July 14, 2008
MEMORANDUM NO.: (252-004-07-ACS)-5
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Title:
Contract No. 252-004-07-ACS
Principle Technology: BMC Software Distribution, Inc.
Effective immediately BMC contact information, reseller list, and ordering instructions page have been
updated. Please note these changes for all future orders. Please direct any questions regarding this
Contract to Lori Potts at (850) 487-4196 or Lori.Potts@dms.myflorida.com.
May 9, 2008
MEMORANDUM NO.: (252-004-07-ACS)-4
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Title:
Contract No. 252-004-07-ACS
Principle Technology: BMC Software Distribution, Inc.
Effective immediately Lori Potts will assume contract administration duties for this State Term Contract.
Please direct any questions regarding this Contract to Lori Potts at (850) 487-4196 or
Lori.Potts@dms.myflorida.com.
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
Suite 360
April 29, 2008
MEMORANDUM NO.: (252-004-07-ACS)-3
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT: Contract No. 252-004-07-ACS
Title: Principle Technology: BMC Software Distribution, Inc.
The current alternate contract source is being extended until September 29, 2008. Please direct
any questions regarding this Contract to Mark Foss at (850) 488-1086 or
Mark.Foss@dms.myflorida.com.
4/2/07 (Rev 14 July 08)
Page 3 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
Suite 360
December 7, 2007
MEMORANDUM NO.: (252-004-07-ACS)-2
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT: Contract No. 252-004-07-ACS
Title: Principle Technology: BMC Software Distribution, Inc.
Effective immediately Mark Foss will assume contract administration duties for this State Term
Contract. Please direct any questions regarding this Contract to Mark Foss at (850) 488-1086 or
Mark.Foss@dms.myflorida.com.
4/2/07 (Rev 14 July 08)
Page 4 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
October 30, 2007
MEMORANDUM NO.: (252-004-07-ACS)-1
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No. 252-004-07-ACS
Title: BMC Software Distribution, Inc.
Effective immediately Fredrick Ross will assume contract administration duties for this State
Term Contract. Please direct any questions regarding this Contract to Fredrick Ross at (850)
488-1086 or Fredrick.Ross@dms.myflorida.com.
4/02/07 (Rev 14 July 08)
Page 5 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
ALTERNATE CONTRACT SOURCE AGREEMENT
FOR USE BY ALL ELIGIBLE USERS
TERMS AND CONDITIONS
Pursuant to section 287.042(16)(a)-(b), Florida Statutes (2004), the Department of Management Services
(“DMS”) has evaluated the contract attached hereto as Exhibit B (the “contract”) and has determined that
it is cost-effective and in the best interest of the state to allow eligible users (“Buyers”) to enter into
transactions with the Contract vendor (“Vendor” or “Contractor”). The terms and conditions contained in
this Alternate Contract Source Agreement (“Agreement”), the Special Conditions in Exhibit A including
Price Sheets and all related license documentation, and the Terms and Conditions of the Contract shall
apply to all transactions between the Vendor and a Buyer.
1. This Agreement shall become effective on the last signature date indicated below, and shall remain in
effect through May 15, 2008 unless terminated earlier. DMS reserves the right to cancel this contract
at any time by giving 30 days’ written notice to the Vendor.
2. In order to procure commodities or services hereunder, Buyers shall issue purchase orders referencing
this Agreement. Buyers are responsible for reviewing the terms and conditions of this Agreement and
the Contract attached as Exhibit B. The governmental entity that originally procured the underlying
Contract is not a party to this Agreement or any purchase order issued by a Buyer hereunder.
3. In order to complete any transaction between a Buyer and the Vendor, the Vendor must be registered
in MyFloridaMarketPlace. Rule 60A-1.031, Florida Administrative Code (F.A.C.), is hereby
incorporated by reference. All transactions are subject to a transaction fee of 1.0% pursuant to the
rule.
4. The provisions of section 287.058(1)(a), (c), and (f), F.S., are hereby incorporated by reference. If the
transaction involves contractual services, the provisions of 287.058(1)(b),(d), and (e), F.S., are also
incorporated by reference.
5. The State of Florida’s performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Legislature. The Vendor shall comply with section 11.062, F.S. and
216.347, F.S., prohibiting use of funds to lobby the Legislature, Judiciary, or State agencies.
6. The Vendor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are
applicable to the conduct of its business, including those of Federal, State, and local agencies having
jurisdiction and authority. By way of non-exhaustive example, the Vendor shall comply with section
247A(e) of the Immigration and Naturalization Act, the Americans with Disabilities Act, and all
prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap,
marital status, or veteran’s status.
