er
Suite 315
August 16, 2005
MEMORANDUM NO.:
“We serve those who
serve Florida”
(252-006-99-1)-17
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: McAfee, Inc.
JEB BUSH
Governor
Tom Lewis, Jr.
Secretary
The contract administrator has change from Stu Potlock to Jon Yeaton.
Any questions or problems in delivery or service that may arise regarding
this contract should be directed to the Contract Administrator.
DSP/SP/meb
Office of the Secretary
4050 Esplanade Way
Tallahassee, Florida
32399-0950
Telephone:
850-488-2786
Fax:
850-922-6149
Internet:
www.MyFlorida.com
er
Suite 315
June 30, 2005
MEMORANDUM NO.:
“We serve those who
serve Florida”
(252-006-99-1)-16
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: McAfee, Inc.
JEB BUSH
Governor
Tom Lewis, Jr.
This contract has been renewed between July 1, 2005 through December 31,
2005.
Secretary
Any questions or problems in delivery or service that may arise regarding
this contract should be directed to the Contract Administrator.
DSP/SP/meb
Office of the Secretary
4050 Esplanade Way
Tallahassee, Florida
32399-0950
Telephone:
850-488-2786
Fax:
850-922-6149
Internet:
www.MyFlorida.com
The Administrative and Operations Arm
of Florida’s Government
BUSH, GOVERNOR
DEPARTMENT OF MANAGEMENT
SERVICES
WILLIAM S. SIMON, SECRETARY
Suite 315
September 20, 2004
MEMORANDUM NO.:
(252-006-99-1)-15
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: McAfee, Inc.
This contract has been renewed between October 1, 2003 through June 30, 2005.
Network Associates has changed their name to McAfee, Inc.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to the Contract Administrator.
DSP/SP/meb
State Purchasing ● 4050 Esplanade Way ● Tallahassee, Florida 32399-0950 ● Telephone: 850-488-8440 ● Fax: 850-414-6122
The Administrative and Operations Arm
of Florida’s Government
BUSH, GOVERNOR
DEPARTMENT OF MANAGEMENT
SERVICES
WILLIAM S. SIMON, SECRETARY
Suite 315
September 26, 2003
MEMORANDUM NO.:
(252-006-99-1)-14
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
This contract has been renewed for one year between October 1, 2003 through September 30,
2004.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to Stu Potlock at (850) 488-1086, Suncom 278-1086, or e-mail potlocs@dms.state.fl.us.
DSP/SP/meb
State Purchasing ● 4050 Esplanade Way ● Tallahassee, Florida 32399-0950 ● Telephone: 850-488-8440 ● Fax: 850-414-6122
The Administrative and Operations Arm
of Florida’s Government
BUSH, GOVERNOR
DEPARTMENT OF MANAGEMENT
SERVICES
WILLIAM S. SIMON, SECRETARY
Suite 315
August 5, 2003
MEMORANDUM NO.:
(252-006-99-1)-13
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
This contract has been revised to add Amendment 1 in support of MyFloridaMarketPlace. The
amendment can be viewed below.
Any questions or problems in delivery or service that may arise regarding this contract should be
directed to Steve Poole at 850.488-4945, Suncom 278-4945, pooles@dms.state.fl.us
DSP/SP/meb
State Purchasing ● 4050 Esplanade Way ● Tallahassee, Florida 32399-0950 ● Telephone: 850-488-8440 ● Fax: 850-414-6122
FLORIDA DEPARTMENT OF
MANAGEMENT SERVICES
JEB BUSH
WILLIAM S. SIMON
Governor
Secretary
State Term Contract No. 252-006-99-1
Amendment No. 1
THIS AMENDMENT, effective as of the last date signed below, is by and between the
State of Florida Department of Management Services (the “Department”) and the entity
identified below as Contractor (the “Contractor”) (collectively, the “Parties”), and amends State
Term Contract No 252-006-99-1 (the “Contract”).
WHEREAS the Department is implementing an electronic procurement system, currently
known as MyFloridaMarketPlace, (the “System”) with the assistance of a third-party agent,
Accenture LLP (“Accenture”); and
WHEREAS the Department wishes to include the Contractor and the Contract in the
System; and
WHEREAS the Contractor desires to participate in the System; and
WHEREAS the Contract allows modifications in the event an electronic procurement
system is implemented.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration receipt and sufficiency of which are hereby acknowledged, the Parties
agree as follows:
1. Registration. The Department shall allow the Contractor, following effective
registration with Accenture, to participate in the System. The Contractor shall register in the
System within ten (10) business days of the effective date of this Amendment. Contractor shall
visit www.myfloridamarketplace.com and follow the appropriate instruction in order to register.
2. Transaction Fee. Effective April 1, 2003, the Contract provision entitled
“SURCHARGE USER FEE AND SUMMARY OF TOTAL SALES” is deleted and replaced
with the following “Transaction Fee” section. This Transaction Fee is in lieu of, and not in
addition to, the surcharge fee authorized by section 287.1345, Florida Statutes (2002).
State Purchasing ● 4050 Esplanade Way, Suite 350, Tallahassee, Florida 32399-0950
TELEPHONE: 850-488-8440 ● FAX: 850-488-5498
Transaction Fee
The Department has instituted a statewide eProcurement System (“System”), with the assistance
of a third-party agent, Accenture LLP (“Accenture”). All transactions from this Contract shall be
deemed a “transaction processed through the eProcurement System” as that term is used in the
contract between the Department and Accenture. Pursuant to section 287.057(23), Florida
Statutes (2002), a Transaction Fee of one percent (1.0%) of the total dollar amount of each
purchase order shall apply to all purchases from this Contract. The fee shall be paid by the
Contractor, and shall not be added to purchase orders as a separate item. Because the
Transaction Fee will be used, in part, to compensate Accenture for the development, operation,
and maintenance of the System, Accenture is an intended third-party beneficiary of this
paragraph imposing the Transaction Fee on transactions from this Contract.
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee
shall, when possible, be automatically deducted from payments to the Contractor. If automatic
deduction is not possible, whether within or without the State accounting system, Accenture shall
either (1) establish with the Customer an automated process for billing and collecting the
Transaction Fee from payments that are made to the Contractor or (2) rely upon the Contractor to
self-report and pay the Transaction Fee pursuant to processes that Accenture may establish. By
submission of these reports and corresponding Contractor deposits, Contractor is certifying their
correctness. All such reports and fee deposits shall be subject to audit by the State.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase
of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of
the Contractor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an
item is rejected or returned, or declined, due to the Contractor’s failure to perform or comply
with specifications or requirements of the applicable purchase order or Contract.
Contractors shall be responsible for reporting sales and paying user fees resulting from sales
made by authorized resellers.
Failure to comply with these requirements shall constitute grounds for declaring the
Contractor in default and recovering reprocurement costs from the Contractor in addition
to all outstanding fees.
CONTRACTORS DELINQUENT IN PAYING
TRANSACTION FEES MAY BE EXCLUDED FROM BIDDING ON
DEPARTMENT CONTRACTS.
3. Electronic Invoicing. Notwithstanding any provision of the Contract, the Contractor shall
supply electronic invoices in lieu of paper-based invoices for those transactions processed
through the System. 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.
4. Catalog Data. Accenture is responsible for converting Contract catalog information into a
format supported by the System. To accomplish this conversion, the Contractor shall provide
certain information in electronic format directly to Accenture; alternatively, the Contractor may
follow the “punchout” solution described in more detail below.
