Contract 2018-86 c. ERMOkr
CHARLES L. BROADWAY
Police Chief
CLERI'IONI Tel 352-394-5588
41/
Choice of Champions-74441- Fax 352-394-1644
cbroadway@clermontfl.org
DATA CENTER HOSTING AGREEMENT
WHEREAS:
A. Clermont Police Department hereafter referred to as CPD, is a Law Enforcement Agency
providing telecommunication services using wide area computer networks including,without
limitation, the Internet to Florida State University for exclusive use by the TraCS Florida
project, hereafter referred to as"Customer".
B. CPD has the right to sell bandwidth to Customer and to connect Customer's server to the
Internet.
C. Customer wishes to have its server connected to the Internet and to purchase the use of
bandwidth therefore from CPD.
NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained, the
parties agree as follows:
1. Definition
For the purpose of this agreement, the following terms shall have the following meanings respectively:
A. "Internet Connection"-connection of Customer's server to the Internet by CPD.
B. "Price"-the price payable by Customer to CPD each year while Internet Connection exists,
as set forth and selected by Customer in the amount of$1,208.33 per month, not to exceed
11 months to be charged quarterly to the TraCS Florida project not to exceed $13,291.63.
If necessary,November 2018 payment amount will be pro-rate based on the execution date.
C. "Server Placement" - placement of Customer's computer server at a location where it is
capable of being connected to the Internet.
D. "Term"-Annually commencing on the execution date and ending September 30th,2019.
E. "Service Plan"-Service Plan by which CPD will render service to Customer which commences
upon execution of this agreement and/or establishment of connection of service and
terminated upon CPD's confirmed receipt of client's written cancellation request. (See
Section 8 and 9)
F. "Public IP Addresses"-A unique string of numbers separated by periods that Identifies each
computer using the Internet Protocol to communicate over a network.
2. Internet Connection
CPD agrees to provide Customer with Server Placement, Public IP addresses, and Internet Connection
for the term.
TraCS CPD Data Center Hosting Agreement
Rev 10/24/2018 �, . 1
3. Electricity and Climate
CPD agrees to supply electricity necessary for equipment covered under this agreement to operate and
establish and maintain a plan for redundant electricity in case of the loss of the primary power source
(ie. backup generator). CPD also agrees to maintain standard temperature, humidity, and other climate
and environmental conditions favorable to the operation of the hardware covered by this agreement in
the location that the hardware is stored.
CPD agrees to notify Customer as soon as possible after discovery of a power,dimate,or
environmental change that may affect service or the operation of the Customer's hardware.
4. Payment Guarantee,Late Fees,Subscription Renewal, Default of Payment,
and Refund
Billing will begin on the execution date. Customer agrees and HEREBY GUARANTEES PAYMENT to CPD
for the price applicable to the Services selected by Customer,including all services that CPD has rendered
to Customer, in accordance with Section 215.422, Florida Statutes Customer agrees to pay for any
products Customer orders throughout the term. Any goods or services provided to FSU by Contractor
that are not enumerated in an FSU purchase order will be at Contractor's sole liability and expense.
If the Customer defaults in payment for whatever reason a notice will be provided, and the Customer
will be given the opportunity to resolve any billing issues in a reasonable amount of time.
All fees paid and charges made prior to termination as provided herein, excluding any advance charge
for the subscription term, during which the Customer or CPD terminates the subscription, are
nonrefundable. Furthermore, termination of the subscription shall not relieve you of any obligations to
pay accrued invoices/charges.
5. Racking Hardware in Shared Colocation Space
All hardware should be rack mounted and secured properly in the cabinet by the Customer or the
Customer's Representatives.This means that free standing items, such as a drive, should be In a storage
container and mounted to the cabinet. Exceptions may be made at CPD's discretion.
6. Customer's Warrant as to Legality of Data
CPD is not responsible for the type of data conveyed via Customer's server. Customer warrants to CPD
4 that all data conveyed via Customer's server will comply with the laws of the United States of America,
and the state of Florida.
