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Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Table of Contents Procurement Authority ...................................................................................................................... 4 Project Funding Source .................................................................................................................... 4 Scope of Service ................................................................................................................................ 4 Submittal Instructions ....................................................................................................................... 5 Required Forms ............................................................................................................................... 6 For Additional Project Information Contact: ...................................................................................... 7 Evaluation Process............................................................................................................................ 7 Review Responses .......................................................................................................................... 7 Evaluation Criteria ........................................................................................................................... 9 Cone of Silence ............................................................................................................................. 10 Demonstrations.............................................................................................................................. 10 Presentations ................................................................................................................................. 10 Pricing ........................................................................................................................................... 10 Negotiation and Award................................................................................................................... 11 Public Art and Design Program ...................................................................................................... 11 Posting of Solicitation and Proposed Contract Awards................................................................... 11 Vendor Protest ............................................................................................................................... 11 Rejection of Responses ................................................................................................................. 12 Public Records and Exemptions .................................................................................................... 12 Copyrighted Materials .................................................................................................................... 13 Local Preference............................................................................................................................ 13 State and Local Preferences .......................................................................................................... 14 Right of Appeal .............................................................................................................................. 14 Negotiations................................................................................................................................... 14 Projected Schedule........................................................................................................................ 15 Responsiveness Criteria ................................................................................................................. 16 Definition of a Responsive Proposer: ............................................................................................. 16 1. Domestic Partnership Act ................................................................................................. 16 2. Lobbyist Registration - Certification .................................................................................. 17 3. Pricing Sheet(s) ............................................................................................................... 17 Responsibility Criteria..................................................................................................................... 17 Definition of Responsible Proposer ................................................................................................ 17 1. Office of Economic and Small Business Development Program ....................................... 17 2. Financial Information ........................................................................................................ 18 3. Litigation History .............................................................................................................. 18 4. Authority to Conduct Business in Florida .......................................................................... 18 Evaluation Criteria ........................................................................................................................... 20 Project-Specific Criteria ................................................................................................................. 20 Company Profile ............................................................................................................................ 22 Legal Requirements ....................................................................................................................... 25 Tiebreaker Criteria ......................................................................................................................... 29 Required Forms to be Returned ..................................................................................................... 32 Attachment “E” - Vendor’s List (Non-Certified Subcontractors and Suppliers Information) .......... 33 Rev 4-18-14
Attachment “F” - Domestic Partnership Certification..................................................................... 34 Attachment “G” - Lobbyist Registration – Certification .................................................................. 35 Attachment “I” - Litigation History ................................................................................................ 36 Attachment “J” - Insurance Requirements .................................................................................... 37 Attachment “K” - Cone of Silence Certification ............................................................................. 38 Attachment “M” - Drug Free Workplace Policy Certification.......................................................... 39 Attachment “N” - Non-Collusion Statement Form ......................................................................... 40 Attachment “O” - Scrutinized Companies List Certification ........................................................... 41 Attachment “P” - Local Vendor Certification ................................................................................. 42 Attachment “Q” - Volume of Work Over Five Years ...................................................................... 43 Attachment “T” - Pricing Sheets ................................................................................................... 44 Attachment “U” - Optional Services .............................................................................................. 48 Attachment “V” - Project Approach............................................................................................... 52 Exhibits ............................................................................................................................................ 57 Exhibit 1 - Detailed Scope of Work............................................................................................... 58 Exhibit 2 - Sample Contract Language ......................................................................................... 59 Exhibit 3 - Evidence of Authorization to do Business ................................................................... 98 Exhibit 4 - Tour of Facility Checklist .............................................................................................. 99 Balance of Page Left Blank Intentionally
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Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Request for Proposals (RFP) RFP Number: R1130301P1 RFP Name: Data Center Hosted Facility
Procurement Authority Unchecked boxes do not apply to this solicitation. Pursuant to the Broward County Procurement Code, the Broward County Commission invites qualified firms to submit Proposals for consideration to provide services on the following project: Standard Request for Proposals Construction General Contractor: Two-Step Process - (Step 1) Issue RFP to Short list firms - (Step 2) Issue Invitation for Bids to Shortlisted firms to obtain bids Establish Library of Firms for Services Pursuant to the Broward County Procurement Code, the Broward County Commission invites qualified firms to submit Proposals for consideration to provide Construction Manager at Risk Services on the following project. Standard Construction Manager at Risk Construction Manager at Risk (Modified): Two Step Process - (Step 1) Issue RFP to Short list firms (Step 2) Issue Invitation for Bids to Shortlisted firms to obtain bids
Project Funding Source This project is funded in whole or in part by: County Funds X
Scope of Service The qualified firm will provide a facility consistent within the 90th percentile of Tier III qualifications or better rated Data Center with the structural integrity to survive up to and including a Category 5 hurricane, shared or private facility under a lease and services agreement in order to house critical information technology infrastructure and ensure the availability and protection of Broward County applications and data on a 7/24/365 basis. Responses should include utility pricing models, raised floor and office space rental rates, network capabilities, professional services contract rates, in-house staff support rates, physical plant construction standards, remote hosting services, and disaster recovery capabilities through the use of diverse locations. It is the intent of the County to enter into a initial three-year term with up to twelve additional one-year renewal terms. – See Exhibit 1 – Detailed Scope of Work Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Submittal Instructions Unchecked boxes do not apply to this solicitation. This solicitation is open to the general marketplace. Interested firms may supply requested information in the “Evaluation Criteria” section by typing right into the document using Microsoft Word. Firms may also prepare responses and any requested ancillary forms using other means but following the same order as presented herein. Submit Ten [10] CDs, containing the following files: CD or DVD discs included in the submittal must be finalized or closed so that no changes can be made to the contents of the discs. IT IS IMPORTANT THAT EACH CD BE LABELED WITH THE COMPANY NAME, RFP NUMBER AND TITLE, AND THEN PLACED IN AN INDIVIDUAL DISC ENVELOPE. 1. A single PDF file that contains your entire response with each page of the response in the order as presented in the RFP document, including any attachments. 2. Responses to the Evaluation Criteria questions are to be provided in the following formats: a. Microsoft Word for any typed responses. b. Microsoft Excel for any spreadsheets Submit Six [6] total printed copies (hard copies) of your response. It is the responsibility of each firm to assure that the information submitted in both its written response and CDs are consistent and accurate. If there is a discrepancy, the information provided in the written response shall govern. This is of particular importance in the implementation of the County's tiebreaker criteria. As set forth in Section 21.31.d of the Procurement Code, the tiebreaker criteria shall be applied based upon the information provided in the firm's response to the solicitation. Therefore, in order to receive credit for any tiebreaker criterion, complete and accurate information must be contained in the written submittal. Balance of Page Left Blank Intentionally
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Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Required Forms This Request for Proposal requires the following CHECKED forms to be returned: (Please initial each Attachment being returned) Documents submitted to satisfy responsiveness requirement(s) indicated with an (R) must be attached to the RFP submittal and returned at the time of the opening deadline. Verification of return (Please Initial)
Attachment A
Proposers Opportunity List
Removed – Not Included
Attachment B
Letter of Intent (CBE)
Removed – Not Included
Attachment D
Application For Evaluation of Good Faith Effort
Removed – Not Included
Attachment B
Letter of Intent (DBE)
Removed – Not Included
Attachment D
DBE Unavailability Report
Removed – Not Included
Attachment E
Vendor’s List (Non-Certified Subcontractors and Suppliers Information) _________________
Attachment F
Domestic Partnership Certification(R)
_________________
Attachment G
Lobbyist Registration – Certification(R)
_________________
Attachment H
Employment Eligibility Verification Program Contractor Certification
Removed – Not Included
Attachment I
Litigation History
_________________
Attachment J
Insurance Requirements
_________________
Attachment K
Cone of Silence Certification
_________________
Attachment L
Living Wage Ordinance
Removed – Not Included
Attachment M
Drug Free Workplace Policy Certification
_________________
Attachment N
Non-Collusion Statement Form
_________________
Attachment O
Scrutinized Companies List Certification
_________________
Attachment P
Local Vendor Certification
_________________
Attachment Q
Volume of Work Over Five Years
_________________
Attachment R
Proposal Bond
Removed – Not Included
Attachment S
Certificate As To Corporate Principal
Removed – Not Included
Attachment T
Pricing Sheets(R)
_________________
Attachment U
Self-Certification: Owner Ethnicity/ Gender (Optional)
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Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Send all requested materials to: Broward County Purchasing Division 115 South Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 RE: RFP Number: R1130301P1 The Purchasing Division must receive submittals no later than 5:00 pm on July 28, 2014. Purchasing will not accept electronically transmitted, late, or misdirected submittals. If fewer than three interested firms respond to this solicitation, the Director of Purchasing may extend the deadline for submittal by up to four (4) weeks. Submittals will only be opened following the final submittal due date.
For Additional Project Information Contact: Additional Project Specific Information Contact: Project Manager: Keith A. Wolf Phone: 954-357-5918 Email:
[email protected]
Procurement Process Related Information Contact: Purchasing Agent: Felicia McRae Phone: 954-357-5859 E-mail:
[email protected]
Evaluation Process An Evaluation Committee (EC) will be responsible for recommending the most qualified firm(s). The process for this procurement may proceed in the following manner:
Review Responses The Purchasing Division delivers the RFP submittals to agency staff for summarization for the Evaluation Committee members. The Office of Economic and Small Business Development staff evaluates submittals to determine compliance with the Office of Economic and Small Business Development Program requirements, if applicable. Agency staff will prepare an analysis report which includes a matrix of responses submitted by the firms. This may include a technical review, if applicable. Staff will also identify any incomplete responses. The Director of Purchasing will review the information provided in the matrix and will make a recommendation to the Evaluation Committee as to each firm’s responsiveness to the Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
requirements of the RFP. The final determination of responsiveness rests solely on the decision of the Evaluation Committee. At any time prior to award, the awarding authority may find that an offeror is not responsible to receive a particular award. The awarding authority may consider the following factors, without limitation: debarment or removal from the authorized vendors list or a final decree, declaration or order by a court or administrative hearing officer or tribunal of competent jurisdiction that the offeror has breached or failed to perform a contract, claims history of the offeror, performance history on a County contract(s), an unresolved concern, or any other cause under this code and Florida law for evaluating the responsibility of an offeror. Balance of Page Left Blank Intentionally
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Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Evaluation Criteria The following list of Evaluation Criteria total 100 points. Subsequent pages will further detail and define the Evaluation Criteria which are summarized with their numerical point ranges. Non-CCNA - Evaluation Criteria - Project Specific Criteria
1) Ability of Professional Personnel - Describe the qualifications and relevant experience of the Project Manager and all key personnel that are most likely to be assigned to this proposed project. Include resumes for the Project Manager and all key personnel described. Include the qualifications and relevant experience of all subconsultants to be used in this project. 2) Ability of the Firm - Describe the firm's ability to provide optional services, which may be utilized during the duration of the lease and services agreements as, found in Attachment “U,” Optional Services. 3) Project Approach - Describe the prime proposer's approach to the project. Describe the firm's approach to Data Center lease and services programs. Provide documentation outlining the ability to provide the requirements as outlined on all items found in Attachment “V” of this RFP with specific data as required to evaluate each requirement. Tour of Facility(ies) (Exhibit 4) may be considered in the proposer’s approach to the project. 4) Past Performance - Describe firm's experience on Data Center Lease and Services hosting of comparable nature, scope, complexity, and duration along with evidence of satisfactory delivery of services for the past five (5) years regarding the Prime Proposer. Include the following for each hosted customer: a. Data Center lease and services program name b. Location of Data Center c. Date of Lease beginning and expiration d. Vendor's role and responsibility as related to the physical Data Center e. List Firm's project manager and other key professionals involved that will be assigned to this project. Include resumes for Project Manager and all key personnel described. f. Provide references including contact name, title, organization, address, phone, and email address for all cited projects completed or active. A minimum of three references to be provided for the projects identified. References and Performance Evaluations will be considered. 5) Location - A Proposer with a principal business location within Broward County will receive five Points. All others will receive zero points. Submit your firm's State of Florida Department of Corporations website listing as evidence of your firm's principal business location. 6) Workload of the Firm – For the Prime Proposer only, list all completed and active projects that your firm has managed within the past five (5) years. In addition, list all projected projects that your firm will be working on in the near future. Projected projects will be defined as a project(s) that your firm has been awarded a contract but the Notice To Proceed has not been issued. Identify any projects that your firm worked on concurrently. Describe your approach in managing these projects. Were there or will there be any challenges for any of the listed projects? If so describe how your firm dealt or will deal with the challenges.
Maximum Number of Points 10
15
30
15
5
5
7) * Price.
20
TOTAL NUMBER OF POINTS
100
* Total points awarded for price will be determined by applying the following formula: Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
(Lowest Proposed Price/Proposer’s Price) x Total Maximum Number of Points for Price = Price Score Please note that prices may be negotiated in the best interest of the County after the scoring is completed.
Cone of Silence At the time of the Evaluation Committee appointment (which is typically prior to the advertisement of the solicitation document) in this RFP process, a Cone of Silence will be imposed. Section 1-266, Broward County Code of Ordinances as revised, provides that after Evaluation Committee appointment, potential vendors and their representatives are substantially restricted from communicating regarding this RFP with the County Administrator, Deputy and Assistants to the County Administrator and their respective support staff, or any person appointed to evaluate or recommend selection in this RFP process. For communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the Initial Evaluation Committee Meeting. After the application of the Cone of Silence, inquiries regarding this RFP should be directed to the Director of Purchasing or designee. The Cone of Silence terminates when the County Commission or other awarding authority takes action which ends the solicitation.
Demonstrations If this box is checked, then this project will lend itself to an additional step where all firms will be given the opportunity for County Staff to tour their Data Center Location. After receipt of submittals, all firms will receive a description of, and arrangements for, the desired tour. Broward County will schedule site visits to each proposed Data Center Location in order to gain a better understanding of the vendor submissions. A list of attributes of the location is attached as Exhibit “4” that will be used by County Staff while touring the firm’s Data Center Location.
Presentations If this box is checked, all firms that are found to be both responsive and responsible to the requirements of the RFP will have an opportunity to make an oral presentation to the EC on the firm’s approach to this project and the firm’s ability to perform. The EC may provide a list of subject matter for the discussion. The firms will have equal time to present but the questionand-answer time may vary.
Pricing Unchecked boxes do not apply to this solicitation. Price will be considered in the final evaluation and rating of the qualified firms. Included in this RFP solicitation is a Price Sheet which must be completed and returned with the RFP Submittal at the time of the opening deadline. County staff and the top ranked firm will negotiate fees for pre-construction services during the Negotiation Phase of this process. Generally, the Parties negotiate a Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Guaranteed Maximum Price (GMP) for construction services during the course of preconstruction services.
Negotiation and Award The Purchasing Negotiator, assisted by County staff, will attempt to negotiate a contract with the first ranked firm. If an impasse occurs, the County ceases negotiation with the firm and begins negotiations with the next-ranked firm. The final negotiated contract will be forwarded to the awarding authority for approval.
Public Art and Design Program Unchecked boxes do not apply to this solicitation. Section 1-88, as amended, of the Broward County Code (of Ordinances) contains the requirements for the Broward County’s Public Art and Design Program. It is the intent of Broward County to functionally integrate art, when applicable, into capital projects and integrate artists’ design concepts into this improvement project. The proposer may be required to collaborate with the artist(s) on design development within the scope of this request. Artist(s) shall be selected by Broward County through an independent process. (For additional information contact the Broward County Cultural Division).
Posting of Solicitation and Proposed Contract Awards The Broward County Purchasing Division's website is the official location for the County's posting of all solicitations and contract award results. It is the obligation of each vendor to monitor the website in order to obtain complete and timely information. The website is located at http://www.broward.org/Purchasing/Pages/SolicitationResult.aspx
Vendor Protest Sections 21.118 and 21.120 of the Broward County Procurement Code set forth procedural requirements that apply if a vendor intends to protest a solicitation or proposed award of a contract and state in part the following: (a) Any protest concerning the proposal or other solicitation specifications or requirements must be made and received by the County within seven (7) business days from the posting of the solicitation or addendum on the Purchasing Division’s website. Such protest must be made in writing to the Director of Purchasing. Failure to timely protest solicitation specifications or requirements is a waiver of the ability to protest the specifications or requirements. (b) Any protest concerning a solicitation or proposed award above the award authority of the Director of Purchasing, after the proposal opening, shall be submitted in writing and received by the County within five (5) business days from the posting of the recommendation of award on the Purchasing Division's website.
(c) Any actual or prospective proposer or offeror who has a substantial interest in and is Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
aggrieved in connection with the proposed award of a contract which does not exceed the amount of the award authority of the Director of Purchasing, may protest to the Director of Purchasing. The protest shall be submitted in writing and received within three (3) business days from the posting of the recommendation of award on the Purchasing Division's website. (d) For purposes of this section, a business day is defined as Monday through Friday between 8:30 a.m. and 5:00 p.m. Failure to timely file a protest within the time prescribed for a solicitation or proposed contract award shall be a waiver of the vendor's right to protest. (e) Protests arising from the decisions and votes of an Evaluation Committee shall be limited to protests based upon the alleged deviations from established Committee procedures set forth in the Broward County Procurement Code and existing written Guidelines. Any allegations of misconduct or misrepresentation on the part of a competing vendor shall not be considered a protest. (f) As a condition of initiating any RFP protest, the protestor shall present the Director of Purchasing a nonrefundable filing fee in accordance with the table below. Estimated Contract Amount $30,000 - $250,000 $250,001 - $500,000 $500,001 - $5 million Over $5 million
Filing Fee $ 500 $1,000 $3,000 $5,000
If no contract proposal amount was submitted, the estimated contract amount shall be the County’s estimated contract price for the project. The County may accept cash, money order, certified check, or cashier’s check, payable to Broward County Board of Commissioners.
Rejection of Responses The Evaluation Committee may recommend rejecting all proposals in the best interests of the County. The rejection shall be made by the Director of Purchasing except when a solicitation was approved by the Board, in which case the rejection shall be made by the Board.