4/02/07 (Rev 14 July 08)
Page 6 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
7. Interest penalties for late payment are available subject to the provisions of section 215.422, F.S. A
Vendor Ombudsman, whose duties include acting as an advocate for Vendors who may be
experiencing problems in obtaining timely payment(s) from a state agency may be contacted at (850)
413-5516 or by calling the Department of Financial Services Consumer Hotline at (800) 342-2762.
8. The exclusive venue of any legal or equitable action that arises out of or relates to this Agreement or
the Contract shall be the appropriate state or federal court in Leon County, Florida; in any such
action, Florida law shall apply, and the Vendor waives any right to jury trial that it may have.
9. All transactions are subject to the terms of the following documents, which in case of conflict shall
have the order of precedence listed:



This Agreement;
The Special Conditions contained in Exhibit A (if any); and
The Contract contained in Exhibit B.
Agreed and Approved by:
State Purchasing
Department of Management Services
Contract Vendor
BMC Software Distribution, Inc.
Signature:
___________________________________
Signature:
___________________________________
Name:
___________________________________
Name:
___________________________________
(print)
Date:
___________________________________
4/02/07 (Rev 14 July 08)
(print)
Date:
___________________________________
Page 7 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
Exhibit A
Special Conditions
The Department is approving certain items on the reference Contract. Items that fall under the following
class and group designation are hereby approved by the Department for purchase under this Agreement:
252-030-080 BMC APPLICATIONS SOFTWARE
252-260-080 BMC DEVELOPMENT TOOLS
252-590-080 BMC OPERATING SYSTEMS
252-920-080 BMC UTILITIES
The following conditions apply for purchases made under this Agreement. Sections pertaining to
Leasing (SIN 132-3) and Consulting Services (SIN 132-51) contained in Exhibit B are not applicable
to this Agreement.
B 1.
Invoicing and Payment
Notwithstanding any provision of the Contract, the Contractor shall supply electronic invoices in
lieu of paper-based invoices for those transactions processed through the electronic procurement
system currently known as MyFloridaMarketPlace. Electronic invoices shall be submitted to the
Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms – EDI
810, cXML, or web-based invoice entry within the ASN.
B 2.
Indemnification and Limitation of Liability
If this contract is for purchase of software maintenance services, then the following shall apply:
Contractor’s entire liability and the State’s exclusive remedy for damages to the State for any
cause whatsoever, and regardless of the form of action, whether in contract or in tort including
negligence, shall be limited to actual damages up to the greater of $100,000 or an amount equal
to 12 months maintenance charges for the specific software product under this Agreement that
caused the damages or that are the subject matter of, or are directly related to, the cause of action.
Such maintenance charges will be those in effect for the specific software product when the cause
of action arose. The foregoing limitation of liability will not apply to (a) the payment of cost and
damage awards referred to in Special Condition entitled “Patents and Royalties”, or to (b) claims
for re-procurement costs or the cost of cover pursuant to State Purchasing Rule 60A-1.006(4)
entitled “Default”, or to (c) claims by the State for personal injury or damage to real property or
tangible personal property caused by Contractor’s negligence or tortuous conduct.
If this contract is for services other than hardware or software maintenance, then the following
shall apply: Contractor’s entire liability and the State’s exclusive remedy for damages to the
State for any cause whatsoever, and regardless of the form of action, whether in contract or in tort
including negligence, shall be limited to actual damages up to the greater of $100,000 or an
amount equal to the charges invoiced for the services which are the subject matter of, or are
4/02/07 (Rev 14 July 08)
Page 8 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
directly related to, the cause of action. The foregoing limitation of liability will not apply to (a)
the payment of cost and damage awards referred to in “Patents and Royalties” or to (b) claims for
re-procurement costs or costs to cover pursuant to State Purchasing Rule 60A-1.006(4) entitled
“Default”, or to (c) claims by the Department for personal injury or damage to real property or
tangible personal property caused by the Contractor’s negligence or tortuous conduct.
If this contract is for the acquisition of licensed programs, including personal computer licensed
programs, then the following shall apply: Contractor’s entire liability and the State’s exclusive
remedy shall be as follows: In all situations involving performance or non-performance of
licenses programs furnished under this Agreement, the State’s remedy is (1) the correction by the
Contractor of licensed program defects, or (2) if, after repeated efforts, the Contractor is unable to
make the licensed program operate as warranted, the State shall be entitled to recover actual
damages to the limits set forth in this section. For any other claim concerning performance or
non-performance by the Contractor pursuant to, or in any way related to, the subject matter of this
Agreement the State shall be entitled to recover actual damages to the limits set forth in this
section. Contractor’s liability for damages to the State for any cause whatsoever, and regardless
of the form of action, whether in contract or in tort including negligence, shall be limited to the
greater of $100,000 or the one time charges paid for, or any monthly license or initial license
charges which would be due for 12 months use of the licenses program that caused the damages
or that is the subject matter of, or is directly related to, the cause of action and shall include any
initial or process charges paid to the Contractor. This limitation of liability will not apply to (a)
the payment of cost and damage awards referred to in Special Condition entitled “Patents and
Royalties” or to (b) claims for re-procurement costs or the cost of cover pursuant to State
Purchasing Rule 60A-1.006(4) entitled “Default”, or to (c) claims for personal injury or damage
to real or tangible personal property caused by the Contractor’s negligence or tortuous conduct.