7. Force Majeure, Representations and Warranties, and Indemnity
Neither party is responsible for failure or delay in performance caused by acts of God, strikes, floods,
fire, war, public enemy, electrical or equipment failure, failure of third parties or any event beyond its
reasonable control.
The Customer agrees that the use of the Colocation Service is entirely at the Customer's own risk. The
Service is made available on an"as is", "where is", and"with all faults"basis without warranties of any
TraCS CPD Data Center Hosting Agreement
Rev 10/24/2018 2
kind, either expressed or implied, or statutory, including, without limitation, any implied warranties of
merchantability, non-infringement or fitness for a particular purpose. In no event will CPD be liable for
any damages, including,without limitation,direct, indirect, incidental,special, consequential,or punitive
damages arising out of the use of or inability to use CPD's services or any content thereon.This disclaimer
applies, without limitation, to any damages or injury, whether for breach of contract,tort,or otherwise,
caused by any failure of performance; error; omission; interruption; deletion; defect;delay in operation
or transmission; computer virus; file corruption; communication-line failure; network or system outage;
or theft,destruction, unauthorized access to,alteration of,or use of any record.
The provision of Internet Connection at any particular bandwidth rate does not constitute a guarantee
of the end to end throughput or bandwidth available to Customer. CPD will provide support for any
hardware provided by it for the Internet Connection,and should any problems arise with CPD's hardware
or software it will take reasonable action to rectify the situation and will keep Customer informed of the
progress. If Customer's server or the data transmitted via such server is in some way harmful to the
network, CPD reserves the right to disconnect the Internet Connection until the problem is resolved.
Each party will be responsible for its own negligence arising out of the parties'respective tasks and duties
that are the subject of this agreement. This recognition by the parties is intended to be consistent with
the state's waiver of sovereign immunity pursuant to section 768.28, Florida Statutes and the Florida
Supreme Court's decision in Florida Department of Natural Resources v. Garcia, 753 So.2d 72, 77-78
(Fla. 2000), and does not alter such waiver, waive any lawful defense, or extend liability of either party
beyond the limits established by Section 768.28, Florida Statutes. In the event of legal action under this
contract, each party agrees that it shall be responsible for its own legal costs, including attorney'sfees.
8. Termination by CPD
CPD reserves the right to terminate this Agreement:
(A) Forthwith if Customer defaults in making the payments required of it hereunder.
(B) The Customer violates the terms of this agreement.
(C) The Customer is in violation of State or Federal Laws and/or in violation of the policies and
procedures governing Criminal Justice Information access.
9. Termination by Customer
Customer may terminate this Agreement by giving thirty (30) business days prior written notice.
10. Access to Server
CPD shall grant the Customer reasonable access to the premise of Customer's server 24 hours per day,
seven days per week. In the event of power outage, CPD agrees to restart FSU servers and
other equipment in the most timely manner possible, in order to minimize downtime.
11. Personnel Use
CPD shall grant the Customer use of personnel including but not limited to when required to physically
install hardware components, configure machines to operate on the domain, assign network IPs, install
remote software so remote employees can access machines, perform regular maintenance on
hardware, create and maintain network diagrams, respond to emergency calls if loss of network
connectivity, and assist with FDLE/FBI inquiries, audits, and executes Memorandum of Understandings
with Law Enforcement Agencies.
12. Agreement Supersede
TraCS CPD Data Center Hosting Agreement
Rev 10/24/2018 3
The parties acknowledge and agree that this Agreement together with FSU's purchase order represents
a composite of all previous agreements reached to date and that hereafter this Agreement is the only
agreement between the parties with respect to the rights and obligations contemplated by this
Agreement,and shall supersede and replace any discussion, letter or form of agreement,oral or written,
which may exist as of the date of execution and delivery of this Agreement
13. Applicable Law
This Agreement shall be construed and enforced in accordance with and the rights of the parties shall
be governed by the laws of the State of Florida, USA.