Public Records and Exemptions Broward County is a public agency subject to Chapter 119, Florida Statutes. As required by Chapter 119, Florida Statutes, the Contractor and all sub-contractors for services shall comply with Florida's Public Records Law. To the extent Contractor is acting on behalf of the COUNTY pursuant to Section 119.0701, Florida Statutes, the Contractor and its subcontractors shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed that provided in Chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
4. Meet all requirements for retaining public records and transfer to the County, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the agency. Upon receipt, all response submittals become "public records" and shall be subject to public disclosure consistent with Chapter 119, Florida Statutes. Any firm that intends to assert any materials to be exempted from public disclosure under Chapter 119, Florida Statutes must submit the document(s) in a separate bound document labeled "Name of Firm, Attachment to Proposal Package, RFP# - Confidential Matter". The firm must identify the specific statute that authorizes the exemption from the Public Records Law. CD or DVD discs included in the submittal must also comply with this requirement and separate any materials claimed to be confidential. Failure to provide this information at the time of submittal and in the manner required above may result in a recommendation by the Director of Purchasing that the response is non-responsive. Any claim of confidentiality on materials that the firm asserts to be exempt and placed elsewhere in the submittal will be considered waived by the firm upon submission, effective after opening. Please note that the financial statement exemption provided for in Section 119.071(1) c, Florida Statutes only applies to submittals in response to a solicitation for a "public works" project. Please be aware that submitting confidential material may impact full discussion of your submittal by the Evaluation Committee because the Evaluation Committee will be unable to talk about the details of the confidential material(s) at the public Evaluation Committee meeting.
Copyrighted Materials Copyrighted material will be accepted as part of a submittal only if accompanied by a waiver that will allow the County to make paper and electronic copies necessary for the use of County staff and agents. It is noted that copyrighted material is not exempt from the Public Records Law, Chapter 119, Florida Statutes. Therefore, such material will be subject to viewing by the public, but copies of the material will not be provided to the public.
Local Preference In accordance with Broward County Ordinance No. 2004-29, the Broward County Board of County Commissioners provides a local preference. This preference includes any county with Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
which the Broward County Board of County Commissioners has entered into an inter-local agreement of reciprocity. Except where otherwise provided by federal or state law or other funding source restrictions, a local proposer whose submittal is within 5% of the highest total ranked proposer outside of the preference area will become the firm with whom the County will proceed with negotiations for a final contract. Local business means the vendor has a valid occupational license issued by the county within which the vendor conducts their business at least one year prior to bid or proposal opening, that authorizes the business to provide the goods, services or construction to be purchased and a physical address located within the limits of said county, in an area zoned for the conduct of such business, from which the vendor operates or performs business on a day-to-day basis that is a substantial component of the goods or services being offered. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical address.
State and Local Preferences If the solicitation involves a federally funded project where the fund requirements prohibit the use of state and/or local preferences, such preferences contained in the County's Local Preference Ordinance and Procurement Code will not be applied in the procurement process.
Right of Appeal Pursuant to Section 21.83 of the Broward County Procurement Code, any vendor that has a substantial interest in the matter and is dissatisfied or aggrieved in connection with the Evaluation Committee's determination of responsiveness may appeal the determination pursuant to Section 21.120 of the Code. The appeal must be in writing and sent to the Director of Purchasing within ten (10) calendar days of the determination by the Evaluation Committee to be deemed timely. As required by Section 21.120, the appeal must be accompanied by an appeal bond by a person having standing to protest and must comply with all other requirements of this section. The institution and filing of an appeal is an administrative remedy to be employed prior to the institution and filing of any civil action against the County concerning the subject matter of the appeal.
Negotiations It is the County’s intent to conduct the first negotiation meeting no later than two (2) weeks after approval of the final ranking as recommended by the Committee. At least one of the representatives for the firm participating in negotiations with the County must be authorized to bind the firm. In the event that the negotiations are not successful within a reasonable timeframe (notification will be provided to the firm) an impasse will be declared and negotiations with the first-ranked
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Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
firm will cease. Negotiations will begin with the next ranked firm, etc. until such time that all requirements of Procurement Code, Section 21.85.c.8 have been met.
Projected Schedule RFP Advertised Date: June 13, 2014 RFP Open Date: July 28, 2014 Initial Evaluation Meeting: TBD Final Evaluation Meeting: TBD If three (3) or fewer responses are received, a combination Initial and Final Evaluation meeting may be held. http://www.broward.org/Commission/Pages/SunshineMeetings.aspx Please check this website for any changes to the above tentative schedule. Balance of Page Left Blank Intentionally
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Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Responsiveness Criteria Definition of a Responsive Proposer: In accordance with Broward County Procurement Code Section 21.8.b.66, a Responsive Proposer means a person who has submitted a proposal which conforms in all material respects to a solicitation. The proposal of a Responsive Proposer must be submitted on the required forms, which contain all required information, signatures, notarizations, insurance, bonding, security, or other mandated requirements required by the solicitation documents to be submitted at the time of proposal opening. Failure to provide the information required below, at the time of submittal opening may result in a recommendation of non-responsive by the Director of Purchasing. The Evaluation Committee will determine whether the firm is responsive to the requirements specified herein. The County reserves the right to waive minor technicalities or irregularities as is in the best interest of the County in accordance with Section 21.30.f.1(c) of the Broward County Procurement Code.
***NOTICE TO PROPOSERS*** Proposers are invited to pay strict attention to the following requirements of this RFP. The information being requested in this section is going to be used by the Evaluation Committee during the evaluation process and further consideration for contract award. Please be aware that proposers have a continuing obligation to provide the County with any material changes to the information being requested in this RFP.
1. Domestic Partnership Act The Broward County Domestic Partnership Act (Section 16-1/2 – 157 of the Broward County Code of Ordinances, as amended) requires that, for projects where the initial contract term is valued at more than $100,000, that at the time of RFP submittal, the vendor shall certify that the vendor currently complies or will comply with the requirements of the Domestic Partnership Act by providing benefits to Domestic Partners of its employees on the same basis as it provides benefits to employee’s spouses. The Domestic Partnership Certification Form (Attachment F) should be completed, for all submittals over $100,000, and returned with the RFP Submittal Response at the time of the opening deadline, but no later than five (5) business days from request of the Purchasing agent. Failure to meet this requirement shall render your submittal non-responsive.
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Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
2. Lobbyist Registration - Certification A vendor who has retained a lobbyist(s) to lobby in connection with a competitive solicitation shall be deemed non-responsive unless the firm, in responding to the competitive solicitation, certifies, see Attachment G, that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262, Broward County Code of Ordinances. If, after awarding a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon investigation determines that the error was willful or intentional on the part of the vendor, the County may, on the basis, exercise any contractual right to terminate the contract for convenience. The Lobbyist Registration Certification Form (Attachment G) should be completed and returned at the time of the RFP opening deadline and included within the submittal document.
3. Pricing Sheet(s) Price will be considered in the final evaluation and rating of the qualified firms. Included in this RFP solicitation is a Price Sheet, (Attachment T) which must be completed and returned with the RFP Submittal at the time of the opening deadline.
Responsibility Criteria Definition of Responsible Proposer In accordance with Broward County Procurement Code Section 21.8.b.65, a Responsible Proposer or Offeror means an offeror who has the capability in all respects to perform the contract requirements, and the integrity and reliability which will assure good faith performance. The Evaluation Committee will recommend to the awarding authority a determination of a firm’s responsibility. At any time prior to award, the awarding authority may find that an offeror is not responsible to receive a particular award. The following criteria shall be evaluated in making a determination of responsibility:
1. Office of Economic and Small Business Development Program Office of Economic and Small Business Development Program Requirements In accordance with Ordinance No. 2012-33, Broward County Business Opportunity Act of 2012, the County Business Enterprise (CBE) Program shall apply to this contract. All proposers responding to this solicitation shall utilize, or attempt to utilize, CBE firms in performing the contract in at least the assigned percentage amount for this solicitation. The assigned CBE participation goal for this contract is listed below. Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
In accordance with the Acts, participation for this contract is as follows: There is no CBE Participation Goal for the Data Center Hosted Facility project. 2. Financial Information All firms are required to provide Broward County the firm's financial statements at the time of submittal in order to demonstrate the firm's financial capabilities. Failure to provide this information at the time of submittal may result in a recommendation by the Director of Purchasing that the response is non-responsive. Each firm shall submit its most recent two (2) years of financial statements for review. The financial statements are not required to be audited financial statements. Although the review of a vendor's financial information is an issue of responsibility, the failure to either provide the financial documentation or correctly assert a confidentiality claim pursuant the Florida Public Records Law and the solicitation requirements as stated in the Evaluation Criteria and Public Record and Exemptions sections may result in a recommendation of non-responsive by the Director of Purchasing.
3. Litigation History A The County will consider a vendor's litigation history information in its review and determination of responsibility. All vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization. If the vendor is a joint venture, the information provided should encompass the joint venture (if it is not newly-formed for purposes of responding to the solicitation) and each of the entities forming the joint venture. Although the review of a vendor's litigation history is an issue of responsibility, the failure to provide litigation history as required in the Evaluation Criteria may result in a recommendation of non-responsive by the Director of Purchasing.
4. Authority to Conduct Business in Florida A Florida corporation or partnership is required to provide evidence with its response that the firm is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the County no later than 5 business days from request of the Purchasing agent. A foreign (out-of-state) corporation or partnership is required to provide evidence with its response that the firm is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the County no later than 5 business days from request of the Purchasing agent. Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
A joint venture is required to provide evidence with its response that the joint venture, or at least one of the joint venture partners, is authorized to transact business in Florida and is in good standing with the Florida Department of State. If not with its response, such evidence must be submitted to the County no later than 5 business days from request of the Purchasing agent. However, the joint venture is required to provide evidence prior to contract execution that the joint venture is authorized to transact business in Florida and provide the County with a copy of the joint venture Agreement. A joint venture is also required to provide with its response a Statement of Authority indicating that the individual submitting the joint venture’s proposal has the legal authority to bind the joint venture. If not with its response, such evidence must be submitted to the County no later than 5 business days from request of the Purchasing agent.
Failure to provide the County with any of the above referenced information at the required time may be cause for the response to the solicitation to be deemed nonresponsible. An acceptable document of evidence may be similar to the document attached as Exhibit 3. Balance of Page Left Blank Intentionally
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Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Evaluation Criteria With regard to the Evaluation criteria, each firm has a continuing obligation to provide the County with any material changes to the information requested. The County reserves the right to obtain additional information from interested firms.
Evaluation Criteria – Project-Specific Criteria
1. Ability of Professional Personnel - Describe the qualifications and relevant experience of the Project Manager and all key personnel that are most likely to be assigned to this proposed project. Include resumes for the Project Manager and all key personnel described. Include the qualifications and relevant experience of all sub-consultants to be used in this project. 2. Ability of the Firm - Describe the firm's ability to provide additional services, which may be utilized during the duration of the lease and services agreements as, found in (Attachment U) Optional Services. 3. Project Approach - Describe the prime proposer's approach to the project. Include how the Prime Proposer will use subconsultants in the project. Describe the firm's approach to Data Center lease and services programs. Provide documentation outlining the ability to provide the requirements as outlined on all items found in (Attachment V) of this RFP with specific data as required to evaluate each requirement. Tour of Facility(ies) (Exhibit 4) may be considered in the proposer’s approach to the project. 4. Past Performance - Describe firm's experience on Data Center Lease and Services hosting of comparable nature, scope, complexity, and duration along with evidence of satisfactory delivery of services for the past five (5) years regarding the Prime Proposer. Include the following for each hosted customer: a. Data Center lease and services program Rev 4-18-14
Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming the joint venture. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable.
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
name b. Location of Data Center c. Date of Lease beginning and expiration d. Vendor's role and responsibility as related to the physical Data Center e. List Firm's project manager and other key professionals involved that will be assigned to this project. Include resumes for Project Manager and all key personnel described. f. Provide references including contact name, title, organization, address, phone, and email address for all cited projects completed or active. A minimum of three references to be provided for the projects identified. 5. Location - Provide evidence of where your Principal Business is located. 6. Workload of the Firm – For the Prime Proposer only, list all completed and active projects that your firm has managed within the past five (5) years. In addition, list all projected projects that your firm will be working on in the near future. Projected projects will be defined as a project(s) that your firm has been awarded a contract but the Notice To Proceed has not been issued. Identify any projects that your firm worked on concurrently. Describe your approach in managing these projects. Were there or will there be any challenges for any of the listed projects? If so describe how your firm dealt or will deal with the challenges.
Evaluation Criteria – Rev 4-18-14
Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Company Profile
each entity forming the joint venture. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable.
1. Supply legal firm name, headquarters address, local office addresses, state of incorporation, and key firm contact names with their phone numbers and e-mail addresses. 2. Supply the interested firm’s federal ID number and Dun and Bradstreet number. 3. Is the interested firm legally authorized, pursuant to the requirements of the Florida Statutes, to do business in the State of Florida? 4. All firms are required to provide Broward County the firm's financial statements at the time of submittal in order to demonstrate the firm's financial capabilities. Failure to provide this information at the time of submittal may result in a recommendation by the Director of Purchasing that the response is non-responsive. Each firm shall submit its most recent two (2) years of financial statements for review. The financial statements are not required to be audited financial statements. With respect to the number of years of financial statements required by this RFP, the firm must fully disclose the information for all years available; provided, however, that if the firm has been in business for less than the required number of years, then the firm must disclose for all years of the required period that the firm has been in business, including any partial year-to-date financial statements. The County may consider the unavailability of the most recent year’s financial statements and whether the firm acted in good faith in disclosing the financial documents in its evaluation. Any claim of confidentiality on financial statements should be asserted at the time of submittal. (see below) Rev 4-18-14
YES
NO
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
*****ONLY “IF” claiming Confidentiality***** The financial statements should be submitted in a separate bound document labeled "Name of Firm, Attachment to Proposal Package, RFP# - Confidential Matter". The firm must identify the specific statute that authorizes the exemption from the Public Records Law. CD or DVD discs included in the submittal must also comply with this requirement and separate any materials claimed to be confidential. Failure to provide this information at the time of submittal and in the manner required above may result in a recommendation by the Director of Purchasing that the response is nonresponsive. Furthermore, proposer’s failure to provide the information as instructed may lead to the information becoming public. Please note that the financial statement exemption provided for in Section 119.071(1) c, Florida Statutes only applies to submittals in response to a solicitation for a "public works" project. Litigation History Requirement: 5. The County will consider a vendor's litigation history information in its review and determination of responsibility. All vendors are required to disclose to the County all "material" cases filed, pending, or resolved during the last three (3) years prior to the solicitation response due date, whether such cases were brought by or against the vendor, any parent or subsidiary of the vendor, or any predecessor organization. If the vendor is a joint venture, the information provided should encompass the joint venture (if it is not newlyformed for purposes of responding to the solicitation) and each of the entities forming the joint venture. For purpose of this disclosure requirement, a “case” includes lawsuits, administrative hearings and arbitrations. A case is considered to be "material" if it Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
relates, in whole or in part, to any of the following: 1. A similar type of work that the vendor is seeking to perform for the County under the current solicitation; 2. An allegation of negligence, error or omissions, or malpractice against the vendor or any of its principals or agents who would be performing work under the current solicitation; 3. A vendor's default, termination, suspension, failure to perform, or improper performance in connection with any contract; 4. The financial condition of the vendor, including any bankruptcy petition (voluntary and involuntary) or receivership; or 5. A criminal proceeding or hearing concerning business-related offenses in which the vendor or its principals (including officers) were/are defendants. Notwithstanding the descriptions listed in paragraphs 1 – 5 above, a case is not considered to be "material" if the claims raised in the case involve only garnishment, auto negligence, personal injury, workers' compensation, foreclosure or a proof of claim filed by the vendor. For each material case, the vendor is required to provide all information identified, on the attached “Litigation History” form. (Attachment I) A Vendor is also required to disclose to the County any and all case(s) that exist between the County and any of the vendor's subcontractors/subconsultants proposed to work on this project.
Failure to disclose any material case, or to provide all requested information in connection with each such case, may result in the vendor being deemed nonresponsive. Prior to making such determination, the vendor will have the Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
ability to clarify the submittal and to explain why an undisclosed case is not material. 6. Has the interested firm, its principals, officers, or predecessor organization(s) been debarred or suspended from bidding by any government during the last three (3) years? If yes, provide details. 7. Has your company ever failed to complete any work awarded to you? If so, where and why? 8. Has your company ever been terminated from a contract? If so, where and why? Insurance Requirements:
YES
NO
YES
NO
YES
NO
9. Attached is a sample Certificate of Insurance (Attachment J). It reflects the insurance requirements deemed necessary for this project. It is not necessary to have this level of insurance in effect at the time of submittal but it is necessary to submit certificates indicating that the firm currently carries the insurance or to submit a letter from the carrier indicating upgrade availability.
Evaluation Criteria – Legal Requirements
1. Standard Agreement Language: Identify any standard terms and conditions with which the interested firm cannot agree. The standard terms and conditions for the resulting contract can be located at: See Exhibit 2 – Sample Contract Language
Rev 4-18-14
Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming the joint venture. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable. YES (Agree) NO If no, you need to specifically identify the terms and conditions with which you are taking exception since they will be discussed with the Evaluation Committee. Please be aware that taking exceptions to the County’s standard terms and conditions may be viewed unfavorably by the Evaluation Committee and ultimately
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
impact the overall evaluation of your submittal. 2. Cone of Silence: This County’s ordinance prohibits certain communications among vendors, county staff, and Evaluation Committee members. Identify any violations of this ordinance by any members of the responding firm or its joint venturers. The firm(s) submitting is expected to sign and notarize the Cone of Silence Certification (Attachment K). 3. Public Entity Crimes Statement: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit an offer to perform work as a consultant or contract with a public entity, and may not transact business with Broward County for a period of 36 months from the date of being placed on the convicted vendor list. Submit a statement fully describing any violations of this statute by members of the interested firm or its joint venturers. 4. No Contingency Fees: By responding to this solicitation, each firm warrants that it has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation. For Breach or violation of this provision, County shall have the right to reject the firm’s response or terminate any agreement awarded without liability at its discretion, or to deduct from the agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Submit an attesting statement warranting that the Responder has not and will not pay a contingency fee to any company or person, other than a bona fide employee working solely for the firm, to secure an agreement pursuant to this solicitation. 5. DRUG FREE WORKPLACE: 1. Do you have a drug free workplace policy? 2. If so, please provide a copy of your drug Rev 4-18-14
1.