Within ten (10) days of written notice from Accenture, Contractor shall provide all information
necessary to facilitate electronic purchases from this contract, or shall contact Accenture and
begin work on the “punchout” solution described below. Such information may include, but is
not limited to, Contractor name, SKU, brand/manufacturer, product name and brief description,
unit of measure, and price. Contractor shall provide this information in the format requested by
Accenture. No costs or expenses associated with providing this information shall be charged to
the Department, Customers, or Accenture. With Contractor’s timely assistance, Accenture shall
create and maintain web-based placement of the requested contract information.
“Punchout” Alternative
The Contractor may offer, as an alternative to providing the information discussed above, an
online “punchout” solution, in which the Customer accesses the Contractor’s website directly
from the System, rather than the System maintaining the Contractor’s data. This solution must
allow the Customer to reach the Contractor’s site, browse for contracted items only, and return to
the System with a list of items ready to be inserted into a requisition. If Contractor selects this
alternative, it must meet the following requirements:



The solution must conform to cXML 1.0 or 1.1 standards.
The solution must conform to the technical specifications and implementation
requirements provided by Accenture, and the Contractor must work with Accenture to
ensure successful integration of the punchout solution into the System
The solution must have the capability to provide only those products awarded under the
contract, and block any non-contract item(s) from being added to the requisition.
Warranty
For the purposes of this section, the Contractor warrants and represents that it is authorized and
empowered to and hereby grants the Department and Accenture the right and license to use,
reproduce, transmit, distribute and publicly display within the System the information outlined
above. In addition, the Contractor warrants and represents that it is authorized and empowered to
and hereby grants the Department and Accenture the right and license to reproduce and display
within the System the Contractor’s trademarks, system marks, logos, trade dress or other
branding designation that identifies the products made available by the Contractor under the
Contract.
If the Contractor is not the manufacturer, it shall be the Contractor’s responsibility to obtain
authorization from the manufacturer to comply with the provisions of this section, including
securing any intellectual property rights of the manufacturer. If the Contractor is the
manufacturer, it shall only authorize dealers, outlets, distributors, value-added resellers, etc.
within their network that can comply with the provisions of the Contract.
5. Additional Modifications. The Department reserves the right to further revise the
collection and reporting requirements in conjunction with alterations to the System.
6. Conflict. In the event any of the terms herein conflict with the terms of the Contract,
the terms of this Amendment shall control. All other terms of the Contract remain in full force
and effect. Contractor waives and releases any and all claims for additional compensation arising
out of or relating to this Amendment.
7. Warranty of Authority. Each person signing this Amendment warrants that he or
she is duly authorized to do so and to bind the respective party.
SO AGREED:
CONTRACTOR
Contractor Name
Address
By:
Its:
Date
STATE OF FLORIDA,
DEPARTMENT OF MANAGEMENT SERVICES
By:
Date
Approved as to form and legality by the Department General Counsel’s Office:
Date
Suite 315
September 27, 2002
MEMORANDUM NO.:
FLORIDA
DEPARTMENT
OF
MANAGEMENT
SERVICES
JEB BUSH
Governor
TO:
User Agency
FROM:
Director, State Purchasing
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
The following changes have been made to the subject contract:

CYNTHIA A. HENDERSON
Secretary
(252-006-99-1)-12

Pricing pages have been replaced with a URL to Network Associates’
website.
The Ordering Instruction pages have been updated.
Any questions or problems in delivery or service that may arise regarding
this contract should be directed to Steve Poole at (850) 488-4945, Suncom
278-4945, pooles@dms.state.fl.us
DSP/sp/meb
State Purchasing
4050 Esplanade Way
Suite 350
Tallahassee, Florida
32399-0950
Telephone:
850-488-8440
Fax:
850-488-5498
Internet:
www.MyFlorida.com
Suite 315
July 1, 2001
MEMORANDUM NO.:
FLORIDA
DEPARTMENT
OF
MANAGEMENT
SERVICES
JEB BUSH
Governor
(252-006-99-1)-11
TO:
Department Addressed
FROM:
Matthew R. Jeppson
Director, State Purchasing
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
The following changes have been made to the subject contract. The Ordering
Instructions, Authorized Resellers, have been amended to name a new
contact person, Michael Bench, for Software House International. Said
change is reflected on the ordering instruction page 37 of the contract.
CYNTHIA A. HENDERSON
Secretary
State Purchasing
4050 Esplanade Way
Suite 350
Tallahassee, Florida
32399-0950
Telephone:
850-488-8440
Fax:
850-414-6122
Internet:
www.MyFlorida.com
Any questions or problems in delivery or service that may arise regarding
this contract should be directed to Vonnie Allen at (850) 487-2304 or (850)
488-8131, Suncom 278-8131, allenv@dms.state.fl.us
Suite 315
April 6, 2001
FLORIDA
DEPARTMENT
OF
MANAGEMENT
SERVICES
JEB BUSH
Governor
MEMORANDUM NO.:
(252-006-99-1) - 10
TO:
Department Addressed
FROM:
Matthew R. Jeppson
Director, State Purchasing
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
Please make the following changes in the subject contract:
CYNTHIA A. HENDERSON
Secretary
Delete:
Pages 16 - 34
Add:
Pages *16 - *37
*(Rev. 06 April 01)
Revised to update pricing and product list.
Any questions or problems in delivery or service that may arise regarding
this contract should be directed to Vonnie Allen at (850) 487-2304, Suncom
277-2304, allenv@dms.state.fl.us
MRJ/va/kep
State Purchasing
4050 Esplanade Way
Suite 350
Tallahassee, Florida
32399-0950
Telephone:
850-488-8440
Fax:
850-414-6122
Internet:
www.MyFlorida.com
Suite 315
March 5, 2001
FLORIDA
DEPARTMENT
OF
MANAGEMENT
SERVICES
JEB BUSH
Governor
MEMORANDUM NO.:
(252-006-99-1) - 9
TO:
Department Addressed
FROM:
Matthew R. Jeppson
Director, State Purchasing
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
Please make the following changes in the subject contract:
CYNTHIA A. HENDERSON
Secretary
Delete:
None
Add:
Page *35
*(Rev. 5 March 01)
Revised to add a reseller.
Any questions or problems in delivery or service that may arise regarding
this contract should be directed to Vonnie Allen at (850) 487-2304, Suncom
277-2304, e-mail to allenv@dms.state.fl.us
MRJ/va/kep
State Purchasing
4050 Esplanade Way
Suite 350
Tallahassee, Florida
32399-0950
Telephone:
850-488-8440
Fax:
850-414-6122
Internet:
www.MyFlorida.com
Suite 315
November 27, 2000
FLORIDA
DEPARTMENT
OF
MANAGEMENT
SERVICES
JEB BUSH
Governor
MEMORANDUM NO.:
(252-006-99-1)-8
TO:
Department Addressed
FROM:
Cynthia A. Henderson
Secretary
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
Please make the following changes in the subject contract:
CYNTHIA A. HENDERSON
Secretary
Delete:
Page 31
Add:
*Page 31 *(Rev 27 Nov 00)
Revised to update reseller information
Any questions or problems in delivery or service that may arise regarding
this contract should be directed to Vonnie Allen at (850) 487-2304, Suncom
277-2304, allenv@dms.state.fl.us
CAH/va/lmb
State Purchasing
4050 Esplanade Way
Suite 350
Tallahassee, Florida
32399-0950
Telephone:
850-488-8440
Fax:
850-414-6122
Internet:
www.MyFlorida.com/dms
www.MyFlorida.com
Suite 315
July 28, 2000
MEMORANDUM NO.:
(252-006-99-1)-7
TO:
Department Addressed
FROM:
Paul A. Rowell
Deputy Secretary
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
Please make the following changes in the subject contract:
Delete:
Pages 16-31
Add:
*Pages 16-34 *(Rev 28 Jul 00)
Revised to update software pricing & add a reseller.