14. Notices
All notices, statements or other documents that any party to this Agreement is required to or elects to
give to the other will be in writing and will be delivered in one of the following ways:
(A) By Federal Express
(B) By Facsimile Transmission
(C) By E-Mail
In the event that the contact e-mail should change at any time during the course of the subscribed
Service Plan, Customer agrees to update CPD immediately of such changes so appropriate
communication between both parties can continue without delay or interruption.
15. Amendment
This agreement may be modified at any time by CPD for any reason as set forth in Section 8, or in order
to comply with any local, national or international laws, rules or regulations, with notice of such
modification to Customer, which notice may be sent to Customer by E-Mail, fax, or regular mail.
Customer Name: s)nk ca\.[ a` ' i '►tiQ
Address: 31-,GXC X`' �%�c( a'1
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City, State&Zip: '7,‹ nc0
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Primary Phone Number: " ;—
Primary E-mail:_ Lr c • ;,t .keel-vVn.wM7
Secondary E-mail: G ac2�I C lertmon 1- f M•or+
I
4
TraCS CPD Data Center Hosting Agreement
Rev 10/24/2018 14
THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER. BY SIGNING BELOW,
THE CUSTOMER WARRANTS TO CPD THAT HE/SHE IS OF EIGHTEEN (18) YEARS OF AGE OR OLDER,
IS AUTHORIZED TO OBTAIN SERVICES,AND INDICATES THAT YOU,THE CUSTOMER, HAVE READ THIS
DATA CENTER HOSTIG AGREEMENT IN ITS ENTIRETY, THAT YOU UNDERSTAND IT, AND THAT YOU
CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, WHERE THIS AGREEMENT SETS
FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR SUBSCRIPTION TO THE CPD
SERVICES THAT YOU HAVE SELECTED, AND YOUR USE OF AND ACCESS TO ANY SERVICE PROVIDED
BY CPD.
The parties to this contract shall be bound by Appendix: FY2019 - Subcontract Agreement
Required Federal Clauses, Per Part V.
Digitally signed by Janine E.Welch
Janine E. DN:en-Janine E.Welch,o,
•
ou=FAMU-FSU Engineering,
email=jwelch@eng.famu.fsu.edu, 11/7/18
FSU Project Director SignaW e l c h. c=US Date:
-Datr20t8TY.o?-11:26:38-eriee,
Printed Name&rttie: Janine Welch, Assistant Dean Adminstration
CPD Chief Sig .r • A.✓ .,,,,. Date: 1 1
Printed Name&T1tle: C �a C keS GOciOf Cin te- C7 (Q.
rr Director: adire Date: 11/5/2018
Printed Name&Ttte:Donald C. Dennis, I .T. Director
CONfTRACTUAL REVIEWED AND AGREEMENTERVICES
A` 'c s;FE TY.4DretuN4S TOR 00
/
Digitally signed by Julie V Wammack for Gary K
Julie V Wammack Ostrander
DN:cn=Julie V Wammack for Gary K Ostrander,
(' K } ,J o=Florida State University,ou=Office of
or Gary Ostrander Research,email=jwammack@fsu.edu,c=US
Date:2018.11.07 14:49:20
Gary K. Ostrander,
Vice President for Research 11/7/18
TraCS CPD Data Center Hosting Agreement
Rev 10/24/2018 I S
FY2019 -Subcontract Agreement Required Federal Clauses, Per Part V
The parties to this subcontract shall be bound by all applicable sections of Part V:Acceptance
and Agreement of Project#M3DA-19-18-01 , FOOT Contract#G1081 .A final invoice must
be received by September 15'", 2019 or payment will be forfeited.
ii. Buy American Act.The Buy America Act prohibits the use of Federal highway safety grant
funds to purchase any manufactured product or software/information technology systems
whose unit purchase price is$5,000 or more, including motor vehicles,that is not produced in
the United States. NHTSA may waive those requirements if(1)their application would be
inconsistent with the public interest; (2)such materials and products are not produced in the
United States in sufficient and reasonably available quantities and of a satisfactory quality;or
(3)the inclusion of domestic material will increase the cost of the overall project contract by
more than 25 percent.