YES
NO
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
free workplace policy in your proposal. 3. Does your drug free workplace policy comply with Section 287.087 of the Florida Statutes? 4. If your drug free workplace policy complies with Section 287.087 of the Florida Statutes, please complete the Drug Free Workplace Policy Certification Form. (Attachment M) 5. If your drug free workplace policy does not comply with Section 287.087of the Florida Statutes, does it comply with the drug free workplace requirements pursuant to Section 21.31.a.2 of the Broward County Procurement Code? 6. If so, please complete the attached Drug Free Workplace Policy Certification Form (Attachment M). 7. If your drug free workplace policy does not comply with Section 21.31.a.2 of the Broward County Procurement Code, are you willing to comply with the requirements Section 21.31.a.2 of the Broward County Procurement Code? 8. If so, please complete the attached Drug Free Workplace Policy Certification Form (Attachment M). Failure to provide a notarized Certification Form in your proposal indicating your compliance or willingness to comply with Broward County's Drug Free Workplace requirements as stated in Section 21.31.a.2 of the Broward County Procurement Code may result in your firm being ineligible to be awarded a contract pursuant to Broward County's Drug Free Workplace Ordinance and Procurement Code.
6.
Non-Collusion Statement: By responding to this solicitation, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose on the attached “Non-Collusion Statement Form” (Attachment N) to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (1989), who is an officer or director of, or had a material interest in, the vendor’s Rev 4-18-14
3.
YES
NO
4.
YES
NO
5.
YES
NO
7.
YES
NO
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. 7. Scrutinized Companies List Certification: Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitting a bid, proposal or response to a Broward County solicitation for goods or services in an amount equal to or greater than $1 million. The certification form is referenced as “Scrutinized Companies List Certification” (Attachment O) and should be completed and submitted with your proposal but must be completed and submitted prior to award.
Rev 4-18-14
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Evaluation Criteria – Tiebreaker Criteria
LOCATION in BROWARD COUNTY 1. Is your firm located in Broward County? 2. Does your firm have a valid current Broward County Local Business Tax Receipt? 3. Has your firm (a) been in existence for at least six (6) months prior to the proposal opening (b) providing services on a day to day basis (c) at a business address physically located within the limits of Broward County (d) in an area zoned for such business and (e) the services provided from this location are substantial component of the services offered in the firm's proposal? If so, please provide the interested firm's business address in Broward County, telephone number(s), email address, evidence of the Broward County Local Business Tax Receipt and complete the attached Local Vendor Certification Form. (Attachment P) Failure to provide a valid Broward County Local Business Tax Receipt and the attached notarized Certification Form in your proposal shall prevent your firm from receiving credit under Broward County's tiebreaker criteria of Section 21.31.d of the Broward County Procurement Code and, if applicable, shall prevent your firm from receiving any preference(s) allowed under Broward County's Local Preference Ordinance.
DOMESTIC PARTNERSHIP ACT Rev 4-18-14
Provide answers below. If you are submitting a response as a joint venture, you must respond to each question for each entity forming the joint venture. Furthermore, to receive credit for a tiebreaker criterion, each entity forming the joint venture must meet the tiebreaker criteria. When an entire response cannot be entered, a summary, followed with a page number reference where a complete response can be found is acceptable.
1.
YES
NO
2.
YES
NO
3.
YES
NO
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
1. Do you have a domestic partnership program? 2. If so, please provide a copy of your domestic partnership program in your proposal and complete (Attachment F) “Domestic Partnership Certification Form.” Failure to provide a notarized Certification Form indicating in your proposal shall prevent your firm from receiving credit for having such a program under Broward County's tiebreaker criteria of Section 21.31.d of the Broward County Procurement Code. 3. Does your domestic partnership program provide benefits which are the same or substantially equivalent to those benefits offered to other employees in compliance with the Broward County Domestic Partnership Act of 2011, Broward County Ordinance # 2011-26, as amended? Failure to provide a notarized Certification Form in your proposal indicating that the company provides domestic partnership benefits which are the same or substantially equivalent to the requirements of the Broward County Domestic Partnership Act of 2011, Broward County Ordinance # 2011-26, as amended, shall prevent your firm from receiving any preference(s) allowed under the Act if applicable to this solicitation. VOLUME OF WORK OVER FIVE YEARS Vendor that has the lowest dollar volume of work previously awarded by the County over a five (5) year period from the date of the submittal will receive the tie breaker preference. The work shall include any amount awarded to any parent or subsidiary of the vendor, any predecessor organization and any company acquired by the vendor over the past five (5) years. If the vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. Volume of work also includes Purchase Orders, Amendments and Work Authorizations. If applicable complete )Attachment Q). (Report only amounts awarded as Prime Vendor) To be considered for the Tie Break preference, this completed Attachment Q must be included Rev 4-18-14
1.
YES
NO
2.
YES
NO
3.
YES
NO
$
Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
with the RFP Submittal Response at the time of the opening deadline.
Balance of Page Left Blank Intentionally
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Broward County Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 (954) 357-6065 FAX (954) 357-8535
Required Forms to be Returned (Forms that follow this Title Page that need to be returned. Forms checked in the section titled Required Forms. Use the section titled Required Forms as a checklist.) Balance of Page Left Blank Intentionally
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Attachment “E” - Vendor’s List (Non-Certified Subcontractors and Suppliers Information) THIS FORM SHOULD BE SUBMITTED WITH THE RFP; HOWEVER, IT MUST BE SUBMITTED WITHIN 5 CALENDAR DAYS OF COUNTY’S REQUEST.
Provide this information for any sub vendor(s) who will provide a service to the County for this solicitation. This includes major suppliers as well.
1. Firm’s Name:_____________________________________________________________________ 2. Firm’s Address:___________________________________________________________________ 3. Firm’s Telephone Number: _________________________Firm’s Email Address:_________________ 4. Contact Name and Position:__________________________________________________________ 5. Alternate Contact Name and Position:__________________________________________________ 6. Alternate Contact Telephone Number: _________________Email Address:___________________ 7. Bid/Proposal Number: ______________________________Contracted Amount:_______________ 8. Type of Work/Supplies Bid: __________________________Award Date:_____________________
1. Firm’s Name:_____________________________________________________________________ 2. Firm’s Address:___________________________________________________________________ 3. Firm’s Telephone Number: _________________________Firm’s Email Address:_________________ 4. Contact Name and Position:__________________________________________________________ 5. Alternate Contact Name and Position:__________________________________________________ 6. Alternate Contact Telephone Number: _________________Email Address:___________________ 7. Bid/Proposal Number: ______________________________Contracted Amount:_______________ 8. Type of Work/Supplies Bid: __________________________Award Date:_____________________
I certify that the information submitted in this report is in fact true and correct to the best of my knowledge
Signature
Title
Date
Note: the information provided herein is subject to verification by the Purchasing Division. Use additional sheets for more subcontractors or suppliers as necessary.
Rev 4-18-14
Attachment “F” - Domestic Partnership Certification NOTE: This Form must be completed in order to be considered for a contract award. Additionally, in order to receive credit for “tie breaker” purposes, this Form must be returned with the RFP submittal at the time of the opening. The Vendor, by virtue of the signature below, certifies that it is aware of the requirements of Broward County’s Domestic Partnership Act, (Section 16-1/2 -157 of the Broward County Code of Ordinances, as amended); and certifies the following: (Please check only one below). 1. The Vendor currently complies with the requirements of the County’s Domestic Partnership Act and provides benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees’ spouses 2. The Vendor will comply with the requirements of the County’s Domestic Partnership Act at time of contract award and provide benefits to Domestic Partners of its employees on the same basis as it provides benefits to employees’ spouses 3. The Vendor will not comply with the requirements of the County’s Domestic Partnership Act at time of award 4. The Vendor does not need to comply with the requirements of the County’s Domestic Partnership Act at time of award because the following exception(s) applies: (Please check only one below). The Vendor’s price proposal for the initial contract term is $100,000 or less. The Vendor employs less than five (5) employees. The Vendor is a governmental entity, not-for-profit corporation, or charitable organization. The Vendor is a religious organization, association, society, or non-profit charitable or educational institution. The Vendor does not provide benefits to employees’ spouses. The Vendor provides an employee the cash equivalent of benefits. (Attach an affidavit in compliance with the Act stating the efforts taken to provide such benefits and the amount of the cash equivalent.) The Vendor cannot comply with the provisions of the Domestic Partnership Act because it would violate the laws, rules or regulations of federal or state law or would violate or be inconsistent with the terms or conditions of a grant or contract with the United States or State of Florida. Indicate the law, statute or regulation. (State the law, statute or regulation and attach explanation of its applicability.) I, ____________________________, _______________________________ of __________________________________________ (Name)
(Title)
(Vendor)
hereby attests that I have the authority to sign this notarized certification and certify that the above-referenced information is true, complete and correct. __________________________________ Signature __________________________________ Print Name SWORN TO AND SUBSCRIBED BEFORE ME this ________day of ____________________, 20___ STATE OF
______________________
COUNTY OF ___________________
_________________________________ My commission expires: _________________________ (SEAL) Notary Public (Print, type or stamp commissioned name of Notary Public) Personally Known ________ or Produced Identification _________
Rev 4-18-14
Type of Identification Produced: ______________
Attachment “G” - Lobbyist Registration – Certification This certification form should be completed and submitted with your proposal. If not included with the RFP submittal at the time of the RFP opening deadline, the Lobbyist Certification Form must be completed and returned by a date and time certain established by the County. The Vendor, by virtue of the signature below, certifies that: a. It understands if it has retained a lobbyist(s) to lobby in connection with a competitive solicitation, it shall be deemed non-responsive unless the firm, in responding to the competitive solicitation, certifies that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262, Broward County Code of Ordinances; and b. It understands that if, after awarding a contract in connection with the solicitation, the County learns that the certification was erroneous, and upon investigation determines that the error was willful or intentional on the part of the vendor, the County may, on that basis, exercise any contractual right to terminate the contract for convenience. Based upon these understandings, the vendor further certifies that: (Check One) 1.______It has not retained a lobbyist(s) to lobby in connection with this competitive solicitation; however, if retained after the solicitation, the County will be notified.. 2.______It has retained a lobbyist(s) to lobby in connection with this competitive solicitation and certified that each lobbyist retained has timely filed the registration or amended registration required under Section 1-262, Broward County Code of Ordinances. 3.______It is a requirement of this solicitation that the names of any and all lobbyists retained to lobby in connection with this solicitation be listed below: _____________________________________ Print Name of Lobbyist
___________________________________________ Print Lobbyist’s Firm
_____________________________________ Print Name of Lobbyist
___________________________________________ Print Lobbyist’s Firm
STATE OF __________________
_____________________________________ (Vendor Signature) ____________________________________ (Print Vendor Name)
COUNTY OF ________________ The foregoing instrument was acknowledged before me this ____day of ________________, 20___, by _________________________________________________ as _________________________ of (Name of person whose signature is being notarized) (Title) __________________________________ known to me to be the person described herein, or who produced (Name of Corporation/Company) ____________________________________________ as identification, and who did/did not take an oath. (Type of Identification) NOTARY PUBLIC: ____________________________________ (Signature) _______________________ (Print Name)
Rev 4-18-14
My commission expires: _______________________
Attachment “I” - Litigation History
Vendor : ______________________________________________
RFP#:______________ Vendor’s Parent Company:________________________________
MATERIAL CASE SYNOPSIS
Vendor’s Subsidiary Company:_____________________________ Vendor’s Predecessor Organization: _________________________
Party
Plaintiff
Defendant
Case Name Case Number Date Filed Name of Court or other tribunal Type of Case
Civil
Administrative/Regulatory
Criminal
Bankruptcy
Claim or Cause of Action and Brief description of each Count Brief description of the Subject Matter and Project Involved Disposition of Case
(Attach copy of any applicable Judgment, Settlement Agreement and Satisfaction of Judgment.) Opposing Counsel
Pending
Settled
Judgment Vendor’s Favor Judgment Against Vendor If Judgment Against, is Judgment Satisfied? Yes Name: Email: Phone number:
NAME OF COMPANY: ______________________________________________ Rev 4-18-14
Dismissed
No
Attachment “J” - Insurance Requirements
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Attachment “K” - Cone of Silence Certification The undersigned vendor hereby certifies that: 1. _____ the vendor has read Broward County's Cone of Silence Ordinance, Section 1-266, Article xiii, Chapter 1 as revised of the Broward County Code; and 2. _____ the vendor understands that the Cone of Silence for this competitive solicitation shall be in effect beginning upon the appointment of the Evaluation Committee (for Requests for Proposals - RFPs) or Selection Committee (for Request for Letters of Interest - RLIs) for communication regarding this RFP/RLI with the County Administrator, Deputy and Assistants to the County Administrator and their respective support staff or any person, including Evaluation or Selection Committee members, appointed to evaluate or recommend selection in this RFP/RLI process. For Communication with County Commissioners and Commission staff, the Cone of Silence allows communication until the initial Evaluation or Selection Committee Meeting. 3.______the vendor agrees to comply with the requirements of the Cone of Silence Ordinance. _____________________________________ (Vendor Signature)
_____________________________________ (Print Vendor Name)
STATE OF __________________ COUNTY OF ________________
The foregoing instrument was acknowledged before me this ____day of ________________, 20___, by
_________________________________________________ as _________________________ of (Name of person whose signature is being notarized) (Title)
____________________________________________ known to me to be the person described herein, or who produced (Name of Corporation/Company)
____________________________________________ as identification, and who did/did not take an oath. (Type of Identification)
NOTARY PUBLIC: ________________________________ (Signature) _______________________________ (Print Name)
Rev 4-18-14
My commission expires: _______________________
Attachment “M” - Drug Free Workplace Policy Certification THE UNDERSIGNED VENDOR HEREBY CERTIFIES THAT: 1. _____ THE VENDOR HAS A DRUG FREE WORKPLACE POLICY AS IDENTIFIED IN THE COMPANY POLICY ATTACHED TO THIS CERTIFICATION. AND/OR
2. _____ THE VENDOR HAS A DRUG FREE WORKPLACE POLICY THAT IS IN COMPLIANCE WITH SECTION 287.087 OF THE FLORIDA STATUTES. AND/OR
3. _____ THE VENDOR HAS A DRUG FREE WORKPLACE POLICY THAT IS IN COMPLIANCE WITH THE BROWARD COUNTY DRUG FREE WORKPLACE ORDINANCE # 1992-08, AS AMENDED, AND OUTLINED AS FOLLOWS: (a)
(b)
(c) (d)
(e) (f)
(g)
Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the offeror's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; Establishing a continuing drug-free awareness program to inform its employees about: (i) The dangers of drug abuse in the workplace; (ii) The offeror's policy of maintaining a drug-free workplace; (iii) Any available drug counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; Giving all employees engaged in performance of the contract a copy of the statement required by subparagraph (a); Notifying all employees, in writing, of the statement required by subparagraph (a), that as a condition of employment on a covered contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer in writing of the employee's conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or of any state, for a violation occurring in the workplace NO later than five (5) days after such conviction. Notifying Broward County government in writing within 10 calendar days after receiving notice under subdivision (d) (ii) above, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; Within 30 calendar days after receiving notice under subparagraph (d) of a conviction, taking one of the following actions with respect to an employee who is convicted of a drug abuse violation occurring in the workplace: (i) Taking appropriate personnel action against such employee, up to and including termination; or (ii) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; Making a good faith effort to maintain a drug-free workplace program through implementation of subparagraphs (a) through (f). OR
4.____
THE VENDOR DOES NOT CURRENTLY HAVE A DRUG FREE WORKPLACE POLICY BUT IS WILLING TO COMPLY WITH THE REQUIREMENTS AS SPECIFIED IN NO. 3
______________________________________ (VENDOR SIGNATURE) ______________________________________ (PRINT VENDOR NAME) STATE OF __________________ COUNTY OF ________________ The foregoing instrument was acknowledged before me this ____day of ________________, 20___, by _________________________________________________ as _________________________ of (Name of person whose signature is being notarized) (Title) ____________________________________________ known to me to be the person described herein, or who produced (Name of Corporation/Company) ____________________________________________ as identification, and who did/did not take an oath. (Type of Identification) NOTARY PUBLIC: ________________________________ (Signature) ________________________________ (Print Name)
Rev 4-18-14
My commission expires: _______________________
Attachment “N” - Non-Collusion Statement Form By signing this offer, the vendor certifies that this offer is made independently and free from collusion. Vendor shall disclose below, to their best knowledge, any Broward County officer or employee, or any relative of any such officer or employee as defined in Section 112.3135 (1) (c), Fla. Stat. (1989), who is an officer or director of, or has a material interest in, the vendor’s business, who is in a position to influence this procurement. Any Broward County officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this procurement. For purposes hereof, a person has a material interest if they directly or indirectly own more than 5 percent of the total assets or capital stock of any business entity, or if they otherwise stand to personally gain if the contract is awarded to this vendor. Failure of a vendor to disclose any relationship described herein shall be reason for debarment in accordance with the provisions of the Broward County Procurement Code. NAME
RELATIONSHIP
_______________________________
____________________________________
_______________________________
____________________________________
_______________________________
____________________________________
_______________________________
____________________________________
_______________________________
____________________________________
_______________________________
____________________________________
_______________________________
____________________________________
__________________________________________ (Vendor Signature)
__________________________________________ (Print Vendor Name)
In the event the vendor does not indicate any names, the County shall interpret this to mean that the vendor has indicated that no such relationships exist. (Form is to be signed even if no names are listed)
Rev 4-18-14
Attachment “O” - Scrutinized Companies List Certification This certification form should be completed and submitted with your proposal but must be completed and submitted prior to award. The Vendor, by virtue of the signature below, certifies that: a. The Vendor, owners, or principals are aware of the requirements of Section 287.135, Florida Statutes, regarding Companies on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and b. The Vendor, owners, or principals, are eligible to participate in this solicitation and not listed on either the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and c. If awarded the Contract, the Vendor, owners, or principals will immediately notify the COUNTY in writing if any of its principals are placed on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. _________________________________________ (Authorized Signature) _________________________________________ (Print Name and Title) ____________________________________________ (Name of Firm) STATE OF ___________________ COUNTY OF _________________ The foregoing instrument was acknowledged before me this day of ___________, 20___, by ____________________________ (name of person whose signature is being notarized) as ______________________________ (title) of ______________________ (name of corporation/entity), known to me to be the person described herein, or who produced _____________________________ (type of identification) as identification, and who did/did not take an oath. NOTARY PUBLIC: __________________________ (Signature)
State of ___________________ at Large (SEAL)
__________________________ (Print name)
My commission expires: _______________
Rev 4-18-14
Attachment “P” - Local Vendor Certification Tiebreaker Criteria (or Local Preference if Applicable) THE UNDERSIGNED VENDOR HEREBY CERTIFIES THAT: 1. _____ THE VENDOR IS A LOCAL VENDOR IN BROWARD COUNTY AND HAS A VALID BROWARD COUNTY LOCAL BUSINESS TAX RECEIPT WHICH IS ATTACHED TO THIS CERTIFICATION
AND
2. _____ THE VENDOR IS A LOCAL VENDOR IN BROWARD COUNTY AND: (a) Has been in existence for at least six (6) months prior to the proposal opening; (b) Provides services on a day to day basis at a business address physically located within the limits of Broward County and in an area zoned for such business; and (c) The services provided from this location are a substantial component of the services offered in the vendor's proposal. AND/OR
3. _____ THE VENDOR IS A LOCAL VENDOR IN BROWARD OR MIAMI-DADE COUNTY AND HAS A VALID CORRESPONDING COUNTY LOCAL BUSINESS TAX RECEIPT WHICH IS ATTACHED TO THIS CERTIFICATION AND: (a) Has been in existence for at least ONE YEAR prior to the proposal opening; (b) Provides services on a day to day basis at a business address physically located within the limits of Broward or Miami-Dade County and in an area zoned for such business; and (c) The services provided from this location are a substantial component of the services offered in the vendor's proposal. ______________________________________ (VENDOR SIGNATURE) ______________________________________ (PRINT VENDOR NAME) STATE OF __________________ COUNTY OF ________________
The foregoing instrument was acknowledged before me this ____day of ________________, 20___, by _________________________________________________ as _________________________ of (Name of person whose signature is being notarized) (Title)
____________________________________________ known to me to be the person described herein, or who produced (Name of Corporation/Company)
____________________________________________ as identification, and who did/did not take an oath. (Type of Identification) NOTARY PUBLIC: ________________________________ (Signature) ________________________________ (Print Name)
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My commission expires: _______________________
Attachment “Q” - Volume of Work Over Five Years Tie Breaker Criteria
Broward County Projects
The work shall include any amount awarded to any parent or subsidiary of the vendor, any predecessor organization and any company acquired by the vendor over the past five (5) years. If the vendor is a joint venture, the information provided should encompass the joint venture and each of the entities forming the joint venture. (Report only amounts awarded as a Prime Vendor including any Amendments, Purchase Orders and Work Authorizations) IF no work has been performed, show a Grand Total of $0
Item No.