Any questions or problems in delivery or service that may arise regarding this contract should be directed to
Vonnie Allen at 850-487-2304, Suncom 277-2304, allenv@dms.state.fl.us
PAR/va/lmb
Suite 315
June 5, 2000
MEMORANDUM NO.:
(252-006-99-1)-6
TO:
Department Addressed
FROM:
Paul A. Rowell
Deputy Secretary
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
Please make the following changes in the subject contract:
Delete:
Pages 32, 33
Add:
*Pages 32-34 *(Rev 5 Jun 00)
Revised to correct reseller information and delete resellers.
Any questions or problems in delivery or service that may arise regarding this contract should be directed to
Vonnie Allen at 850-487-2304, Suncom 277-2304, allenv@dms.state.fl.us
PAR/va/lmb
Suite 315
May 15, 2000
MEMORANDUM NO.:
(252-006-99-1)-5
TO:
Department Addressed
FROM:
Paul A. Rowell
Deputy Secretary
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
Please make the following changes in the subject contract:
Delete:
Page 32
Add:
*Pages 32-35 *(Rev 15 May 00)
Revised to add 2 resellers.
Any questions or problems in delivery or service that may arise regarding this contract should be directed to
Vonnie Allen at 850-487-2304, Suncom 277-2304, allenv@dms.state.fl.us
PAR/va/lmb
Suite 315
March 20, 2000
MEMORANDUM NO.:
(252-006-99-1)-4
TO:
Department Addressed
FROM:
H.P. Barker, Jr.
Chief, Bureau of Procurement and Contracts Management
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
Please make the following changes in the subject contract:
Delete:
Pages 28-33
Add:
*Pages 28-34 *(Rev 20 Mar 00)
Revised to update ordering instructions.
Any questions or problems in delivery or service that may arise regarding this contract should be directed to
Vonnie Allen at 850-487-2304, Suncom 277-2304, allen@dms.state.fl.us
HPB/va/lmb
Suite 315
October 29, 1999
MEMORANDUM NO.:
(252-006-99-1)-3
TO:
Department Addressed
FROM:
H.P. Barker, Jr.
Chief, Bureau of Procurement and Contracts Management
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
Please make the following changes in the subject contract:
Delete:
Pages 28-33
Add:
Pages: 28-33
*(Rev 29 Oct 99)
Revised to correct ordering instructions and add reseller.
Any questions or problems in delivery or service that may arise regarding this contract should be directed to
Vonnie Allen at 487-2304, Suncom 277-2304, allenv@dms.state.fl.us
HPB/va/kla
Suite 315
October 6, 1999
MEMORANDUM NO.:
(252-006-99-1)-2
TO:
Department Addressed
FROM:
H.P. Barker, Jr.
Chief, Bureau of Procurement and Contracts Management
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
Please make the following changes in the subject contract:
Delete:
Pages: 28, 29, 30
Add:
Pages: *28, *29, *30
*(Rev 6 Oct 99)
Revised to correct ordering instructions.
Any questions or problems in delivery or service that may arise regarding this contract should be directed to
Vonnie Allen at (850) 487-2304, Suncom 277-2304, e-mail: allenv@dms.state.fl.us
HPBva/meb
Suite 315
June 10, 1999
MEMORANDUM NO.:
(252-006-99-1)-1
TO:
Department Addressed
FROM:
H.P. Barker Jr., CPPO
Acting Director, State Purchasing
SUBJECT:
Contract No. 252-006-99-1
Title: Computer Software: Network Associates
Please make the following changes in the subject contract:
Delete:
Certification and Pages 16-23
Add:
Certification and Pages 16-32*
*(Rev 15 June 99)
This revision is necessary to update pricing and add the following authorized resellers to the contract:
Dunn Computer Corporation
Nexus Consortium, Inc.
Sceptre ABS
Softmart
Stratasys
Any questions or problems in delivery or service that may arise regarding this contract should be directed to
Karen Esser at (850) 488-7804, Suncom 278-7804, E-Mail: esserk@dms.state.fl.us
HPB/ke/sec
DEPARTMENT OF MANAGEMENT
The Administrative and Operations Arm
of Florida’s Government
SERVICES
JEB BUSH, GOVERNOR
WILLIAM S. SIMON, SECRETARY
Suite 315
CERTIFICATION OF CONTRACT
TITLE: Computer Software: Network Associates
CONTRACT NO.: 252-006-99-1
BID NO.: Negotiation
EFFECTIVE: October 1, 1998 through September 30, 2003
1ST RENEWAL: October 1, 2003 through September 30, 2004
2ND RENEWAL: October 1, 2003 through June 30, 2005
3RD RENEWAL: July 1, 2005 through December 31, 2005
(Rev 30 June 05)
CONTRACTOR(S):
McAfee, Inc. (A)
(Rev 20 Sept 04)
SUPERSEDES: New
A.
AUTHORITY - Upon affirmative action taken by the State of Florida Department of
Management Services on September 30, 1998, a contract has been executed between the
State of Florida and the designated contractors.
B.
EFFECT - This contract was entered into to provide economies in the purchase of
Computer Software by all State of Florida agencies and institutions. Therefore, in
compliance with Section 287.042, Florida Statutes, all purchases of these commodities
shall be made under the terms, prices, and conditions of this contract and with the
suppliers specified.
C.
ORDERING INSTRUCTIONS - All purchase orders shall be issued in accordance with
the attached ordering instructions. Purchaser shall order at the prices indicated, exclusive
of all Federal, State and local taxes.
All contract purchase orders shall show the State Purchasing contract number, product
number, quantity, description of item, with unit prices extended and purchase order
totaled. (This requirement may be waived when purchase is made by a blanket purchase
order.)
State Purchasing ● 4050 Esplanade Way ● Tallahassee, Florida 32399-0950 ● Telephone: 850-488-8440 ● Fax: 850-414-6122
D.
CONTRACTOR PERFORMANCE - Agencies shall report any vendor failure to perform according to
the requirements of this contract on Complaint to Vendor, form PUR 7017. Should the vendor fail to
correct the problem within a prescribed period of time, then form PUR 7029, Request for Assistance, is
to be filed with this office.
E.
SPECIAL AND GENERAL CONDITIONS - Special and general conditions are enclosed for your
information. Any restrictions accepted from the supplier are noted on the ordering instructions.
F.
CONTRACT APPRAISAL FORM - State Contract Appraisal, form PUR 7073 should be used to
provide your input and recommendations for improvements in the contract to State Purchasing for
receipt no later than 90 days prior to the expiration date of this contract.
_____________________________
Authorized Signature
SP/meb
Attachments
CONTRACT ADMINISTRATOR
JON YEATON
PHONE: (850) 488-1086
SUNCOM 278-1086
E-MAIL: jon.yeaton@myflorida.com
SPECIAL CONDITIONS
PURPOSE
The purpose of this negotiation is to establish a 60 month contract for the purchase of McAfee, Inc. Products
by all State of Florida agencies and other eligible users in accordance with Eligible Users paragraph, General
Conditions. It is anticipated that the contract will be effective from October 1, 1998 through September 30,
1999.
