Amendment 6

Contract Renewal

To State Term Contract 250-000-09-1

Network Infrastructure - Equipment and Services

This Amendment (“Amendment”), effective upon execution, to Network Infrastructure – Equipment and Services Contract, No. 250-000-09-1(“Contract”) is effective between the State of Florida, Department of Management Services (“Department” or “Customer”) and Contractor. Department and Contractor are collectively referred to herein as the “Parties.” All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein.

1.0CONTRACT RENEWAL

The Department hereby executes its renewal option for a one-year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is September 7, 2014.

2.0CONFLICT

To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force.

3.0WARRANTY OF AUTHORITY

Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party.

4.0 REPLACEMENT CONTRACT.

A replacement contract may be established for these services prior to the expiration of this renewed contract. The replacement contract shall supersede and cause early termination of this renewed contract number 250-000-09-1.

State of Florida,Contractor

Department of Management Services

By: ______By: ______

Name: _Kelley J. Scott ______Name: ______

Director of State Purchasing and

Title: __Chief Procurement Officer _____Title: ______

Date: ______Date: ______

Contract No.: DMS 250-000-09-1Page 1 of 79

Amendment 5

To State Term Contract 250-000-09-1

IT Hardware/Network Infrastructure

This Amendment (“Amendment”), effective upon execution, to the IT Hardware/Network Infrastructure Contract(“Contract”) is by and between the State of Florida, Department of Management Services (“Department” or “Customer”) and (vendor name here) (“Contractor”). Department and Contractor are collectively referred to herein as the “Parties.” All capitalized terms used herein shall have the meaning assigned to them in the Contract, unless otherwise defined herein.

1.0REPORTING REQUIREMENTS

This amendment modifies Section 5.6, of ITN No. 17-250-000-Y, as amended by Section III of Amendment 3, to remove the NIGP Code reporting requirements within this contract.

NIGP Code / National Institute of Government Procurement code

2.0CONFLICT

To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force.

3.0WARRANTY OF AUTHORITY

Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party.

State of Florida,Vendor Name Here

Department of Management Services

By: ______By: ______

Name: _Kelly Loll ______Name: ______

Chief Procurement Officer and

Title: __Director of State Purchasing _____Title: ______

Date: ______Date: ______

Amendment 4

to

State Term Contract No.: 250-000-09-1

Information Technology Hardware – Network Infrastructure

This Amendment, effective December 5, 2012, is by and between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and Insight Public Sector, (Contractor), and amends State Term Contract No. 250-000-09-1 (Contract).

Whereas, the Department awarded the Contract to Contractor for the provision of Information Technology Hardware – Networking Infrastructure, pursuant to ITN No. 17-250-000-Y; and,

Whereas, the parties, upon mutual agreement, have discovered an error and are executing this document to correct the error in Amendments 2, and 3; and,

Now therefore, in consideration of the mutual promises contained in the Contract, the parties agree to the following:

  1. AMENDMENT CORRECTION

The Parties agree that the contract was awarded to the contractor for Category 1 (Servers, Terminals, and ThinClients), rather than Category 2 (LAN/WAN Infrastructure Equipment). The discount rates as contained in Amendment 3 are still in full force and effect.

  1. CONFLICT

To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force

  1. WARRANTY OF AUTHORITY

Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party.

State of Florida,Insight Public Sector, Inc.

Department of Management Services

By:______By:______

Name:______Name:______

Title:______Title:______

Date:______Date:______
Amendment 4

to

State Term Contract No.: 250-000-09-1

Information Technology Hardware – Network Infrastructure

This Amendment, effective December 10, 2012, is by and between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and IBM Corporation, (Contractor), and amends State Term Contract No. 250-000-09-1 (Contract).

Whereas, the Department awarded the Contract to Contractor for the provision of Information Technology Hardware – Networking Infrastructure, pursuant to ITN No. 17-250-000-Y; and,

Whereas, the parties, upon mutual agreement, have discovered an error and are executing this document to correct the error in Amendments 2, and 3; and,

Now therefore, in consideration of the mutual promises contained in the Contract, the parties agree to the following:

  1. AMENDMENT CORRECTION

The Parties agree that the contract was awarded to the contractor for Category 1 (Servers, Terminals, and ThinClients), rather than Category 2 (LAN/WAN Infrastructure Equipment). The discount rates as contained in Amendment 3 are still in full force and effect.

  1. CONFLICT

To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force.

  1. WARRANTY OF AUTHORITY

Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party.

State of Florida,IBM

Department of Management Services

By:______By:______

Name:______Name:______

Title:______Title:______

Date:______Date:______

Contract No.: DMS 250-000-09-1Page 1 of 79

Amendment 3

to

State Term Contract No.: 250-000-09-1

Information Technology Hardware – Network Infrastructure

This Amendment, effective September 8, 2012, is by and between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and (Vendor name here), and amends State Term Contract No. 250-000-09-1 (Contract).