Project Title
Solicitation Contract Number Bid – Quote – RLI RFP
Broward County Department or Division
Date Awarded
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Grand Total
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Awarded Dollar Amount
Attachment “T” - Pricing Sheets MONTHLY ELECTRIC CAPACITY CHARGE Collocation Power Services – Pricing
Circuit Provisioning Fees
A
B
C
D
E
Estimated Quantity
One Time Charge
Total One Time Charge
(OTC)
A*B
Monthly Recurring Charge (per item)
Total Monthly Recurring Charge
(MRC)
A*D
60 EA
$
$
120 Volt, Single Phase 20 AMP 120 Volt Single Phase - Primary 20 AMP 120 Volt Single Phase Secondary 30 AMP 120 Volt Single Phase - Primary 30 AMP 120 Volt Single Phase Secondary 50 AMP 120 Volt Single Phase - Primary 50 AMP 120 Volt Single Phase Secondary
5 EA
$
$
$
$
$
$
$
$
$
$
$
$
2 EA
$
$
2 EA
$
$
25 EA
$
$
25 EA
$
$
1 EA
$
$
1 EA
$
$
5 EA
$
$
5 EA
$
$
5 EA
$
$
5 EA 1 EA 1 EA 1 EA 1 EA
208 Volt, Single Phase 20 AMP 208 Volt Single Phase Primary
20 AMP 208 Volt Single Phase Secondary
30 AMP 208 Volt Single Phase Primary
30 AMP 208 Volt Single Phase Secondary
50 AMP 208 Volt Single Phase Primary
50 AMP 208 Volt Single Phase Secondary
208 Volt, Three Phase 20 AMP, 208 Volt Three Phase Primary
20 AMP, 208 Volt Three Phase Secondary
30 AMP, 208 Volt Three Phase Primary
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Attachment “T” - Pricing Sheets (Continued) 30 AMP, 208 Volt Three Phase -
5 EA
$
$
1 EA
$
$
1 EA
$
$
Secondary
50 AMP, 208 Volt Three Phase Primary
50 AMP, 208 Volt Three Phase Secondary
APC PDU’s APC 20 AMP 120V Switched Power Stick
1 EA
$
$
APC 30 AMP 120V Switched Power Stick
1 EA
$
$
APC 50 AMP 120V Switched Power Stick
1 EA
$
$
Totals
$
$
TOTAL ELECTRIC CAPACITY CHARGE
$
(Total Line C + Total Line E)
MONTHLY SQUARE FOOT CHARGE A Sq. Ft.
B Cost/Sq. Ft. Per Month
Floor Space Raised Floor Data Center Daily Operational Office / Storage Space
C Monthly Cost A*B
1,500
$
$
200
$
$ Total $
Balance of Page Left Blank Intentionally
Rev 4-18-14
Attachment “T” - Pricing Sheets (Continued) MONTHLY OTHER SERVICES PRICING A
B
C
D
E
F
Estimated Quantity
Unit
Setup Fee
Monthly Recurring Unit Charge
One Time Charge
Total Monthly Recurring Charge
Other Services
(OTC) A*C
(MRUC)
(MRC) A*D
Raised Floor Secure Cage SQ. FT.
$
1 EA
EA
$
$
$
$
Cubicle w/Phone, Workstation
20 EA
EA
$
$
$
$
Declaration Usage Fee Per Seat / Suite
20 EA
EA
$
$
$
$
POTS Cross Connect
15 EA
EA
$
$
$
$
Category 6E Copper Cross Connect
15 EA
EA
$
$
$
$
Fiber Cross Connect
5 EA
EA
$
$
$
$
Redundant Uplink (VRRP)
1 EA
EA
$
$
$
$
POTS Line (Not a Cross Connect)
1 EA
EA
$
$
$
$
2 Hours of Labor / Technical Support
1 EA
EA
$
$
$
4 Hours of Labor / Technical Support
1 EA
EA
$
$
$
8 Hours of Labor / Technical Support
1 EA
EA
$
$
$
Dedicated Per Hour Labor / Technical Support
80 EA
HR
$
$
$
Custom Cage Construction
1500 EA
$
Disaster Recovery Reserved Seats and Suites 12’ x 9’ Disaster Suite with Conference Phone
Cross Connections
Onsite Systems Support-Within Cage
TOTAL TOTAL OTHER SERVICES - (Total Line E + Total Line F)
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$ $
$
Attachment “T” - Pricing Sheets (Continued) INTERNET SERVICES BANDWITH, TIER ONE PROVIDER WITH PEERING AGREEMENTS Bandwidth Fees (Capped) with 1 Gigabyte Port A
B
C
D
Quantity
Unit
Unit Cost
Monthly Recurring Charge
Item
(MRC) A*C 100MB
1 EA
MB
$
$
250MB
1 EA
MB
$
$
500MB
1 EA
MB
$
$
750MB
1 EA
MB
$
$
TOTAL
$
Bandwidth Fees (with Burst Capability - 95th Percentile, Higher of Inbound or Outbound Usage) With 1 Gigabyte Port A
B
C
D
Quantity
Unit
Unit Cost
Monthly Recurring Charge
Item
(MRC) A*C 100MB w/1GB Burstable
1 EA
MB
$
$
250MB w/1GB Burstable
1 EA
MB
$
$
500MB w/2GB Burstable
1 EA
MB
$
$
1GB w/10GB Burstable
1 EA
MB
$
$
TOTAL
$
Attachment “T” Summary MONTHLY ELECTRIC CAPACITY CHARGE
$
MONTHLY SQUARE FOOT CHARGE
$
MONTHLY OTHER SERVICES
$
INTERNET BANDWITH CAPPED
$
INTERNET BANDWITH WITH BURST
$ TOTAL PROPOSAL COST $
Rev 4-18-14
Attachment “U” - Optional Services
Optional Services
1. Do you provide co-location
and failover capabilities to a hot site? Please list all sites outside of the State of Florida that can function as hot site recovery centers. 2. Do you support online
storage, data replication, and application mirroring providing the ability to synchronize servers to a current version of the production site and its data? 3. Do you provide Disaster
Recovery services? If so, please describe recovery capabilities by platform/OS specifically in the Windows and Solaris Unix environment and the use of VMware virtualization. 4. Do you provide disaster
recovery test windows to perform disaster recovery testing exercises? If so, please describe. 5. Do you provide the ability to
cold collocate mission critical servers? This configuration includes the ability to have servers racked and networked in a colocation separate secure data center, but powered off in anticipation of crisis activation.
Rev 4-18-14
Standard Service Offering YES
Outsourcing Required YES
Not Offered at this Time NO
Provide details, options, or exceptions
Optional Services 6. Does your operation provide
automatic network traffic redirection in support of failing over to redundant systems? 7. Do you have DNS hosting
capability whereby domains are managed by vendor to facilitate rapid redirection of website traffic in the event that the backup site needs to be utilized? 8. Do you offer redundant Internet services? What is the minimum and maximum capacity? Do you offer bursting capability? 9. During a disaster event, does your Data Center have "hands on" technical support available to service tenant systems? 10. Can you supply SUN/Oracle M5000 class hardware configured at a minimum of (2) SPARC 64 VII (4) Core 2.66Ghz processors, 32GB of RAM, 5TB of disk storage running Solaris 10 at a colocation center for disaster recovery failover? 11. Can you supply an LTO 4, 50-slot tape library at a colocation site for disaster recovery failover?
Rev 4-18-14
Standard Service Offering YES
Outsourcing Required YES
Not Offered at this Time NO
Provide details, options, or exceptions
Optional Services 12. Can you supply a Windows Dell Blade Center capable of supporting 446 VM's (VMware) with 836 virtual CPU's, 2.3TB of RAM, 90TB (RAID 10), 15K RPM, of disk space at a colocation site for disaster recovery failover? 13. Do you supply dedicated circuit between colocation centers capable of providing at least 45MB of bandwidth, burstable to 100MB with 1GB physical interfaces at each site dedicated to Broward County during a disaster recovery failover? 14. Can you supply a disaster recovery suite at the data center including conference seating for 10 with conference phone and 10 workstations and/or independent cubicles with workstation/phone? 15. Can you provide hosted onsite backup to the "Cloud" in a colocation center for the County's application and data (up to 100TB)? 16. Can you provide hosted Data storage in the "Cloud" in a colocation center for the County's data (up to 100TB)?
17. Can you provide seniorlevel consulting services for disaster recovery strategic assessment and planning?
Rev 4-18-14
Standard Service Offering YES
Outsourcing Required YES
Not Offered at this Time NO
Provide details, options, or exceptions
Optional Services
Standard Service Offering YES
Outsourcing Required YES
Not Offered at this Time NO
18. Can you provide virtual "Windows" servers in the "Cloud" in a collocation center for production use by County?
19. Can you provide penetration-testing services for the perimeter of County's network? 20. Does the proposed Data Center have additional space for expansion should municipalities, education sector entities, and other third parties in addition to County decide to utilize the County's RFP? How much office space is available? How much Computer Room (Raised Floor) is available? 21. Can you provide the names and credentials of their HIPAA Compliance Officer and HIPAA Security Officer? Do you have a statement that demonstrates written HIPAA HI-TECH policies, procedures and training? In addition, can you provide results of external HIPAA assessments performed within the last 36 months? Balance of Page Left Blank Intentionally
Rev 4-18-14
Provide details, options, or exceptions
Attachment “V” - Project Approach Describe the firm's approach to Data Center lease and services programs. Provide documentation or explanation outlining the ability to support answer on all items found in Attachment “V” of this RFP with specific data as required to evaluate each requirement. Please indicate by placing a Yes or No in the appropriate column: Yes or No
Project Approach 1. The proposed vendor does supply a Data Center that supports a diverse path for Fiber Optic connection. Vendor does provide the necessary entry point into the proposed facility supporting the ability to route Broward County private Fiber Optic cable onto the property. Vendor, through use of diversity design, does support Broward’s contracted connection of third party Fiber Optics offered by “tier one” companies such as AT&T, FiberNet, etc. Path diversity requires independent entry points into the building in which no supporting infrastructure are shared between the paths (i.e., each operating as single circuits). 2. Broward County may elect to utilize vendor-provided onsite technical staff working within the Data Center facility. Vendor does provide evidence of the capability to respond to a technical priority request from Broward County within 30 minutes or less. Vendor does possess and provide resumes, certifications, and specialized training of relevant staff. Certifications do show evidence of senior level in the following areas: Networking, Microsoft Server Technology, VMware, and Active Directory. During the course of evaluation, County staff does determine the level of knowledge maturity as per each personnel based on resume content and certifications earned. 3. The proposed vendor does provide documentation describing security measures as related to common outside grounds such as parking lots, outside common areas, and physical access to the Data Center building. For security coverage of the Data Center and external grounds of the facility, vendor does supply (or the proposed facility does include) armed security personnel on a 24 hour, 7 day a week schedule. 4. The proposed vendor does provide separate security access to the building premises, and separate security access to the Data Center computer room (commonly referred to as “Raised Floor”). The proposed vendor does utilize a system that automates the security access of County staff to the premises and Data Center computer room allowing for progressive levels of access within and throughout the Data Center. The Data Center computer room (Raised Floor) does utilize construction allowing a minimum of 150 floor-loading pounds per square feet in a side-by-side, row configuration. This configuration does allow for a “cold” aisle and a “hot” aisle. The proposed vendor does mitigate load density “Hot Spots” within the equipment placement. Rev 4-18-14
Documentation or Explanation to Support Answer
Yes or No
Project Approach
5.
6.
7.
8.
9.
A Data Center utilizing a multi-story facility where equipment is housed on a level other than the foundation floor does provide a floor study detailing live and non-live static load per square foot limitations. Industry standard “raised floor” on the foundation floor is acceptable. Broward County equipment does operate within a secured cage constructed on the computer room floor with two (2) entrance/exit points, ingress and egress only by Broward County authorized staff. Only in cases of an emergency will vendor staff be allowed entry within the cage unless otherwise specifically authorized by County. The Data Center provided by the proposed vendor does utilize a video camera recording system with 30 days of recorded archiving. Video recording does include the external grounds, entrance to the building, and entrance to the computer room, as well as strategically located positions within the Computer room (Raised Floor) to record and archive movement and actions of tenants, equipment vendors, and Data Center personnel. The proposed vendor does provide certification documentation demonstrating compliance with either American Institute of Certified Public Accountants (AICPA) SSAE-16, or SAS70 Audit compliance. The Data Center does provide emergency technical support engineers for facility infrastructure on a 24 hour, 7 day a week schedule. Vendor does demonstrate the ability to retain contractual expert/vendor certified engineers to provide facility infrastructure restoration. The proposed vendor does provide a Network Operations Center (NOC) for the monitoring of all vendor infrastructure systems within the Data Center, and provide a web-based portal for Broward County to use for technical support, problem reporting, service requests, etc. The vendor does notice the County within 24 hours of any planned, routine maintenance to any building infrastructure which may affect County operations, and provide notice as soon as reasonably possible for emergency changes to the infrastructure that may affect County operations. The proposed vendor does provide evidence of fire certification as related to fire suppression within the computer room (Raised Floor). Vendor does provide technical information on type of systems and gaseous chemicals used. Halon technology is not an accepted solution for Broward County. Documentation is required on the capacity and design of the HVAC system for both the computer room (Raised Floor) and office areas. The proposed vendor does provide a design layout of the current electrical plant infrastructure including utility electrical feeds, generator plant, switch technology, and UPS design and capacity.
10. The proposed vendor does provide a design layout of an N+1 Rev 4-18-14
Documentation or Explanation to Support Answer
Yes or No
Project Approach redundancy as defined “N+1 ensures system availability in the event of component failure. Components (N) have at least one independent backup component (+1).” The proposed vendor does demonstrate compliance in N+1 showing independent distribution paths regarding utility power, generators, network connectivity, and water supply for HVAC components as applicable. 11. The proposed vendor does provide a list of spare parts routinely maintained on hand to address critical component parts for UPS systems, Generator systems, HVAC Systems, Water Regulation Systems, Fire Suppression systems. 12. The proposed vendor does provide documentation that demonstrates a schedule of inspections and maintenance logs for all critical facilities infrastructure. In addition, proposed vendor does provide a service plan documenting generator maintenance specifically outlining age, hours of run-time, maintenance and testing plans. The proposed vendor does also include the fuel plan to include, type of fuel, onsite storage capacity as related to run-time, and provide documentation on the active vendor contracts to provide fuel. 13. The proposed vendor is to demonstrate a “Tier” rating as defined by the Uptime Institute. A minimum Tier III (Concurrently Maintainable Site Infrastructure) is acceptable for this solicitation; Tier II facilities consistent within the 90th percentile of Tier III qualifications or better rated is evaluated for acceptance/non-acceptance based on tiering qualifiers or lack thereof. Tier I, is not acceptable for this solicitation. 14. The proposed vendor does provide evidence of the following: Data Center location as related to a FEMA defined flood zone. The construction elevation of the facility does place the foundation level of utility infrastructure within the elevation required to be considered with the boundaries of a 500-year floodplain or better. Proposer does provide elevation of Local Mean Sea Level (LMSL) listing the lowest point of where utility infrastructure critical to the normal operation of the Data Center exists. Proposer does provide actual Data Center computer room (Raised Floor) elevation as related to Local Mean Sea Level (LMSL). County staff does utilize this information to identify the best property design as proposed by the vendor for the purpose of flood mitigation. 15. Proposer does provide evidence on the construction of shielding barriers for external critical utility infrastructure components from outside elements in particular, heavy winds, and flying objects resulting from a substantial and sustained weather event.