ADDITIONAL ELIGIBLE USERS
In addition to "Eligible Users" paragraph, General Conditions, use of State contracts shall be available to Federal
agencies and private non-profit educational facilities as defined in Section 240.605, Florida Statutes, which may
desire to purchase under the terms and conditions of the contract.
OPTIONAL CONTRACT USAGE
In addition to the eligible users referenced above and with the consent of the successful bidder(s) purchases may
be made under the terms and conditions of this Invitation to Bid/Request for Proposal, by governmental entities
located outside the State of Florida. Appropriate governmental entities' purchasing laws, rules and regulations
shall apply to purchases made under this contract.
ESTIMATED QUANTITIES
It is anticipated that the State of Florida agencies, and other eligible users, will expend approximately
$1,000,000 annually under any contract resulting from this negotiation. These estimated figures are given only
as a guideline for preparing your bid and should not be construed as representing actual figures under the
contract.
This price is based on the State of Florida purchasing up to or in excess of 10,000 nodes from the Network
Associates Florida State contract. If the State of Florida does not purchase up to or in excess of 10,000 nodes
within a 12 month period, Network Associates reserves the right to make adjustments to the pricing for all future
purchases.
SPECIAL ACCOMMODATION
Any person requiring a special accommodation at State Purchasing because of a disability should call State
Purchasing at (850) 488-8440 at least five (5) workdays prior to the bid opening. If you are hearing or speech
impaired, please contact State Purchasing by using the Florida Relay Service which can be reached at 1 (800)
955-8771 (TDD).
SPECIAL SALES OFFERS
All purchases made from State contracts by State agencies, institutions and political subdivisions must be in
strict adherence to all terms, conditions and prices contained therein; therefore, all contract suppliers and their
representatives are required to present any "special" price proposals directly to State Purchasing.
3
SALES PROMOTIONS
It is understood that sales promotions may occur during the term of the contract that will lower the prices of some
products for the period of the sales promotion. Any such reduction shall appear on the using agency invoices.
Sale pricing shall be made available to all users of the contract, with the exception of sale pricing involving
education prices for microcomputers. Sales promotions shall be documented in writing by the contractor to State
Purchasing. Contractor shall specify start and ending dates of the sales promotion. State Purchasing will not
accept sales promotions specifying limited quantities or closeouts.
DELIVERY REQUIREMENTS
All prices bid shall include delivery to purchaser within 30 days.
NOTICE TO CONTRACTOR
The employment of unauthorized aliens by any contractor is considered a violation of section 247A(e) of the
Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, such violation
shall be cause for unilateral cancellation of the contract.
PUBLIC ENTITY CRIMES
A person or affiliate 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 a public entity, may not submit a bid
on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in f.s. 287.017 for CATEGORY TWO for a period
of 36 months from the date of being placed on the convicted vendor list.
SURCHARGE USER FEE AND SUMMARY OF TOTAL SALES
State Purchasing hereby imposes a surcharge user fee of 1/2% on contractors' sales under any contract
resulting from this bid. Use of this contract will be optional by State Agencies. If a State Agency elects to
purchase from a source other than the resulting State contract, such purchases shall be in accordance with
Chapter 287, F.S., and 60A Florida Administrative Code.
After receipt of payment from the contract purchases, all surcharge fees shall be payable to the State of Florida
no later than 15 days after the end of each quarter.
Vendor user fee should be noted on the check and remitted to:
State of Florida
Department of Management Services
P.O. Box 5438
Tallahassee, FL 32314-5438
4
Contract supplier shall furnish State Purchasing a detailed summary of sales at the end of each quarter. By
submission of these Sales Summary reports and corresponding surcharge deposits, the contractor(s) is
certifying their correctness. All such reports and fee deposits shall be subject to audit by the State of Florida.
Summary information shall be provided each quarter and shall include the following:
A.
State Contract Number
B.
Identity of purchaser
C.
Type of software sold
D.
Total sales of software/new license sales per quarter and year-to-date
E.
Total sales of upgrade advantage (maintenance)/interim releases and upgrades purchased per
quarter and year to date
F.
Total sales per quarter and year-to-date
Failure to comply with these requirements will result in the contract supplier being found in default, in which
case any and all reprocurement costs may be charged against the defaulting contractor and may result in
immediate, unilateral cancellation of your contract by State Purchasing.
PRICE LISTS
On any contract where pricing is based on a Manufacturer’s or Dealer’s published price list (net or
discounted), the price list must be provided by the Contractor's as part of the bid package in hard copy, and on
a 3.5 inch diskette as a Word For Windows file. Any subsequent revisions shall be submitted in the same
format to State Purchasing CONTRACT ADMINISTRATOR, for review and approval prior to
implementation.
Diskette must be formatted as:
 “Word for Windows”
 Font: Times New Roman 12
 Preset tabs only
 Margins: .5 Left and .5 Right, .5 Top and 1.0 Bottom
 Portrait only-no landscape
 No Tables
 No Headers or Footers
 No Excel Files
State Purchasing, at its discretion, may allow the CONTRACT HOLDER to configure its own PRICE LIST of
eligible offerings and to post the prices on the CONTRACT HOLDERS Internet Home Page. However, all
initial pricing and any subsequent price changes must be reviewed and approved by State Purchasing Contract
Administrator before they can be posted to the CONTRACT HOLDER Internet Home Page.
5
Failure to submit the information required in this section will be grounds for disqualification of your bid
and/or removal from any resulting contract.
INTERNET HOME PAGE
The Contract will become a public document. The State of Florida, State Purchasing is using the Florida
Communities Network (FCN) on the Internet World Wide Web (WWW) to distribute State Term Contracts
and product information to eligible users and other interested entities who may subscribe to this service and
pay the appropriate access fee.
While not required at this time, each CONTRACT VENDOR is encouraged to develop and maintain a HOME
PAGE on the Internet WWW. The Home Page must be compatible with the most recent version of browser
software being used by State Purchasing. As of the writing of this solicitation, Netscape Navigator 3.0 is the
State Purchasing browser standard. State Purchasing intends to upgrade to new browser versions as they
become available and fully tested, at its discretion.
The Universal Resource Locator (URL) for the INTERNET HOME PAGE must be listed in the space
provided on the Ordering Instructions page of the bid.
WARRANTY
Contractor shall warrant software, media, and documentation against defects in workmanship for one (1) year.
YEAR 2000 COMPLIANCE WARRANTY
The contractor warrants that each item of hardware, software, and/or firmware delivered, developed or
modified under this contract shall be able to accurately process date data (including, but not limited to,
calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries,
including leap year calculations, when used in accordance with the item documentation provided by the
contractor, provided that all items (e.g. hardware, software, firmware) used in combination with other
designated items properly exchange date data with it. The duration of this warranty and the remedies available
to the State for breach of this warranty shall be as defined in, and subject to, the terms and limitations of any
general warranty provisions of this contract, provided that notwithstanding any provision to the contrary in
such warranty provision(s), or in the absence of any such warranty provision(s), the remedies available to the
State under this warranty shall include repair or replacement of any item whose non-compliance is discovered
and made known to the contractor in writing within ninety (90) days after acceptance. Nothing in this
warranty shall be construed to limit nay rights or remedies the State may otherwise have under this contract
with respect to defects other than Year 2000 performance.