Contractor shall hold and save the State harmless for any and all suits and judgments against the
State for personal injury or damage to real or tangible personal property caused by Contractor’s
tortuous conduct in the performance of this Agreement provided that, (a) the State promptly
notifies Contractor in writing of any claim, and (b) Contractor shall be given the opportunity, at
its option, to participate and associate with the State in the control, defense and trial of any claims
and any related settlement negotiations and, provided further, that with respect to any claim, or
portion thereof, for which Contractor agrees at the initiation of such claim that Contractor shall
save and hold the State harmless, Contractor shall have the sole control of the defense, trial and
any related settlement negotiations, and (c) the State fully cooperates with Contractor in the
defense of any claim.
In no event, however, will Contractor be liable for (a) any damages caused by the State’s failure
to perform the State’s responsibilities, or for (b) any lost profits or other consequential damages,
even if Contractor has been advised of the possibility of such damages, or for (c) any claim
against the State by any other party, except as provided in the hold harmless provision of the
preceding paragraph of this Special Condition and except as provided in the Special Condition
4/02/07 (Rev 14 July 08)
Page 9 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
entitled “Patents and Royalties”, or for (d) any damages caused by performance or nonperformance of machines or programming located outside the United States of Puerto Rico.
B 3.
Price List
The Contractor shall configure its own PRICE LIST equal to the Exhibit B Contract Source for
all eligible offerings and post the prices on the Contractor’s dedicated Florida pricing URL
specified below under “Price Sheets”. However, price changes must be reviewed and approved
by the Department’s Contract Administrator before they can be posted to the Contractor’s
dedicated Florida pricing URL.
Price list and revisions must be provided by the Contractor in American Standard Code for
Information Interchange (ASCII) text format or as a Word for Windows file.
At the discretion of the Department, price lists and revision text or Word for Windows files will
be required to be sent electronically using E-MAIL, and/or shipped by carrier using diskette, to
the Contract Administrator.
B 4.
Patents and Royalties
The Contractor, without exception, shall indemnify and save harmless the purchaser and its
employees from liability of any nature or kind, including cost and expenses for or on account of
any copyrighted, patented, or unpatented invention, process or article supplied by the Contractor.
The Contractor has no liability when such claim is solely and exclusively due to the combination,
operation or use of any article supplied hereunder with equipment or data not supplied by
Contractor or is based solely and exclusively upon the State’s or Eligible User’s alteration of the
article. The purchaser will provide prompt written notification of a claim of copyright or patent
infringement and will afford the Contractor full opportunity to defend the action and control the
defense. Further, if such a claim is made or is pending the Contractor may, at its options and
expenses procure for the purchaser the right to continue use of, replace or modify the article to
render it noninfringing. (If none of the alternatives are reasonably available, the State or Eligible
User agrees to return the article on request to the Contractor and receive reimbursement, if any, as
may be determined by a court of competent jurisdiction.) If the Contractor uses any design,
device, or materials covered by letters, patent or copyright, it is mutually agreed and understood
without exception that the negotiated prices shall include all royalties or costs arising from the
use of such design, device, or materials in any way involved in the work.
4/02/07 (Rev 14 July 08)
Page 10 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Changes to the following information do not require a formal contract amendment and may be
authorized by the Department’s Contract Administrator:




Price Sheets
Ordering Instructions
Authorized Resellers
DMS Contract Administrator
4/02/07 (Rev 14 July 08)
Page 11 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
PRICE SHEETS
TO VIEW PRICING CLICK ON THE FOLLOWING LINK:
NOTE: VOLUME DISCOUNTS LOCATED SECTION 7 OF EXHIBIT B
http://www.bmc.com/florida/
4/02/07 (Rev 14 July 08)
Page 12 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
BMC Software Distribution, Inc.