16. The proposed vendor does provide documentation on the steps and provisions to operate the designated Data Center location Rev 4-18-14
Documentation or Explanation to Support Answer
Yes or No
Project Approach for a period of 14 continuous days “off the grid” in a selfsustaining mode. 17. The proposed vendor does provide a description of the designated Data Center grounds area specifically related to disaster recovery and protection. The proposed vendor does demonstrate how the Data Center will accommodate space for up to five (5) mobile command vehicles at a minimum of 40 feet in length during a County, State or Federal declared emergency or disaster in the relevant geographical area supported by the Data Center. Proposer does identify a means to provide data connectivity to the command vehicles from the Data Center, and provide the Local Mean Sea Level (LMSL) of the specific location(s) reserved for command vehicle(s) operation. The proposed location of the Data Center grounds does support sufficient drainage to maintain operations during a rainfall measuring up to twenty (20) inches over a 36-hour period within the general postal zip code area of the proposed Data Center. Proposer does provide additional information on the overall drainage strategy and capability as related to the grounds, and the location of the proposed Data Center facility to main thoroughfares and Interstate highway access. 18. The proposed vendor does provide engineering reports, architectural drawings, structural load testing, or any combination thereof defining the structural integrity of the proposed Data Center building describing the structural makeup of the roof design, outer wall construction, and potential failure points (windows, doors, etc.) as related to specifications required to withstand sustained high intensity winds from a major hurricane. The vendor does utilize the Saffir-Simpson scale when stating the category hurricane strength of the structure integrity as related to hurricane strength. Vendors who Fail to provide documentation that clearly demonstrates proper building integrity will not be considered. The proposed vendor does, in addition, provide the building’s most recent roof inspection. The proposed vendor does provide a listing of all equipment that is roof mounted on the Data Center facility for County staff evaluation regarding infrastructure or building integrity failure during a wind event. 19. The proposed vendor does provide the Standard Operating Procedure (SOP) of the proposed Data Center outlining procedures for securing the Data Center in anticipation of a weather related event, lockdown policies, proactive measures to enable redundant systems, and procedures for housing Broward County staff (up to four personnel) within the Data Center during periods of lockdown or declared emergencies. 20. The proposed Data Center does include a loading area for equipment pickup and drop off. The proposed vendor does Rev 4-18-14
Documentation or Explanation to Support Answer
Yes or No
Project Approach accept Broward County destined shipments for placement into a secured temporary holding area for a maximum of fifteen (15) days and provide notification and packing slips to Broward County. The proposed Data Center does make accommodations for Broward County to utilize the shipping area for outbound processing of equipment, tapes, etc. 21. The proposed vendor does provide a secure storage room of up to 100 square feet at no cost to the County within the Data Center building. 22. The proposed Data Center does provide use of a conference room (up to 10 personnel) for use by Broward County at no cost as needed through reasonable advanced scheduling with the proposed vendor. 23. The proposed vendor does make available at the Data Center a Server Lift at no cost with a capability of lifting 500 pounds for installation of equipment in an eight-foot rack height. 24. The proposed Data Center does provide office space, estimated at 200 square feet, to Broward County within the Data Center separate from the Computer room (Raised Floor) area. Normal office amenities are standard and included as part of calculated rent; data connection to Broward County’s secured cage is required. 25. The proposed Data Center does possess the capability to supply all Voltage, Amperage, and Phasing configurations (this includes 120/208 Volt, 30-50Amp, single and three phase circuits). The Data Center is structured in such a way that Broward County can retrieve power from a minimum of four (4) power distribution units (PDUs) utilizing primary and secondary circuit configurations. 26. The proposed vendor may offer setup fees for up to sixty (60) circuits as related to the initial “new” installation of electrical circuits required to power equipment within the computer room (Raised Floor). Circuit setup fees include building the necessary cabling from an identified PDU to the predetermined location with Broward County’s caged area and all other steps to energize and provide services. Upon execution of a lease and invoice delivery for payment of the first monthly rent, the proposed vendor does provide additional electrical circuits without any cost or fees related to the provision of new service. Should Broward County elect to disconnect electrical circuits serving equipment within its caged area, the proposed vendor does disconnect the circuit without any such fees related to the subject de-provisioning of the service.
Rev 4-18-14
Documentation or Explanation to Support Answer
Exhibits Balance of Page Left Blank Intentionally
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Exhibit 1 - Detailed Scope of Work
The qualified firm should provide a facility consistent within the 90th percentile of Tier III qualifications or better rated Data Center with the structural integrity to survive a Category 5 hurricane, based on the Saffir-Simpson scale, shared or private facility under a lease and services agreement in order to house critical information technology infrastructure. The qualified firm should ensure the availability and protection of Broward County hardware, applications and data on a 7/24/365 basis. The qualified firm’s response should include utility pricing models, raised floor and office space rental rates, network capabilities, professional services contract rates, in-house staff support rates, physical plant construction standards, remote hosting services and disaster recovery capabilities through the use of diverse locations. Broward County is seeking a Data Center with a computer room (or Raised Floor) area that does support up to 1,500 square feet of equipment. In addition, office space for use by staff on a daily basis to include permanent staff working a 3rd shift is desired for 200 square feet. Broward County along with other municipalities, law enforcement, education, and constitutional officers of the state may utilize this contract under separate invoicing. Broward County has a desire to explore opportunities on utilizing co-location facilities of the Data Center by either ownership or a firm’s private partnership to expand on our capability for disaster recovery efforts. This includes utilizing a localized Data Center and connected services to a Data Center outside of the State of Florida for replication (or Cold Site) configurations. Broward County is seeking to use its privately owned data network infrastructure (composed of 47 miles of highly redundant fiber optic cabling) and would like to maintain its relationships with its current tier one network service providers. Broward County is also seeking services within the Data Center for provided Internet, peered across multiple carriers with speeds up to 1GB. As the 18th most populous county in the United States, Broward County is a regional provider of programs and services to its residents and visitors. Broward County employs more than 5,200 employees in 50 different agencies in the areas of transportation, human services, planning, and recreation. Broward County's regional services include one of the nation's fastest growing airports, a bustling international seaport, an award-winning library system, an ever-growing mass transit network, an expanding park system, and a variety of community services. While the diversity of Broward County's population of 1.7 million creates unique challenges in delivering services and providing information to our citizens, that diversity also contributes to a dynamic cultural environment that makes Broward County one of the most interesting and robust places in the world to live and work. Balance of Page Left Blank Intentionally
Rev 4-18-14
Exhibit 2 - Sample Contract Language LEASE AND SERVICES AGREEMENT This Lease and Services Agreement ("Lease") is made by and between: ________________________, a Florida ______________ corporation (hereinafter referred to as "Landlord"); and Broward County, a political subdivision of the state of Florida, by its Board of County Commissioners (hereinafter referred to as "Tenant" or "County"). Whereas Broward County has developed this Lease and Services Agreement with the intent that the terms and conditions herein including the then current prices may be used by other Florida government agencies. W I T N E S S E T H: In consideration of the mutual covenants hereinafter contained, it is hereby mutually agreed by and between the parties as follows: 1.
DESCRIPTION, TERM AND RENT
A. Landlord hereby leases unto County “Raised Floor Space” and “Office Space” as is described in Exhibit A and Exhibit B attached hereto and made a part hereof at the address of __________________, situated in the city of ________________, county of Broward, state of Florida (the "Premises"), for the term of three (3) years and two months commencing upon the date of a written Notice to Proceed has been issued by County (the "Effective Date") and terminating on the third (3rd) anniversary of the Rent Commencement Date (which shall begin two months after the Effective Date). Rent shall be due in accordance with the terms of this Lease in the amounts set forth in the Rental Payment Schedule attached as Exhibit B. B. County may, at County’s sole option, add to the term of the Agreement up to twelve (12) additional one (1) year renewal terms which may be exercised, pursuant to paragraph 17 herein, for the total rental which County covenants to pay to Landlord or its duly authorized agent, payable in equal monthly installments as set forth in Exhibit B, at its office located at ______________________, or at such other place as may be designated in writing by Landlord to County, in advance, without demand, on the first day of each month during said term. Rent shall begin to accrue on the Rent Commencement Date and the first payment of rent shall be due on the Rent Commencement Date, as defined in Paragraph 1.A herein, and shall be prorated for the period of time from the Rent Commencement Date to the end of that month. C. Landlord acknowledges and agrees that County has the right to occupy the Premises upon the Effective Date. Landlord further agrees that in the event Landlord enters into any lease during the term of this Lease with another tenant within the Premises for like
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Exhibit 2 - Sample Contract Language (Continued)
space and services on any terms more favorable than the terms of this Lease, this Lease shall automatically be amended to reflect the more favorable terms of the other lease. It is the intent of this section to provide to County a “most favored nations” provision so that County enjoys a Lease with terms as favorable as any other tenant leasing any facilities within the Premises. Landlord agrees that it shall be obligated to notify County within thirty (30) days in the event it enters into a more favorable lease term with another tenant. County shall have the right to review other leases within the Premises at any reasonable time for the purpose of determining Landlord's compliance with this provision. Landlord may redact or remove any confidential information contained in the leases of other tenants. D.
CHANGES TO RAISED FLOOR SPACE
D.1. County may increase or decrease the dimensions or layout of its use of raised floor space (Floor Change). The authority to request a Floor Change, which does not increase Rent, shall reside with the County’s Contract Administrator (defined as County’s Information Systems Director or equivalent). The authority to request a Floor Change, which does increase rent, shall reside with the County’s Director of Purchasing. D.2. County shall give Landlord two (2) months’ Notice that it intends a Floor Change. Landlord shall not unreasonably deny County’s request for a Floor Change nor shall Landlord charge a penalty for the change, and County shall pay any services that are required from Landlord to accommodate the change request. E.
OTHER GOODS AND SERVICES
E.1. Ongoing monthly charges may be incurred according to County’s electric circuit configuration. The charges are defined in Exhibit D, attached here and made a part hereof. E.2. On Demand Services such as those shown in Exhibit E attached hereto, may from time to time and at the County’s sole discretion be requested by County from Landlord. The available services and their non-recurring charges and their recurring charges, if any, are detailed in Exhibit E, attached hereto and made a part hereof. County may request on demand services by completing and submitting a Landlord Service Order as shown in Exhibit F, attached hereto and made a part hereof. Landlord shall not accept a Service Order not approved by the County’s Contract Administrator or designee. F. Landlord agrees that County's obligation to commence the payment of rent is subject to Landlord performing all of the conditions set forth below on or before the Effective Date as indicated in County’s Notice to Proceed. The remedy for nonperformance of the Rev 4-18-14
conditions precedent shall be, at the option of County, the termination of this Lease. Rent shall not commence until all of the conditions precedent set forth in this Section are satisfied as Exhibit 2 - Sample Contract Language (Continued)
evidence by written letter executed by Landlord and County so as to establish the satisfaction of the conditions precedent and the Rent Commencement Date of this lease. 2. PARKING FACILITIES. Landlord warrants that it will provide parking facilities at the location of the Premises to accommodate County's clients, employees, invitees and guests. 3. USE OF PREMISES. County may use and occupy the Premises for operation and storage of County's data center or for any lawful purpose not inconsistent with the general operations of County government, its various subdivisions, agencies, boards, councils, authorities, and departments. County covenants that County will not, without the written consent of Landlord, said consent not to be unreasonably withheld, permit the Premises to be occupied by any person, firm, or corporation other than County and its employees or any equipment not necessary for the operating of County's data center. County further covenants that no nuisance or hazardous trade or occupation shall be permitted or carried on in or upon said premises, no act or thing shall be permitted and no thing shall be kept in or about said Premises which will increase the risk of hazard of fire, and no waste shall be permitted or committed upon or any damage done to the Premises, and County shall not use or occupy or permit the Premises to be used or occupied in any manner which will violate any laws or regulations of any governmental authority. 4. UTILITIES. The following utilities, services and expenses shall be paid by the party identified: LANDLORD TENANT Air conditioning unit maintenance
X
A/C filter maintenance and replacement when obsolete
X
Electricity Raised Floor – (paid on per circuit basis)
X
Electricity Office Space
X
Janitorial services and supplies on a 5-day/week basis
X
Water and sewer service
X
Heat
X
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Pest Control
X
Trash removal
X
Exhibit 2 - Sample Contract Language (Continued)
5. OTHER SERVICES. In addition to the basic services listed above Landlord further agrees that it shall provide to County the following additional services which are included as a part of this Lease for the rental amounts stated in paragraph 1 herein. The Preparation Phase and the Move-In Phase services shall be completed by Landlord prior to the Rent Commencement Date. A. PREPARATION PHASE. Landlord will be responsible for the following actions during the Preparation Phase: A.1. Providing certification or inspection results showing that the facility is built to survive a Category 5 hurricane, based on the Saffir-Simpson scale.
the
A.2. Providing site infrastructure power and environmentals consistent with percentile of an Uptime Institute Tier III level standard (Fault Tolerant).
90th
A.3. Identifying the physical placement of County's Data Center secured caged area and the office space. A.4. Provide County with a copy of Standard Operating Procedures (SOP) as related to activities allowed and disallowed within the Data Center secured area. A.5. Providing to-scale diagrams (MS Visio) that identifies the location of the Power Distribution Units (PDUs) servicing County's Data Center caged area, the layout of the caged area, and the location and layout of the office space. Landlord will maintain these diagrams throughout the life of the lease. A.6. Constructing the security cage and either extending a facility-wide access system or providing a physical key entry to the County’s security cage doors. A.7. County.
Extending their facility-wide access system to the office space provided to
A.8.
Extending their Uninterruptible Power System (UPS) to County's security
cage. A.9. Extending County’s data communications circuits from Landlord's communications rooms to County's security cage. A.10. Extending County’s data communications circuit from County’s security cage to County’s office space. Rev 4-18-14
A.11. Providing secure access for County's staff and third party vendors that will assist in the move-in phase (list of staff to be provided by the Broward County Project Manager). Exhibit 2 - Sample Contract Language (Continued)
A.12. Identifying and preparing a staging area for County to use during the move-in phase. A.13. Accepting shipments of equipment for County from common carriers upon notification of Broward County Project Manager. A.14. Assisting County's Data Communications personnel in getting data communications circuits installed. A.15. Providing a copy of their employee background check policy to County's ETS Security Director. A.16. Landlord will assist County or third party vendor hired by the County to install data communications fiber or cable within the County’s caged area as directed by Landlord. B. MOVE-IN PHASE. This phase of the relocation project will require Landlord to provide the following services: B.1. Landlord will issue County and their third party vendor personnel involved in the move-in phase access cards that will allow access to the Broward County’s caged, office space, loading docks, the designated staging area and any common areas (kitchen, break rooms, restrooms, etc.). B.2. Landlord will provide carts for movement of equipment and tools between the loading dock, staging area and the Broward County caged, office space. B.3. Landlord will connect or assist in the connection of power and data communications feeds to County's equipment as it is installed in the caged, office space. B.4. Landlord will assist County or third party vendor hired by the County to install data communications fiber or cable under the raised floor within the County’s caged area as directed by Landlord. B.5. Landlord will identify temperature hot spots and arrange for proper air flow to accommodate a hot and cold aisle within County's caged area.
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C. NORMAL OCCUPANCY PHASE. Landlord will provide the following services set forth herein and in Exhibits G, H, and I throughout the Normal Occupancy Phase of this Lease and Services Agreement (collectively referred to as "Services"):
Exhibit 2 - Sample Contract Language (Continued)
C.1. Landlord shall provide Services in accordance with the Service Level Agreement attached hereto as Exhibit G, the Support and Maintenance Standards attached hereto as Exhibit H, and the Specifications attached hereto as Exhibit I. C.2. Landlord as the “Facilities Manager” will provide day-to-day facilities operations, including critical building infrastructure and systems, security, maintenance, repair, cleaning, lighting and grounds maintenance. C.3. Landlord will allow County to inspect and validate Landlord's structural capabilities at any time upon reasonable notice (one-week minimum). C.4.
Landlord will provide its maintenance schedule and updates to County.
C.5. In addition to the obligations set forth in the Service Level Agreement and the Support and Maintenance Services exhibits, Landlord will not schedule maintenance downtime or run tests that carry a high probability of downtime during critical County activities. (Critical activity schedule will be provided by County on an annual basis). C.6. Electrical power will be supplied by Landlord based upon the number of circuits provided. The cost associated with this service is payable on a monthly basis. Landlord will add or reduce the number of circuits at County’s request and those changes will be reflected in the monthly billing. The time required to add circuits is 48 hours. C.7. Landlord will provide information concerning any planned remodeling, expansion or additional customer installations to County. C.8. Landlord will provide certification each year on the contract award date that all its employees and any contract support personnel have undergone and passed a background check within the past year. C.9. Landlord will ensure that security personnel are on-site 24 hours a day seven days a week. C.10. Landlord will accept drop shipment of hardware, software, tools, and other material by common carriers and the United States Postal Service (USPS) addressed to County's Data Center. Rev 4-18-14
C.11. Landlord will allow County to securely store its inbound and outbound crates in or near the shipping dock for a period not to exceed 15 days.
Exhibit 2 - Sample Contract Language (Continued)
C.12. Landlord shall make available upon request with reasonable notice, a Server Lift at no cost with a capability of lifting 500 pounds for installation of equipment in an eight-foot rack height. C.13. Landlord will issue additional access cards to County's personnel as requested by the County. County's employees that normally work at Landlord's facility will be issued cards to carry with them at all times. County's employees that have occasion to frequently visit the facility will pick up and drop off their badges for each visit from the security desk. C.14. Landlord's personnel will not have unescorted access to County's caged and office space areas unless an emergency occurs when County's personnel are not on site. Landlord will document emergency access and documentation will be forwarded to County. C.15. Landlord will ensure that the temperature within County's caged area is between 68°F (20°C) and 77°F (25°C) and that the relative humidity is between 40% and 50%. C.16. Landlord will provide power to County's County caged area 100% of the time. C.17. Landlord will assist County or third party vendors hired by County to install data communications fiber or cable under the raised floor within County’s caged area upon the consultation as directed by Landlord. C.18. Landlord shall, upon County’s request, provide to County evidence that Landlord continues to pass the American Institute of Certified Public Accountants’ (AICPA) SSAE 16 (formerly SAS 70) audits on no less than an annual basis.