6
YEAR 2000 COMPLIANCE (SOFTWARE)
The licensor represents and warrants that the software, which is licensed to licensee hereunder, is designed to
be used prior to, during, and after the calendar year 2000 AD, and that the software will operate during each
such time period without error relating to date data, specifically including any error relating to, or the product
of, date data which represents or references different centuries or more than one century. Without limiting the
generality of the foregoing, Licensor further represents and warrants (1) that the software will not abnormally
end or provide invalid or incorrect results as a result of date data, specifically including date data which
represents of references different centuries or more than one century; (2) that the software has been designed to
ensure year 2000 compatibility, including, but not limited to, date data century recognition, calculations which
accommodate same century and multi-century formulas and date values, and date data interface values that
reflect the century; (3) that the software included “year 2000 capabilities”, which means the software (a) will
manage and manipulate data involving dates, including single century formulas and multi-century formulas,
and will not cause an abnormally ending scenario within the application or generate incorrect values or invalid
results involving such dates; and (b) provides that all date-related user interface functionalities and data fields
include the indication of century; and (c) provided that all date-related data interface functionalities include the
indication of century.
YEAR 2000 REMEDY CLAUSE
In the event of any decrease in hardware or software program functionality related to time and date related codes
and internal subroutines that impede the hardware or software programs from operating beyond the Millennium
Date Change, Licensors and Vendors of Licensors products, agree to immediately make required corrections to
restore hardware and software programs to the same level of functionality as warranted herein at no charge to the
licensee, and without interruption to the ongoing business of licensee, time being of the essence.
LATEST VERSION OF SOFTWARE PACKAGE
In accordance with the Special Condition "Addition /Deletion/ Change", contractors may replace software
packages with newer versions. In the event of price escalation by the manufacturer for newer versions of
software packages, the State may allow contract vendors to pass on only the amount of cost increase from
manufacturer to dealer. The amount of cost increase must be documented by a manufacturer's published price list
or product announcement from the contractor's source of supply.
7
LIMITATION OF REMEDIES
Contractor's entire liability and the State's exclusive remedy shall be as follows:
In all situations involving performance or non-performance of machines or programming (other than licensed
programs) furnished under this Agreement, the State's remedy is (a) the adjustment or repair of the machine or
replacement of its parts by Contractor, or at Contractor's option, replacement of the machine or correction of
programming errors, or (b) if, after repeated efforts, Contractor is unable to install the machine or a
replacement machine, model upgrade or feature in good working order, or to restore it to good working order,
or to make programming operate, all as warranted, the State shall be entitled to recover actual damages to the
limits set forth in this Special Condition. For any other claim concerning performance or non-performance by
Contractor pursuant to, or in any other way related to the subject matter of, this Agreement or any order under
this Agreement, the State shall be entitled to recover actual damages to the limits set forth in this Special
Condition.
If this contract is for purchase of machines, then the following shall apply. Contractor's entire liability for
damages to the State for any cause whatsoever, and regardless of form of action, whether in contract or in tort
including negligence, shall be limited to the greater of $100,000 or the appropriate price stated herein for the
specific machines that caused the damages or that are the subject matter of or are 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 the General Condition 14 entitled "Patents and Royalties", or to (b) claims for reprocurement
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 Contractor's negligence or
tortious conduct.
If this contract is for the purchase of hardware 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 machines 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
machines 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 General Condition 14 entitled "Patents and Royalties" or to
(b) claims for reprocurement costs or costs to 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 the Contractor's negligence or tortuous conduct.
8
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 General Condition 14 entitled "Patents and Royalties", or to (b)
claims for reprocurement 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 $100,00 or an amount equal to the charges invoiced for the services which
are the subject matter of, or are 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 reprocurement 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 licensed 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 licensed 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 General
Condition 14 entitled "Patents and Royalties" or to (b) claims for reprocurement 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.
9
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 General Condition entitled "Patents and Royalties", or for (d) any damages caused by
performance or non-performance of machines or programming located outside the United States or Puerto
Rico.
QUALITY ASSURANCE
The contractor, during the contract term, upon mutual agreement, will provide reasonable travel and lodging
accommodations for one (1) to three (3) government employees to perform an on site inspection of the
manufacturing process(es) and review of the manufacturer's product quality control(s) and total quality
management programs(s). The contractor will reimburse the State for actual transportation cost, per diem and
incidental expenses as provided in Section 112.061, Florida Statutes. It is the State's desire that the contractor
provide demonstration of quality control for improvement rather than post production detection.
SOFTWARE
All current and future Network Associates Software Licenses shall be offered under the agreement for the term
of the contract.
NO SUBSTITUTIONS
The types/versions of software specified in the Invitation to Bid are compatible with other systems/software
currently installed. Therefore, NO SUBSTITUTIONS ALLOWED. Compatibility with existing software
allows for warehousing of supplies as well as technical and upgrade advantage support peripheral software.
10
INSURANCE, WORKERS’ COMPENSATION
The contractor shall take out and maintain during the life of this agreement, Workers' Compensation Insurance
for all of his employees connected with the work of this project and, in case any work is sublet, the contractor
shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the contractor. Such insurance shall
comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous
work under this contract at the site of the project is not protected under the Workmen's Compensation statute, the
Contractor shall provide, and cause each sub-contractor to provide, adequate insurance, satisfactory to the
Purchaser, for the protection of his employees not otherwise protected.
VENDOR RESPONSE SYSTEM
To access an interactive Voice Response System for vendor payment inquiry, Vendors may call (850) 4137269 between 7 a.m. and 6 p.m. Monday thru Friday to check on the status of payments by State agencies.
The system can accommodate English and Spanish speaking callers.
ORDER OF PRECEDENCE
If there is a conflict between the Network Associates Agreement or its Amendment with the provisions of the
General and Special Conditions then the General and Special Conditions shall take precedence and govern.
11
NETWORK ASSOCIATES, INC.
U.S. SUBSCRIPTION SOFTWARE LICENSE AGREEMENT
1.
DEFINITIONS
A.
"Anniversary Date" means the annual recurrence of the Delivery Date of a Product.
B.
"Delivery Date" means the date a Product is shipped from NAI to Customer.
C.
"Maintenance" means the provision by NAI, in exchange for payment by Customer of any applicable
license or Maintenance fees, of (i) reasonable telephone support, (ii) any corrections, bug fixes and /or
modifications made to a licensed Product, and (iii) enhancements to the licensed Product(s) and online
documentation upgrades as well as new versions of the Product(s) that are made generally available to
NAI's customer base and which are not separately priced or marketed by NAI.
D.
"Orders" for Product licenses or SelfStart services shall be accomplished by State Purchase Orders.
(e.g., by activating or registering copies priced on a "pay-as-you-go" basis). Any Orders shall expressly
incorporate the terms and conditions of this Agreement, must be signed by Customer and are subject to
acceptance by NAI. Customer's initial order is attached hereto.
E.
"License" means a license which has a term commencing on the Delivery Date of a Product and
continuing for a period of time as indicated on you purchase orders, subject to the terms of this
Agreement.
F.
"Product" means a software program, software bundled with hardware, and other software products
marketed by NAI in machine readable form, unless otherwise specified, as well as any modifications,
enhancements, improvements and refinements not separately priced or marketed by NAI and any
related materials, including documentation that accompanies the Product licensed.
