the scheduled delivery date of any Products and shall bear the costs associated with the site preparation. 39. Assignment The Contractor shall not sell, transfer, assign, or otherwise dispose of this Contract or Published: February 9, 2004 REQUEST FOR PROPOSAL Page 22 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota,the Western State's Contracting Alliance and the National Association of State Procurement Officials any portion hereof or of any right, title, or interest herein without the prior written consent of the State's authorized agent. Such consent shall not be unreasonably withheld. The Contractor shall give written notice to the State's authorized agent of such a possibility at least 30 days prior to the sale, transfer, assignment, or other disposition of this Contract. Failure to do so may result in the Contractor being held in default. This consent requirement includes reassignment of this Contract due to a change in ownership, merger, or acquisition of the Contractor or its subsidiary or affiliated corporations. This section shall not be construed as prohibiting the Contractor's right to assign this Contract to corporations to provide some of the services hereunder. Notwithstanding the foregoing acknowledgment, the Contractor shall remain solely liable for all performance required and provided under the terms and conditions of this Contract. 40. WSCA/NASPO Contract Administrator The State shall appoint an WSCA/NASPO Contract Administrator whose duties shall include but not be limited to the following: A. The WSCA/NASPO Contract Administrator may provide instructions concerning the contents of the Contractor's website. B. The WSCA/NASPO Contract Administrator will facilitate dispute resolution between the Contractor and Purchasing Entities. Unresolved disputes shall be presented to the State for resolution. C. The WSCA/NASPO Contract Administrator shall promote and support the use of this Agreement by NASPO members and other Participating Entities. D. The WSCA/NASPO Contract Administrator shall advise the State regarding the Contractor's performance under the terms and conditions of this Agreement. E. The WSCA/NASPO Contract Administrator shall receive and approve quarterly price agreement utilization reports and the administration fee payments. F. The WSCA/NASPO Contract Administrator shall periodically verify the Product and Service prices in the PSS conform to the Contractor's volume price and other guarantees. The WSCA/NASPO Contract Administrator may require the Contractor to perform web site audits to accomplish this task. G. The WSCA/NASPO Contract Administrator shall conduct annual Contractor performance reviews. H. The WSCA/NASPO Contract Administrator shall maintain an Agreement administration website containing timely and accurate information. 41. Survival The following rights and duties of the State and Contractor will survive the expiration or cancellation of the resulting Contract. These rights and duties include, but are not limited to Paragraph 12. Patent, Copyright, Trademark and Trade Secret Indemnification; Paragraph 20. Records and Audit; Paragraph 24. Indemnification, Published: February 9, 2004 REQUEST FOR PROPOSAL Page 23 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials Hold Harmless, and Limitation of Liability; Paragraph 31, Governing Law; Paragraph 34. Data Practices; and Paragraph 52. Right to Publish. 42. Succession This Agreement shall be entered into and be binding upon the successors and assigns of the parties. 43. Notification A. If one party is required to give notice to the other under the Contract, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained. A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes. All notices shall be addressed as follows: To MMD:-_ Department of Administration Materials Management Division Bernadette Kopischke, CPPB Acquisitions Supervisor • 50 Sherbume Avenue 112 State Administration Building St. Paul, MN 55155 Fax: 651.297.3996 Email: bernie.kopischke @state.mn.us To Contractor: Dell Marketing L.P. Attention: Public Contracts Stephanie D. Shipp One Dell Way, RR8-8707 Round Rock, TX 78682 Email: steohanie shiopt dell.com 44. Reporting and Fees A. Administration Reporting and Fees 1. The Contractor agrees to provide monthly utilization reports to the WSCA/NASPO PC Contracts Reporting person and the WSCA/NASPO Contract Administrator by the 15th of the month following the end of the previous month. (Ex. Purchases during January are reported by the 15th of February; purchases made during February are reported by the 15th Published: February 9, 2004 REQUEST FOR PROPOSAL Page 24 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota,the Western State's Contracting Alliance and the National Association of State Procurement Officials of March; etc.). The report shall be in the format developed by the Lead State and supplied to the Contractor. 2. The Contractor agrees to provide quarterly Administrative Fee check payable to WSCA/NASPO for an amount equal to one-twentieth of one percent (0.0005) of the net sales for the period. The form to be submitted with the check, as well as the mailing address, has been supplied to the Contractor. Payment shall be made in accordance with the following schedule: Period End - Fe a DUe June 30 July 31 September 30 October 31 December 31 January 31 March 31 April 30 3. The Contractor agrees to include all Reseller Agent sales in the monthly utilization reports described above. In addition, the Contractor agrees to provide a supplemental Reseller Agent utilization report of the net sales for the period subtotaled by Purchasing Entity name, within Purchasing Entity state name by Reseller Agent Name. 4. The Contractor agrees to provide with the utilization report as well as a supplemental report of the number and type of units taken back in a format to be mutually agreed to. Contractor agrees to add EPEAT and/or Energy Start environmental information to utilization reports as the information becomes available as consumable reporting data. 5. The utilization reports shall be submitted to the WSCA/NASPO PC Contracts Reporting person and the WSCA/NASPO Contract Administrator via electronic mail in a Microsoft Excel spreadsheet format, or other methods such as direct access to Internet or other databases. 6. If requested by the WSCA/NASPO Contract Administrator, the Contractor agrees to provide supporting Purchase Order detail records on mutually agreed magnetic media in a mutually agreed format. Such request shall not exceed twelve per year. 7. The failure to file the utilization reports and fees on a timely basis shall constitute grounds for the removal of the Contractor's primary representative, suspension of this Agreement or termination of this Agreement for cause. 8. The WSCA/NASPO Contract Administrator shall be allowed access to all reports from all Purchasing Entities. B. Participating Entity Reports and Fees Published: February 9,2004 REQUEST FOR PROPOSAL Page 25 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials 1. Participating Entities may require an additional fee be paid directly to the State on purchases made by Purchasing Entities within that State. For all such requests, the fee level, payment method and schedule for such reports and payments shall be incorporated in to the Participating Addendum that is made a part of this Agreement. The Contractor may adjust PSS pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of that State. All such agreements shall have no affect whatsoever on the WSCA fee or the prices paid by the Purchasing Entities outside the jurisdiction of the State requesting the additional fee. 2. Purchasing Entities will be encouraged to use the reporting,format. developed by the lead State for their reporting needs. However, the Contractor agrees to provide additional reports to Purchasing Entities upon agreement by both parties as to the content and delivery methods of the report. Methods of delivery may include direct access to Internet or other databases. 3. Each State Purchasing Entity shall be allowed access to reports from all entities within that State. 45. Default and Remedies A. Any of the following shall constitute cause to declare this Agreement or any order under this Agreement in default: 1. Nonperformance of contractual requirements; or 2. A material breach of any term or condition of this Agreement. B. A written notice of default, and an opportunity to cure within 30days of the written notification, shall be issued by the party claiming default, whether the Lead State (in the case of breach of the entire Agreement), a Participating Entity (in the case of a breach of the participating addendum), the Purchasing Entity (with respect to any order), or the Contractor. Time allowed for cure shall not diminish or eliminate any.liability for liquidated or other damages. C. If the default remains after the opportunity for cure, the non-defaulting party may: 1. Exercise any remedy provided by law or equity; 2. Terminate the Agreement, a Participating Addendum, or any portion thereof, including any Purchase Orders issued against the Agreement; 3. Impose liquidated damages, as specified in a Participating Addendum; 4. In the case of default by the Contractor, and to the extent permitted by the law of the Participating State or Purchasing Entity, suspend Contractor from receiving future solicitations. 5. Charge the defaulting Contractor the full increase in cost and administrative handling to purchase the equivalent product or equivalent Published: February 9, 2004 REQUEST FOR PROPOSAL Page 26 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials service from another Contractor. D. The MMD reserves the right, upon approval of the WSCA Directors, to develop and implement a step-by-step process to deal with Contractor failure to perform issues. 46. Audits A. Website Audits The Contractor agrees to assist the WSCAINASPO Contract Administrator or designee with web site Product and pricing audits based on mutually acceptable procedures, described in Exhibit E, Audit Guidelines. The Contractor will review web pricing on a monthly basis to ensure discounts continue to be equal to or better than those required by the Agreement. 1. The product audit will closely monitor the products and services listed on the website to insure they comply with the approved products and services. The addition of products or services not approved by the WSCA/NASPO Contract Administrator will not be tolerated and may be considered a material breach of this Agreement. B. Sales Audits The Contractor further agrees to perform sales audits based on the sample formulas described in Exhibit E, Audit Guidelines. C. Upon request, the Contractor agrees to assist Participating Entities with invoice audits to ensure that the Contractor is complying with this Agreement in accordance with mutually agreed procedures set forth in the Participating Addendum. 47. Extensions If specifically authorized by provision in a Participating Addendum, Contractor may, at the sole discretion of Contractor and in compliance with the laws of the Participating State, offer Products and services to non-profit organizations, private schools, Native American governmental entities, government employees and students within the governmental jurisdiction of the entity completing the Participating Addendum with the understanding that the governmental entity has no liability whatsoever concerning payment for products or services. 48. Sovereign Immunity The State does not waive its sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law with regard to any action based on this Contract. 