ORDERING INSTRUCTIONS
NOTE: ALL ORDERS SHOULD BE DIRECTED TO EITHER THE VENDOR OR A
RESELLER:
SPURS VENDOR NUMBER:
F-760494252 (Rev 14 July 08)
VENDOR:
BMC Software Distribution, Inc. (A)
STREET ADDRESS OR P.O. BOX: 2101 City West Boulevard
CITY, STATE, ZIP:
Houston, Texas 77042-2827
TELEPHONE:
(800) 841-2031
TOLL FREE NO.:
(800) 841-2031
ORDERING FAX NO.:
(713) 918-2389
REMIT ADDRESS:
2101 City West Boulevard
CITY, STATE, ZIP:
Houston, Texas 77042-2827
<WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD>
PRODUCT
INFORMATION:
DIRECT INQUIRE TO:
NAME AND TITLE:
Bill Grubb, Account Manager (Rev 14 July 08)
ADDRESS:
2101 City West Boulevard
_______
CITY, STATE, ZIP:
Houston, Texas 77042-2827
_______
TELEPHONE:
(678) 443-2483 (Rev14 July 08)____________
TOLL FREE NO.:
(800) 841-2031
URL HOME PAGE ADDRESS:
http://www.bmc.com
ELECTRONIC MAIL ADDRESS:
(Rev 2 Feb 01) (Rev 14 July 08)
4/02/07 (Rev 14 July 08)
_______
william_grubb@bmc.com___________________
Page 13 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
Authorized Resellers
Change Formation
FEIN: 04-3686431
2504-C E. 71st Street
Tulsa, OK 74136
Contact: David Tammen
e-mail: david.tammen@cformation.com
Office: 770-554-4301
Toll-Free: 866-914-8844
Fax: 404-506-9907
Website: www.cformation.com
Enterprise Management Solutions, Inc.
(EMS) (A)
600 Cleveland Street Suite 1050
Clearwater, Fl 33755
727-447-3330
Fax 727-447-0188
Adam Alonso
adam@emsservices.com
SPURS: F59-3608718-001
Infospectrum Consulting, Inc.
1220 East Forest Ave.
Wheaton, IL 60187
Brad Scott
757-548-6420
FAX: 757-548-6520
brad@infospectrumconsulting.com
FEID #: 36-4224138
Consonus (formerly Strategic
Technologies) (A)
301 Gregson Drive
Cary, NC 27511
Stuart Borie
954-232-4859
stuart.borie@stratech.com
FEID#: 56-1622525
ESCgov, Inc.
Tax ID: 65-1187014
7726 Falstaff Rd.
Mclean, VA 22102
Keith Zagurski
e-mail: kzagurski@escgov.com
phone: (571) 643-2055
Progressive Security Technologies
FEID: F470888966
LBTCF 8000 GRSI Rd Bldg 3000
Baton Rouge, LA 70820
William Barton
e-mail: willb@progressive-security.com
Phone: (225) 578-0369
FEID#: 56-1622525
4/02/07 (Rev 14 July 08)
Page 14 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
Nashco Consulting Limited
Tax ID # is 98-0389725
3511 Silverside Road, Suite 105
Wilmington, DE 19810
Contact: Brian Stainsby
Email: bstainsby@nashcosolutions.com
Office: 866.590.0846
Direct: 250-469-9299
Fax: 403.206.7693
Website: www.nashcosolutions.com
Synergy ITSM
FEIN: 20-2851652
2180 Satellite Blvd., #400
Duluth, GA 30097
Contact: Cristy Castano
e-mail: cristy@synergyitsm.com
Ofice: 678-388-9391, ext. 702
Fax: 678-388-9391
Website: synergyitsm.com
Column Technologies
111 Broadway, Suite 1504
New York, NY 10006
Ordering Contact: John Kalinski
Phone: 561-252-0397
Fax: 561-282-6146
Email: jkalinski@columnit.com
Website: www.columnit.com
FEIN: 36-4354884
RightStar Systems, Inc.
100 East Street, SE, Suite 202
Vienna, VA 22180
Ordering Contact: Steve Pritchett
Phone: 678-921-5062
Fax: 770-234-6746
Email: steve.pritchett@rightstarsystems.com
Website: www.rightstarsystems.com
FEIN: 04-3771867
(Rev 14 July 08)
4/02/07 (Rev 14 July 08)
Page 15 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
CONTRACT ADMINISTRATOR
JON YEATON
PHONE: (850) 488-1086
SUNCOM: 278-1086
EMAIL: Jon.Yeaton@dms.myflorida.com
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
4/02/07 (Rev 14 July 08)
Page 16 of 17
Governor Charlie Crist
Secretary Linda H. South
Division of State Purchasing
4050 Esplanade Way, Suite 360
Tallahassee, Florida 32399-0950
850-488-8440: TEL
850-414-6122: FAX
http://dms.myflorida.com
EXHIBIT B
The following GSA Schedule 70 Contract #GS-35F-5237H, BMC Software Distribution Inc., is
hereby incorporated as Exhibit B to this Agreement.
Contract can be found on the General Services Administration’s Schedule e-Library website at the
following link:
www.gsaelibrary.gsa.gov
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
4/02/07 (Rev 14 July 08)
Page 17 of 17