G.
"Renewal Date" is the anniversary of the date on which the license period commenced.
H.
"User License" means a license to use the Product on any Customer owned workstation in North
America for the number of users licensed. Each user must have its own license.
2.
GRANT
Upon issuance of an Order by Customer and acceptance of the Order by NAI, NAI grants to Customer,
and Customer accepts from NAI, a non-exclusive, non-assignable, Subscription License, to use solely
for Customer's own internal business purposes, each Product set forth on each Order, subject to the
terms of this Agreement. Customer's use of each Product shall be restricted to the number of Users
Licensed as set forth in the applicable Order and as set forth in this Section. Customer may reproduce,
at no additional charge, for disaster recovery purposes, a reasonable number of copies of the Product.
Customer will reproduce all confidentiality and proprietary notices on the Product and maintain an
accurate record of the location of each copy of the Product.
12
3.
MAINTENANCE / SERVICES
"CustomerCare" is NAI's introductory support program (telephone assistance) which is included at no
charge for the first ninety (90) days of software ownership and can be accessed by calling (972) 2786100. NAI will also provide Maintenance to Customer at no additional charge for the term of the
Subscription License. Maintenance is limited to versions of the licensed Product that are supported by
NAI and to problems that can be reproduced in the current version of the Product while running
unaltered on the designated hardware configuration. Corrections to some technical problems may only
be available through a future release of the Product or through a documentation update. Maintenance
services will not be provided if : (a) the licensed Product is not used in accordance with the Software
License Agreement, (b) the licensed Product has been altered or modified, or (c) modifications have
been made by Customer to their operating system or their environment is significantly different than it
was at the time the Product was licensed. SelfStart and other related NAI installation and configuration
services are available for an additional fee.
4.
LIABILITY / WARRANTY
A.
NAI warrants that it has the right to license any Product licensed hereunder. NAI also warrants that the
licensed Product does not infringe on any United States patent, trademark, or copyright of a third party
and NAI hereby agrees to indemnify, protect, defend, and hold Customer harmless from all claims,
suits, actions, losses, damages, judgments, costs and expenses which may be sustained by Customer for
an infringement of patent, trademark, trade secret, or copyright by NAI; provided that (i) Customer
gives prompt written notice of any suit to NAI, and (ii) NAI shall have sole control of the defense of
any action or claim and all negotiations for settlement or compromise thereof. Customer may elect to
participate in any such action with an attorney of its own choice and at its own expense. In the event
Customer is precluded by a court of competent jurisdiction from using a Product as a result of the
infringement by NAI of any patent, trademark, trade secret, or copyright of a third party, NAI may, in
its reasonable discretion, (i) obtain the right to use the Product for the Customer, or (ii) replace or
modify the Product so that it no longer infringes, or (iii) if neither (i) or (ii) above is commercially
feasible, in NAI's reasonable discretion, then NAI may terminate the License for the affected Product
and issue to Customer a refund of all License fees paid by Customer. If Customer does not notify NAI,
as required herein, Customer's rights under this Section shall terminate.
B.
Customer agrees that, except as provided in Paragraph A above, NAI's liability for direct damages, if
any, shall not exceed the initial License fees paid to NAI by Customer for use of the Product(s) under
this Agreement. In the event of a conflict between this limitation of liability provision and Florida law,
Florida law shall take precedence and govern.
C.
This agreement shall be governed by Florida law and any cause of action arising under this agreement
shall be brought in the proper State of Federal court, located in the state of Florida, nearest to the
Florida Department of Management Services. The time period for bringing a cause of action or
applicable Statute of Limitations, shall be governed by Florida Law.
13
D.
The foregoing conditions and warranties are in lieu of all other conditions, representations and
warranties, express or implied, statutory or otherwise, by NAI or any other party including but not
limited to, any implied warranty of merchantability, non-infringement or fitness for any particular
purpose with the exception of NAI's liability as set forth in section 5(A), NAI shall not be liable for any
loss or damage, including, without limiting the generality of the foregoing, any indirect, incidental,
special or consequential damages, in connection with or arising from the furnishing, performance, or
use of the product(s) or services provided herein, regardless of any law and/or regulation which state
otherwise.
5.
EXPORT LAW COMPLIANCE
Customer undertakes to obtain all licenses, permits or approval required by any government, and shall
comply with all applicable rules, policies and procedures thereof. Customer, shall not transmit, directly
or indirectly, the Products or any technical data (including processes and services) received from NAI,
nor the direct product thereof, outside of the country in which it is received without prior authorization,
if required. Customer acknowledges that some NAI Products contain encryption. Some countries have
restrictions on the use of encryption within their borders, or the import of encryption even if for only
temporary personal or business use. Customer acknowledges that the implementation and enforcement
of these laws is not always consistent as to specific countries. Although the following countries are not
an exhaustive there may exist restrictions on the exportation to, or importation of, encryption by:
Belgium, China (including Hong Kong), France, India, Indonesia, Israel, Russia, Saudi Arabia,
Singapore, South Korea, and the United States. Customer further acknowledges that for this reason,
the export or import of such items may subject the Customer or its executives to fines and/or other
severe penalties. Unless all required permits and/or approvals have been obtained, Customer shall not
export or import the restricted Products in relation to these countries, whether directly or indirectly, and
will not cause, approve or otherwise facilitate others such as agents, subsequent purchasers, licensees
or any other third parties in doing so. The parties agree to cooperate with each other respect to any
application for any required licenses and approvals, however, Customer acknowledges it is their
ultimate responsibility to comply with all any and all government export laws and that NAI has no
further responsibility after the initial sale to the Customer within the original country of sale.
6.
YEAR 2000 COMPLIANCE
Information regarding NAI products that are Year 2000 compliant as of the date of the signing of this
Agreement may be obtained from NAI's website. NAI has tested the Products there and has proven
those products to be completely year 2000 compliant if the Products are used in the manner intended
and used with standard operating hardware systems that are year 2000 compliant. NAI provides a
complete product by product explanation of its compliance and standard testing models on the NAI
website.
7.
NONDISCLOSURE
Disclosure of information will be governed by the provisions of Chapter 119, Florida Statutes.
14
8.
AUDIT
NAI reserves the right to periodically audit Customer to ensure that Customer is not using any Product
in violation of this Agreement or any Order. During Customer's standard business hours and upon
prior written notice, NAI may visit Customer and request that Customer make available any records
pertaining to the Product to NAI. The cost of any requested audit will be solely borne by NAI.
9.
GOVERNING LAW
This Agreement, including any Order, shall for all purposes be deemed subject to the laws of the State
of California, USA and prosecuted in the courts of Santa Clara County in Califonia.
10.
SEVERABILITY; WAIVER
In the event that any one or more of the provisions contained herein shall for any reason be held to be
unenforceable in any respect, such enforceability shall not affect any other provision of this Agreement,
and this Agreement shall then be construed as if such enforceable provision(s) has never been
contained herein. No term or provision hereof shall be deemed waived and no breach consented to
unless such waiver or consent shall be in writing and signed by both parties.
11.
NOTICE
Any notice or other communication required or permitted hereunder shall be given in writing to the
other party at such address as shall be given by either party to the other in writing. Such notice shall be
deemed to have been given when (i) delivered personally, (ii) sent via certified mail (return receipt
requested) (iii) sent via cable, telegram, telex, telecopier, fax (all with confirmation of receipt), or (iv)
by recognized air courier service.