iii. Certification Regarding Federal Lobbying.The subcontractor certifies, to the best of his or
her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid,by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency,a Member of Congress,an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any
Federal contract,the making of any Federal grant,the making of any Federal loan,the
entering into of any cooperative agreement,and the extension,continuation, renewal,
amendment,or modification of any Federal contract,grant, loan,or cooperative
agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress,an officer or employee of Congress,or an employee
of a Member of Congress in connection with this Federal contract,grant, loan,or
it cooperative agreement,the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions.
I
iv. Cooperation with the Inspector General. It is the duty of every subcontractor to cooperate
with the inspector general in any investigation,audit,inspection,review,or hearing pursuant to
this subgrant agreement.Chapter 20.055(5), F.S.
v. DBE Assurance.The subcontractor shall not discriminate on the basis of race,color, national
origin,or sex in the performance of this contract. The consultant or contractor shall carry out
applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-
assisted contracts. Failure by the consultant or contractor to carry out these requirements is a
material breach of this contract,which may result in the termination of this contract or such
other remedy, as the Subrecipient or the Department deems appropriate.
vi. E-Verify. Any subcontractors performing work or providing services pursuant to the subgrant
agreement are required to utilize the U.S. Department of Homeland Security's E-Verify system
to verify the employment eligibility of all new employees hired by the subcontractor during the
contract term.
vii. Nondiscrimination. During the performance of this subcontract, the Subcontractor agrees:
FY2019- Subcontract Agreement Required Federal Clauses, Per Part V
1. To comply with all Federal nondiscrimination laws and regulations, as maybe
amended from time to time
2. Not to participate directly or indirectly in the discrimination prohibited by any Federal
non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 2land
herein
3. To permit access to its books, records, accounts, other sources of information, and
its facilities as required by the FOOT State Safety Office, USDOT or NHTSA
4. That, in event a Subcontractor fails to comply with any nondiscriminationprovisions
in this subgrant, the Subrecipient will have the right to impose such subgrant
sanctions as it or NHTSA determine are appropriate, including but not limited to
withholding payments to the Subcontractor under the contract/agreement until the
Subcontractor complies; and/or cancelling. terminating,or suspending a contract or
funding agreement, in whole or in part.
viii. Clean Air Act and Federal Water Pollution Control Act. Subcontracts for amounts in
excess of$150,000 must comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution
Control Act as amended(33 U.S.C. 1251-1387).Violations must be reported to theFederal
awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
11/6/2018 Fax
ti` ' PROCUREMENT Florida State University Purchase Order
6. as m m t Purchase Order Date PO/Reference No. Revision No.
�" SERVICES Nov 5, 2018 FS19048281 0
Contact Information
Procurement Information For general questions concerning this PO,please contact:
1400 University Center,BLDG A Procurement Email Phone OPRID
282 Champions Way Officer
Tallahassee FL,32306-2370
Lyle Hackett lhackett@fsu.edu 850.645.2304 LHACKETT
Office:850-644-6850 For specific questions concerning delivery and/or if there is no name listed above,
Fax:850-644-8921 please contact:
http://procurement.fsu.edu
Requester Name Email
Tax Exempt ID:85-8012584914C-7 Megan N.Milla mmilla@fsu.edu
Authorized Signature
Chief Procurement Officer:Rosey
Murton
Order acceptance instructions:
ACCEPTANCE OF THIS PURCHASE ORDER CONSTITUTES ACCEPTANCE OF THE UNIVERSITY'S
STANDARD PURCHASE ORDER TERMS AND CONDITIONS WHICH MAY BE VIEWED AT THE
FOLLOWING WEBSITE: http://procurement.fsu.edu/files/StandardTermsandConditions.pdf
Supplier Information Delivery Information
Supplier Name CITY OF CLERMONT Delivery Address
Payment Terms 0%0,Net 40 Florida State University
Address 685 W MONTROSE ST ATTN: Megan N.Milla
CLERMONT,FL 34711-2119 US RM/FLR/STE: A129
Freight Terms DEPT: CEE
Ship Via Best Carrier-Best Way
2525 Pottsdamer St
F.O.B. FAMU/FSU Eng Bldg A
Tallahassee,FL 32310
United States
ShipTo Address Code SCE1
Requested Due Date
Shipping Instructions Billing Address
Supplier Terms and Conditions Florida State University
Charge to PO Listed Above PAYABLES&DISBURSEMENT SERVICES
UCA-5607 UNIVERSITY CENTER
TALLAHASSEE,FL 32306-2391
United States
Terms and Conditions
There are no dauses associated with this Purchase Order.
Size/
Line No. Product Description Catalog No. Packaging Unit Price Quantity Ext Price
1 of 1 CPD data hosting FY18-19 TraCS 1/EA 13,291.63 1 EA 13,291.63
USD USD
ADDITIONAL INFO
https://solutions.sciquest.com/apps/Router/POFax?pold=872449288dmstmp=1541520418659301 1/2
11/6/2018 Fax
Unit Price 13,291.63
Taxable No
Capital Expense No
Commodity Code 81112105
Web site hosting/maintenance
(740703)
Total 13,291.63 USD
I
httpsi/solutions.sciquest.com/apps/Router/POFax7pold=87244928&tmstmp=1541520418659301 212
FD0-1
Florida Department of Transportation
RICK SCOTT 605 Suwannee Street MIKE DEW
GOVERNOR Tallahassee, FL 32399-0450 SECRETARY
October 31,2018
Janine Welch
Florida State University
Division of Sponsored Research
Post Office Box 3064166
Tallahassee,FL 32306-4166
RE: Project Name: TraCS Support,Enhancement and Training
Project Number: M3DA-19-18-01
DOT Contract Number: G1081
Dear Ms.Welch:
We have reviewed the draft subcontract agreement with Clermont Police Department not to too exceed
the amount of$13a91.63 to provide professional services for installing a new firewall,storage array and
supporting network environment between the dates of November 1,2018—September 30,2019.This
contract is hereby approved.The subcontract agreement will be effective the date the last party signs the
agreement,and only those charges incurred from that date will be eligible for reimbursement.
Please send us a copy of the executed subcontract after it has been signed.We will not be able to process
invoices for the services under this subcontract until we receive a copy of the executed subcontract. A
copy of this letter and the executed subcontract will become a part of your permanent project file.
If you have any questions or need assistance,please contact your Program Manager Melissa Gonzalez at
(850)414-4207.
Sincerely,
Chris Craig,CPM,FCCM
Traffic Safety Administrator
CC/mg
Enclosures
cc: Contract File
Financial File
www.fdot.gov
Florida A&M University- Florida State University Dept.of Civil&Environmental Eng.
PCOLLEGE OF ENGINEERING Tallahassee
a sumac
h�asee FL 32310-6046
(850)410.6139
Department of Civil and Environmental Engineering FAX(850)410-6142
EMAIL'/awPr,xi,
October 16,2018
Chris Craig
Traffic Safety Administrator
Department of Transportation
605 Suwannee St. (MS 17)
Tallahassee,Fl 32399-0450
Re: Request for authorization to use contract funds for Contractual Services
111
Dear Mr. Craig:
On behalf of the TraCS Florida Project, I am requesting approval to use TraCS Support,
Enhancement and Training(Project M3DA-19-18-01/D.O.T.Contract Number G1081)
funds to contract with Clermont Police Department for the 2018-2019 fiscal year to provide us
with all-inclusive,Criminal Justice Information Services compliant data hosting site and
services.
Please see the attached Contractual Services Agreement for details.
We hope you will honor this request. Thank you for your continued cooperation.
Sincerely,
11,Lii(-)LikTh
ine etch