49. Ownership A. Ownership of Documents/Copyright. Any reports, studies, photographs, Published: February 9, 2004 REQUEST FOR PROPOSAL Page 27 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials negatives, or other documents, whether in tangible or electronic forms, prepared by the Contractor in the performance of its obligations under the Contract and paid for by the State shall be the exclusive property of the State and all such material shall be remitted to the State by the Contractor upon completion, termination or cancellation of the Contract. The Contractor shall not use, willingly allow or cause to allow such material to be used for any purpose other than performance of the Contractor's obligations under the Contract without the prior written consent of the State. B. Rights, Title and Interest. All rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contractor conceives or originates, either individually or jointly with others, which arise out of the performance of the Contract, will remain the property of the Contractor. Where applicable, works of authorship created by the Contractor, specifically for the State shall be considered "works for hire" as defined in the U.S. Copyright Act. Nothing in the Agreement shall be construed as transferring any right, title, or interest in any of the Contractor's or their third party's confidential information, trademarks, copyrights, intellectual property or other proprietary interest. 50. Prohibition Against Gratuities A. The State may, by written notice to the Contractor, terminate the right of the Contractor to proceed under this Contract if it is found by the State that gratuities in the form of entertainment, gifts, or otherwise were offered or given by the Contractor or any employee, agent, or representative of the Contractor to any officer or employee of the State with a view toward securing this Contract, or securing favorable treatment with respect to the award or amendment of this Contract, or the making of any determinations with respect to the performance of this Contract. B. The Contractor certifies that no elected or appointed official or employee of the State has benefited or will benefit financially or materially from this Contract. This Contract may be terminated by the State if it is determined that gratuities of any kind were either offered to or received by any of the aforementioned individuals from the Contractor, its agent, or its employees. 51. Antitrust By entering into a Contract, the Contractor agrees to consider, in the Contractor's discretion, all causes of action it may now have or hereafter acquire under the antitrust laws of the United States and the State, relating to the particular goods or services purchased or acquired by the State under said Contract. For any cause of action taken herein by Contractor, the State, at the State's discretion, may participate in any such action. In the event that Contractor desires to participate in such action, the Contractor shall not oppose the State's request to join such action so long as the interests/positions of the State are not adverse to the interests/positions of the Contractor. Published: February 9,2004 REQUEST FOR PROPOSAL Page 28 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota,the Western State's Contracting Alliance and the National Association of State Procurement Officials 52. Right to Publish A. Any publicity given to the program, publications or services provided resulting from the Contract, including but not limited to notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Contractor, or its employees individually or jointly with others, or any subcontractors or resellers shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Contract prior to its approval by the WSCA/NASPO Contract Administrator. B. The Contractor shall not make any representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are the subject of this Contract without the prior written consent of the WSCA/NASPO Contract Administrator. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 53. Performance While Dispute is Pending Notwithstanding the existence of a dispute, the parties shall continue without delay to carry out all of their responsibilities under this Contract that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under this Contract, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 54. Hazardous Substances To the extent that the goods to be supplied to the Purchasing Entity by the Contractor contain or may create hazardous substances, harmful physical agents as set forth in applicable State and federal laws and regulations, the Contractor must provide the Purchasing Entity, upon request, with Material Safety Data Sheets regarding those substances (including mercury). 55. Customer Satisfaction/Complaint Resolution A. The Contractor's process for resolving complaints concerning products, support, and billing problems is attached as Exhibit B. B. The Contractor will survey its customers in each Participating State approximately two (2) months prior to the annual meeting with the Contract Administrator using, at a minimum, the survey questions provided by the State. 56. Value Added Services The Contractor is expected to provide such services as installation, training, and software imaging upon request of the Purchasing Entity. Additional Value Added Services offered by the Contractor are attached as Exhibit C. 57. E-Rate Program Published: February 9, 2004 REQUEST FOR PROPOSAL Page 29 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials The Contractor's E-Rate identification number is: #143004340. E-Rate eligibility depends upon who uses the equipment, how it is used and where it is located. In general terms, equipment located on school property and that is necessary for e- mail and Internet access in classrooms is eligible for E-Rate support. The Contractor shall make every effort to continue its involvement in this program and to add products as applicable. • Published: February 9, 2004 REQUEST FOR PROPOSAL Page 30 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials • IN WITNESS WHEREOF, the parties have executed this agreement as of the date of execution by the State of Minnesota Commissioner of Administration, below. 1. DELL MARKETING L.P. 2. MATERIALS MANAGEMENT DIVISION The Contractor certifies that the appropriate In accordance with Minn. Stat. § 16C.03, Subd. 3. person(s) have executed this Agreement on 6r:1-tit& behalf of the Contractor as required by By: applicable articles, bylaws, resolutions, or ordi •nce- Title: Acquisitions Supervisor By: `l '�R Ste hanie D.Shim Date: (i fi%i09 Title: Contract Strategist Date: June 11, 2009 3. COMMISSIONER OF ADMINISTRATION Or delegated representative. ey. 41111 . By: %. C�i ma McKenzie Date: 4. 4�'ginal signed e: Senior Manager Contracts , Date: June 11, 2009 JUN .1 5 1009 By&tondo Willard • Published: February 9,2004 REQUEST FOR PROPOSAL Page 31 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES • for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT A—ADDITIONAL WARRANTIES ProSupport for IT Designed for IT Professionals and customers with their own helpdesk/service desk facilities, ProSupport for IT has stripped out the duplication that can occur with basic support packages and delivers the elements that IT professionals need, including the entitlement for your certified IT staff to receive Dell training and accreditation in order to qualify for Fast Track Dispatch. Also NASPO/WSCA's staff benefit from: • Entitlement to enroll in Fast Track dispatch for Dell certified Customer Technicians • Direct Access to Dell Expert Centers • 24x7 Expert Center Support: ProSupport for End Users Designed for Customers with limited or no internal IT resource, ProSupport for end-users provides support in the areas that end-users typically encounter issues. The service is available 24 x 7. ProSupport for End Users also gives"Getting started"advice such as remote configuration or set up assistance associated with simple networks(including wired and wireless networks)and configuration assistance with common task small business applications such as: • Symantec Endpoint Protection • Microsoft Office • Microsoft SBS • QuickBooks • Adobe Photoshop • Adobe Acrobat Service Options 1. Speed of Service Response Mission Critical The Mission Critical option includes either a 4 hour or 8 hour response, with the option of a 2 hour response service if your site falls within the service coverage area. Dell has 5 Global Command Centres for around the clock coverage around the world. Dell's Critical Situation Process for severity 1 incidents provides: • Ongoing, scheduled situation updates to keep you informed every step of the way • Problem replication in Dell's simulation labs (as needed) • Prioritized production in the event of a natural disaster We will also provide emergency dispatch that allows simultaneous phone and on-site troubleshooting. In addition hardware fault monitoring is available on select server and storage platforms. Same Day Response Service Same day response/4-hour on-site service includes: • After phone-based troubleshooting,a Dell-trained technician arrives on-site within 4 hours of problem determination, depending on location Published: February 9, 2004 REQUEST FOR PROPOSAL Page 32 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials • On-site service technicians coordinate incident resolution and troubleshooting directly with Dell's Expert Centers Specialized On-site Service Options With this module of ProSupport NASPO/WSCA can choose from a range of robust options tailored to your unique needs. Options include: • On-site Service Delivery Manager • On-site Escalation Manager • On-site Service Engineer • Scheduled On-site Service • On-site Diagnosis Service 2. Premium Proactive Maintenance A study conducted in North America during 2007 showed that a massive 70%of IT budgets and spent on ongoing operations and maintenance. Our ProSupport Proactive Maintenance services have been designed to address this expenditure by reducing the cost and complexity of ongoing maintenance. Proactive maintenance includes: • Proactively maximize availability • Help reduce unplanned downtime • Help reduce recovery time in the event of a technical incident by reducing the number of variables to diagnose and troubleshoot • Minimize maintenance costs while maximizing uptime Premium Proactive maintenance is available on select server and storage platforms. Enterprise Wide Contract A ProSupport Enterprise Wide Contract from Dell has been proven to reduce technical incidents by as much as 37%. This ProSupport option includes: • Designated Service Delivery Manager • On boarding support assessment&comprehensive planning • Monthly management reviews • Incident status and defined reporting • Dell Fast-Track dispatch (with certification) • 7x24x365 access to Dell Expert Centers • Technical training and certification program • Escalation management • Global Command Centers • Collaborative support for hardware and software • Next-Business-Day on-site service Your designated Service Delivery Manager service includes: Published: February 9,2004 REQUEST FOR PROPOSAL Page 33 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials • On boarding support assessment • • Comprehensive planning • Monthly management reviews • Incident status and defined reporting Remote Advisory Options Remote advisory assistance is designed to support your specialized applications and solutions. It is ideal for ongoing support of Dell Infrastructure Consulting Services deployed solutions or for additional configuration and optimization needs. Customers can select remote advisory services that cover the following specialist areas: • Virtualization • Exchange • Systems Management • Storage Technology • Backup and Recovery- Fast Track Dispatch Program This program is included for customers who choose the ProSupport for IT service model. Fast Track Dispatch provides the ability for certified IT staff to dispatch parts and/or labor without having to go through scripted phone troubleshooting.The necessary online technical training and certification for major Dell product families is included in the program. IT professionals have access to technical support tips and in-depth hardware and software information.Also, they have direct phone access to expert technicians who can assist with more complex issues when needed. 3. Protection CompleteCare Protect assets from inevitable mishaps with CompleteCare Accidental Damage cover to ensure an easy and flexible repair and replacement service for most accidental damage.CompleteCare helps to save time, money and resources in the event of unplanned events such as: • Spills • Drops • Breakages • Electrical surges For notebooks and mobile workstations CompleteCare Theft protection is available. CompleteCare Multi-cover provides both Accidental Damage and Theft Protection under in one easy package. CompleteCare is essential investment protection for systems that are exposed to high-risk multi-use, high mobility, multiple users and harsh environments. Published: February 9, 2004 REQUEST FOR PROPOSAL Page 34 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT B-COMPLAINT RESOLUTION A dedicated member of your Account Team, your Sales Representative is the owner for any procurement, pricing, or supply issues that may arise. Your Sales Representative has a clearly defined escalation path for issues which includes routing them through an Inside Sales Manager, up through to the appropriate Regional Director. Your Sates Representative is directly accountable to NASPO/WSCA and will keep you apprised of issue resolution and progress. In the rare case an issue cannot be resolved through standard channels; the escalation process would be directed to the level of Sales Vice President. The Dell Account Teams provide Executive Business Reviews on a quarterly basis. This tool is like a bank statement that provides purchase history information, tracks our performance against Service Level Agreements and develops specific action plans where needed to meet your objectives. The goal is to use the benefits of our direct relationship to provide you with unprecedented accountability on the products, services and support you want and give you as proactive analysis of what's working and what's not. Invoicing Resolution Purchase order management helps Dell maintain our commitment to excellence by allowing us to process orders accurately and efficiently. In support of these goals, Dell assigns a Finance/Accounting Associate to each account. This individual is responsible for resolution of disputed invoices. The Associate will work with NASPONVSCA's Accounts Payable, Procurement or other necessary departments to resolve disputes. Your Dell Customer Care representative will help with errors such as duplicate invoices, wrong product shipped, • etc. If needed, the dedicated Finance/Accounting Associate for NASPO/WSCA will resolve billing issue. If NASPO/WSCA is set up for monthly consolidated invoicing, Dell requires that you pay undisputed item(s)and follow the above procedures for error correction. Dell provides the following solutions to customers in resolving their most common invoicing issues: If a customer didn't receive original copy in the mail, or it is delayed or lost in the customer's mailroom, Dell makes available round-the-clock access to online copies for all Dell invoices—paid and unpaid—for 24 months. The online invoices look just like the original hard-copy invoices and include service tag numbers for simplified comparisons. Dell can also provide email notification of invoices. If a customer wants one invoice per purchase order, Dell's collections team can set the customer up for consolidated invoicing. Or, if the request is just for one PO, Dell's customer care or collections team can request a manual consolidated invoice. If a customer wants their invoice to match their purchase order, Dell's customer care or collections team can request manual invoice. Published: February 9,2004 REQUEST FOR PROPOSAL Page 35 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT C —VALUE-ADDED SERVICES Contact Dell for further details on these programs: Custom Factory Integration Parts Replacement Program Asset Management Services Image Management Services Asset Recovery Services Managed Deployment Services Modular Services Automated Deployment Training Services Dell Virtualization Services Assessment, Design & Implementation Services • Published: February 9,2004 REQUEST FOR PROPOSAL Page 36 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota,the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT D - LEASING Individual Purchasing Entities may enter in to lease agreements for the products covered in this Master Price Agreement, if they have the legal authority to enter into these types of agreements without going through a competitive process. The lease agreements were not reviewed or evaluated as part of the RFP evaluation process. A sample agreement can be found at: www.dell.com/naspowsca Published: February 9, 2004 REQUEST FOR PROPOSAL Page 37 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota,the Western State's Contracting Alliance and the National Association of State Procurement Officials EXHIBIT E-AUDIT GUIDELINES Website Audits: 1. Websites need to be accurate with both pricing and part numbers 2. Manufacturers MUST have a mechanism in place for periodic and random internal auditing of pricing on the website 3. WSCA will randomly audit websites for accurate pricing 4. Upon request, Contractor will provide documentation of pricing and discounts accuracy Sales Audits Sample Guidelines Frequency: Quarterly Scope:one tenth of one percent(.001)of purchase orders—at least one if any sales, no more than 100 audits • Up to 1,000 sales= 1 audit • 10,000 sales= 10 audits • Up to 100,000 sales= 100 audits o Random sample of purchase orders-invoices • Can offer several different statistical methods for such small samples Documentation: • Contractor to test and keep documentation internally. Noting any actions to correct findings,as necessary. • Periodic summary report to WSCNNASPO containing audit findings as summary numbers ONLY • Published: February 9,2004 REQUEST FOR PROPOSAL Page 38 of 38 Pages MANUFACTURES OF PERSONAL COMPUTERS AND RELATED DEVICES for The State of Minnesota, the Western State's Contracting Alliance and the National Association of State Procurement Officials AWARD SHEET Title: WIRING/CABLING SERVICES Contract# 12-13-047 Term: One (1) Year Term with City option to renew for Three (3) Years on a year to year basis Effective 9/1/13 through 8/31/14 User Departments IT Department Capital Improvement Dept Vendor Contact Information Name: Quality Wiring Address: 10145 NW 19 Street Doral, FL 33172 FID: 59-2594148 Phone: 305 595-5691 Fax: 305 595-0558 Contact: Hoa Le Email: h.le a quality iring.com Name: Waveguide Communications Inc. Address: 359 SW 13th Avenue Pompano Beach, FL., 33069 FID: 65-0694457 Phone: 954 782-9898 #1701 Fax: 954 782-9812 Contact: Clifford P. Wright Email: Clifford w awgc-usa.com Name: Miami Business Telephone Corp. Address: 4933 SW 74 Court Miami Fl., 33155 FID: 65-0042634 Phone: 305 669-6164 Fax: 305 669-5422 Contact: Lilibeth Collantes Email: lily a miamibusinesstelephone.net Contract Administrator: William Garviso, Buyer(305) 622-8000#2492 or wuan,iso`a;miamigardens-11. 0' METHOD OF AWARD: The City may award this contract to multiple bidders, whose bids conform to the specifications and are most advantageous to the City. The City shall select three (3) bidders with the overall lowest pricing deemed the "primary," secondary and tertiary bidder(s) if it is deemed to be in the best interest of the City. The City may, however, select the primary bidder to order upon availability at the time, as required during the contract period. The City reserves the right to obtain quotes from all of the awarded bidders on any specific project, in its best interests. Award based on price, and qualifications of responsive, responsible bidder(s). PAYMENT: Invoices for payment will be submitted as services are completed, but no more than once a month, for the duration of the contract. Invoices will be subject to verifications and approval by the requesting department. PURCHASING CARD PROGRAM: The City has implemented a purchasing card program through Bank of America, using the VISA network. Contractors will receive payment from the purchasing card-in the same manner as other Visa purchases. Accordingly, respondents shall presently have the ability to accept VISA or take whatever steps necessary to implement the ability before the start of the agreement term. The City can only accept VISA, however, the purchasing card is not the exclusive method of payment. Please indicate your ability to accept Visa purchasing card on Bid Form. RESPONSE TIME: A four (4) hour response time is required for emergencies. Failure to respond to a service call within the specified time will result in the successful bidder paying any and all costs associated with the repairs performed by a secondary contractor. A twenty-four (24) hour/three (3) working days response time shall be required for non- emergency repairs. The City shall be the sole judge of an emergency/non-emergency repair. The successful bidder(s)will be required to respond for service, 24 hours a day, seven days a week, 365 days a year. ADDITIONS/DELETIONS OF FACILITIES/ITEMS/PRODUCTS: Although this solicitation identifies specific facilities/items/products to be serviced, it is hereby agreed and understood that any facility/item/products may be added deleted to/from this contract at the option of the City. When an addition to this contract is required, the successful bidder(s) under this contract shall be invited to submit price quotes for these new services/items/products, and may be added to the contract in the City's best interest. PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT: If the bidder is awarded a contract under this solicitation, the prices quoted by the bidder on the Proposal Form shall remain fixed and firm during the term of this contract; provided, however, that the bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term. Price increases or decreases comparable to documented manufacturers price changes are allowed during the renewal periods only. Adjustments to price may change the order of award. SUB-CONTRACTORS: The contractor shall not enter into sub-contracts for any of the work described herein, unless authorized in advance by the City. LIQUIDATED DAMAGES: Should the successful bidder fail to deliver the products and/or services agreed upon, in accordance with specifications and to the satisfaction of the City, within the established time frame, the bidder shall be subject to assessment of liquidated damages in the amount of$100.00 for each calendar day the work remains incomplete, as compensation due to the City for loss of use and for additional cost incurred by the City due to such non-completion of the work. The City shall have the right to deduct said liquidated damages from any amount due or that may become due to the bidder under this agreement, or to invoice the bidder for such damages if the cost incurred exceed the amount due the bidder. WARRANTY: The successful bidder will be required to warranty all work performed. Bidder shall warrant its products and/or service against faulty labor and/or defective material for a one(1) year period. The bidder shall promptly correct any deficiency, at no charge to the City, within five (5) calendar days after the bidder is notified of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items. COMPLETE PROJECT REQUIRED: These specifications describe the various items or classes of work required, enumerating or defining the extent of same necessary, but failure to list any items or classes under scope of the several sections shall not relieve the contractor from furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. SOUTHEAST FLORIDA GOVERNMENTAL CO-OPERATIVE PURCHASING GROUP: The bidder understands and agrees if any of the governmental entities or municipalities who are members of the Southeast Florida Governmental Co-Op Purchasing Group may participate in the resulting contract with the same terms and conditions through the renewal periods. Each governmental entity will be responsible for awarding the contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the successful bidder and issue its own tax exemption certificate as required by the bidder. 3.0 MINIMUM SPECIFICATIONS: 3.1 SCOPE OF WORK: The purpose of this bid is to establish a term contract, with licensed contractor(s) to furnish all materials, labor, supervision, and transportation, permits, licenses, equipment and any incidentals necessary to perform moves, adds, and changes in the wiring infrastructure of the City data, cable television or video and voice networks through the installation and termination of wiring, including but not limited to twisted pair, coaxial, and fiber optic wiring and the installation and configuration of associated communication hardware and conduit. Associated work is to take place at any one or all of the City facilities. This contract may not be an exclusive contract. 3.2 PROCEDURE FOR REQUESTING WORK: The City shall identify a wiring need and develop a work plan. For minor jobs, this work plan may be transmitted verbally to the pre-qualified bidder(s). For Major Jobs, this work plan shall be in writing and may contain diagrams to illustrate the work plan. The City may require on-site inspection depending on the complexity of the work plan. All work plans shall be approved by all the affected groups within the City and shall contain any time constraints, requirements or prerequisites that affect the project. The bidder(s) shall be contacted to provide a complete price estimate including, wiring, supplies, labor and a determination of whether the installation time requirements can be adhered to. Minor jobs may be awarded to the primary bidder based on pre-established bid rates. A purchase order shall be issued to the selected vendor. In some cases the successful bidder and the City may need to schedule project planning meetings to further define or clarify the written work plan or to discuss the status of the project. 3.3 GENERAL LOCATION OF WORK: 3.3.1 While every attempt shall be made by the City to move obstructions, such as furniture, cabinets etc., to allow access to the work area, the successful bidder may need to either move or arrange for the move of such obstructions. 3.3.2 If property (public or private) is damaged while successful bidder is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the bidder in a manner acceptable to the City prior to the final acceptance of the work. Such property shall include but not be limited to: sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. 3.3.3 Successful bidder shall notify the requesting department in writing of the site having pre-existing damage before beginning work. Failure to do so shall obligate the bidder to make repairs per section 3.2.1 3.4 PROTECTION: 3.4.1 The successful bidder shall be solely responsible for pedestrian and vehicular safety and control within the work site and shall provide the necessary warning devices, barricades and ground personnel needed to give safety, protection, and warning to persons and vehicular traffic within the area. All minimum safety standards required by Municipal, County, State and Federal ordinances and laws shall be strictly met by the contractor. 3.4.2 Bidder must provide protection necessary to prevent damage to property where securing are being performed and adjoining properties. 3.4.3 Restore any damage to property to its original condition, at bidder's expense, as acceptable to the City. 3.5 EMPLOYEES: 3.5.1 Successful bidder shall be responsible for the appearance of all working personnel assigned to the project (clean and appropriately dressed at all times). Personnel must be able to supply proper identification at all times. 3.5.2 All employees of the bidder shall be considered to be at all times the sole employees of the bidder, under the bidder's sole direction, and not an employee or agent of the City. The bidder shall supply competent and physically capable employees and the City may require the bidder to remove any employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose presence on work site is not in the best interest of the City. City shall not have any duty to implement or enforce such requirements. 3.5.3 Bidder shall assign an "On Duty"supervisor who speaks and reads English. 3.6 STORAGE OF MATERIALS: 3.6.1 The successful bidder must provide for own storage of material and equipment, if needed. No on-site storage is permitted at the work area or other public areas. 3.7 DISPOSAL OF WASTE: 3.7.1 Bidder shall be responsible for disposal of waste materials/lumber and any and all excess materials, containers, etc. at an off site location in accordance with local, state and federal regulations. City dumpsters are not to be used by contractor. 3.8 SPECIFIC UTP(Unshielded twisted pair)GUIDELINES(Voice and Data) Unless otherwise specified or agreed to by the City and the successful bidder, all UTP installations must be either equal to or better than the following specifications. 1. Horizon/Vertical Wiring: All UTP Wiring should be IEEE 802.3u (100 BASE — Tx) Category 5e efor (802.3i 1000-TX) Category 6 compliant and all components (e.g., patch panels, connectors, etc.) must be consistent with the category of wiring used. Typical specifications include the following: lmpedence:Typically 75-165 Ohms for 100 BASE-Tx Networks (100 ohm). Insertion Loss(Attenuation): Maximum allowable is 24 db at 100 MHz. Length: Maximum 100 meters(328 feet) Gauge: 24 AWG Number of Strands: 4 pair Fire Rating—Plenum rated. Successful bidder is encouraged to supply pricing on higher speed wiring types as they become available — example is Mohawk Mega LAN 400 MHZ UTP wire. Connections will comply with EIA/TIA 568AorB installation requirements. Product must be from one of the following manufacturers, or approved equal: Lucent Technologies Berk-Tek Belden Mohawk Comscope All wiring is to be neatly routed and bundled appropriately with proper hardware for same. Appropriate wire management shall be installed above and/or below each termination site. Moves or changes within an existing facility must conform to the appearance of existing installation and must be installed in a manner consistent with these existing installations. Every pair of wires in every sheath is to be tested for continuity, reversals, potential grounds, shorts, opens, and sequence. All wiring must be category 5e orpc category 6 certified with written test results submitted to the City prior to acceptance by the City of the completed work. The outer sheath must have an identification marker or nomenclature indicating manufacturer's identification, pair, count, gauge, and footage —same is to appear at a minimum of every two (2) feet. Riser cabling shall meet the fine test requirements of UL1666. Emplacement of wire shall be in compliance with manufacturer's recommendations and per applicable code and fire stopped where required. Any wiring damaged during emplacement operations, new or existing, shall be replaced by the successful bidder at no additional cost to the City. 2. Termination Type(must be consistent with category rating of wiring): IDF Rack Mount:These patch panels that are Category 5e or Category 6 compliant should use front facing unkeyed RJ45 jacks with PCB connections to 110 contacts. The proper authority shall choose the appropriate patch panel for the installation from the list submitted by the successful Bidder. This list will be compiled by the successful Bidder during the building inspections. IDF Wall Mount: These patch panels that are Category 5e or Category 6 compliant should use front facing unkeyed RJ45 jacks with PCB connections to 110 contacts. The choice of using either a standoff bracket (89D), a hinged wall bracket (for 19" panels), or other configuration shall be made by the proper authority. Workstation Outlets: Horizontal wiring should be terminated to 110-type connections feeding through to unkeyed RJ45 jacks that are Category 5e or Category 6 compliant. If outlet types are building specific, the successful Bidder will compile this list during building inspection. 3. Racks/Trays/Shelves/Enclosures/Backboards/Wire Management: The successful Bidder will supply pricing (with installation included) for racks, trays, shelves, enclosures, and wire management supplies not included in a standard installation. This list will be compiled by the successful Bidder during the building inspections. Backboards must be painted with fire retardant paint. Plywood, or material rated at a higher quality than plywood, will be not less than 3/inches thick. 4. Wire Molding/Raceways: Any wire molding and/or raceways (used when wall is solid) shall conform to the existing molding and/or raceways currently installed in the facility and should be installed in such a manner as to be as inconspicuous as possible. 5. Station Cables: All drops will have the appropriate number of wall plate to station cables/patch cords and IDF interconnect cables with the total length of the two combined not to exceed 20 feet, unless otherwise specified. 6. Grounding: Grounding shall meet the appropriate NEC requirements and practices. Any and all communications closets shall have an appropriate access to the facility's common ground. 7. Termination: Price estimates for each job shall include all parts and labor required to complete the job. 8. Vertical Runs/Core Drilling: All vertical runs should, whenever possible, be installed inside existing vertical paths. Pricing for core drilling will be developed on a per job basis. 9. Labeling/Identification/Tagging; All wiring entering a common communications closet must be appropriately identified (labeled or tagged). Identification plan to be presented to and approved by the proper authority prior to installation. In a facility with existing wiring, identification plan must conform to current methodology. All wiring drops must be uniquely identified. Any abandoned wiring due to the modification or maintenance of a facility must be properly labeled "Abandoned" at the Parch Panel. 10. Installation of Drops: All drops shall be installed within the following constraints: All wiring shall be installed in a neat professional manner. All wiring shall be properly labeled (identified) in a manner that will be preserved through normal wear. All wiring shall be installed observing any and all electrical and building codes and any applicable standard industry practices. All wiring shall be installed, whenever possible, within the wall cavity(when this is not possible, the appropriate predefined wire molding and box is to be installed). 3.9 FIBER OPTIC GUIDELINES Unless otherwise specified or agreed by the City and the successful Bidder, all fiber optic installations must be either equal to or better than the following specifications. A. Type: Multimode 62.5/125um (microns) Fiber Optic Cable. Singlemode 8.3/125um (microns) Fiber Optic Cable Product must be from one of the following manufacturers, or approved equal. Either must provide a manufacturer's extended warranty: Lucent Technologies Siecor B. Connections/Termination: Unless otherwise specified, all fiber optic connecting hardware, cable, etc. shall be installed and terminated according to all applicable standards, codes, and manufacturer's recommendations. Acceptable termination methods are: UV; heat aired; and cam-locking mechanical. Only a decibel (dB) loss of.75 or less per connector or 1.5 dB per connector pair will be acceptable. C. Testing: 1. Multimode Backbone Fiber: Unidirectional Insertion Loss (Power Meter)Attenuation Test at 850nm and 1330nm wavelengths and Unidirectional OTDR (Optical Time Domain Reflectometer) Test at 850nm and 1330nm wavelengths on each multimode fiber. Furthermore, each fiber shall not exceed 3.75 dB per km and must provide a minimum of 160 MHz of bandwidth per km per at 850nm. In addition, each fiber shall not exceed 1.5 dB per km and must provide a minimum of 500 MHz of bandwidth per km at 1330nm. 2. Single Mode Backbone Fiber: Unidirectional Insertion Loss (Power Meter) Attenuation Test at 1300nm and 1550nm wavelength and Unidirectional OTDR Test at 1300nm and 1550nm wavelengths on each single mode fiber. Furthermore, each fiber shall not exceed 1.5 dB per km at 1300 nm. In addition, each fiber shall not exceed 1.25 dB per km at 1550 nm. Written test results are to be presented to the proper authority prior to the acceptance by the City of the completed work. 3.10 COAXIAL CABLE SPECIFICAITONS—CABLE TV OR VIDEO Unless otherwise specified or agreed to be the City and the successful Bidder, all cable television or video installations must be either equal to or better than the following specifications. A. Type: RG6 — employing quad shield, foam dielectric, PVC jacket and employing the following construction: bonded foil, 60% braid, non-bonded tape, 42% braid, PVC jacket Recommended manufacturer or approved equal: Comscope F6SSV or F6SSW* *When installed in an air return ceiling or when plenum cable is required. (Must meet NEC Article 820 V rating). B. Connections/Termination: 1. CONNECTOR: Type: EX6—Universal Compression Fitting for 6 Series Cable Construction: Moisture-tight patented design. Universal on 60% to Quad Cable. 1 Piece Construction. Recommended manufacturer or approved equal: PPC EX6 2. WALLPLATE: Type: F-81 connector with terminator Construction: Flush mount with a standard F-81 0dB isolation thru connector terminated with a standard "F"type 75-ohm terminator. Recommended manufacturer or approved equal: Passive Devices WP-81 3. CRIMP TOOL: Type: All Series' Compression Assembly Tool Construction: Two set of jaws, precision designed — one set for 59 & 6 connectors. Spring loaded, split jaws position the cable and connector for easy insertion and removal. Recommended manufacturer or approved equal: Cablematic CR-59QL TERMINATION: All drops must terminate at a wall plate. The originating end is to be connected by the City in the wiring closet or similar point of origin. C. Testing: With an Ohmmeter at originating end, tests must be conducted to ensure 75 Ohm termination. Also, the successful Bidder must conduct an RF broadband sweep at 5 — 500 MHz and submit printed test results to the City. 3.11 TRENCHING GUIDELINES Successful Bidder should be capable of performing any Trench work necessary for the completion of installation or maintenance of any Telecommunications media. Successful bidder is responsible entirely for locating any underground- utilities prior to the commencement of any trench work. Successful Bidder is responsible if any disruption of any underground utilities occurs at no additional cost to the City. 3.12 FIRE SAFETY AND QUALITY OF INSTALLATIONS Of particular concern is fire safety and quality with regards to the installation of any and all cabling and associated hardware. Because cabling represents a substantial fire load it is prudent for the City to ensure that any cabling, wiring, and any associated product is of the highest quality and installed in such a way as to preclude or minimize potential hazards. Many times established standards, codes, and the like, are general in nature and, as such, one product line may be superior to another yet both meet the requirements of a concerned industry standard. It shall be the policy that the more favorable product with regards to quality and safety be utilized. It shall be incumbent upon the successful Bidder to be familiar with the products in use in the industry and to submit quotes for the safest and highest quality product. Fire safety and quality concerns include the method of installation as well as post-installation clean-up operations. A. Installation: All installations must be in accordance with applicable code. When discretion permits more than one alternative, the decision which favors the City and as determined by the proper authority will prevail. For example, in the absence of running distribution wiring in a conduit provided for same, the wiring shall be run along a course which provides maximum access to the associated ceiling space being affected by the installation and precludes, as much as possible, the spread of fire is so affected. Many times wiring is simply strung from one point to the nearest point across a section of ceiling space under the auspices of the "shortest distance between two points is a straight line". In cases where the new wiring supplements existing wiring, the new wiring should be placed in a manner consistent with the existing wiring. In cases, where the new wiring replaces existing wiring or in the absence of existing wiring, all applicable codes, City standards, and generally accepted wiring practices shall determine placement of wiring. All wiring and/or cabling shall be bundled at appropriate intervals and labeled at not less than at terminating points on either end of the run. All wiring runs shall be continuous between termination points with no splices. B. Minimum Standards For Horizontal Runs: The city-wide standard for horizontal cabling and/or wiring, also known as distribution cabling and/or wiring, shall meet the following criteria: Communications-Plenum (CMP) as defined in National Fire Protection Agency (NFPA) 262, also know as Underwriters Laboratories (UL) 910, must not be a hybrid or composite construction of which would include wiring in which all pairs are not insulated (e.g., "2 by 2"where two pairs out of four are not insulated, etc.) Wiring must be CMP "4 by 0" (all four pairs are insulated) Category 5e with 100% Fluorinated Ethylene Propylene (FEP) Wire Insulation and Jacketing Materials rated 200 degrees Centigrade by UL and be in full compliance with NFPA 90A. C. Minimum Standards For Vertical Runs: The city-wide standard for vertical cabling and/or wiring, also known as riser or back-bone cabling and/or wiring, will meet the following criteria: Communications-Riser as defined in UL 1666. Wiring must be installed in steel conduit and fire-stopped where it enters wiring closets. D. Hardware Installation Standard: All wiring shall terminate in wall plates or surface mount boxes as per work plan, except where specified otherwise. The type of wall plate or surface mount box should be consistent in appearance and functionality with existing hardware, where applicable. Faceplates and the like must be installed straight and the use of a level may be required for same. All mounting hardware will be utilized — for example, a faceplate that provides four (4) access holes for mounting screws must in fact be mounted with all (4) screws rather than less than the prescribed four(4). Unless otherwise specified, surface mounted hardware must use screws for attachment: not adhesive. E. Testing: All installation work must be tested to ensure proper operation. Of particular concern is the testing of telephone-type wiring, in that pairs can easily be cross-connected, thereby providing a sounding signal but not a proper and required dial tone. In some cases, the successful Bidder may be required to conduct complete or partial testing or re-testing in the presence of the Contract Administrator and/or designee at no additional cost to the City. In cases where the connection of the equipment to the wiring installation occurs after the wiring installation, the successful Bidder will be required to return and resolve any problems that may be discovered at no additional cost to the City. F. Clean-Up: Emphasis on clean-up must be stressed. The successful Bidder is expected to have on site, personally owned vacuum cleaning-type equipment capable or removing dust and other debris left as a result of any work performed. The successful Bidder will remove from City property all recyclable materials, waste, dust, trash, debris, and garbage (waste) associated with any work activity at no additional cost to the City. If a trash bin (dumpster) is required, same will also be at no cost to the City. The successful Bidder is cautioned that areas which would normally be out of sight are to be cleaned-up as well and as such wire stripping and the like is not to be left in telephone rooms, ceiling spaces, etc. When it is necessary to remove ceiling tiles it will be the policy that same are to be removed for only a short period of time considering that the proper placement of ceiling tiles are an integral part of the facility's smoke evacuation and HVAC systems. The removal of these tiles adversely affects safety, comfort, and energy cost. Should a project require the removal of ceiling tiles for a period longer than a normal work day period, all removed tiles will be replaced at the end of the work day. Miami Waveguide Quality Business Communications Wiring Telephone Inc. of Pompano of Doral Corp. of Bch. Fl FL Miami FL Description UOM Unit Price Unit Unit Price Price Hourly to be billed when quoting specific jobs and will include all labor, profit, travel etc.. Laborer/helper, Regular 1 Hourly Rate Monday thru Hour $35.00 $10.00 $20.00 Friday 8:OOAM-5:OOPM Laborer/Helper, After Hours 2 Hourly Rate(Monday thru Hour $38.50 $15.00 $25.90 Friday, 5:00PM-8:00AM, Weekends and Holidays) 3 Technician, Regular Hourly Hour $38.50 $45.00 $35.00 Rate Technician,After Hours 4 Hourly Rate(Monday thru Hour $38.50 $45.00 $40.00 Friday, 5:OOPM-8:OOAM, Weekends and Holidays) 5 Supervisor, Regular Hourly Hour $43.75 $1.00 $35.00 Rate Supervisor After Hours Hourly 6 Rate Monday thru Friday, Hour $48.13 $1.00 $40.00 5:OOPM-8:OOAM, Weekends and Holidays) Delivered Product Cost Only 7 100 ft Category 6 Quad Each $28.64 $30.00 $115.20 Cable, Plenum 8 100 ft Category 5e Quad $17.83 $20.00 $72.00 Cable, Plenum 9 100 ft 8-Strand 62.5/125 um Each $136.85 $30.00 $93.60 Optical Fiber Cable Riser 10 100 ft 100-Pair Gel Filled Each $320.85 $50.00 $308.40 Cable 24 AWG 11 100 ft 12-Pair Gel Filled Direct Each $57.50 $10.00 $55.20 Buried Cable 12 100 ft 200-Pair Gel Filled Each $615.25 $50.00 $606.00 Cable 24 AWG 13 100 ft 300 Pair Gel Filled Each $908.50 $75.00 $851.00 Cable 24 AWG 14 100 ft 4-Pair STP 324 AWG Each $23.00 $30.00 $48.00 Gel Filled CatS 15 100 ft 6-Pair Gel Filled Cable Each $44.85 $10.00 $34.50 16 100 ft 6-Strand Fiber Optic Each $59.80 $45.00 $49.20 Cable I/O 17 X000 ft 12-Strand Fiber Optic Each $113.85 $50.00 $98.09 18 100 ft RG6 Coaxial Cable Each $35.65 $30.00 $33.10 Plenum 19 3 ft Patch Cord Cat 5E Each $1.44 $1.00 $0.95 20 4 ft Patch Cord Cat 5E Each $1.55 $1.00 $3.33 21 6 ft Patch Cord Cat 5E Each $1.78 $1.00 $3.86 22 8 ft Patch Cord Cat 5E Each $2.13 $1.00 $4.38 23 10 ft Patch Cord Cat 5E Each $2.30 $1.00 $2.25 24 12 ft Patch Cord Cat 5E Each $2.59 $1.00 $4.70 25 16 ft Patch Cord Cat 5E Each $3.74 $1.00 $5.05 26 20 ft Patch Cord Cat 5E Each $5.18 $1.00 $3.50 27 3 ft Patch Cord Cat 6 Each $3.74 $1.00 $1.47 28 6 ft Patch Cord Cat 6 Each $4.89 $1.00 $4.96 29 8 ft Patch Cord Cat 6 Each $5.41 $1.00 $5.37 30 10 ft Patch Cord Cat 6 Each $5.74 $1.00 $2.51 31 12 ft Patch Cord Cat 6 Each $6.33 $1.00 $5.88 32 16 ft Patch Cord Cat 6 Each $7.19 $1.00 $6.51 33 20 ft Patch Cord Cat 6 Each $8.63 $1.00 $4.05 34 1 meter SC to SC Patch Cord Each $20.70 $10.00 $10.60 Multimode 35 1 meter ST to ST Patch Cord- Each $18.40 $10.00 $10.60 Multimode 36 1 meter ST to SC Patch Cord- Each $19.55 $10.00 $10.60 Multimode 37 1 meter LC to LC Patch Cord- Each $21.85 $10.00 $11.50 Multimode 38 1 meter LC to SC Patch Cord Each $20.70 $10.00 $11.95 Multimode 39 10 meter SC to SC Patch Each $36.80 $10.00 $14.10 Cord-Multimode 40 10 meter ST to ST Patch Each $34.50 $10.00 $14.10 Cord-Multimode 41 10 meter ST to SC Patch Each $35.65 $10.00 $14.10 Cord-Multimode 42 10 meter LC to LC Patch Each $39.10 $10.00 $14.85 Cord-Multimode 43 10 meter LC to SC Patch Each $37.95 $10.00 $14.25 Cord 44 30 meter duplex SC/LC Fiber Each $71.30 $10.00 $38.32 Optic Patch Cord 45 3 ft Patch Cord RG6 Each $2.82 $1.00 $2.50 46 6 ft Patch Cord RG6 Each $3.62 $1.00 $3.10 47 8 ft Patch Cord RG6 Each $4.08 $1.00 $5.10 48 10 ft Patch Cord RG6 Each $4.54 $1.00 $10.15 49 12 ft Patch Cord RG6 Each $5.18 $1.00 $12.80 50 RG6-F Connectors Each $0.86 $1.00 $0.95 51 50 Mic. MTRJ Connectors Each $19.83 $1.00 $5.00 52 Modular Jack Cat 5e Each $3.74 $4.00 $1.90 53 Modular Jack Cat 6 Each $4.54 $5.00 $2.95 54 Modular Face Plate Front Each $1.27 $2.00 $1.66 Loading 55 Furniture Plate Each $2.76 $3.00 $2.98 56 Wall Phone Plate Each $5.64 $5.00 $1.35 57 Surface Mount Box Each $2.76 $6.00 $1.55 58 7 ft X 19 in. Relay Rack Each $132.25 $100.00 $122.30 59 Item Deleted $0.00 $0.00 $0.00 60 Item Deleted $0.00 $0.00 $0.00 61 Item Deleted $0.00 $0.00 $0.00 62 Re-usable One-Wrap Ties Each $0.31 $1.00 $0.06 63 12 inch Ladder Rack (Length Each $85.10 $60.00 $77.00 10ft) 64 18 inch Ladder Rack (Length Each $97.75 $60.00 $95.00 10ft) 24 65 10ft)inch Ladder Rack (Length Each $125.35 $60.00 $110.71 66 23 inch Single Sided Vented Each $136.85 $35.00 $136.71 Shelf(Black) 67 24 inch Open Swing Gate Each $194.35 $50.00 $205.00 Rack 68 48 inch Swing Gate Each $297.85 $50.00 $255.00 Wall Mount Cabinet 69 24X24X24 with Plexiglass Each $550.85 $100.00 $535.00 Door Wall Mount Cabinet 70 36X24X24 with Plexiglass Each $619.85 $100.00 $595.00 Door Wall Mount Cabinet 71 48X24X24 with Plexiglass Each $757.85 $100.00 $675.00 Door 72 19 inch Equipment Shelf Each $132.25 $25.00 $49.00 73 Fiber Optic 12-36 ST LIU Each $126.50 $100.00 $159.00 (Rack Mounted) 74 Fiber Optic 12-72 Strand LIU Each $251.85 $100.00 $218.00 Panel 75 Fiber Blank Panel Each $2.28 $1.00 $6.50 76 Fiber Optic 6-18 Port Panels Each $124.59 $30.00 $245.00 Unloaded 77 Fiber Optic SC 6 Pack Panel Each $58.65 $30.00 $59.00 Duplex 78 Fiber Optic LC 6 Pack Duplex Each $56.35 $30.00 $63.00 Conn Panel 79 12 Port Consolidation Point Each $75.50 $30.00 $42.00 Block Category 5E 80 12 Port Consolidation Point Each $103.59 $40.00 $58.00 Block Category 6 81 24 Port Patch Panel Category Each $92.00 $45.00 $65.00 5E 568 A/B 82 48 Port Patch Panel Category Each $184.00 $60.00 $105.00 5E 568 A/B 83 2Port Patch Category 6 568 Each $109.25 $60.00 $89.00 A/B 84 �B ort Patch Category 6 568 Each $218.50 $80.00 $150.00 85 110 Connecting Block 4-Pair Each $0.75 $1.00 $6.13 86 Cat 5e 50-Pair 110 Wiring Each $25.30 $5.00 $8.56 Block with Legs 87 Cat 5e 100-Pair 110 Wiring Each $29.90 $10.00 $19.75 Block with Legs 88 Cat 5e 300-Pair 110 Wiring Each $82.80 $20.00 $34.06 Block with Legs 89 Modular 66 Cross Connect Each $7.48 $7.00 $8.34 Block 90 10 ft Non-Metallic Surface Each $2.63 $12.00 $19.20 Raceway 91 10 ft Flexible PVC FloorTrak Each $24.54 $15.00 $29.60 92 Item Deleted $0.00 $0.00 $0.00 93 Item Deleted $0.00 $0.00 $0.00 94 10 ft EMT 1/4 inch Conduit Each $2.29 $2.00 $29.70 95 10 ft EMT 1/2 inch Conduit Each $2.29 $2.00 $29.70 96 10 ft EMT 3/4 inch Conduit Each $4.42 $3.00 $45.40 97 10 ft EMT 1 inch Conduit Each $7.49 $6.00 $70.30 98 10 ft EMT 1 1/2 inch Conduit Each $14.89 $10.00 $139.50 99 10 ft EMT 2 inch Conduit Each $17.74 $12.00 $169.90 100 10 ft EMT 3 inch Conduit Each $36.19 $20.00 $339.90 101 10 ft EMT 4 inch Conduit Each $42.42 $25.00 $449.90 102 10 ft PVC 1/4 inch Conduit Each $1.90 $30.00 $19.50 103 10 ft PVC 1/2 inch Conduit Each $1.90 $2.00 $19.50 104 10 ft PVC 3/4 inch Conduit Each $2.31 $2.00 $25.10 105 10 ft PVC 1 inch Conduit Each $3.35 $3.00 $34.10 106 10 ft PVC 1 1/2 inch Conduit Each $5.59 $4.00 $53.60 107 10 ft PVC 2 inch Conduit Each $7.09 $10.00 $69.60 108 10 ft PVC 3 inch Conduit Each $14.65 $20.00 $130.20 109 10 ft PVC 4 inch Conduit Each $20.25 $25.00 $179.80 110 Fiber Optic PVC Innerduct 1 L.Ft. $0.32 $2.00 $0.45 inch 111 Fiber Optic PVC Innerduct 1 L.Ft. $0.45 $3.00 $0.90 1/2 inch 112 Fiber Optic Plenum Innerduct L.Ft. $2.01 $2.00 $1.96 1 inch 113 Fiber Optic Plenum Innerduct L.Ft. $2.98 $3.00 $2.99 1 1/2 inch 114 NEMA 12X12X6 Box PVC Each $34.25 $10.00 $45.36 115 NEMA 24X24X8 Box PVC Each $130.78 $10.00 $855.71 116 Standard Box 1.78 inch Deep Each $3.66 $7.00 $1.95 1 Gang Device Box Black Board, Flush Mounted, 117 Each $281.75 $50.00 $35.00 4'X8' Fire Retardant 118 Black Board, Flush Mounted, Each $136.85 $20.00 $25.00 4'X4' Fire Retardant 119 Black Board, Flush Mounted, Each $136.85 $20.00 $19.50 2'X8' Fire Retardant Parts and Labor Costs 120 Item Deleted $0.00 $0.00 $0.00 121 Installation of Conduit and all L.Ft. $11.71 $1.00 $3.15 Related Hardware \ATIO\ALI PA Information Technology Solutions, including desktops, notebooks,servers,software, peripherals and services Executive Summary Lead Agency:City of Tucson,AZ Solicitation: RFP#130733 RFP Issued:January 22, 2013 Pre-Proposal Date:January 29, 2013 Date Open: February 19,2013 Proposals Received:4 Awarded to: The City of Tucson,AZ Department of Procurement issued RFP#130733 on January 22, 2013,to establish a national cooperative contract for informational technology solutions. Notice of the solicitation was sent to potential offerors,as well as advertised in the following: • City of Tucson,AZ website • Hawaii Tribune—Herald, HI • Daily Journal of Commerce, OR • Times Union, NY • The State,SC • The Olympian,WA • National IPA website On February 19, 2013, proposals were received from the following offerors: • Intertech • En Pointe Tech • GBH Communications • CDW Government The proposals were evaluated by an evaluation committee. Using the evaluation criteria established in the RFP, the committee discussed the relative strengths and weaknesses of the proposals,scored and ranked the proposals. As a result,the committee recommended entering into exclusive negotiations with the intent to award to the top ranked firm,CDW Government. The City of Tucson,AZ,and CDW Government successfully negotiated a contract and the City of Tucson executed the agreement with a contract effective date of August 18, 2013. Page 1 of 2 Contract includes: A comprehensive product and service offering including desktops, notebooks,servers,software, peripherals, cloud computing,consulting/analysis,design,technical support, leasing/financing,trade-ins, repair, configuration/system configurations, implementation,training, maintenance, installation, system testing, upgrades,and imaging. Term: Initial one year agreement from August 18, 2013 through August 17, 2014,with option to renew for four (4) additional one-year periods through August 17, 2018. Pricing/Discount: Discount off product categories with an additional 2%discount on Hewlett Packard products. Page 2 of 2 CityIbfirucsone 8 Contracts For InformationaIE Technology[ olutionsa Includinga lesktops,Chotebooks,Citervers,f oftware,CPeripherals[lindE ervicese With CDWL13overnment[LECe 8 Effective:[ ugust1218,[ 0138 0 The[following[locumentsL ompriselhe •xecutedC contract[ etweenahelltityl fQucsoni ndIEDWI] Government,[PLC[ CDW-G),C1ffectiveC ugusta8,[ 013:t1 I. Signed®fferr ndf \cceptance1:1 II. FinaIlIWegotiatedI FermsI nd[Conditions III. CDW-G'sEiltesponseiol1he liRequest[1or[IProposaI IV. Thellerms[endllonditionsUbfI heE Request lfor[1Proposal,®ncorporatedI yEteference CITY OF TUCSON DEPARTMENT OF PROCUREMENT REQUEST FOR PROPOSAL NO.130733 255 W.ALAMEDA,6TH FLOOR,TUCSON,AZ 85701 PAGE 25 OF 26 CONTRACT OFFICER: NATHAN DAOU . PH:(520)837-4136 I FAX:(520) 791-4735 OFFER AND ACCEPTANCE OFFER TO THE CITY OF TUCSON: The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions, specifications,and amendments in the Request for Proposal which is incorporated by reference as if fully set forth herein. For clarification of this offer,contact: CDW Government LLC Name: Larissa Newman Company Name 230_N Milwaukee Ave Title: Proposal Specialist Address Vernon Hills IL 60061 Phone: 866,259.0569 City (fbij State_. ` Zip iFax: 312.7524078 Signature of Per jU7Lt_bi/A14_ on Authorized to Sign Tara K.Barbieri E-mail: larinew@cdw.com Printed Name Director,of Program Sales Title ACCEPTANCE OF OFFER The Offer is hereby accepted.The Contractor is now bound to sell the materials or services specified in the Contract.This Contract shall be referred to as Contract No. 13 0733 . CITY OF TUCSON,a municipal corporation 2013. Awarded this.:: 0 day of ,2013. Approved as to form this �f�day of_lie<-,�X �3 Y Kay • 11 LA) A As Tucson City Attort y and not personally Marchetti Gillespie,C.` CPPf,CP"B,CI)? As Interim Director of • 4rement and not personally ii Negotiated Terms and Conditions CDW-G hereby acknowledges that the terms and conditions contained within this document accurately reflect the terms and conditions that were negotiated and mutually agreed up by the City of Tucson and CDW-G. Further, CDW-G acknowledges that these terms and conditions will govern any contract that results from RFP #130733. Concurrence: Atel 1 G- t,a' /0 ((71 /1 Z(') CDW-G I Date Scope of Work 7. Except for certain products that are uniquely customized to City specifications, which shall be indicated at the time of Quote, all defective products shall be identified within thirty (30) days of receipt and will then be replaced and exchanged by the Contractor. The cost of transportation, unpacking, inspection, re-packing, re-shipping or other like expenses shall be paid by the Contractor. All replacement products must be received by the City within seven (7) days of initial notification. Uniquely customized products are typically indicated by the inclusion of the designation "CTO," "BTO" or "Customer's Name" in the product description of the item. When providing a quote for products that are uniquely customized to City specifications, Contractor shall include the following statement on the quote: "This quote contains a custom item. This item may not be able to be returned, depending on manufacturer restrictions." Special Terms and Conditions 1. COOPERATIVE PURCHASING: Any Contract resulting from this solicitation shall be for the use of the City of Tucson. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the City of Tucson's Department of Procurement are eligible to participate in any subsequent Contract. See http://www.tucsonprocurement.comicoop_partners.aspx and click on Cooperatives for a list of the public and nonprofit agencies that have currently entered into Cooperative Purchasing Agreements with the City of Tucson. Additionally, this contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See http i!yA w mar!coda.gov,'Mat eriais;PubDocumentsiSAVE-rnembe s.odf for a listing of participating agencies. The parties agree that these lists are subject to change. Any orders placed to, or services required from, the successful Contractor(s) will be requested by each participating agency. Payment for purchases made under this agreement will be the sole responsibility of each participating agency. The Contractor may negotiate additional expenses incurred as a result of participating agencies' usage of this contract (i.e., freight charges, travel related expenses, etc.). The City shall not be responsible for any disputes arising out of transactions made by others. The Contractor(s) will provide an electronic copy of the complete Contract to the City of Tucson Department of Procurement upon receipt of the Notice of Intent to Award. At the City's request, the successful Contractor(s) may also be requested to provide an electronic copy of the complete Contract to a participating agency. Negotiated Terms and Conditions for RFP#130733 Page 1 of 10 2. FOB DESTINATION FREIGHT PREPAID: Prices shall be FOB Destination Freight Prepaid to the delivery location designated. Contractor shall retain title and control of all goods until they are delivered and the Contract of coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Contractor. All claims for visible or concealed damage shall be filed by the Contractor. The City will assist the Contractor in arranging for inspection. If the City provides the Supplier with the City's carrier account number or selects a carrier other than a carrier that regularly ships for the Supplier, title to products and risk of loss or damage during shipment pass from the Supplier to the City upon delivery to the carrier and the customer shall pay for the shipping charges (F.O.B. Origin, freight collect). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and the City's rights therein are contained in the license agreement between such licensor(s) and the City. 3. PAYMENTS: All payments made by the City of Tucson for goods or services will be made to the vendor named on the Offer and Acceptance form. If you do not wish payment to be made to that address, you must submit an attached sheet indicating the proper mailing address with this bid. 4. RIGHT TO TERMINATE FOR CHANGE IN OWNERSHIP OR MATERIAL RESTRUCTURE OF THE CONTRACTOR: In addition to Termination of Contract, in the Standard Terms and Conditions section of this solicitation and resulting contract, the City reserves the right to cancel the whole or part of this contract within 60 days written notice of the completion of any material change of ownership in the Contractor's company, including its sale, merger, consolidation or dissolution. 5. FEDERAL, STATE AND LOCAL TAXES, LICENSES AND PERMITS: The Supplier shall comply with all Federal, State, and local licenses and permits required for the operation of the business conducted by the Supplier as applicable to this Contract. The Supplier shall, at no expense to the City, National IPA, or other Participating Agencies, procure and keep in force during the entire period of the Agreement all such permits and licenses. 6. PRICE ADJUSTMENT: The City will review fully documented requests for price adjustment after any Contract has been in effect for one (1) year. Any price adjustment will only be made at the time of Contract renewal and/or extension and will be a factor in the extension review process. The City will determine whether the requested price adjustment or an alternate option, is in the best interest of the City. Any price adjustment will be effective upon the effective date of the Contract extension. 7. TERM AND RENEWAL: The term of the Contract shall commence upon award or August 18, 2013, whichever is later, and shall remain in effect for a period of one (1) year, unless terminated, canceled or extended as otherwise provided herein. The Contractor agrees that the City of Tucson shall have the right, at its sole option, to renew the Contract for four (4) additional one-year periods or portions thereof. In the event that the City exercises such rights, all terms, conditions and provisions of the original Contract shall remain the same and apply during the renewal period with the possible exception of price and minor scope additions and/or deletions. Negotiated Terms and Conditions for RFP#130733 Page 2 of 10 Standard Terms and Conditions 1. ADVERTISING: Contractor shall not advertise or publish information concerning this Contract without prior written consent of the City's Director of Procurement. 2. AFFIRMATIVE ACTION: Contractor shall abide by the provisions of the Tucson Procurement Code Chapter 28, Article XII. 3. AMERICANS WITH DISABILITIES ACT: The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101, et seq.) and applicable Federal regulations under the Act. 4. APPLICABLE LAW: This Contract shall be governed, and the City and Contractor shall have all remedies afforded to each, by the Tucson Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Pima County Superior Court. 5. ASSIGNMENT-DELEGATION: No right or interest in this Contract shall be assigned by the Contractor without prior written permission of the City, and no delegation of any duty of the Contractor shall be made without prior written permission of the City's Director of Procurement. The City shall not unreasonably withhold approval and shall notify the Contractor of the City's position by written notice. 6. CERTIFICATION OF COMPLIANCE WITH A.R.S. SEC. 35-393 ET SEQ.: By signing this contract, the Contractor certifies that it does not have scrutinized business operations in Iran as required by A.R.S. sec. 35-393 et seq. If the City determines that the Contractor has submitted a false certification, the City may impose remedies as provided in the Tucson Procurement Code up to and including termination of this contract. 7. CHILD/SWEAT-FREE LABOR POLICY: The Contractor shall comply with all applicable provisions of the United States Federal and State Child Labor and Worker's Right laws and agrees if called upon to affirm in writing, that they, and any subcontractor involved in the provision of goods to the City, are in compliance. 8. CLEAN UP: The Contractor shall at all times keep the contract area, including storage areas used by the Contractor, free from accumulation of waste material or rubbish and, prior to completion of the work, remove any of its rubbish from the premises and all tools, scaffolding, equipment and materials that are the property of the Contractor. Upon completion of the repair, the Contractor shall leave the work and premises in the same condition as before thw work began,excepting normal wear and tear. 9. COMMENCEMENT OF WORK: The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives purchase order or is otherwise directed to do so, in writing, by the City. 10. CONFIDENTIALITY OF RECORDS: The Contractor shall establish and maintain procedures and controls that are acceptable to the City for the purpose of assuring that no information contained in its records or obtained from the City or from others in carrying out its functions under the Contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the City. Information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the City. Negotiated Terms and Conditions for RFP#130733 Page 3 of 10 11. CONTRACT AMENDMENTS: The Procurement Department has the sole authority to: A.Amend the contract or enter into supplemental verbal or written agreements; B. Grant time extensions or contract renewals; C. Otherwise modify the scope or terms and provisions of the contract. This Contract shall only be modified with the approval of the Department of Procurement. Except in the case of a documented emergency, approval must be granted prior to performance. Any contract modification not explicitly approved by the Procurement Department through a written contract amendment or change order is performed at the sole risk of the Contractor and may not be eligible for payment by the City. 12. CONTRACT: The Contract shall be based upon the Request for Proposal issued by the City and the Offer submitted by the Contractor in response to the Request for Proposal. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the Request for Proposal. The City reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial non-conformity in the offer, as determined by the City's Director of Procurement, shall be deemed non-responsive and the offer rejected. The Contract shall contain the entire agreement between the City of Tucson and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form. 13. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming materials in each installment or lot of this Contract and may not substitute nonconforming materials. Delivery of nonconforming materials, or default of any nature, may constitute breach of the Contract. Noncompliance may be deemed a cause for possible Contract termination. 14. DUPLEXED!RECYCLED PAPER: In accordance with efficient resource procurement and utilization policies adopted by the City of Tucson, the Contractor shall ensure that, whenever practicable, all printed materials produced by the Contractor in the performance of this Contract are duplexed (two-sided copies), printed on recycled paper and labeled as such. 15. EXCLUSIVE POSSESSION: Except as otherwise set forth in a Statement of Work for Services: (i) upon payment in full, Contractor assigns to the City of Tucson Contractor's entire right (including copyright), title and interest in and to the Deliverables (meaning any materials specifically and uniquely created and prepared by Contractor pursuant to this Agreement and identified by the capitalized term, Deliverable, in the applicable Statement of Work); and (ii) the City of Tucson grants to Contractor an exclusive (except as to the City of Tucson), royalty-free, perpetual, irrevocable and, fully paid license to create, develop, use, and distribute works that are based upon or derived from the Deliverables, including works that are similar in function, structure, sequence, or organization, so long as such works do not contain the City of Tucson's Confidential Information. As between the City of Tucson and Contractor, Contractor will retain all right, title and interest in and to Pre-existing Work (meaning materials and work product, including all intellectual property rights therein, that existed prior to the creation of the Deliverable(s) and that were not, prior to Contractor's commencement of the Services, already owned by the City of Tucson). The City of Tucson's sole right to Pre-existing Work will be, upon payment in full, a non-transferable, non-exclusive, royalty-free, perpetual, irrevocable and fully paid license to use the Pre- existing Work only for the City of Tucson's internal use and only to the extent that it is incorporated into the Deliverables. The foregoing license does not authorize the City of Tucson's to use Pre-existing Work separately from the Deliverables. The City of Tucson's further acknowledges and agrees that its right to Negotiated Terms and Conditions for RFP#130733 Page 4 of 10 use the Deliverables containing any third party intellectual property rights may be subject to the rights of third parties and limited by agreements with such third parties. 16. FEDERAL IMMIGRATION LAWS AND REGULATIONS: Contractor warrants that it complies with all Federal Immigration laws and regulations that relate to its employees and complies with A.R.S. § 23- 214(A) and that it requires the same compliance of all subcontractors under this Contract. Contractor acknowledges that pursuant to A.R.S. § 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Contract subject to penalties up to and including termination of this Contract. The City retains the legal right to audit the records of the Contractor and inspect the papers of any employee who works for the Contractor to ensure compliance with this warranty and the Contractor shall assist in any such audit. The Contractor shall include the requirements of this paragraph in each contract with subcontractors under this Contract. If the Contractor or subcontractor warrants that it has complied with the employment verification provisions prescribed by sections 274(a) and 274(b) of the Federal Immigration and Nationality Act and the E-verify requirements prescribed by A.R.S. § 23-214(A), the Contractor or subcontractor shall be deemed to be in compliance with this provision. The City may request proof of such compliance at any time during the term of this Contract by the Contractor and any subcontractor. 17. FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition. If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract. 18. GRATUITIES: The City may, by written notice to the Contractor, terminate this Contract if it is found that gratuities, in the form of entertainment, gifts, meals or otherwise, were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City amending, or the making of any determinations with respect to the performing of such Contract. In the event this Contract is terminated by the City pursuant to this provision, the City shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity. 19. HUMAN RELATIONS: Contractor shall abide by the provisions of the Tucson City Code Chapter 28, Article XII. 20. INDEMNIFICATION: To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless City of Tucson, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, damages, losses, expenses, including but not limited to, attorney fees, court costs, and Negotiated Terms and Conditions for RFP#130733 Page 5 of 10 the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor's and Subcontractor's employees. Infringement Indemnity by Contractor To the extent a Party becomes aware, such Party shall promptly and fully notify the other Party of any Claim by any third party asserting that the Use by City or an Authorized User of the Licensed Material infringes or is likely to infringe the Intellectual Property Rights of such third party. Contractor will defend, indemnify and hold harmless City, Authorized Users, and City's directors, officers, employees and agents (collectively, "City Indemnified Parties") from any and all Losses arising from any such Claim, provided that Contractor shall have no obligations to City or City Indemnified Parties under this Paragraph 20 or otherwise, and in such cases, Additional Obligation of Contractor Subject to the forgoing provisions, in the event that any infringement Claim is initiated against Contractor or a City Indemnified Party, or in CDW-G's sole opinion is likely to be initiated for the Contractor is liable in terms of this Paragraph 20, then Contractor shall have the option, at its expense, to either: (a) modify or replace the infringing part of the Licensed Material so that such part is no longer infringing, provided that the functionality and performance of the Licensed Material continues to perform and operate at least in an equivalent manner and with equivalent functionality; or (b) procure for City, Permitted Affiliates, Authorized Users the right to continue using the infringing Licensed Material. In either case, Contractor shall act as promptly as possible and in a manner which will avoid unreasonable disruption to City's operations. If neither of options (a) and (b) under Section 9.2 is reasonably possible or effective, Contractor shall accept the return of the Licensed Material and terminate all rights and licenses granted to City under this Agreement and refund to City an amount equal to the unamortized balance of the License Fee paid by City under this Agreement, calculated on a straight line basis over a period of five years commencing on the Effective Date of this Agreement. The provisions of this Paragraph 20 state Contractor's entire liability and City's sole remedies with respect to infringement. 21. INDEPENDENT CONTRACTOR: It is understood that each party shall act in its individual capacity and not as an agent, employee, partner,joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose. The Contractor shall not be entitled to compensation in the form of salaries, paid vacation or sick days by the City. The City of Tucson will not provide any insurance coverage to the Contractor, including Worker's Compensation coverage. The Contractor is advised that taxes, social security payments, and other withholdings shall not be withheld from a City payment issued under this Contract and that Contractor should make arrangements to directly pay such expenses. Negotiated Terms and Conditions for RFP#130733 Page 6 of 10 22. INSPECTION AND ACCEPTANCE: All material or service is subject to final inspection; and acceptance by the City, except as noted in Defective Product, paragraph 7. Material or service failing to conform to the specifications of this Contract shall be held at the Contractor's risk and may be returned to the Contractor. Any material or service shall be considered accepted by the City unless the City notifies the Contractor in writing within thirty (30) business days of delivery of the applicable material or service. If returned, all costs are the responsibility of the Contractor. Noncompliance may be deemed a cause for possible Contract termination. 23. INTERPRETATION-PAROLE EVIDENCE: This Contract is intended by the parties to be a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in the Contract. Acceptance or consent in the course of performance under this Contract shall not be relevant to determine the meaning of this Contract even though the accepting or consenting party has knowledge of the nature of the performance and the opportunity to object. 24. LICENSES: Contractor shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract. 25. LIENS: All materials, services, and other deliverables supplied to the City under this Contract shall be free of all liens other than the security interest. Security interest shall extinguish upon full payment made by the City. Upon the City's request, the Contractor shall provide a formal release of all liens. 26. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials must fully comply with all provisions of this Contract. If a tender is made which does not fully comply, this shall conform to the termination clause set forth within this document. 27. NON-EXCLUSIVE CONTRACT: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the City of Tucson. The City reserves the right to obtain like goods or services from another source when necessary. 28. OVERCHARGES BY ANTITRUST VIOLATIONS: The City maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the City any and all claims for such overcharges as to the materials or services used to fulfill the Contract. 29. PAYMENT: The City's preferred method of payment is via credit card. The City will issue a Purchase Order and, in some cases, either provide a credit card for payment at the time of ordering or pay subsequent invoices by credit card upon receipt of goods or services in good order. However, not all City employees will possess a credit card and, therefore, the City reserves the right to make payment by check as it deems necessary. Unless payment is made by credit card at time of order or point of sale, a separate invoice shall be issued for each shipment of material or service performed, and no payment shall be issued prior to receipt of material or service and correct invoice. Negotiated Terms and Conditions for RFP#130733 Page 7 of 10 The City shall make every effort to process payment for the purchase of materials or services within twenty-one (21) calendar days after receipt of materials or services and a correct invoice. The Contractor's payment terms shall apply to all purchases and to all payment methods. 30. PROTECTION OF GOVERNMENT PROPERTY: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on City property. If the Contractor fails to do so and damages such property, the Contractor shall replace or repair the damage at no expense to the City, as determined and approved by the City's Director of Procurement. If the Contractor fails or refuses to make such repair or replacement, the City and the Contractor will determine a cost and the Contractor shall be liable for the cost thereof, which may be either reimbursed by the Contractor or deducted from the Contract price, at the option of the Contractor. 31. PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be amended to make such insertion or correction. 32. RECORDS: Internal control over all financial transactions related to this Contract shall be in accordance with sound fiscal policies. The City may, at reasonable times and places, audit the books and records of the Contractor. Said audit shall be limited to verifying Contractor's compliance with this Contract. In the event the audit is performed by an independent third party, the party must execute Contractor's Standard Non-Disclosure Agreement. Contractor is not required to keep original documents and copies of relevant documents will suffice for the purposes of this provision. The audit must be conducted during regular business hours at a mutually agreeable time and upon reasonable advanced notice. 33. RIGHT TO ASSURANCE: Whenever one party to this Contract has reason to question, in good faith, the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as the other party's intent not to perform and as a cause for possible Contract termination. 34. RIGHT TO INSPECT: The City may, at reasonable times, and at the City's expense, inspect the place of business of a Contractor or subcontractor which is related to the performance of any Contract as awarded or to be awarded. 35. RIGHTS AND REMEDIES: No provision in this document or in the Contractor's proposal shall be construed, expressly or by implication, as a waiver by either party of any existing or future right and/or remedy available by law in the event of any claim, default or breach of contract. The failure of either party to insist upon the strict performance of any term or condition of the Contract, to exercise or delay the exercise of any right or remedy provided in the Contract or by law, or to accept materials or services required by this Contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the Contract. 36. SEVERABILITY: The provisions of this Contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Contract which may remain in effect without the valid provision or application. Negotiated Terms and Conditions for RFP#130733 Page 8 of 10 37. SHIPMENT UNDER RESERVATION PROHIBITED: No tender of a bill of lading shall operate as a tender of the materials. Non-compliance shall conform to the termination clause set forth within this document. 38. SUBCONTRACTS: No subcontract shall be entered into by the Contractor with any other party to furnish any of the material/service specified herein without the advance written approval of the City's Director of Procurement. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. 39. SUBSEQUENT EMPLOYMENT: The City may terminate this Contract without penalty or further obligation pursuant to A.R.S. Section 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the Contract, on behalf of the City, is or becomes, at any time while the Contract or any extension of the Contract is in effect, an employee of, or a contractor to, any other party to this Contract with respect to the subject matter of the Contract. Termination shall be effective when written notice from the City's Director of Procurement is received by the parties to this Contract, unless the notice specifies a later time. 40. TERMINATION OF CONTRACT: This Contract may be terminated at any time by mutual written consent, or by the City, with or without cause, upon giving thirty (30) days written notice. The City, at its convenience, by written notice, may terminate this Contract, in whole or in part. If this Contract is terminated, the City shall be liable only for payment under the payment provisions of this Contract for services rendered and accepted material received by the City before the effective date of termination. The City reserves the right to terminate the whole or any part of this Contract due to the failure of the Contractor to carry out any term or condition of the Contract. The City will issue a written ten (10) day notice of default to the Contractor for acting or failing to act as specified in any of the following: In the reasonable opinion of the City, the Contractor provides personnel that do not meet the requirements of the Contract; In the reasonable opinion of the City, the Contractor fails to perform adequately the stipulations, conditions or services/specifications required in this Contract; In the reasonable opinion of the City, the Contractor attempts to impose personnel, materials, products or workmanship of an unacceptable quality; The Contractor fails to furnish the required service and/or product within the time stipulated in the Contract; In the reasonable opinion of the City, the Contractor fails to make progress in the performance of the requirements of the Contract; The Contractor gives the City a positive indication that the Contractor will not or cannot perform to the requirements of the Contract. The Contractor shall have thirty(30) days from receipt of notice from the City to cure any default. Negotiated Terms and Conditions for RFP#130733 Page 9 of 10 Each payment obligation of the City created by this Contract is conditioned upon the availability of City, State and Federal funds that are appropriated or allocated for the payment of such an obligation. If funds are not allocated by the City and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the City at the end of the period for which funds are available. The City will endeavor to notify the Contractor in the event that continued service will or may be affected by non-appropriation. No penalty shall accrue to the City in the event this provision is exercised, and the City shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph. 41. TITLE AND RISK OF LOSS: The title and risk of loss of material or service shall not pass to the City until the City actually receives the material or service at the point of delivery, unless otherwise provided within this Contract. 42. WARRANTIES: The City understands that the Contractor is not the manufacturer of the products purchased by the City hereunder and the only warranties offered are those of the manufacturer, not the Contractor or its affiliates. In purchasing the products, the City is relying on the manufacturer's specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by the Contractor or its affiliates. THE CONTRACTOR AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. THE DISCLAIMER CONTAINED IN THIS PARAGRAPH DOES NOT AFFECT THE TERMS OF ANY MANUFACTURER'S WARRANTY. In connection with the products, certain services, such as extended warranty service by manufacturers, are sold by the Contractor as a distributor or sales agent ("Third Party Services"). In the case of Third Party Services, the third party will be the party responsible for providing the services to the City and the City will look solely to the third party for any loss, claims or damages arising from or related to the provision of such Third Party Services. The City hereby releases the Contractor and its affiliates from any and all claims arising from or relating to the purchase or provision of any such Third Party Services. Any amounts, including, but not limited to, taxes, associated with Third Party Services which may be collected by the Contractor will be collected solely in the capacity as an independent sales agent. Contractor warrants that all material or service delivered under this Contract shall conform to the specifications of this Contract. Mere receipt of shipment of the material or service specified and any inspection incidental thereto by the City shall not alter or affect the obligations of the Contractor or the rights of the City under the foregoing warranties. Additional warranty requirements may be set forth in this document. Negotiated Terms and Conditions for RFP#130733 Page 10 of 10