12
TERMS AND TERMINATION
The terms of this Agreement shall commence on the date it is executed by NAI and shall continue in
effect until terminated as provided herein. Either party may terminate this Agreement by giving the
other party thirty (30) days advance written notice thereof, and in such event this Agreement shall
terminate fully except that it shall continue in full force and effect for any License then in effect. Any
License for a Product may be terminated by NAI in the event that Customer is in default under any
License hereunder. Upon termination of any License hereunder, Customer shall return the Product
(and any copes made pursuant to Section 2) and all related documentation to NAI. The provisions of
Sections 4. Terms of Payment, 5. Liability/Warranty, and 8. Nondisclosure, shall survive termination
of the Agreement or any individual License.
13.
ENTIRE AGREEMENT
The Agreement and the applicable Order(s) constitute the entire agreement between the parties for a
License to use a Product or receive SelfStart services, and will become binding upon NAI when signed
by an authorized representative of NAI. There are no understandings, agreements or representations
not specified herein or in any Order with respect to a License or a Product licensed or SelfStart services
rendered hereunder. This Agreement or any Order may not be modified, except by a written addendum
signed by duly authorized representatives of both parties.
15
COMMODITY NUMBERS
252-030-569
252-260-569
252-590-569
252-920-569
MCAFEE, INC. SOFTWARE APPLICATIONS
MCAFEE, INC. SOFTWARE DEVELOPMENT TOOLS
MCAFEE, INC. SOFTWARE OPERATING SYSTEMS
MCAFEE, INC. SOFTWARE UTILITIES
16
McAfee, Inc.
Click on the following link for Pricing information:
http://www.nai.com/other/government/
(Rev 27 Sept 02)
McAfee, Inc.
ORDERING INSTRUCTIONS
(Rev 20 Sept 04)
NOTE: ALL ORDERS SHOULD BE DIRECTED TO:
SPURS VENDOR NUMBER:
F770316593-026
(Rev 21 Feb 02)
VENDOR:
McAfee, Inc
STREET ADDRESS OR P.O. BOX:
3965 Freedom Circle
CITY, STATE, ZIP:
Santa Clara, CA 95054
TELEPHONE:
800-338-8754
ORDERING FAX NO.:
972-987-2555
REMIT ADDRESS:
3965 Freedom Circle
CITY, STATE, ZIP:
Santa Clara, CA 95054
WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD
PRODUCT INFORMATION: DIRECT INQUIRY TO:
NAME AND TITLE:
McAfee Anti Virus ( Primary ): James Glover – Account Manager
TELEPHONE:
972-963-7736
FAX:
972-987-2555
ADDRESS:
5000 Headquarters Drive
CITY, STATE, ZIP:
Plano, TX 77024
URL McAfee HOME PAGE ADDRESS: www.mcafee.com
ELECTRONIC MAIL ADDRESS: James_Glover@mcafee.com
McAfee Anti Virus ( Secondary ): Charlotte Graves – Field Account Manager
TELEPHONE:
703-885-4877
FAX:
703-885-4802
ADDRESS:
1145 Herndon Parkway Suite 500
CITY, STATE, ZIP:
Herndon, VA 20170
URL McAfee HOME PAGE ADDRESS: www.mcafee.com
ELECTRONIC MAIL ADDRESS: Charlotte_Graves@mcafee.com
McAfee Entercept / IntruShield : Kristina Wellman – Field Account Manager
TELEPHONE:
407-971-7799
17
FAX:
703-885-4802
ADDRESS:
1145 Herndon Parkway Suite 500
CITY, STATE, ZIP:
Herndon, VA 20170
URL McAfee HOME PAGE ADDRESS: www.mcafee.com
ELECTRONIC MAIL ADDRESS: Kristina_Wellman@mcafee.com
18
Sniffer:
Mike Barch – Regional Director
TELEPHONE:
770-623-6893
FAX:
ADDRESS:
2674 Thurleston Lane
CITY, STATE, ZIP:
Duluth, GA 30097
URL HOME PAGE ADDRESS: www.sniffer.com
ELECTRONIC MAIL ADDRESS: Mike.Barch@networkgeneral.com
(Rev 17 Aug 04)
ORDERING INFORMATION
McAfee, Inc. is very proud to offer our quality software products to all state/local government and education
facilities in the great state of Florida. Following you will find useful contacts and important information to
obtain more information regarding our products and how to place an order.
Please visit our award winning web site to review information regarding all McAfee products.
www.mcafee.com
Placing an Order:
To place an order of the products listed please contact either the above McAfee representatives or one of the
Value Added Resellers that McAfee has selected to partner with. Please select the vendor of choice to place
your order, obtain order status, confirm pricing or any other questions regarding your account.
McAfee, INC.
McAfee Anti Virus ( Primary ): James Glover – Account Manager
TELEPHONE: 972-963-7736
FAX: 972-987-2555
ADDRESS: 5000 Headquarters Drive
CITY, STATE, ZIP: Plano, TX 77024
URL McAfee HOME PAGE ADDRESS: www.mcafee.com
ELECTRONIC MAIL ADDRESS: James_Glover@mcafee.com
McAfee Anti Virus ( Secondary ): Charlotte Graves – Field Account Manager
TELEPHONE: 703-885-4877
FAX: 703-885-4802
ADDRESS: 1145 Herndon Parkway Suite 500
CITY, STATE, ZIP: Herndon, VA 20170
URL McAfee HOME PAGE ADDRESS: www.mcafee.com
ELECTRONIC MAIL ADDRESS: Charlotte_Graves@mcafee.com
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McAfee Entercept / IntruShield : Kristina Wellman – Field Account Manager
TELEPHONE: 407-971-7799
FAX: 703-885-4802
ADDRESS: 1145 Herndon Parkway Suite 500
CITY, STATE, ZIP: Herndon, VA 20170
URL McAfee HOME PAGE ADDRESS: www.mcafee.com
ELECTRONIC MAIL ADDRESS: Kristina_Wellman@mcafee.com
Sniffer: Mike Barch – Regional Director
TELEPHONE: 770-623-6893
FAX:
ADDRESS: 2674 Thurleston Lane
CITY, STATE, ZIP: Duluth, GA 30097
URL HOME PAGE ADDRESS: www.sniffer.com
ELECTRONIC MAIL ADDRESS: Mike.Barch@networkgeneral.com
VALUE ADDED RESELLERS
SBC Datacom Formerly Ameritech (A)
1835 Shackleford Ct., Ste. 200
Norcross, Ga. 30093
PHONE: 770-638-4254
TOLL FREE NO.: 800-588-2432
FAX NO.: 770-638-4499
CONTACT: Abby Barsh, Networking Sales
WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD
(Rev 27 Nov 00)
NEXUS CONSORTIUM, INC.: We're one of Network Associates, Inc.'s leading partner for government and
education markets. Our major focus is in server tools and servers with strengths including:
1. Help Desk suites, providing automated ticketing, web enabled, knowledge base, ready out of
the box, fully customizable, odbc solution for novell/nt
2. Network Management Suites for order management, asset inventory, change management,
remote control, software metering/upgrading;
3. Sniffer tools(NetGen), designed for both portable and segment lan/wan analysis with the
most sophisticated tools available.
4. Firewall management(Gauntlet), from install/inspect/verification services. We provide the
products as well as consulting/installation/training services.
Our firm has a major focus in the government/education market, holding
government contracts in Florida, NJ, NY, Pa, and Texas.
We're a member of the Network Associates, Inc. Total Solutions Partner program as well as a Certified
Compaq Education Partner.
20
F541756965-001
Nexus Consortium, Inc. (A)
1933 Highway 35, #356
Wall, NJ 07719
PHONE: 732-643-1700
TOLL FREE NO.: 877-226-3987
FAX NO.: 732-643-1422
CONTACT: George Riesco, Crystal Nelan
URL HOME PAGE ADDRESS: http://www.nexusnet.com/
ELECTRONIC MAIL ADDRESS: george@nexusnet.com
Sceptre ABS: Sceptre Advanced Business Solutions:
Sceptre's area of expertise centers around the Help Desk segment of the Information Technology industry,
including Integration, Consulting, Training and Optimization.
As a Network Associates Inc. (NAI) Platinum Partner, Sceptre has developed considerable expertise in relation
to NAI's market leading SupportMagic help desk and asset management solutions, with more than 600 Magic
integrations to date.
Since its incorporation in 1996, Sceptre has been an industry leader in
the implementation of state-of-the art
Help Desk and Call Center solutions to private and public sector clients around the world, with a client base
that includes a myriad of government and Health/Medical agencies, Higher Education institutions and the high
tech and financial sectors.
With a strong focus on Customer Service, Sceptre's success lies in it’s ability to analyze the client's unique
business requirements in order to provide a customized and scalable solution for their information
management needs. SceptreABS is also a certified reseller of NAI's market leading Anti-Virus, Firewall and
Sniffer software solutions. For additional information see the Services and Support sections of our Web page:
www.sceptreabs.com
F488867373-001
Sceptre ABS (A)
3001 N. Rocky Point Drive East
Suite 200
Tampa, Florida 33606
TOLL FREE NO.: 800-232-8457
FAX NO.: 613-741-3938
CONTACT: Martin Aube
URL HOME PAGE ADDRESS: http://www.Sceptreabs.com
ELECTRONIC MAIL ADDRESS: kturner@sceptreabs.com
WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD
(Rev 5 Jun 00)
F650581622-001
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Datacom Systems, Inc.
Datacom Systems, Inc. is a Platinum Solutions Partner with Network Associates. Our System Engineers are
certified to present and utilize the NAI products in our customer environments.
WHAT YOU CAN EXPECT
· Focus-ten years' experience in finding balanced solutions to network visibility challenges with the Sniffer
Technologies
· Network Associates CNX's (Certified Network Experts) on staff
· Highly responsive customer and technical service
· An innovative partnership with Network Associates' Total Network Visibility organization from the
beginning of your purchase cycle to technical and installation support
F36-3949000-004
Datacom Systems, Inc. (B)
9 Adler Drive
East Syracuse, New York 13057
PHONE: 315-463-9541
FAX NO.: 315-463-9557
CONTACT: Margaret Sinnott, Account Manager
URL HOME PAGE ADDRESS: http://www.datacomsystems.com
ELECTRONIC MAIL ADDRESS: msinnott@adelphia.net
(Rev 15 May 00)
Comark Government and Education Sales:
A vast inventory of quality products, competitive pricing and comprehensive services and support have made
Comark one of the nation's leading computer resellers and the trusted technology partner of many state and
local governments.
Network Associates
F36-3949000-004
Comark (C)
105 West 5th Avenue
Tallahassee, FL 32303
PHONE: 850-222-0555
TOLL FREE NO. 800-491-6822
FAX NO.: 850-222-5824
CONTACT: Lorne Shackelford, Regional Sales Manager
URL HOME PAGE ADDRESS: http://www.comark.com
ELECTRONIC MAIL ADDRESS: lshackelford@comark.com
WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD
22
Future Com Corp.
Future Com Corp. is a Platinum Solutions Partner with Network Associates. Our System Engineers are
certified to present and utilize the NAI products in our customer environments.
WHAT YOU CAN EXPECT
· Focus-ten years' experience in finding balanced solutions to network visibility challenges with the Sniffer
Technologies
· Network Associates CNX's (Certified Network Experts) on staff
· Highly responsive customer and technical service
· An innovative partnership with Network Associates' Total Network Visibility organization from the
beginning of your purchase cycle to technical and installation support
F752468824-001
Future Com Corp. (Z)
P.O. Box 1801
Husrt, TX, FL 76053
PHONE: 817-485-1170
TOLL FREE NO. 888-710-5250
FAX NO.: 850-222-5824
CONTACT: Sean Stenovitch, Sales Director
URL HOME PAGE ADDRESS: http://www.futurecomcorp.com
ELECTRONIC MAIL ADDRESS: wendy@futurecomcorp.com sean@futurecomcorp.com
WILL ACCEPT THE STATE OF FLORIDA PURCHASING CARD
(Rev 28 Jul 00)
F-223009648-001
Software House International (P)
2 River Drive
Somerset, NJ 08873
PHONE: 732-868-8766
TOLL FREE NO.: 800-543-0432
FAX NO.: 732-868-6055
CONTACT: Michael Bench, Account Executive
ELECTRONIC MAIL ADDRESS: michael_bench@shi.com
One-Net.org was founded to help innovative technology companies with effective partnering strategies.
Effective distribution of products and services should equate to increased market share and an improved
competitive position. The One-Net practice is focused on assisting companies in one of the following three
important areas:
1- Assist clients with Business Planning and Opportunity Analysis during periods of strategic decisionmaking.
2- Improve field sales performance by educating direct salespeople on how to work more effectively with
technology partners in key accounts.
3- Assist vendors in evaluating the effectiveness of current indirect sales programs
23
One Net, Inc. Senior Management has spent the past 20 years working closely with Public Sector accounts and
Schools District within the Southeast. In addition to working with NAI, One Net is also a Bay Network and
Cisco Systems certified partner.
One Net Inc.
1440 Coral Ridge Drive #206
Coral Springs, Fl. 33071
Local 954-753-2250
Fax 954-753-0647
Contact: Jack M. Torgow
email jtorgow@one-net.org
www.one-net.org
LURHQ Corporation
LURHQ Corporation is a Network Security Integrator that is committed to providing businesses with a variety
of security solution options and the means to choose, implement and manage the optimum solution through a
single source. We are Network Associate's only Platinum Solutions Partner focused on security risks and
solutions in the state of Florida. Our system engineers are NAI certified in all the security products.
F562015395-001
LURHQ Corporation (C)
P.O. Box 2861
Conway, SC 29526
PHONE: 813-238-6240
FAX NO.: 813-238-0701
CONTACT: W. Nole Mangine
URL HOME PAGE ADDRESS: http://www.lurhq.com
ELECTRONIC MAIL ADDRESS: nmangine@lurhq.com
SPURS - 134067484-001
DynTek Services, Inc.
2671 Executive Center Circle West, Suite 102
Tallahassee, FL 32301
www.dyntek.com
Phone: 850-671-3260
Fax: 850-671-3262
Sales Contact: Darlene Pricher 850-671-3260 x17
Email: Darlene.Pricher@dyntek.com
FEID# 13-4067484
Spurs # 752868593003
COMWARE
Contact: Tom Dowdy
3003 Carlisle St. Suite 200
Dallas, TX 75204
Toll Free...877-405-0832 x 234
Mobile.......817-455-2407
Fax............214-689-6892
tdowdy@comware.com
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