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D. ADDITIONAL OFFICE AREA SERVICES REQUIRED. following normal facility services: i. Housekeeping ii. Restrooms iii. Break room iv. Kitchenette v. Parking spaces vi. Scheduled use of conference room
Landlord will provide the
E. LOCK-DOWN PHASE. During any lock-down of Landlord's facility, which will happen upon a hurricane warning or other emergency as may be declared by County or Landlord, Landlord will continue to provide all Services identified in the “Normal Occupancy” phase and in addition will provide the following services: Exhibit 2 - Sample Contract Language (Continued)
E.1 During lock-downs, Landlord will provide access to additional County personnel as requested by County. E.2 During lock-downs of up to seven (7) days, Landlord will provide equitable accommodations and provisions for County's personnel working in the caged, office space. Landlord may request reasonable reimbursement for these accommodations, which must be submitted to County. Such request shall not be denied without reasonable cause. F.
MOVE-OUT PHASE
F.1 Landlord will issue additional County and third party vendor personnel involved in the move-out phase access cards that will allow access to County's caged, office space, loading docks, the designated staging area and any common areas (kitchen, break rooms, restrooms, etc.). F.2 Landlord will provide carts for movement of equipment and tools between the loading dock, staging area and the caged, office space. F.3 Landlord will disconnect or assist in the disconnection of power and data communications feeds to County's equipment in the caged, office space. 6.
REPRESENTATIONS AND WARRANTIES; DAMAGES: REMEDIES
A. Landlord represents and warrants that the Premises and Raised Floor Space is consistent within the 90th percentile of Tier III qualifications or better with the structural integrity to survive a Category 5 hurricane, based on the Saffir-Simpson scale, consistent with the terms of this Lease including specifically the Service Level Agreement attached hereto as Exhibit G. Rev 4-18-14
B. Landlord represents and warrants that at all times during this Lease and Services Agreement, the Premises and Raised Office Space meet or exceed the Specifications attached hereto as Exhibit I. C. Landlord acknowledges it is required to provide a 100% reliable data center facility infrastructure, with 0% of Downtime defined, as a failure of power distribution, environmental systems, or any other cause, which causes County to be unable to use its computer systems, which are housed in Landlord’s facilities. Downtime is said to begin at the time that County cannot use its equipment and it is said to end when all of County’s equipment is back to full use, including, but not limited to, the time necessary for an orderly restart of systems services. Landlord agrees that should Downtime occur, County shall be entitled to a credit for the month in which the Downtime occurred and applied to the first month following the Downtime (hereafter called Credit). The calculation for the Credit shall be one-thirtieth (1/30) of the Monthly Invoiced Total (defined as the total billable rent and services for the Exhibit 2 - Sample Contract Language (Continued)
D. month in which the downtime occurred) for each thirty (30) minutes (or part thereof) of Downtime. E. In addition to the specific and limited rent and services credit in the event of loss of power, nothing herein is intended to limit the remedies of County to assert a claim for damages of any nature because of the negligence, omission, or other conduct of Landlord. 7. ALTERATIONS AND IMPROVEMENTS. Unless otherwise prohibited by the terms of this Lease, County may, at its own expense, make such non-structural changes, alterations, additions and improvements to the Premises, as it may deem necessary or expedient in its operation. If it is necessary, County may make structural alterations or additions with Landlord's written consent and such consent will not be unreasonably withheld or delayed. Landlord reserves the right to require any structural changes, alterations, additions, and improvements requested by County to be made by Landlord at County's expense. All such alterations and/or new construction, which are easily severable from the premises, shall, at the sole option of County, be considered personalty and remain the exclusive property of County. County may, in its sole discretion, remove all such property from the Premises upon the termination of this Lease. 8. HOLD OVER BY TENANT. County may hold over and remain in possession of the Premises after the expiration of this lease only with the approval of Landlord and shall, in no event, be deemed or construed to be a renewal or extension of this Lease but shall only operate to create a month-to-month tenancy, including rent and service charges, upon the same terms and conditions as are set forth in this Lease, which may be terminated by either party at the end of any month upon thirty (90) days' prior written notice by certified U.S. mail to the other. 9. RECOVERY OF POSSESSION ON DEFAULT. In the event any rent shall be in default and unpaid after thirty (30) days from due date, Landlord may give County notice thereof, by Rev 4-18-14
certified U.S. mail, and only if County shall fail to remedy such default within thirty (30) days after receipt of such notice shall Landlord have the right to institute proceedings for the recovery of possession of the Premises. Landlord may not withhold the removal of, or take possession of County equipment within the premises as a means to remedy default. 10. CHANGE IN OWNERSHIP/SUB-CONTRACTING SERVICES. Subject to the provisions of paragraph 26, Landlord shall not assign sell, or transfer this Lease without the notice to County. If County elects not to consent to the assignment, sale or transfer by Landlord based on County's reasonable review of the financial and operating history of the new owner, County shall be entitled to terminate the lease upon sixty (60) days’ notice and shall have no obligation to pay rent or for services after the date of termination. Should Landlord assign, sell or transfer this Lease with the consent of County, it shall immediately, together with the new owners, notify County by certified U.S. mail, to whom and where future rentals and services shall be paid. Should either Landlord or the new owners fail to notify County, County shall withhold
Exhibit 2 - Sample Contract Language (Continued)
payment of rentals and services until such notice is received from both Landlord and new owner. The withholding of such rental and services shall not be construed as a default under the Lease. Landlord agrees that it shall not outsource or subcontract security services or any other service, which may have access to County's information systems without County's consent. 11. DAMAGE TO PREMISES. County shall give Landlord, or to its agent, prompt written notice of any accident to, or defect in, the roof, outside walls, foundations, sidewalks, interior walls, skylights, floors, windows, ceilings, sprinkler and hot water systems, elevators, heating units, air conditioning units, plumbing and electrical wiring, utilities or other building components, and the same will be remedied by Landlord with due diligence, subject to the provisions of this Lease dealing with repairs and exterior maintenance. 12. INSPECTION. Landlord, its duly authorized agent, so stated by written notice to County, and any authorized employees of the said agent, may enter said Premises upon reasonable notice to County to examine same or to make needed repairs to said Premises; and, if the Premises consist of only a part of a structure owned or controlled by Landlord, Landlord, its agent or authorized employees may enter the demised Premises at reasonable times upon reasonable notice to County to install or repair items cited herein and other appliances deemed by Landlord to be essential to the use and occupation of other parts of the Premises. 13. FIRE OR OTHER CASUALTY. In the event of injury to the Premises or any part thereof during said term by fire or other cause, County shall give immediate notice thereof to Landlord. The Premises shall be repaired immediately at the expense of Landlord. If the Premises are rendered untenable by the elements or any other cause, all rental payments and other fees shall cease until the same shall be repaired as aforesaid. If the Premises shall be destroyed by the elements or any other cause, or so nearly destroyed as to require substantial rebuilding, Rev 4-18-14
rent and other fees shall be paid up to the time of such destruction and from thenceforth this Lease shall cease and come to an end, and County shall have no further liability. 14. REPAIRS. Landlord covenants to keep the said Premises in good structural repair, so far as concerns County. Landlord shall maintain and keep in good repair the roof, skylights, outside walls, foundations, sidewalks, interior walls, floors, windows, ceilings, sprinkler and hot water systems, elevators, heating plants, air conditioning plants, plumbing, and electrical wiring. Landlord shall also make any repairs necessitated by water seepage or by other causes not under County's control. Landlord shall also make all repairs or changes which may be necessary to make the Premises and the use herein contemplated comply with applicable laws, ordinances, orders or regulations of any federal, state, County or municipal authority now or hereafter in effect unless specifically exempted therefrom. If Landlord fails, within a reasonable time after request, to make such repairs or changes, or repairs necessitated by fire or other casualty, then (a) Landlord shall be liable for any damages to property or loss thereby sustained by County, and (b) County may have such repairs made at the expense of Landlord, and deduct it from future rental payment upon presentation of a certified invoice detailing the repairs made and the expense incurred. Exhibit 2 - Sample Contract Language (Continued)
15. EXTERIOR MAINTENANCE. Exterior maintenance, including without limitation, routine gardening, cutting, mulching, pruning and similar maintenance of all foliage; routine and nonroutine maintenance of parking areas, common exterior areas, swale areas within the property line (including cleaning, painting, striping, paving, and repairs) shall be done by Landlord, at its expense. 16. WAIVER. Failure of either party to insist upon strict performance of any covenant or condition of this Lease, or to exercise any right or option herein contained, shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right of election; but the same shall remain in full force and effect. None of the conditions, covenants, and provisions of this Lease shall be waived or modified except by the Parties hereto in writing. 17. RENEWALS. The term of this Lease may be extended, at the option of County, acting through its County Administrator or duly authorized designee, for twelve (12) successive period(s) of one (1) year(s) each. Such option to extend shall be exercised by County by giving written notice by certified U.S. mail to Landlord not less than sixty (60) days prior to the expiration of the then existing term. Each extended renewal term shall be for one (1) year(s) each, and shall be upon the same terms and conditions as provided in this Lease for the initial term. 18. INSURANCE. The parties hereto acknowledge that County is a self-insured governmental entity subject to the limitations of Section 768.28, Florida Statutes. County shall institute and maintain a fiscally sound and prudent risk management program with regard to its obligations under this Lease in accordance with the provisions of Section 768.28, Florida Rev 4-18-14
Statutes. County’s Workers’ Compensation Program is in compliance with Chapter 440 of the Florida Statutes. County is self-insured and self-administered for Liability and Worker’s Compensation pursuant Section 627.7264, Florida Statutes. Nothing herein is intended to serve as a waiver of County’s sovereign immunity. County shall provide proof of its self-insured status upon execution of this agreement. Landlord agrees that during the term hereof it will, at its expense, keep the Premises insured against loss or damage by fire, together with extended coverage to the extent of replacement value thereof, including plate glass insurance. Said insurance shall, at a minimum, name "Broward County" as an additional insured and meet the insurance coverage’s and limits described on the insurance certificate attached hereto as Exhibit C, attached hereto and made a part hereof. Notwithstanding anything herein to the contrary, Landlord shall repair and replace plate glass damaged as a result of casualty covered under the Landlord's policy of fire insurance with extended coverage. Should Landlord make major repairs or rebuild the Premises, and County elects to remain as a tenant, Landlord shall replace said building with a structure as good as or better than the damaged or destroyed building.
Exhibit 2 - Sample Contract Language (Continued)
19. ENVIRONMENTAL CONTAMINATION. Landlord represents and warrants to County that as of the date of execution of this Lease, neither Landlord, nor to the best of Landlord's knowledge, any third party has used, produced, manufactured, stored, disposed of or discharged any hazardous wastes or toxic substances in, under or about the Premises during the time in which Landlord owned the Premises. 20. HEALTHY ENVIRONMENT. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risk to persons who are exposed to it over time. Levels of radon that exceed Federal and State Guidelines (Excessive Radon Gas) have been found in buildings in Florida. Landlord represents and warrants to County that the occupied building shall be kept free of Excessive Radon Gas. Landlord represents and warrants to County that the occupied building shall be kept free of Other Health Issues as may be defined by State Guidelines as amended. 21. NOTICES. Any notice or demand, which, under the terms of this Lease or by any statute or ordinance, must or may be given or made by a Party hereto, shall be in writing and shall be given by certified or registered U.S. mail sent to the other Party at the address of its principal office herein mentioned, or to such other address as such Party may from time to time designate by notice. Notice to County shall be addressed to: County Administrator Broward County Governmental Center, Room 409 115 South Andrews Avenue Rev 4-18-14
Fort Lauderdale, Florida 33301 With copies to: Real Property Section Broward County Governmental Center, Room 326 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Chief Financial Officer Broward County Governmental Center, Room 513 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Notice to Landlord shall be addressed to: ______________ ______________ ______________
Exhibit 2 - Sample Contract Language (Continued)
22. TERMS. Every term of this Lease shall be deemed and construed to be of the essence thereof, and any breach shall be deemed and construed to be the very substance of this Lease. 23. SUCCESSORS; ASSIGNS. This Lease shall inure to and be binding upon the successors and authorized assigns of the Parties. 24. RIGHT TO MORTGAGE AND SELL. Landlord may encumber the premises by mortgage or mortgages, securing such sum or sums and upon such terms and conditions as Landlord may desire, and any such mortgage or mortgages so given shall be a lien upon the land and buildings superior to the rights of County herein; provided, however, that no mortgage or lien shall encumber County's property. Landlord may sell the premises as set forth herein; however, this Lease shall be expressly assumed by Landlord's vendee. Landlord shall give County prior written notice at least 30 days before the sale of the premises. Such notice shall be given in the manner specified for notices under this Lease. 25. MULTIPLE ORIGINALS. Multiple copies of this Lease may be executed by all parties, each copy of which, bearing original signatures, is to have the force and effect of an original document. 26. PRIOR AGREEMENTS. This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. Rev 4-18-14
The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Lease that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 27. JURISDICTION, VENUE. This Lease shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this lease and any action involving the enforcement or interpretation of any rights hereunder, shall be in Broward County, Florida, and venue for litigation arising out of this Lease shall be exclusively in Broward County state counts, forsaking any other jurisdiction which either party may claim by virtue of its residency, or other jurisdictional device. 28. CONDEMNATION. Landlord reserves unto itself, and County assigns to Landlord, all right to damages accruing on account of any taking or condemnation of all or any part of the Premises, or by reason of any act of any public or quasi-public authority for which damages are payable. County agrees to execute such instruments of assignments as may be required by Landlord, to join with Landlord in any petition for the recovery of damages, if requested by Landlord, and to turn over to Landlord any such damages that may be recovered in any such proceeding. Landlord does not reserve to itself, and County does not assign to Landlord, any Exhibit 2 - Sample Contract Language (Continued)
damages payable for any trade fixtures installed by County at its cost and expense which are not part of the realty, or for any damages for interruption to the business of County which do not compensate loss of real property or any interest therein. 29. PUBLIC ENTITY CRIMES ACT. Landlord represents that the execution of this Lease will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes), which essentially provides that a person or affiliate who is a contractor, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to County and may not submit bids on leases of real property to County for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section shall result in termination of this Lease and recovery of all monies paid hereto. In addition to the foregoing, Landlord further represents that there has been no determination, based on an audit, that it committed an act defined by Section 287.133, Florida Statutes, as a “public entity crime” and that it has not been formally charged with committing an act defined as a “public entity crime” regardless of the amount of money involved or whether Landlord has been placed on the convicted vendor list. 30. INDEPENDENT CONTRACTOR. Landlord is an independent contractor under this Lease. Services provided by Landlord pursuant to this Lease shall be subject to the supervision of Landlord. In providing such services, neither Landlord nor its agents, shall act as officers, employees, or agents of County. No partnership, joint venture, or other joint relationship is Rev 4-18-14
created hereby. County does not extend to Landlord or Landlord's agents any authority of any kind to bind County in any respect whatsoever. 31. THIRD PARTY BENEFICIARIES. Neither Landlord nor County intends to directly or substantially benefit a third party by this Lease. Therefore, the parties agree that there are no third party beneficiaries to this Lease and that no third party shall be entitled to assert a claim against either of them based upon this Lease. The parties expressly acknowledge that it is not their intent to create any rights or obligations in any third person or entity under this Lease. 32. CONFLICTS. Neither Landlord nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with Landlord’s loyal and conscientious exercise of judgment related to its performance under this Lease. Landlord further agrees that none of its officers or employees shall, during the term of this Lease, serve as an expert witness against County in any legal or administrative proceeding in which he, she, or Landlord is not a party, unless compelled by court process. Further, Landlord agrees that such persons shall not give sworn testimony or issue a report or writing, as an expression of his or her expert opinion, which is adverse or prejudicial to the interests of County or in connection with any such pending or threatened legal or administrative Exhibit 2 - Sample Contract Language (Continued)
proceeding. The limitations of this section shall not preclude such persons from representing themselves in any action or in any administrative or legal proceeding. In the event Landlord is permitted to utilize subcontractors to perform any services required by this Lease, Landlord agrees to prohibit such subcontractors, by written contract, from having any conflicts as within the meaning of this section. 33. COMPLIANCE WITH LAWS. Landlord shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and obligations related to this Lease. 34. SEVERANCE. In the event this Lease or a portion of this Lease is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless County or Landlord elects to terminate this Lease. Any election to terminate this Lease based upon this section shall be made within seven (7) days after the finding by the court becomes final. 35. JOINT PREPARATION. The parties acknowledge that they have sought and received whatever competent advice and counsel necessary for them to form a full and complete and complete understanding of all rights and obligations herein and that the preparation of this Lease has been their joint effort. The language agreed to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than any other. Rev 4-18-14
36. AMENDMENTS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Lease and executed by the County’s governing body (such as the Board of County Commissioners) and Landlord or others delegated authority to or otherwise authorize to execute same on their behalf. 37. REPRESENTATION OF AUTHORITY. Each individual executing this Lease on behalf of a party hereto does hereby represent and warrant that he or she is, on the date he or she signs this Lease, duly authorized by all necessary and appropriate action to execute this Lease on behalf of such party. 38. PRIORITY OF PROVISIONS. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Lease by reference and a term, statement, requirement, or provision of Sections 1 through 41 of this Lease, the term, statement, requirement, or provision contained in Sections 1 through 41 shall prevail and be given effect. 39. CONFIDENTIAL INFORMATION. Both parties hereby acknowledge that each may be exposed to confidential information of the other or third parties that is exempt from disclosure Exhibit 2 - Sample Contract Language (Continued)
or prevented from being disclosed by reason of law. Confidential information must be expressly identified in writing by the party claiming such confidentiality and such party must provide the other party with a written statement of the nature of such claim. Confidential information does not include the following: a. Information already known or independently developed by Landlord or County; b. Information in the public domain through no wrongful act of Landlord or County; c. Information received by Landlord or County from a third party who was free to disclose it; or d. Information required to be disclosed by law or an order of court. With respect to the confidential information, both parties hereby agree that during the term of this Lease and at all times thereafter as permitted by law, neither shall use, commercialize or disclose such confidential information obtained from the other to any person or entity, except to such other parties as the party claiming confidentiality may approve in writing and under such conditions as such claiming party may impose in writing. 40. PUBLIC RECORDS. To the extent Provider is acting on behalf of the County as stated in Section 119.0701, Florida Statutes, the Provider shall: a. Keep and maintain public records that ordinarily and necessarily would be kept and maintained by County were County performing the services under this Lease; Rev 4-18-14
b. Provide the public with access to such public records on the same terms and conditions that County would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; c. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer to County, at no cost, all public records in possession of Provider upon termination of this Lease and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to County in a format that is compatible with the information technology systems of County. The failure of Provider to comply with the provisions of this Section shall constitute a material breach of this Lease entitling the County to exercise any remedy provided in this Lease or under applicable law. 41.