Whereas, the Department awarded the Contract to Contractor for the provision of Information Technology Hardware – Networking Infrastructure (Categories listed here), pursuant to ITN No. 17-250-000-Y; and,

Whereas, the parties, upon mutual agreement, may renew the Contract, in whole or in part, for a period that may not exceed three years or the term of the contract; and,

Now therefore, in consideration of the mutual promises contained in the Contract, the parties agree to the following:

  1. CONTRACT RENEWAL

The Department hereby executes its renewal option for a one-year period pursuant to Section 287.057(13), Florida Statutes.

  1. Discount Rate

Upon the effective date of this Amendment, the contractor will provide an average discount rate in Category (list appropriate categories here):

(Categories listed here with appropriate discount pricing)

This discount rate reflects an increased or the same discount rate as the original contract.

  1. REPORTING REQUIREMENTS

Section 5.6, of ITN No. 17-250-000-Y and Section 3.0 of Amendment 2 is superseded and entirely replaced with the following:

5.6 Contract Reporting Requirements

Each Contractor shall submit a sales report on a Quarterly basis. Reportingperiods coincide with the State Fiscal Year:

  • Quarter 1- (July‐September)
  • Quarter 2 - (October‐December)
  • Quarter 3 ‐ (January‐March)
  • Quarter 4 - (April‐June)

Each Quarterly Sales Report must be in Excel format and shall include:

  • Contractor’s Name and contact information as required on the Department of Management Services “Contract Quarterly Report”
  • Detail of time period covered by included data
  • Total sales including detail of list price and contract price
  • Transaction detail will include:

Part Number/SKU / Your product part number if applicable
Item / Service Name / Given name of Item or Service
MFG / Manufacturer, Publisher, Service Provider
Item Category / Description of the product category, according to attached table
Item Subcategory / Additional grouping for item
Product Description / Additional detail for item
Customer Name / State Agencies, Universities, Political Subdivisions, Other Eligible Users
NIGP Code / National Institute of Government Procurement code
Florida Commodity Code / Florida Commodity Code
UOM / Unit of Measure
UOM Description / Description of unit of measure (see example)
Volume Quantity / Number of items/services purchased/provided
Order Date / Order date
Date Delivered / Delivered date to customer
Purchase Type / Purchase Order, Payment Card, Other
List Price / List price (Market + fee contracts use market price)
Contract Price / Contracted price with state per contract terms
Additional Fields / Any new information related to your company's products/services

Failure to provide quarterly and annual sales reports, including no sales, within 30 calendar days following the end of each quarter (January, April, July, and October) and/or contract year may result in the contract supplier being found in default and termination of the contract by the Department. Upon request, the Contractor shall report to the Department, 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. Initiation and submission of the Contract Sales Summaries are to be the responsibility of the Contractor without prompting or notification by the Contract Manager. The Contractor will submit the completed Contract Sales Summary forms by email to the Contract Manager.

  1. CONFLICT

To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force

WARRANTY OF AUTHORITY

Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party.

State of Florida,Vendor Name

Department of Management Services

By:______By:______

Name:______Name:______

Title:______Title:______

Date:______Date:______

Approved as to form and legality

By:______

Office of the General CounselDate

Contract No.: DMS 250-000-09-1Page 1 of 79

Amendment 2

to

State Term Contract No.: 250-000-09-1

This Amendment, effective September 8, 2011, is by and between the State of Florida, Department of Management Services (Department), Division of State Purchasing (Division), an agency of the State of Florida with offices at 4050 Esplanade Way, Tallahassee, Florida 32399-0950, and (Contractor), and amends State Term Contract No. 250-000-09-1 (Contract).

Whereas, the Department awarded the Contract to Contractor for the provision of Information Technology Hardware – Networking Infrastructure, pursuant to ITN No. 17-250-000-Y; and,

Whereas, the parties, upon mutual agreement, may renew the Contract, in whole or in part, for a period that may not exceed three years or the term of the contract; and,

Now therefore, in consideration of the mutual promises contained in the Contract, the parties agree to the following:

1.0CONTRACT RENEWAL

The Department hereby executes its renewal option for a one year period pursuant to Section 287.057(13), Florida Statutes.

2.0Discount Rate

“Please the signed amendment documents for each Contractor under “Amendment and Memorandums” for the individual average discount rate.”

3.0REPORTING REQUIREMENTS

Section 5.6, of ITN No. 17-250-000-Y, is superseded and entirely replaced with the following:

5.6 Contract Reporting Requirements

Each Contractor shall submit a sales report on a Quarterly basis. Reporting periods coincide with the State Fiscal Year:

  • Quarter 1 - (July-September)
  • Quarter 2 - (October-December)
  • Quarter 3 - (January-March)
  • Quarter 4 – (April-June)

Each Quarterly Sales Report must be in Excel format and shall include:

  1. Prime Contractor’s Company Name, Address, Vendor Number, Reporting Period, Reporting Date, Contact Person, and Contact Person Email and Phone Number.
  2. Total dollar value of purchases, leases or rentals per quarter separated by:
  • State Agency/OtherEligible User;
  • Category Group (Category 1, 2, 3, 4, and 5)
  • Quantity Sold;
  • Purchase order and p-card order total dollar values; and
  • Total Sales
  1. A Roll-up of the Total dollar volume per quarter by Categorygroup.
  2. A Grand Total dollar volume by quarter.
  3. Actual average overall discount percentage savings per quarter.