OTHER PROVISIONS.
Exhibit 2 - Sample Contract Language (Continued)
41.1 The General Terms and Conditions of this Lease shall apply to any services provided by Landlord under the Lease or an amendment thereto. These terms and conditions shall not apply to the lease provisions of the Lease. 41.2
Payment for services shall not be considered rent under the Agreement.
41.3
Method of Payment a) Landlord may submit invoices for compensation for services no more often than on a monthly basis, but only after the services for which the invoices are submitted have been completed. An original invoice plus one copy are due within fifteen (15) days of the end of the month. Invoices shall designate the nature of the services performed and/or the expenses incurred. b) County shall pay Landlord within thirty (30) calendar days of receipt of Landlord's proper invoice, as required by the "Broward County Prompt Payment Ordinance" (Broward County Ordinance No. 89-49, as may be amended from time to time). c) County may withhold, in whole or in part, payment to the extent necessary to protect itself from loss on account of inadequate or defective work which has not been remedied or resolved in a manner satisfactory to Contract Administrator. The amount withheld shall not be subject to payment of interest by County.
Rev 4-18-14
41.4 Indemnification. Landlord shall at all times hereafter indemnify, hold harmless and, at County Attorney’s option, defend or pay for an attorney selected by County Attorney to defend County, its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused by negligent act or omission of Landlord, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Lease including, without limitation, any and all claims, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. The provisions of this section shall survive the expiration or earlier termination of this Lease. To the extent considered necessary by Contract Administrator and County Attorney, any sums due Landlord under this Lease may be retained by County until all of County's claims for indemnification pursuant to this Lease have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by County. 41.5
Termination 41.5.1. This Lease may be terminated for cause by the aggrieved party if the party in breach has not corrected the breach within ten (10) days after written notice from the aggrieved party identifying the breach. This Lease may also be terminated for convenience by the County's Board upon providing written notice to Landlord of the termination date, which shall be not less than one hundred Exhibit 2 - Sample Contract Language (Continued)
twenty (120) days after the date such written notice is provided. This Lease may also be terminated by the County Administrator upon such notice as the County Administrator deems appropriate under the circumstances in the event the County Administrator determines that termination is necessary to protect the public health or safety. An erroneous termination for cause shall be considered a termination for convenience. 41.5.2. Termination of this Lease for cause by County shall include, but not be limited to, negligent, intentional, or repeated submission for payment of false or incorrect bills or invoices, failure to suitably perform the work, failure to continuously perform the work in a manner calculated to meet or accomplish the objectives as set forth in this Lease, or multiple breach of this Lease which has a material adverse effect on the efficient administration of this Lease and Services Agreement, notwithstanding whether any such breach was previously waived or cured. 41.5.3. Notice of termination shall be provided in accordance with the "NOTICES" section of the Agreement except that notice of termination by County Administrator which County Administrator deems necessary to protect the public health, safety, or welfare may be verbal notice which shall be promptly confirmed in writing in accordance with the "NOTICES" section of the Agreement. Rev 4-18-14
41.5.4. In the event this Lease is terminated for convenience, Landlord shall be paid for any services properly performed to the date the Lease is terminated; however, upon being notified of County's election to terminate, Landlord acknowledges and agrees that ten dollars ($10.00) of the compensation to be paid by County, the receipt and adequacy of which is hereby acknowledged by Landlord, is given as specific consideration to Landlord for County’s right to terminate this Lease for convenience. 41.6 Audit Right and Retention of Records. County shall have the right to audit the books, records, and accounts of Landlord that are related to the services provided under the Agreement, as amended. Landlord shall keep such books, records, and accounts as may be necessary in order to record complete and correct entries related to such services. All books, records, and accounts of Landlord shall be kept in written form, or in a form capable of conversion into written form within a reasonable time, and upon request to do so, Landlord shall make same available at no cost to County in written form. Landlord shall preserve and make available, at reasonable times for examination and audit by County, all financial records, supporting documents, statistical records, and any other documents pertinent to the Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of the Agreement. If any Exhibit 2 - Sample Contract Language (Continued)
audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is determined by County to be applicable to Landlord's records, Landlord shall comply with all requirements thereof; however, no confidentiality or non-disclosure requirement of either federal or state law shall be violated by Landlord. Any incomplete or incorrect entry in such books, records, and accounts shall be a basis for County's disallowance and recovery of any payment upon such entry. 41.7 Assignment and Performance. Neither this Lease nor any interest herein shall be assigned, transferred, or encumbered by Landlord except as expressly permitted herein or as authorized by the Contract Administrator in writing, and Landlord shall not subcontract any portion of the work required by this Lease, except as authorized by the Contract Administrator in writing. Landlord may subcontract any portion of the work required by this Lease for Services to a wholly owned subsidiary of Landlord. Landlord represents that all persons delivering the services required by this Lease have the knowledge and skills, either by training, experience, education, or a combination thereof, to adequately and competently perform the duties, obligations, and services set forth in this Lease and Services Agreement, and to provide and perform such services to County's satisfaction for the agreed compensation. Rev 4-18-14
Landlord shall render all services under this Lease in a professional manner. The standards to be applied in the performance of services by Landlord shall be measured as that deemed reasonable for Landlord's employee category applicable to the service being performed and not that of a reasonable person. Landlord shall perform its duties, obligations, and work under this Lease in a skillful and respectable manner. The quality of Landlord’s performance and all interim and final product(s) provided to or on behalf of County shall be comparable to the best local and national standards. 41.8 Additional Provisions. Any additional provisions entered into any the time of execution of this Lease shall require approval of the parties by initialing at the bottom of any additional page(s), which must be affixed to the Lease. 41.9 TRUTH-IN-NEGOTIATION CERTIFICATE. Signature of this Lease by Landlord shall act as the execution of a truth-in-negotiation certificate stating that rates, fees, other factual costs, and representations supporting the compensation of this Lease are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which County determines the contract price was increased due to inaccurate, incomplete, or noncurrent rates, fees, other factual costs, and representations. All such contract adjustments shall be made within one (1) year following the expiration or earlier termination of the term of this Lease.
Exhibit 2 - Sample Contract Language (Continued)
41.10 HIPAA COMPLIANCE. It is expressly understood by the Parties that County personnel or their agents have access to protected health information (hereinafter known as "PHI") that is subject to the requirements of 45 CFR §160, 162, and 164 and related regulations. In the event Landlord is considered by County to be a covered entity or business associate or is required to comply with the Health Insurance Portability and Accountability Act of 1996 (hereinafter known as "HIPAA"), Landlord shall fully protect individually identifiable health information as required by HIPAA and, if requested by County, shall execute a Business Associate Agreement for the purpose of complying with HIPAA. Where required, Landlord shall handle and secure such PHI in compliance with HIPAA and its related regulations and, if required by HIPAA or other laws, include in its "Notice of Privacy Practices" notice of Landlord's and County's uses of client's PHI. The requirement to comply with this provision and HIPAA shall survive the expiration or earlier termination of this Lease. County hereby authorizes the County Administrator to sign Business Associate Agreements on its behalf. Landlord shall ensure that the requirements of this Article are included in all agreements with its subcontractors. Balance of Page Left Blank Intentionally
Rev 4-18-14
Exhibit 2 - Sample Contract Language (Continued)
IN WITNESS WHEREOF, the Parties have made and executed this Lease on the respective dates under each signature: BROWARD COUNTY through its Board of County Commissioners, signing by and through its Mayor or Vice Mayor, authorized to execute same by Board action, and the __________________________________, signing by and through its _____________________________, duly authorized to execute same. COUNTY
ATTEST:
BROWARD COUNTY, by and through its Board of County Commissioners
Broward County Administrator, as Ex-officio Clerk of the Broward County Board of County Commissioners By ____________________________ Mayor _______________________________ County Administrator
this _____ day of ____________, 20__.
Insurance requirements approved by Broward County Risk Management Division
Approved as to form by Office of County Attorney Broward County, Florida JONI ARMSTRONG COFFEY, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone: (954) 357-7600 Telecopier: (954) 357-7641
By ____________________________ Authorized Signature (Date)
By _____________________________ Noel Pfeffer (Date) Deputy County Attorney
Rev 4-18-14
Exhibit 2 - Sample Contract Language (Continued)
LANDLORD ATTEST:
_________________________ Secretary
By_____________________________ Printed Name____________________ Title____________________________
(SEAL)
_____day of _______, 20__.
OR WITNESSES: __________________________ Witness 1 Signature __________________________ Witness 1 Print/Type Name __________________________ Witness 2 Signature __________________________ Witness 2 Print/Type Name
Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued) Exhibit A - Description of the Leased Premises
<< Here insert diagram and written description of the raised floor space >> Balance of Page Left Blank Intentionally
Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued) Exhibit B - Example of Rental Payment Schedule
The following table identifies the cost of raised floor space and office space. MONTHLY SQUARE FOOT CHARGE Floor Space Raised Floor Data Center Daily Operational Office Space
Cost/Sq.Ft. Per Month
Sq. Ft.
Monthly Cost
$
$
$
$ Totals $
Cost per square foot per month remains constant throughout the term of the Lease, including any renewal terms. Floor space is variable depending upon County’s need. County also agrees to pay monthly for any services utilized by County pursuant to the fee scheduled contained in Exhibits D and E. Balance of Page Left Blank Intentionally
Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued) Exhibit C - Certificate of Insurance
<< Here will be inserted the Landlord’s Certificate of Insurance >> Balance of Page Left Blank Intentionally
Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued) Exhibit D - Example of Monthly Electric Capacity Charge
The cost schedule below identifies the Landlord imposed installation cost for each circuit, the cost of a primary circuit and the cost of redundant power circuits based on the capacity of the circuit. Landlord will not charge for removal of a circuit.
MONTHLY ELECTRIC CAPACITY CHARGE Collocation Power Services – Pricing
One Time Installation Cost
Monthly Primary Power Circuit Cost
120 Volt, Single Phase Additional 20 AMP 120 Volt Single Phase $
$
$
Additional 30 AMP 120 Volt Single Phase $
$
$
Additional 50 AMP 120 Volt Single Phase $
$
$
Additional 20 AMP 208 Volt Single Phase $
$
$
Additional 30 AMP 208 Volt Single Phase $
$
$
Additional 50 AMP 208 Volt Single Phase $
$
$
Additional 20 AMP, 208 Volt Three Phase $
$
$
Additional 30 AMP, 208 Volt Three Phase $
$
$
Additional 50 AMP, 208 Volt Three Phase $
$
$
APC 20 AMP 120V Switched Power Stick $
$
$
APC 30 AMP 120V Switched Power Stick $
$
$
APC 50 AMP 120V Switched Power Stick $
$
$
208 Volt, Single Phase
208 Volt, Three Phase
APC PDU’s
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Rev 4-18-14
Monthly Redundant Power Circuit Cost
Exhibit 2 - Sample Contract Language (continued) Exhibit E - Example of a Table of Rates for other Available Services
Landlord shall make the following other services available to the County on an as required basis. County may request any of the services below by submitting a Service Order (Exhibit F). Landlord shall only accept Service Orders signed by the Broward County ETS Infrastructure Services Director or designee. Monthly Other Services Unit Setup Cost Recurring Cost Raised Floor Secure Cage Custom Cage Construction
SQ. FT.
$
$
12’ x 9’ Disaster Suite with Conference Phone
EA
$
$
Cubicle w/Phone, Workstation
EA
$
$
Declaration Usage Fee Per Seat / Suite
EA
$
$
POTS Cross Connect
EA
$
$
Category 6E Copper Cross Connect
EA
$
$
Fiber Cross Connect
EA
$
$
Redundant Uplink (VRRP)
EA
$
$
POTS Line (Not a Cross Connect)
EA
$
$
2 Hours of Labor / Technical Support
EA
$
$
4 Hours of Labor / Technical Support
EA
$
$
8 Hours of Labor / Technical Support
EA
$
$
Dedicated Per Hour Labor / Technical Support
HR
$
$
Disaster Recovery Reserved Seats and Suites
Cross Connections
Onsite Systems Support-Within Cage
Internet Services Bandwidth, Tier One Provider with Peered Agreements Bandwidth Fees (Capped) 100MB to 249MB
MB
$
$
250MB to 499MB
MB
$
$
500MB to 749MB
MB
$
$
750MB to 1000MB
MB
$
$
100MB to 249MB w/1GB Burstable
MB
$
$
250MB to 499MB w/1GB Burstable
MB
$
$
500MB to 749MB w/2GB Burstable
MB
$
$
750MB to 1000MB w/10GB Burstable
MB
$
$
Bandwidth Fees (w/ Burst)
Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued) Exhibit E - Example of a Table of Rates for other Available Services (Continued)
Landlord shall make the following other services available to the County on an as required basis. County may request any of the services below by submitting a Service Order (Exhibit F). Landlord shall only accept Service Orders signed by the Broward County ETS Infrastructure Services Director or designee. Backup, File Storage, Retention and Archive Services to a Virtual Tape Library Unit Setup Cost Monthly Cost 01TB-14TB Onsite Backup
TB
$
$
15TB-30TB Onsite Backup
TB
$
$
01TB-14TB Offsite Backup
TB
$
$
15TB-30TB Offsite Backup
TB
$
$
Storage Area Network Onsite, Active Drives
GB
$
$
Storage Area Network Onsite, Archive Drives
GB
$
$
Storage Area Network Offsite, Active Drives
GB
$
$
Storage Area Network Offsite, Archive Drives
GB
$
$
Data Storage and Archive
Disaster Recovery Services Consulting Services
Unit
Setup Cost
Monthly cost
Senior Consultant DR Strategic Planning
HR
$
$
Senior Consultant DR Plan Assessment
HR
$
$
Senior Consultant DR Continuity of Business
HR
$
$
Per Hour Cost for onsite Windows Server Support
HR
$
$
Per Hour Cost for onsite Unix Server Support
HR
$
$
Per Hour Cost for onsite Communications Support
HR
$
$
Monthly $
$
Remote Site Managed Services Onsite Support
Secure Internet Connection –Site to Site VPN Per Month Subscription Fee – 45MB Connection Daily Activation Fee – 45MB Connection Per Month Subscription Fee – 1GB Connection Daily Activation Fee – 1GB Connection
EA
$
$
Monthly $
$
$
$
Per Month Subscription Cisco ASA 5550 VPN Concentrator
Monthly $
$
Per Month Subscription Cisco Router with Firewall Feature Set
Monthly $
$
Rev 4-18-14
EA
Exhibit 2 - Sample Contract Language (continued) Exhibit E - Example of a Table of Rates for other Available Services (Continued) Landlord shall make the following other services available to County on an as required basis. County may request any of the services below by submitting a Service Order (Exhibit F). Landlord shall only accept Service Orders signed by the Broward County ETS Infrastructure Services Director or designee. Virtual “Cloud” Equipment Services – Outside State of Florida Windows Dell Blade Center w/360 VMware instances, 2.3TB Ram, 90TB SAN w/Licensing
EA
$
$
Unix Sun M5000 w/Solaris 9/10, 32GB Ram (2) SPARC 64 VII (4) Core 2.66Ghz, 5TB SAN w/Licensing
EA
$
$
Sq. Ft.
$
$
208V Single Phase, 30 Amp (Est. 14 Primary Circuits)
EA
$
$
208V Single Phase, 30 Amp (Est. 14 Secondary Circuits)
EA
$
$
208V Three Phase, 30 Amp (Est. 1 Primary Circuits)
EA
$
$
208V Three Phase, 30 Amp (Est. 1 Secondary Circuits)
EA
$
$
Alternate Data Center Raised Floor Space – Outside State of Florida Raised Floor w/Secure Cage – (Est. 500 Sq. Ft.)
Balance of Page Left Blank Intentionally
Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued) Exhibit F - Service Order
<
> Balance of Page Left Blank Intentionally
Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued) Exhibit G - Service Level Agreement
In connection with all Services provided under the Agreement, Landlord shall, at no additional cost to County, meet or exceed the requirements below. The standards set forth herein are intended to reflect the current industry best practices for the Services. If and to the extent industry best practices evolve to impose higher standards than set forth herein, this Service Level Agreement (“SLA”) shall be deemed to impose the new, higher standards upon Landlord. Landlord shall notify County in writing of any material change to its standards. Any item addressed in this SLA that requires approval by County must be approved in writing. The Contract Administrator and Director of the County’s Division of Enterprise Technology Services (“ETS”) are authorized to approve those items on behalf of County. 1. Security 1.1. Provider will provide County a copy of their annual SSAE16 SOC 2 Type 2 report prior to execution of this Agreement. Provider must provide annual SSAE16 SOC 2 Type reports throughout the life of the Agreement and agrees to make it available to the County’s Security and Compliance team. 1.2. Provider shall maintain controls that establish separation of County data, confidential information, and security information from that of Provider’s other clients. Provider agrees to protect the confidentiality of any County information, such as diagrams, routing information, and any personal information. 1.3. Provider shall maintain industry best practices for data privacy, security, and recovery measures including disaster recovery programs, physical facilities security, server firewalls, virus scanning software, current security patches, user authentication, and intrusion detection and prevention. Upon request (or as otherwise provide in this SLA), Provider shall provide documentation of such procedures and practices to County. 1.4. Provider shall conduct a disaster recovery test in coordination with County at least once per year. The timing and duration of the test will be subject to the approval of County, and shall be coordinated and timed so as to cause minimal or no disruption to the Services or the regular business of County. 1.5. Provider shall report to County if any unauthorized parties are successful in accessing any of the servers (including fail over servers) where County’s data/files are housed, within 24 hours of becoming aware of the incident. Provider shall provide County with a detailed incident report within five (5) days of the breach including remedial measures instituted and any law enforcement involvement. Provider must follow and abide by the Provider’s Incident Response policy. Provider will fully cooperate with County on incident response, forensics, and investigations that involve the Provider’s resources. Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued)
1.6. Provider shall comply with HIPAA and HITECH laws and regulations (42 CFR and 45 CFR) and agrees to execute the Business Associate Agreement (BAA) in the form provided by County. 1.7. Provider shall require that its service providers, subconsultants, and any third party performing any services relating to this Agreement comply with all terms and conditions specified in this Agreement unless County, in writing, excuses any specific compliance with any such term or condition. Provider shall provide County at County’s request, with list of third-party vendors that Provider relies on to provide Services to County. 1.8. Provider shall connect its hosting site through at least two independent Internet Service Providers (ISPs) with separate entry points with full redundancy (dual entrance to facility on redundant equipment). 1.9. Provider shall ensure adequate background checks have been performed on any personnel having access to County data/files. Provider shall deny convicted felons, and other persons deemed by Provider to be a security risk, access to any County data/files 1.10. Provider shall require that its service providers, subconsultants, and any third party performing any services relating to this Agreement comply with all terms and conditions specified in this Agreement unless County, in writing, excuses any specific compliance with any such term or condition. Provider shall provide County at County’s request, with list of third-party vendors that Provider relies on to provide Services to County. 1.11. Provider shall provide County with the names and contact information for a security point of contact and a backup security point of contact to assist County with security incidents that require Provider’s assistance. 1.12. Upon County’s request, after County confirms in writing to Provider that the applicable County data is currently maintained by County or otherwise securely stored, Provider shall securely erase County data on all decommissioned hard drives to National Institute of Standards and Technology (“NIST”) standards or any other mutually agreed-upon standard. Upon request, Provider shall give County a signed certificate of erasure within ten (10) business days. 1.13. Provider will provide infrastructure to support the secure transmission of credit card information and shall comply with the most recent version of the Security Standards Council’s PCI Payment Application Data Security Standard. Provider will support information requests to respond to questions related to any PCI Audits. 2.
Service Availability
Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued)
Network Uptime Guarantee. Landlord guarantees that the network uptime will be 99.99% excluding Scheduled Maintenance as defined herein. Network uptime requires proper functioning of all network infrastructure, including routers, switches and cabling, affecting the County’s ability to reliably transmit or receive data. Network downtime is measured from the time the trouble ticket is opened to the time the Network uptime is fully restored. 2.1
As long as the System is available over the Internet to at least some third parties (i.e., the System is functioning properly and there are no technical issues with Landlord’s or its Internet service provider’s hardware or software), any inability on the part of County to access the System as a result of a general Internet outage will not be counted toward any unavailability time period. Landlord will refund to County five percent (5%) of the monthly fees (or monthly pro rata equivalent, if recurring fees under the Agreement are charged other than monthly) under the Agreement for each 30 minutes of System Availability/Network downtime in excess of that permitted under the Network Uptime Guarantee (up to 100% of County’s monthly fee), measured on a calendar month basis. Such refunds will be paid within 10 days of the applicable Monthly Report or, at County’s option, may be credited against amounts due under any unpaid invoice. 2.2 Scheduled Maintenance. Uptime of County operations is expected twenty-four (24) hours per day, seven (7) days per week. Unanticipated downtime of County operations related to scheduled maintenance requires County to be immediately notified by mass distribution email or call tree as soon as physically possible. Downtime maintenance credits will apply. Landlord may conduct Scheduled Uptime Maintenance through automated notice; County reserves the right to delay the scheduled maintenance if County believes operational Uptime may be impacted. All changes that are expected to take more than four (4) hours to implement or are likely to impact user workflow requires at least five (5) business days’ advance written notice to County. Landlord requires County’s prior written approval, which will not be unreasonably withheld. Monthly Report. By the tenth day of each month, Landlord shall provide to County a report detailing Landlord's performance under this SLA for the prior calendar month. To the extent the performance fails to meet the Network Uptime Guarantee, the report shall calculate the total number of minutes of uptime, respectively, and the percentage of uptime versus total Downtime (e.g., Monthly minutes of network uptime / (Total minutes of operational availability – Minutes of Downtime) = __%). 2.3
Hardware Guarantee. Landlord guarantees the functioning of all hardware components necessary for Landlord to provide the Services and Service Availability herein under a redundant design, and will replace any failed or defective component at no cost to County to maintain redundancy. 2.4
Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued) 2.5 Network Bandwidth/Response Times. Landlord shall ensure packet loss of less than 1% and less than 60 milliseconds domestic latency within Landlord’s network. Landlord shall maintain sufficient bandwidth to the hosting sites and ensure the server processing time to provide millisecond response times from the server. County and Landlord recognize that end user response times are dependent on intermittent Internet service provider network connectivity, and in the case of County’s users, dependent on County’s internal network health.
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Exhibit 2 - Sample Contract Language (continued) Exhibit H - Support and Maintenance Standards
Landlord shall provide County with support and maintenance services so as to ensure and maintain optimal performance of the Data Center, which services shall include the following: a) Timely response and resolution of any errors, defects, malfunctions or other issues affecting the availability of the Data Center (collectively, "Events") in keeping with the Required Response Times stated below; b) On-call availability via telephone and e-mail during normal business hours to receive and respond to inquiries or questions from County regarding use, operation, or functionality of the Data Center; c) Emergency availability via telephone and e-mail after hours to receive and respond to specific technical problems and questions relating to the operation or availability of the Data Center; Support and Maintenance Services shall be provided via telephone, electronic communication, on-site, or as otherwise appropriate to address the issue. Landlord agrees that its personnel shall be suitably trained in the operation, support and maintenance of the Data Center. If in the reasonable opinion of County, the personnel provided are not acceptable, Landlord agrees to provide suitable replacements. Required Response Times. Upon notice by County of an Event, Landlord shall address and resolve the Event consistent with the following priority, response, and resolution levels: Priority Description Critical
Severe
Minor
Minimal
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Definition
Response Time After Notice
Resolution Time after Notice
Event that renders the Data Center and/or interfaces inoperable. Event that results in a significant impairment of performance of the Data Center or impairs essential operations. Event that has minor impact to County's business and that does not impact normal operation of the Data Center.
Immediate response by onsite personnel for any time during a 7/24/365 period
Work until corrected
Immediate response by onsite personnel for any time during a 7/24/365 period
Work until corrected
2 hours during normal business hours
Work until corrected during normal business hours
2 hours during normal business hours; or next business day if outside of normal business hours
Work until corrected during normal business hours
Event that has minimal impact or no impact on County's Data Center.
Exhibit 2 - Sample Contract Language (continued)
Notwithstanding the above-stated schedule, Landlord shall use its continuing best efforts to correct the Event as expeditiously as it can. The Priority Description for each error or issue shall be reasonably determined by the Contract Administrator. Records and Reports. Landlord will maintain records of its Support and Maintenance Services, which shall include at least the following: a) Date, time, and name of contact for each Event; b) Date and time of response by Landlord; c) Description of Event and analysis of error, defect, or other issue causing Event; d) All steps and actions taken to resolve the Event; e) Determination of root cause; f) Date and time of resolution and County representative notified of resolution; and g) All equipment and/or labor costs associated with resolution. At the request of County, Landlord shall provide monthly reports of the foregoing records and statistics of Landlord's average monthly compliance with the Required Response Times. Downtime Maintenance Credit. Landlord acknowledges it is required to provide a 100% reliable data center facility infrastructure, with 0% of Downtime defined, as a failure of power distribution, environmental systems, or any other cause which causes County to be unable to use its computer systems which are housed in Landlord’s facilities. Downtime is said to begin at the time that County cannot use its equipment and it is said to end when all of County’s equipment is back to full use, including, but not limited to, the time necessary for an orderly restart of systems services. Landlord agrees that should Downtime occur, County shall be entitled to a credit for the month in which the Downtime occurred and applied to the first month following the Downtime (hereafter called Credit). The calculation for the Credit shall be one-thirtieth (1/30) of the Monthly Invoiced Total (defined as the total billable rent, electric and services for the month in which the downtime occurred) for each thirty (30) minutes (or part thereof) of Downtime. Balance of Page Left Blank Intentionally
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Exhibit 2 - Sample Contract Language (continued) Exhibit I - Specifications
1. The Data Center must support a diverse path for Fiber Optic connection. Landlord must provide the necessary entry point into the proposed facility supporting the ability to route Broward County private Fiber Optic cable onto the property. Landlord, through use of diversity design, must support Broward’s contracted connection of third party Fiber Optics offered by “tier one” companies such as AT&T, FiberNet, etc. Path diversity requires independent entry points into the building in which no supporting infrastructure are shared between the paths (i.e., each operating as single circuits). 2. Broward County may elect to utilize Landlord-provided onsite technical staff working within the Data Center facility. Landlord must provide evidence of the capability to respond to a technical priority request from Broward County within 30 minutes or less. Landlord must possess and provide resumes, certifications, and specialized training of relevant staff. Certifications shall show evidence of senior level in the following areas: Networking, Microsoft Server Technology, VMware, and Active Directory. 3. The Data Center computer room (Raised Floor) shall utilize construction allowing a minimum of 150 floor-loading pounds per square feet in a side-by-side, row configuration. This configuration will allow for a “cold” aisle and a “hot” aisle. Landlord will mitigate load density hot spots within the equipment placement. 4. Landlord must utilize a video camera recording system for the Premises with 30 days of recorded archiving. Video recording shall include the external grounds, entrance to the building, and entrance to the computer room, as well as strategically located positions within the Computer room (Raised Floor) to record and archive movement and actions of tenants, equipment vendors, and Data Center personnel. 5. Landlord will provide certification documentation demonstrating compliance with either American Institute of Certified Public Accountants (AICPA) SSAE-16 or SAS70 Audit compliance. 6. The Data Center must provide emergency technical support engineers for facility infrastructure on a 24 hour, 7 day a week schedule. Landlord shall provide a Network Operations Center (NOC) for the monitoring of all Landlord infrastructure systems within the Data Center, and provide a web-based portal for Broward County to use for technical support, problem reporting, service requests, etc. Landlord shall notice the County within 24 hours of any planned, routine maintenance to any building infrastructure which may affect County operations, and provide notice as soon as reasonably possible for emergency changes to the infrastructure that may affect County operations. 7. Landlord will provide evidence of fire certification as related to fire suppression within the computer room (Raised Floor). Landlord must provide technical information on type of Rev 4-18-14
systems and gaseous chemicals used. Halon technology is not an accepted solution for Broward County. Exhibit 2 - Sample Contract Language (continued)
8. Landlord will provide a design layout of the current electrical plant infrastructure including utility electrical feeds, generator plant, switch technology, and UPS design and capacity. 9. Landlord will provide a design layout of an N+1 redundancy as defined “N+1 ensures system availability in the event of component failure. Components (N) have at least one independent backup component (+1).” Landlord shall demonstrate compliance in N+1 showing independent distribution paths regarding utility power, generators, network connectivity, and water supply for HVAC components as applicable. 10. Landlord shall maintain spare parts on hand to address critical component parts for UPS systems, Generator systems, HVAC Systems, Water Regulation Systems, Fire Suppression systems. 11. Landlord shall provide documentation that demonstrates a schedule of inspections and maintenance logs for all critical facilities infrastructure. In addition, Landlord shall provide a service plan documenting generator maintenance specifically outlining age, hours of run-time, maintenance and testing plans. Landlord shall also include the fuel plan to include, type of fuel, onsite storage capacity as related to run-time, and provide documentation on the active vendor contracts to provide fuel. 12. Landlord must maintain a facility consistent within the 90th percentile of Tier III qualifications or better rated (Concurrently Maintainable Site Infrastructure) for the Premises. 13. Landlord shall provide evidence of the following: Data Center location as related to a FEMA defined flood zone. 14. Landlord will maintain shielding barriers for external critical utility infrastructure components from outside elements in particular, heavy winds, and flying objects resulting from a substantial and sustained weather event. 15. Landlord provide documentation and capability for the Premises and Data Center to operate for a period of 14 continuous days “off the grid” in a self-sustaining mode. 16. Landlord shall ensure the Data Center will accommodate space for up to five (5) mobile command vehicles at a minimum of 40 feet in length during a County, State or Federal declared emergency or disaster in the relevant geographical area supported by the Data Center. Landlord will identify a means to provide data connectivity to the command vehicles from the Data Center, and provide the Local Mean Sea Level (LMSL) of the specific location(s) reserved for command vehicle(s) operation. The Data Center grounds shall support sufficient drainage to maintain operations during a rainfall measuring up to twenty (20) inches over a 36-hour period within the general postal zip code area of the proposed Data Center. Rev 4-18-14
Exhibit 2 - Sample Contract Language (continued)
17. Landlord will provide the building’s most recent roof inspection. Landlord must provide a listing of all equipment that is roof mounted on the Data Center facility for County staff evaluation regarding infrastructure or building integrity failure during a wind event. 18. Landlord will provide the Standard Operating Procedure (SOP) of the proposed Data Center outlining procedures for securing the Data Center in anticipation of a weather related event, lockdown policies, proactive measures to enable redundant systems, and procedures for housing Broward County staff (up to four personnel) within the Data Center during periods of lockdown or declared emergencies. Landlord shall make available at the Data Center a Server Lift at no cost with a capability of lifting 500 pounds for installation of equipment in an eight-foot rack height. 19.
The Data Center must possess the capability to supply all Voltage, Amperage, and Phasing configurations (this includes 120/208 Volt, 30-50Amp, single and three phase circuits). The Data Center shall be structured in such a way that Broward County can retrieve power from a minimum of four (4) power distribution units (PDUs) utilizing primary and secondary circuit configurations. 20.
Balance of Page Left Blank Intentionally
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Exhibit 3 - Evidence of Authorization to do Business
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Exhibit 4 - Tour of Facility Checklist
Inspection Item 1.
2.
3.
4.
a. Fiber Optics: Does Data Center support a diverse path for Fiber Optic connection? b. Does Landlord provide the necessary entry point into the proposed facility supporting the ability to route Broward County private Fiber Optic cable onto the property? c. Does Landlord, through use of diversity design, support Broward’s contracted connection of third party Fiber Optics offered by “Tier one” companies such as AT&T, FiberNet, etc. into the building in which no supporting infrastructure are shared between the paths (i.e., each operating as single circuits)? a. Staffing: Broward County may elect to utilize Landlord-provided onsite technical staff working within the Data Center facility. Does Landlord provide evidence of the capability to respond to a technical priority request from Broward County within 30 minutes or less? b.Does Landlord possess and can provide resumes, certifications, and specialized training of relevant staff. Certifications shall show evidence of senior level in the following areas: Networking, Microsoft Server Technology, VMware, and Active Directory? a.Flooring: Does the Data Center computer room (Raised Floor) have and show construction allowing a minimum of 150 floor-loading pounds per square feet in a side-by-side, row configuration? b.Does this configuration allow for a “cold” aisle and a “hot” aisle? c.Does Landlord mitigate load density hot spots within the equipment placement? a. Video Recording: Does the Landlord have a video camera recording system for the Premises with 30 days of recorded archiving? b. Does Video recording include the external grounds, entrance to the building, and entrance to the computer room, as well as strategically located positions within the Computer room (Raised Floor) to record and archive movement and actions of tenants, equipment vendors, and Data Center personnel?
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Yes / No
Comments
Exhibit 4 - Tour of Facility Checklist (Continued) Inspection Item
Yes / No
5. a. Does the Data Center provide emergency technical support engineers for facility infrastructure on a 24 hour, 7 day a week schedule?
b. Does Landlord have a Network Operations Center (NOC) for the monitoring of all Landlord infrastructure systems within the Data Center, and have a web-based portal for Broward County to use for technical support, problem reporting, service requests, etc.?
c. Does Landlord notice the County within 24 hours of any planned, routine maintenance to any building infrastructure which may affect County operations, and provide notice as soon as reasonably possible for emergency changes to the infrastructure that may affect County operations? 6. a. Does Landlord have evidence of fire certification as related to fire suppression within the computer room (Raised Floor)? b.Does Landlord provide technical information on type of systems and gaseous chemicals used? Halon technology is not an accepted solution for Broward County. 7. Does Landlord have a design layout of the current electrical plant infrastructure including utility electrical feeds, generator plant, switch technology, and UPS design and capacity? 8. a.Does Landlord have a design layout of an N+1 redundancy as defined “N+1 ensures system availability in the event of component failure. Components (N) have at least one independent backup component (+1)?” b.Did Landlord demonstrate compliance in N+1 showing independent distribution paths regarding utility power, generators, network connectivity, and water supply for HVAC components as applicable? 9. Does Landlord have and maintain spare parts on hand to address critical component parts for UPS systems, Generator systems, HVAC Systems, Water Regulation Systems, Fire Suppression systems? 10. Is Landlord facility consistent within the 90th percentile of Tier III qualifications or better rated (Concurrently Maintainable Site Infrastructure) for the Premises?
Rev 4-18-14
Comments
Exhibit 4 - Tour of Facility Checklist (Continued) Inspection Item 11. Does Landlord have shielding barriers for external critical utility infrastructure components from outside elements in particular, heavy winds, and flying objects resulting from a substantial and sustained weather event? 12. Does Landlord have documentation and capability for the Premises and Data Center to operate for a period of 14 continuous days “off the grid” in a self-sustaining mode? 13. a.Does the Landlord show or display that the Data Center will accommodate space for up to five (5) mobile command vehicles at a minimum of 40 feet in length during a County, State or Federal declared emergency or disaster in the relevant geographical area supported by the Data Center? b.Does Landlord identify a means to provide data connectivity to the command vehicles from the Data Center, and provide the Local Mean Sea Level (LMSL) of the specific location(s) reserved for command vehicle(s) operation? c.Does the Data Center grounds support sufficient drainage to maintain operations during a rainfall measuring up to twenty (20) inches over a 36-hour period within the general postal zip code area of the proposed Data Center? 14. Does Landlord have available at the Data Center, a Server Lift at no cost with a capability of lifting 500 pounds for installation of equipment in an eight-foot rack height? 15. a.Does the Data Center possess the capability to supply all Voltage, Amperage, and Phasing configurations (this includes 120/208 Volt, 30-50Amp, single and three phase circuits)? b.Is the Data Center structured in such a way that Broward County can retrieve power from a minimum of four (4) power distribution units (PDUs) utilizing primary and secondary circuit configurations?
Rev 4-18-14
Yes / No
Comments