Contractor shall also report (on a quarterly basis), the total spending with certified and other minority business enterprises directly related to transactions under this contract. Reports shall include the Reporting Period, the Name, Minority Code and Federal Employer Identification Number of each CWMBE utilized during the period, commodities and services provided by the CWMBE, and the amount paid to each minority Contractor or sub-contractor on behalf of each purchasing agency or eligible user ordering under the terms of this contract.

Quarterly Sales Reports must be submitted within thirty (30) calendar days following the end of each quarter. Failure to provide quarterly reports, including reporting no sales, leases, or rentals, within the required timeframe may result in the Prime Contractor being found in default and cancellation of the contract by the Department.

Submission of the quarterly sales reports are the responsibility of the Contractor without prompting or notification by the Department. The Contractor shall submit the completed quarterly reports by email to the Department.

4.0INTELLECTUAL PROPERTY

The parties agree that the services provided under this Contract do not include the creation of intellectual property.

5.0PREFERRED PRICE

The Contractor agrees to submit to Department, at least annually, an affidavit from an authorized representative attesting that the Contractor is in compliance with the preferred pricing provision in Section 4(b) of form PUR 1000.

6.0EMPLOYMENT ELIGIBILITY VERIFICATION

Contractor agrees that it will enroll and participate in the federal E-Verify Program for Employment Verification under the terms provided in the “Memorandum of Understanding” governing the program. Contractor further agrees to provide to the Agency, within thirty days of the effective date of this amendment/renewal, documentation of such enrollment in the form of a copy of the E-Verify “Edit Company Profile” screen, which contains proof of enrollment in the E-Verify Program (this page can be accessed from the “Edit Company Profile” link on the left navigation menu of the E-Verify employer’s homepage).

Contractor further agrees that it will require each subcontractor that performs work under this contract to enroll and participate in the E-Verify Program within ninety (90) days of the effective date of this amendment/renewal or within ninety (90) days of the effective date of the contract between the Contractor and the subcontractor, whichever is later. The Contractor shall obtain from the subcontractor(s) a copy of the “Edit Company Profile” screen indicating enrollment in the E-Verify Program and make such record(s) available to the Agency upon request.

Contractor further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its subcontractors as provided above, and to make such records available to the Agency or other authorized state entity consistent with the terms of the Memorandum of Understanding.

7.0SCRUTINIZED COMPANIES LISTS

In executing this amendment/renewal, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to section 287.135(5), F.S., Contractoragrees 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 with Activities in the Iran Petroleum Energy Sector List during the term of the contract.

8.0CONFLICT

To the extent any of the terms of this Agreement conflict with the terms of the Contract, the terms of this Agreement shall control. All other terms of the Contract remain in full force.

9.0WARRANTY OF AUTHORITY

Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party.

State of Florida,Contractor

Department of Management Services

By:______By:______

Name:______Name:______

Title:______Title:______

Date:______Date:______

Approved as to form and legality

By:______

Office of the General CounselDate

Contract No.: DMS 250-000-09-1Page 1

Amendment No.1

Addition of Lease Provisions

to

State Term Contract No. 250-000-9-1

THIS AMENDMENT, effective as of the last date signed below, is by and between the State of

Florida Department of Management Services (the "Department") and the entity identified below

as Contractor (the "Contractor"), collectively referred to as the "Parties", and amends State

Term Contract No. 250-000-09-1 (the "Contract").

WHEREAS the Department awarded the above-referenced Contract to multiple vendors for the

provisioning of IT Hardware, Network Infrastructure; and

WHEREAS the Department desires to modify the terms of the Contract to enable state agencies

and eligible users to enter into leasing agreements that contain terms reviewed and approved by

the Department of Financial Services; and

WHEREAS Contractor desires to continue providing equipment, maintenance, accessories, and

services under the Contract as hereby amended.

NOW THEREFORE, in consideration of the mutual promises contained below and other

valuable consideration, receipt and sufficiency of which are hereby acknowledged, the Parties

agree as follows:

Agencies may lease equipment through alternative financing arrangements other than CEFP.

This option is governed by § 287.063 and 287.064, Florida States; Rule 691-3, Florida

Administrative Code; and Comptroller Memorandums 10 (1992-93), 13 (1985-86), 04 (1995-96),

and 07 (1995-96). The Department of Financial Services (DFS) Finance and Leasing Section

will review proposed leases to determine 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 "Application to Lease Equipment (DFS-A1-411)" for

any lease valued at $25,000 or more. A copy of the form may be found on the DFS website: