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G2010.0099 SJECCD IT Broker Integrator Infrastructure Services RFP Final 053014.Docx 1 - 29 SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT 4750 San Felipe Road, San Jose, CA 95135 RFP #G2010.0099 SJECCD IT Broker Integrator Infrastructure Services Partner Sealed Proposals Due: 3:00 pm on June 16, 2014 to: San Jose/Evergreen Community College District District Office – Purchasing Department, Building 7 4750 San Felipe Road, San Jose, CA 95135 Attention: Carlos Marques Bid packets may be downloaded from the San Jose/Evergreen Community College District website at: http://www.sjeccd.edu/district-services/fiscal-services/purchasing-bids CONTACTS: Carlos Marques Cindy Giesing Purchasing Agent Purchasing Agent Phone: (408) 270-6431 (408) 270-6487 Email: [email protected] [email protected] It is the policy of the San Jose/Evergreen Community College District that no person or vendor shall be excluded from participation in, denied the benefits of, or otherwise be discriminated against in the award and performance of any District contract on the grounds of ethnic group identification, race, color, language, accent, immigration status, ancestry, national origin, age, sex or gender, gender identity, religion, sexual orientation, marital status, medical condition, veteran status, physical or mental disability, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics; and that barriers to effective participation traditionally encountered by minorities and females be minimized.

Transcript of G2010.0099 SJECCD IT Broker Integrator Infrastructure ... · G2010.0099 SJECCD IT Broker Integrator...

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SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT

4750 San Felipe Road, San Jose, CA 95135

RFP #G2010.0099 SJECCD IT Broker Integrator Infrastructure Services Partner

Sealed Proposals Due: 3:00 pm on June 16, 2014 to:

San Jose/Evergreen Community College District

District Office – Purchasing Department, Building 7

4750 San Felipe Road, San Jose, CA 95135

Attention: Carlos Marques

Bid packets may be downloaded from the San Jose/Evergreen Community College District website at:

http://www.sjeccd.edu/district-services/fiscal-services/purchasing-bids

CONTACTS:

Carlos Marques Cindy Giesing

Purchasing Agent Purchasing Agent

Phone: (408) 270-6431 (408) 270-6487

Email: [email protected] [email protected]

It is the policy of the San Jose/Evergreen Community College District that no person or vendor shall be excluded from participation in, denied the benefits of, or otherwise be discriminated against in the award and performance of any District contract on the grounds of ethnic group identification, race, color, language, accent, immigration status, ancestry, national origin, age, sex or gender, gender identity, religion, sexual orientation, marital status, medical condition, veteran status, physical or mental disability, or on the basis of these perceived characteristics or based on association with a person or group with one or more of these actual or perceived characteristics; and that barriers to effective participation traditionally encountered by minorities and females be minimized.

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San Jose/Evergreen Community College District

TABLE OF CONTENTS

1. Notice To Bidders 2. Timeline 3. The District 4. Introduction 5. Scope of Services 6. Addendum 7. Questions 8. Statement Of Qualifications, Proposal and Pricing 9. Submission Content and Format 10. Evaluation and Selection Process 11. Award 12. Attachments

a. Description of Current Computing Environment for San Jose Evergreen Community College District (included)

b. Hardware List (separate) c. General Requirements (included) d. Sample Independent Contractor Agreement (separate) e. Outreach Plan (separate) f. Map of Evergreen Valley College & District Office (separate) g. Bid Conditions (included) h. Insurance & Indemnity Requirements (included) i. Bidder's References Form (included) j. Certification of Non Discrimination Form (included) k. Business Structure Form (included) l. Statement of Non Collusion Form (included) m. Drug Free Workplace Certification Form (included)

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SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT

NOTICE TO BIDDERS

The San Jose/Evergreen Community College District, 4750 San Felipe Road,

San Jose, CA 95135 hereby invites sealed proposals for the following:

RFP #G2010.0099 SJECCD IT Broker Integrator Infrastructure Services Partner

Bid packets must be obtained from District Purchasing. To obtain a bid package visit our website at:

http://www.sjeccd.edu/district-services/fiscal-services/purchasing-bids

Completed proposals shall be made on forms and be in accordance with bid conditions and specifications prepared by the District. The District will receive sealed proposals with the bid number and name referenced on the outside at the District Purchasing Office, Building 7, 4750 San Felipe Road, San Jose, CA 95135 until 3:00 p.m. on June 16, 2014.

Advertise: 05/30/14 & 06/06/14

Board of Trustees

San Jose/Evergreen Community College District

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2. TIMELINE

a) RFP advertised: May 30, 2014 and June 6, 2014 b) Questions due: June 10, 2014 by 5:00 pm c) RFP Response due: June 16, 2014 by 3:00 pm (Statement of Qualifications,

Proposal and Pricing) d) Tentative Shortlist Notification: June 20, 2014 e) Tentative Interviews: week of June 23, 2014 f) Board of Trustees Meeting: July 8, 2014 g) Notice to Proceed: mid-July 2014

3. THE DISTRICT

The San Jose/Evergreen Community College District provides a dynamic learning environment that fosters excellence, opportunity and innovation in meeting the educational needs of our diverse students and community. San Jose/Evergreen Community College is located in the Silicon Valley and serves the diverse populations of the City of San Jose and the City of Milpitas. The District operates two colleges: Evergreen Valley College established in 1975 and San Jose City College established in 1921. Please note that we are a union shop.

4. INTRODUCTION

The San Jose/Evergreen Community College District (District) is issuing this Request for Proposals (RFP) requesting Statements of Qualifications (SOQ’s), Proposals and Pricing from Information Technology and broker/integrator consultant firms qualified to provide the District with strong technical expertise, project management leadership, and broker/integrator skills to assist with our network infrastructure projects and to guide and coordinate complex projects through multiple years, combining the work of several consultants with the work of customer staff. We are seeking demonstrated expertise, preferably in higher education and community college implementations. This document describes the overall project, the scope of work included in this RFP, the selection process, and the minimum information that must be included in the SOQ’s, Proposals & Pricing.

San Jose/Evergreen Community College District expects that the firm selected through this RFP process will work cooperatively with District IT staff and with other consultants engaged to assist with elements of this project, and will work under the direction of District IT management. The approximate duration of this project is one year with two optional one year extensions.

The submittal process for consultants consists of two parts:

1. Request for Proposal (RFP): Consists of an open invitation to Firms to submit SOQs, Proposals and Pricing that propose their firm as best qualified to assist the District. Based upon responses to the RFP, the District will rank the firms and create a list of up to three (3) finalists. The proposals must include qualifications, proposed staffing, work plan, fee schedule and pricing.

2. Interviews: The District anticipates scheduling interviews with each of the top three RFP respondents, for the firms to present their firms and their proposals and answer questions from the Selection Committee.

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The District plans to enter into a Contract Agreement for Services with the selected firm. The contract will be awarded by the Board of Trustees. The District reserves the right to cancel or modify the RFP process at any time and to reject any or all responses to the RFP.

5. SCOPE OF SERVICES

The San Jose/Evergreen Community College District requests qualifications, proposals and pricing for services needed to support several large infrastructure projects. These projects include the data center relocation, College MDF relocation, fiber plant distribution design and layout for two Colleges, Green Field Network design for a high-rise office building, and configuration and deployment of networking and server technology. Work requires supply of network infrastructure electronics to include switches, routers, firewalls, servers, storage appliances, and wireless networking and access points.

The provider of these services must be an authorized value added reseller (VAR) for a myriad of different networking product manufacturers and vendors who can act as a true integrator and broker on behalf of the District. At a minimum, the integrator must have existing manufacturer partnerships and technical certifications from Cisco, HP, and Juniper. In addition, the Integrator must have existing relationships with multiple wireless vendor/manufacturers including, but not limited to, Aerohive; Aruba; Meraki; and Meru. The Integrator must also have sufficient subject matter expertise that can be leveraged to identify the strengths and weaknesses of different manufacturer offerings in the network, server and storage arena; and have the ability to supply each offering from various contracts available to the higher education community in the state of California, such as WSCA and CMAS and others. An approved California vendor for any of the manufacturer products on WSCA is a plus. Moreover, the entity should have significant integrator expertise such that they can lead and assist in the installation, configuration and deployment of any selected IT solutions.

The Integrator will need to supply, delivery, install/deploy, configure and test the equipment purchased. Additionally, the Integrator will assist with the inventory and asset tracking of the equipment.

The Integrator must have existing relationships with manufacturers with the following minimum reseller status:

Cisco Premier Certified Partner

Juniper – Elite Portfolio Partner

HP – Elite Partner/Platinum Converged Infrastructure Specialists

VMware - Premier Solution Provider Enterprise

The Integrator is required to have local expertise within a 50 mile radius from 40 South Market Street, San Jose, California 95113, with comprehensive knowledge of Network Design and Data Center Design (Electrical, HVAC, Cabling with both fiber and copper, wireless and WAN).

Staff Certifications and Qualifications must be available locally (50 miles) and include:

Cisco – CSE, PSDCUCAM, DCNSS, DCUFD, DCUCD, DCUCI, DCUCT, DCUFI, DCUFT

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Juniper – JNCIA-FWV, JNCIS-ENT, JNCIS-SA

HP – Business Critical Systems Product Authorization, Enterprise Storage Authorization, Enterprise Networking, HP Enterprise Security

VMware – Infrastructure Virtualization, Desktop Virtualization, Business Continuity

4th Generation Firewalls using Layer 7 technology

*Please list the number of local assigned staff with the qualifications listed above.

The district requires that at a minimum the Business Entity have two people hold the certifications from each of the manufacturers.

PLEASE NOTE: The District explicitly reserves the right to purchase as much or as little of the consultant resources as needed to successfully complete each portion of the projects. Additionally, the District explicitly reserves the right to adjust the project scope according to the best interests of the District at any time throughout the duration of the projects.

6. ADDENDA

If Addenda to this RFP are issued, Respondents must acknowledge receipt of Addenda in their RFP responses. Failure to acknowledge and respond to any Addenda issued by the District may cause the Respondent to be deemed non-responsive.

Note: It remains the proposer’s responsibility to check the website for Addenda. The final Addendum, if any, will be posted no later than 72 hours prior to the RFQ submission deadline.

7. QUESTIONS

Any questions or requests for clarifications to this RFP must be submitted in writing by email to Carlos Marques, District Purchasing Agent ([email protected]) with a copy to Cindy Giesing, District Purchasing Agent ([email protected]). Questions or requests for clarification that meet the deadline requirements noted below, will be answered or clarified via Addendum posted on the District’s website.

Questions must be submitted no later than June 10, 2014 by 5:00 pm. Questions received after this deadline may be answered at the discretion of the District.

8. STATEMENT OF QUALIFICATIONS, PROPOSALS AND PRICING

The RFP must be submitted no later than 3:00 pm on June 16, 2014 at:

San Jose/Evergreen Community College District

District Office, Purchasing Department, Building 7

4750 San Felipe Road, San Jose, CA 95135

Attention: Carlos Marques

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Respondents must include eight (8) bound copies plus an electronic version (CD/DVD or USB) of the completed RFP in a sealed envelope or box identified as: RFP #G2010.0099 SJECCD IT Broker Integrator Infrastructure Services Partner with the Respondent’s name and address clearly indicated. Submittals should be no longer than 35 pages (double sided) excluding any dividers or tabs.

Each respondent is solely responsible for the timely delivery of its package by the deadline prescribed. San Jose/Evergreen Community College District will not be responsible for delays regardless of the reason. Failure to meet the submission deadline may result in disqualification from consideration.

Do not email or fax the submittals. Emailed or faxed submittals will be rejected.

There will not be a public opening of the RFPs.

The District reserves the right to duplicate any provided materials for internal use. All materials submitted to the District will become the property of the District and will not be returned. All information submitted in response to the RFP will be considered official information acquired in confidence and the District will maintain its confidentiality to the extent permitted by law.

Any costs incurred by the Firm in preparing or submitting Proposals are the Firm’s sole responsibility. The District will not reimburse any Firm for any costs incurred.

The District reserves the right to request, receive, and evaluate supplemental information and clarifications during its evaluation of the proposals. The District will conduct this process in a fair and impartial manner.

The District reserves the right to waive non-material irregularities in any response.

The District reserves the right to cancel or amend this RFP and to extend the date responses are due.

Incomplete proposals or incorrect information may be cause for disqualification.

Issuance of this RFP does not commit the District to award a contract. The District reserves the right to reject any or all responses and to award or not award a contract at its sole discretion.

9. SUBMISSION CONTENT AND FORMAT

a. COVER LETTER (1-2 pages)

Provide a cover letter addressed to the Chief Information Services Officer, Mr. Mike Russell, with the name of the firm making the submission indicating your interest in working with the District. Include a brief description of why your firm is well suited for this project and can meet the District’s needs. The letter shall be signed by the individual authorized to bind the respondent to all statements and representations made therein and to represent the authenticity of the information presented.

b. BUSINESS INFORMATION (1 page)

Provide the following information:

• Company name

• Address

• Telephone

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• Fax

• Name and Email of main contact

• Federal Tax I.D. Number

• Business License or Registration Number

• Business Structure (Corporation, Partnership, etc)

• A brief description and history of the firm.

• Number of employees (licensed professionals, technical support.)

• Number of current projects and present workload and where possible, projected workload for the period in question.

• Location of office where the bulk of services solicited will be performed.

• Any State of California certification for your firm of Small Business or Disabled Veteran Business Enterprise status.

c. PARTNERING FIRMS (2 pages each firm)

If you propose to partner with another firm or firms to provide the services requested for the scope of this project, please:

• Provide Business Information (see above) for each firm involved

• Identify each firm’s proposed contributions to this project

• A Memorandum of Understanding from each partnering firm

d. PROJECT EXPERIENCE (10 pages)

Provide information about prior projects successfully completed by your firm, including projects in higher education or school district environments. Include at least 5 and no more than 7 project references. At least 3 of the projects referenced must have been completed in the past 3 to 5 years.

Allow 1 page per project. For each project, include the following information:

• Client Name and Address

• Contact Person, Title, Phone Number, and Email Address

• Name and Scope of Work of the overall project

• Beginning date and date of substantial completion for the overall project

• Project budget

• Scope of work completed by your firm

• Beginning date and date of substantial completion for your scope

• Dollar value of your initial contract, and total dollars your firm invoiced for your work on the project

• Personnel from your firm who worked on this project, and their role

• Description of relevance to this RFP

• Hardware and software acquired

• Basis of pricing for hardware and software

• Basis of pricing for brokering/integrating/consulting work

IN ADDITION, provide a written summary, not to exceed 3 pages, describing how the submitted projects collectively demonstrate evidence of:

• Experience with Higher Education systems and campuses

• Guiding and coordinating complex projects

• MDF and Data Center relocation

• Large infrastructure projects

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• Fiber plant distribution design and layout

• Supply, delivery, installation, configuration and deployment of IT solutions

• Inventory and asset tracking of the equipment

• Technical expertise, project management and broker/integrator skills

e. STAFFING AND TEAM ORGANIZATION (8 pages)

• Provide a description of the proposed project staffing and how the team is organized to meet the needs of the District. The District’s Selection Committee will consider the strength of the entire team.

• Provide information about key staff members for this project. Include 3 to 6 resumes. Each resume should be limited to one page and should highlight technical and professional qualifications and achievements as well as project-relevant information.

f. COLLABORATIVE PROJECT METHODOLOGY (2 pages)

Briefly describe the Firm’s basic approach and methods for managing, scheduling, and carrying out the Project. The District values collaboration and team building. Describe how your firm approaches a collaborative project such as this one. How do you plan and allocate resources? How do you keep the project on schedule and within budget? What are the keys to a successful implementation?

g. PROJECT PLAN AND ROLES AND RESPONSIBILITIES (3 pages)

Provide a draft Project Plan for this project. Identify tasks, durations, and milestones. In narrative form, describe your approach to developing and maintaining a project plan for this type of project.

On Site or Off Site Work For each task in the Project Plan, indicate what % of each task will be performed on site and what percentage you propose will be performed off site. Provide justification for work to be completed off site.

Identify Roles and Responsibilities and discuss how the various personnel (District, your Consulting Firm, other Consulting Team Members, and other Contracted Services) will coordinate on this project.

h. CHALLENGES (1 page)

What major roadblocks or challenges do you foresee for this project? How will you mitigate them?

i. DISTINCTIVE SERVICES (1 page)

Provide a detailed summary of the services which you can provide to the District for this project, with emphasis on those services or skills which offer greater value to the District or which differentiate your services from those of other consulting firms.

j. PRICE PROPOSAL (1+ page)

Provide pricing for the personnel resources you will provide for this project. Attach your current rate sheet, including information about travel expenses and other reimbursable expenses. Because the District may award without conducting negotiations, the proposal submitted shall contain the proposer's most favorable terms and conditions. Include:

• Basis of pricing for hardware and software and contract used

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• Basis of pricing for brokering/integrating/consulting work (fixed fee, percentage of purchases, etc)

10. EVALUATION AND SELECTION PROCESS

Step 1 – Proposal Responses

• Based on the requirements of the RFP and review of District-provided documents, Firms will submit their Statements of Qualifications (SOQ’s) and Proposal and pricing to provide the District with services described in this RFP.

• The District’s Selection Committee will evaluate, score, and rank the proposals.

• Based on its evaluation of the responses, the District will invite up to three (3) Firms to participate in interviews.

Step 2 – Interviews

• Interviews will be held with each selected Firm to discuss their approach and methods for carrying out the Project, how the Firms’ team brings value to the Project, and other subjects chosen by the Selection Committee. All interviewees will be asked the same initial set of questions.

• It is expected that specific topics will be addressed by the Firm’s team member(s) who would lead the corresponding activities during the project process.

• An interview agenda and list of topics will be distributed prior to the interview to the list of selected Firms.

• Each interviewing firm should provide eight (8) copies of a packet that includes the Firm’s interview presentation and any additional relevant information you may wish to provide to the District’s Selection Committee.

• At a minimum, the following personnel should be present at the interview:

� Project Manager � Technical Project Leader

The Consulting Firm may bring additional personnel if they so choose.

• The District’s Selection Committee will evaluate, score, and rank the interviews.

• The evaluations and scoring from Statements of Qualification, Proposals, and Interviews will be combined by the District Selection Committee in accordance with a pre-determined weighted scoring formula to rank the Firms.

• The District will select the Firm which, in the District’s judgment, is the most responsive and responsible and whose proposal offers the best overall value and meets the needs of the District for this project.

• The District will negotiate a contract with the selected Firm regarding provisions of the Contract Agreement for Services. If a satisfactory contract cannot be negotiated, then the District may, in its sole discretion, begin contract negotiations with another Firm and terminate negotiations with the originally selected Firm.

Written notification will be made to unsuccessful Firms.

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11. AWARD OF CONTRACT

• The District will recommend to the Board of Trustees that they approve the award of a contract to the selected Firm.

• The contract will be presented for approval at the next regularly scheduled Board of Trustees meeting.

END OF DOCUMENT

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Description of Current Computing Environment for San Jose Evergreen

Community College District

SJECCD runs the Ellucian Colleague ERP Software from Ellucian, Inc. The software solution is the primary application for the district and is comprised of Student (Student Records, Admissions, Registration, Financial Aid, Billing and Receivables), Finance and Budget (Financial Accounting, Accounts Payable, Budget), and Human Resources (Personnel, Payroll, Position Control, Web Time Entry). A complete listing of software modules is included below.

ITSS at SJECCD also supports third party applications and interfaces. These are listed under separate heading. The vast majority of support for these applications is technical troubleshooting and analysis. In several cases IT support is limited to the interface between the Colleague ERP system and any given third party application.

Current Colleague Environment:

Hardware Configurations:

Moe - rp8420;16-1ghz cpus; 32Gb memory

Curly - rp8420; 12-1ghz cpus; 24Gb memory

Bud - rp5450;4-550mhz cpus; 16Gb memory

Lou - rp5450;4-550mhz cpus; 16Gb memory

Groucho - rp3410;1-800mhz; 4Gb memory

Harpo - rp3410;1-800mhz; 4Gb memory

Larry - a500;2-360mhz cpus; 4Gb memory

Stan - rp4440; 8-1ghz cpus; 16Gb memory

Ollie - rp7400; 8-550mhz cpus; 16Gb memory

Shemp - rp5450; 2-550mhz cpus; 8Gb memory

Shemp - rp5450; Upgraded to above specs

WebAdv - rp4440; 2-1ghz cpus; 8Gb memory

MSL6030 2 Ult 960 Dr FC Tape Library

HP Storage Works Edge Switch

CX-400 Unix Server SAN - original purchase

CX-500 UNIX Server SAN (upgraded CX-400)

CX-500 DR SAN storage

CX3-40 SAN

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Production OS:

HP-UX 11.23 (Applications Server)

HP-UX 11.23 (Database Server)

HP-UX 11.23 (Web Advisor Server)

Windows Server 2008 R2 x 64

Windows Server 2003 R2 Standard SP2

Windows Server 2012

Test Environment OS:

HP-UX 11.11 (Application Server)

HP-UX 11.23 (Database Server)

HP-UX 11.11 (Web Advisor Server)

Development:

HP-UX 11.23 (Application Server)

HP-UX 11.23 (Database Server)

Current Network Environment:

Cisco Equipment:

• Core Switches

• Edge Switches

• Firewalls

Wireless:

• Meru Controllers

• Meru APs

Cable Plant:

• Multimode Fiber

• Singlemode Fiber

• Cat 5 and Cat 5e

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General Requirements

During the course of the installation, any errors or problems encountered will be the full responsibility of the installation team. This includes any routing, connectivity or performance issues that may occur on the installed site network as a result of the new equipment installations.

Warranty:

The bidder shall be an authorized dealer of all equipment offered in his proposal. The bidder shall include with its bid full warranty information on all components of the product(s) and services included in his bid. All workmanship by the Vendor shall be fully guaranteed for no less than twelve (12) months from the date the District accepts the project as complete. Warranty period begins after acceptance of installation.

Code Compliance:

All equipment, materials and installations shall comply with the latest rules, codes and regulations, including but not limited to:

a. Occupational Safety and Health Act Standards (OSHA)

b. NFPA #70: National Electric Code (NEC)

c. NFPA #101: Life Safety Code.

d. All other applicable Federal, State and Local laws and regulations.

Code compliance is mandatory. The specifications do not permit acceptance of the product unless it conforms to these codes. Where the product specification is shown to exceed minimum code requirements, comply with the specifications.

Catalogs, Literature and Price Lists:

Along with their bid proposal, bidders are required to submit to the District the current manufacturer’s price list for each product line bid and the discount percentage.

Equipment Maintenance and Support Requirements:

In addition to the hardware and software provided by the bidder, the equipment must be bundled with a complimentary 5 year support contract per manufacturer.

Hardware Support

Core Switches 24X7X365 4 hour response with onsite Technician

Edge Switches 8-5 M-F 4 hour response or provide spare strategy with next business day replacement

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Software Support

Firmware/software upgrades Unlimited for all equipment supplied

Urgent Telephone configuration support Unlimited 24X7 access for all equipment supplied

General configuration/informational questions Unlimited for all equipment supplied

*Note these are minimum requirements

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SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT

BID CONDITIONS

BID MATERIALS AND INFORMATION: This bid and all subsequent documents may only be obtained from and questions directed to:

District Purchasing Department San Jose/Evergreen Community College District 4750 San Felipe Road San Jose, CA 95135 (408) 270-6431 (408) 239-8807 FAX

All questions must be e-mailed to Carlos Marques at [email protected] by 5:00 pm on June 10, 2014. Answers will be researched and then e-mailed to all bidders and posted to our website. San Jose/Evergreen Community College District also referred to as SJ/ECCD. EXAMINATION OF BID DOCUMENTS AND ACTUAL CONDITIONS: Before submitting a bid, the bidder shall thoroughly familiarize himself with all bid documents referred to in the bid proposal, and any addenda issued before the bid opening. Such addenda shall form part of the bid response. It shall be the bidder's responsibility to ascertain that his bid includes all addenda issued prior to the bid opening. The bidder must satisfy himself by personal examination and by such other means as the bidder may prefer as to the actual conditions and requirements under which the bid shall be made. Such examination must be upon the notification and approval of the District Purchasing Department. If, after inspection and examination by the bidder, there are any existing conditions or requirements of the bid which are not completely understood by the bidder, he shall contact the District Purchasing Department for further information as may be available. BID FORM: In order to preserve uniformity and to facilitate the award of Purchase Orders, no bids will be considered unless made upon forms furnished by the SJ/ECCD. No telegraphic or telephonic proposal or modifications will be considered. Bid Proposal must include this Bid packet filled out in its entirety, with any addendums attached to the front of this Bid Proposal and any additional documents attached to the back of this Bid Proposal. All items on the form should be filled out. Numbers should be stated in figures and signatures of all individuals must be in long hand. The bidder must bid separately on each item listed, unless otherwise requested herein. All prices and notations must be typed or written in ink. Bids must not be written in pencil. Mistakes may be crossed out and correction inserted in adjacent, but the correction must be initialed in ink by the person signing the proposal. No corrections can be made after the time for opening bids.

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Whenever the amount resulting from the multiplication of the unit price bid by the bidder on any item by the total number of units called for in the item does not equal the total price bid, then the unit price shall govern for all purposes. Statements or communications which serve to qualify the bid may void such bid as to the items qualified. Each major item that is listed may be shown with attachments and accessories as required. The bid figure for that item as specified should be a total figure including all those attachments or accessories that are shown in the specification. If there are individual costs for attachments or accessories, all costs must be identified in the figures quoted. ADDENDUMS: Any addendums issued during the time of bidding shall form a part of the bid document issued to bidders for the preparation of their proposals and shall constitute a part of the contract documents. BID SUBMISSION: Whether bids are sent by mail or delivered in person, the bidder shall be responsible for the delivery of the bid to the District Purchasing Department, San Jose/Evergreen Community College District, 4750 San Felipe Road, San Jose, CA 95135 on or before the advertised date and hour for the opening of the bid. If the mail or personal delivery is delayed beyond the date and hour set for the bid opening, such delayed bids shall not be considered and shall be returned unopened. Bid must reference the Bid Proposal number and name on the outside of the sealed bid package. No late bids will be accepted. Attach the Email Request before the Bid Proposal. Attach any Addendums after the Email Request but before the Bid Proposal. Bidders must submit eight (8) original (hard copy) plus an electronic version (CD/DVD or USB) of their respective response to this RFP. Include the complete Bid Proposal packet with all forms signed and dated and in the order that it is given to you. Indicate your company name on the pages of the Bid Form Spreadsheet that you submit. Attach the Bid Form Spreadsheet with pricing after the Bid Specifications in the Bid Proposal packet. Attach any Vendor Quotes after the Bid Form Spreadsheet. Attach any Substitution Specification sheets and Catalogs after the Vendor Quotes. In the event that a bidder requires more time to submit the bid, then the bidder must submit in writing (email) a request for an extension and stating the reason or reasons for such request. The request must be submitted no less than forty-eight (48) hours prior to the bid opening date. TAXES: In completing the bid form, exclude sales tax from both unit and extended prices. DISCOUNTS: Where additional discounts apply against bid figures, identify exact figures and/or percentage (%) of discount.

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Cash discounts for payment of invoices must allow no less than ten (10) days for payment after receipt and acceptance of materials, after compliance by the Contractor with all of the terms of the contract/order and a correct invoice, whichever is later. TRANSPORTATION CHARGES: Prices quoted are to include all transportation charges to points within SJ/ECCD as identified in this bid proposal. Therefore, all transportation charges from bidder and/or manufacturer's site to SJ/ECCD shall be paid by the bidder (F.O.B. destination, freight prepaid and allowed). CONTAINER COSTS: All costs for containers shall be borne by the bidder. All products shall conform to the provisions set forth in the federal, county, state and city laws for their production, handling, processing and labeling. Packages shall be so constructed to insure safe transportation to point of delivery. ACCEPTANCE, CHANGES, REJECTION OR WITHDRAWAL OF BIDS: The Bid Proposal submitted by the Bidder shall remain open and valid and shall be subject to acceptance by SJ/ECCD for ninety (90) days after the bid opening date. Changes to a bid shall not be allowed after bid opening! The San Jose/Evergreen Community College District reserves the right to reject any and all bids, to waive any informality and/or irregularity in any bid received, and to be the sole judge of the acceptability of a quoted product. The bidder may withdraw their bid at any time before the bid opening. In no case may a bid be withdrawn after the bid opening date without express approval from the Governing Board of the San Jose/Evergreen Community College District. Request for withdrawal of a bid must be submitted in writing by the bidder to SJ/ECCD. BASIS OF AWARD: Award of the bid shall be made to the lowest responsive bidder[s] offering material meeting all specifications, terms and conditions specified herein as determined by the San Jose/Evergreen Community College District. This bid will be awarded in the best interest of the district. The district may chose to award all or part of this RFQ to one or more of the suppliers quoted. EVIDENCE OF RESPONSIBILITY: Upon the request of SJ/ECCD, a bidder shall submit to SJ/ECCD within five (5) days after request satisfactory evidence showing the bidder's financial resources, the bidder's experience in the type of work required by the District, the bidder's organization available for the performance of the contract and any other required evidence of the bidder's qualification to perform the proposed contract. The district may consider such evidence before making its decision awarding the bid. Failure to submit evidence of a bidder's responsibility to perform may result in rejection of the bid. DELIVERY: Delivery of articles bid must be completed on or before the delivery date/time specified by the bidder. Since time is of the essence and since any order placed was with reliance upon the bidder's delivery promise, such delivery must be completed as specified in the bid. Failure of the bidder to deliver as specified in the bid, for any other reasons than those listed above, shall result in (at the option of the San Jose/Evergreen Community College District):

1. The rescinding of the Purchase Order, or 2. The deduction from the purchase price of 1 % per week (7 calendar days) per

unit not delivered on the date specified. Said deduction to be stipulated by and

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between the parties as liquidated damages and not as penalty for the failure to deliver. This deduction to be made from the invoice at the time of payment.

FORCE MAJEURE CLAUSE: The Contractor and SJ/ECCD shall be excused from performance hereunder during the time and to the extent that they are prevented from performance by acts of God, acts of Government, labor disturbances, fire, lack or shortage of transportation facilities by the Government or other causes which are beyond the control of and not due to the fault or neglect of the Contractor or SJ/ECCD; or when SJ/ECCD is prevented from performing by operation of law or a court order. In these instances, the Contractor shall within five (5) days of such occurrence submit written evidence for the cause of the delay including a request for an extension of time equal to the delay. If the District finds that a cause for delay does exist, it may at its' option grant an extension of time equal to the delay. PAYMENT: One hundred percent (100%) payment will be processed through SJ/ECCD's normal accounts payment process after receipt and acceptance of the materials and after compliance by the Contractor with all of the terms of the contract/order. BRANDS: Where a particular brand and model number is mentioned in connection with any item, it is mentioned as a standard of quality and utility only. A bidder may submit a bid on an article other than that named, but such article must be the equal in quality and utility of the article named, and the bidder must state in his proposal the brand with its number which he will furnish for each item on which a bid is submitted. The bidder shall furnish complete specification documentation with the bid proposal on any item proposed to be equal in quality and utility to the article named. Bidders shall, in writing, specifically note any item or items that do not meet the specifications as set forth. Bidders are not restrained from quoting several brands or models on the same item. If the bidder fails to write in the brand and number of the article to be furnished, it is understood that the bidder will furnish the brands and numbers as listed in the bid proposal. SJ/ECCD shall be the sole judge of the acceptability of any equipment having specifications which vary from those listed herein. COMPATIBILITY/INTERFACE: When reference has been made that equipment requested must be compatible and/or interface with existing SJ/ECCD owned equipment, bidder is to advise if additional items, other than specified, will be needed to meet this requirement and shall list in the bid proposal items along with costs including labor charges to install interface materials. SAMPLES: If the bidder is bidding on a brand mentioned as a standard of quality and utility, a sample need not be submitted unless otherwise specified. If the bidder is bidding on a brand other than the one specified, SJ/ECCD reserves the right to request a sample be submitted within five (5) days after opening of bid. Bidders are to clearly mark and identify their samples with brand, number and bidder’s name. This information is to be securely attached to the sample. The sample submitted shall be the exact article the bidder proposes to furnish! Samples shall be submitted free of expense to the District prior to the bid opening time, and if not destroyed in testing will be picked up by bidder. All samples are subject to reasonable tests to determine durability, equality, meeting of specification, quality of workmanship, etc. Any bidder not wishing his sample to be marked, chipped, worn, cut, broken or otherwise defaced must so state clearly on the sample.

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Any sample left with the District without instructions for a period of 100 days shall be considered abandoned and shall become the property of the District. DEMONSTRATION PRIOR TO ORDER: SJ/ECCD reserves the right to request that equipment bid items be available for demonstration to SJ/ECCD personnel within five (5) days after the opening of the bid. The demonstration machines must be located in the Bay Area within a 50 mile (maximum) distance from the College. Such demonstration shall be waived by the College District if the District personnel are sufficiently familiar with the equipment bid that a demonstration would not be necessary. Any items that are bid, and are not available for demonstration, may be rejected by SJ/ECCD as not proven satisfactory for SJ/ECCD use. FEDERAL AND/OR STATE SAFETY REGULATIONS: The articles covered by this bid and any purchase order for furnishing any articles listed in the bid proposal must conform with the safety orders of the State of California, Division of Industrial Safety or the regulations of the Federal Occupational Safety and Health Administration as set forth in the Federal Register, whichever is the more restrictive. NEW EQUIPMENT: All equipment furnished to the SJ/ECCD must be of new manufacturer - no used/rebuilt or obsolete equipment is to be considered unless specifically stated in the Specifications herein. CURRENT MANUFACTURER: All equipment furnished to SJ/ECCD must be currently manufactured with a parts availability period 5 to 7 years from date of purchase by SJ/ECCD. The bidder warrants that any and all equipment he bids is of current manufacturer. WARRANTY: All material and equipment furnished under this specification shall be guaranteed in writing for a period of one (1) year free labor and parts (excluding expendable parts) from the date of the final acceptance against defective material, design and workmanship and all apparatus shall perform in accordance with their individual specifications. If warranty is other than specified, please provide warranty information on Bid Form. SERVICE: The equipment manufacturer or bidder must have maintenance service capabilities available to service the equipment bid. Such maintenance service is to be on call for SJ/ECCD during and after the warranty period. Bidder is to list location of the service center nearest the College District. INSTRUCTION AND TRAINING: All equipment furnished must have complete and detailed written operating instruction manuals. In addition, if bidding on brand other than specified, selected SJ/ECCD personnel must receive operating instructions on the equipment bid from qualified personnel of the successful bidder. Such training shall be waived by SJ/ECCD if District personnel are sufficiently familiar with the equipment bid. SERVICE MANUALS/PARTS LIST: Service manuals and parts list must be furnished with all equipment furnished. ASSEMBLY: All furniture and equipment bid must be delivered to SJ/ECCD in assembled condition and complete as to parts. CONTRACTOR’S RESPONSIBILITIES: In the performance of any operations hereunder, contractor shall furnish at its own expense and cost any and all necessary labor bonds, permits, materials, supplies, machinery, equipment, tools, transportation and anything else necessary to perform and complete the work covered by this Agreement, other than items which SJ/ECCD specifically agrees in writing to

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furnish. Contractor and any of its’ subcontractors shall assume all risks for any damage to or destruction of contractor’s tools, machinery, equipment or materials of any kind or character resulting from any cause unless otherwise specified. All materials shall be new and of a grade and quality adequate for the required use and Contractor warrants that the quality of the work done and materials used will be to the highest standard now prevailing in the industry for work of such nature in every respect. PIGGYBACK CLAUSE: Other county offices of education and school districts within California may desire to award a contract in response to this Bid Proposal. If authorized by the bidder herein, the bidder shall provide materials to these other county offices of education and school districts at the same prices and upon the same terms and conditions pursuant to Section 20652 of the California Public Contract Code and Section 39642 of the California Education Code (applies to newly manufactured equipment only). For the purposes of this clause, SJ/ECCD requests that the quoted prices be held valid for ninety (90) days after the opening of the bid. SJ/ECCD waives the right to require other county offices of education and school districts to draw their warrants in favor of SJ/ECCD as provided in said code sections.

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SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT

INSURANCE INDEMNITY REQUIREMENTS

INSURANCE: Contractor shall not commence work nor shall contractor allow any subcontractor to commence work under this contract until all required insurance and certificates have been delivered to and approved by the San Jose/Evergreen Community College District. To protect SJ/ECCD against liability, loss or expense arising from damage to property or injury to any person arising out of, in connection with or resulting from the work provided for hereunder, Contractor shall, during the progress of the work, carry, at its own expense, insurance with the minimum coverage as follows:

1. Insurance carriers shall be a company admitted (licensed) to do business in the State of California, should have a current A.M. Best’s rating of A-VII, with a satisfactory financial rating, and satisfactory to SJ/ECCD.

2. Insurance and certificates shall be provided on authorized forms provided by carriers.

3. Certificates and insurance policies shall include the following clause:

“This policy shall not be cancelled or reduced in required limits of liability or amounts of insurance until a 30 day written notice has been mailed to Owner stating date of cancellation or reduction.” Note: Contractor shall not cancel or make any material change in any certificates and/or insurance policies without sixty (60) days prior written notice to SJ/ECCD and without written consent from SJ/ECCD.

4. The San Jose/Evergreen Community College District and its’ agents, directors, officers,

employees, volunteers and servants shall be named as additional insured, individually and collectively, on all insurance and certificates pertaining to this work, through its completion. Contractor shall include with their certificate of insurance a separate endorsement page naming San Jose/Evergreen Community College District as additional insured.

a. THE CERTIFICATE HOLDER MUST ALWAYS READ AS BELOW: San Jose Evergreen Community College District 4750 San Felipe Road San Jose, CA 95135

b. ON THE CERTIFICATE ITSELF, UNDER THE DESCRIPTION OF

OPERATIONS, IT MUST READ:

San Jose Evergreen Community College District, its trustees, officers, agents, employees, and volunteers, individually and collectively are named as additional insured on General Liability policy as per attached endorsement.

c. THE ENDORSEMENT PAGE MUST: 1. list the General Liability Policy Number, 2. list San Jose Evergreen Community College District under the Name of Person or

Organization, and 3. match the dates on the Certificate of Insurance exactly if listed.

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5. Certificate of insurance shall state in particular those insured, extent of insurance, location and operation in which insurance applies, expiration and date of cancellation and reduction notice.

6. Commercial General Liability Insurance , including Contractors Contingent coverage, with

limits of not less than one million dollars ($1,000,000) per occurrence (including Bodily Injury or Death and Property Damage) (Combined single limits.) and an aggregate amount of two million dollars ($2,000,000). Individual categories as applicable. a. Premises and Operations Coverage; b. Contractual Liability covering liabilities assumed under this contract; c. Products and Completed Operations Coverage; d. Broad Form Property Damage Liability endorsement; e. Personal Injury Liability; f. Fire Legal Liability; g. Independent Contractors; h. Territorial extension to cover all work areas; i. Coverage for liability resulting from the consumption of food prepared or served by Contractor or Subcontractor. (If applicable.)

7. Commercial Automobile Liability Insurance, including all owned vehicles, hired vehicles, and non owned vehicles, and equipment with minimum limit of one million dollars ($1,000,000) per occurrence Bodily Injury and Property Damage. (Combined single limits.)

8. Professional Liability Insurance with minimum of two million dollars ($2,000,000) per claim and four million dollars ($4,000,000) per annual aggregate. Deductible not to exceed twenty five thousand dollars ($25,000) each claim; and

9. Workers’ Compensation Insurance and Occupational Disease Insurance as required by law

and Employer’s Liability Insurance with limits of not less than $1,000,000 for any accident or occupational disease covering location of all work places involved in this Contract. Individual categories as applicable to this Contract.

10. Protection for liabilities under the Federal Longshoremen’s & Harbor Workers’

Compensation Act and Outer Continental Shelf Lands Act. (If applicable.) a. Coverage for liability under the Merchant Marine Act of 1920, commonly known as the

Jones Act; the Admiralty Act; and the Death on the High Seas Act with limits of not less than $1,000,000 per accident. (If applicable.)

b. Coverage amended to provide that a claim in REM shall be treated as a claim against the employer.

c. Territorial extension to cover all work areas.

11. Special Hazards Insurance (such as explosion hazard, collapse hazard, underground hazard, etc.): Where specified, special hazards shall be covered by rider or riders to above mentioned insurance coverage or by special policies of insurance.

12. Other Insurance: In the event SJ/ECCD should desire any other type of insurance during

term of the contract, such insurance shall be provided by Contractor with such firm or firms as SJ/ECCD may direct and the Contract price shall be adjusted by an amount equal to the cost of such insurance.

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Contractor’s insurance coverage shall be primary insurance as respects SJ/ECCD, its agents, directors, officers, employees or servants. Any insurance maintained by SJ/ECCD shall be excess of Contractor’s insurance and shall not contribute with it.

Contractor shall also be solely responsible for subcontractors compliance to insurance requirements specified herein. Should subcontractors insurance coverage be less than the minimum insurance requirements specified herein, SJ/ECCD, at its option may (1) require Contractor to secure such minimum coverage, or (2) purchase insurance necessary to provide such minimum coverage and charge the premiums therefore to the Contractor’s account. Failure to secure the insurance coverage or the failure to comply fully with any of the insurance provisions of this Contract, or the failure to secure such endorsements on the policies as may be necessary to carry out the terms and provisions of this Contract, shall in no way act to relieve Contractor from the obligations of this Contract, any provisions hereof to the contrary notwithstanding. In the event that liability for any loss or damage be denied by the underwriter or underwriters, in all or in part, because of breach of said insurance by Contractor, or for any other reason, or if Contractor fails to maintain any of the insurance herein required, Contractor shall hold harmless, defend and indemnify SJ/ECCD against all claims, demands, costs and expenses, including attorney’s fees which would otherwise be covered by said insurance and any other damages resulting from lack of insurance required hereunder. INDEMNITY: Contractor hereby indemnifies and agrees to hold harmless SJ/ECCD, and any agents, directors, officers, employees, or servants of SJ/ECCD, from and against all claims, demands, liabilities, costs, judgments, obligations, and causes of action of every kind and character (except as hereinafter provided), including without limitation the cost of defense and attorney’s fees incurred, arising out of, incident to, or in connection with this Contract or performance of work or services hereunder or breach of the terms hereof, regardless of whether the liability therefore is based upon some alleged act or omission of SJ/ECCD or of Contractor or of some third or other party, and including without limitation by enumeration all taxes, claims, debts fined, penalties, forfeitures, patent infringements, loss of use, death injury and damages to all persons and property together with the amount of judgments, penalties, interest, court costs, legal and other fees and expenses in connection therewith. With respect to liability based upon some alleged act or omission of SJ/ECCD or someone not a party hereto or other party, not an agent or subcontractor of Contractor, this indemnity shall not be limited to the kinds and amounts of insurance Contractor agrees to carry under this Agreement, or such greater amounts as Contractor does in fact carry. Contractor shall not be held responsible and SJ/ECCD shall indemnify and save harmless Contractor for any losses, expenses, claims, actions, costs, judgments, subrogations, liabilities or damages caused by the sole negligence or willful misconduct of SJ/ECCD.

The aforementioned duty to indemnify and hold harmless shall include the duty to defend as established in Section 27-8 of the California Civil Code.

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SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT

BIDDER'S REFERENCES

Each bidder must provide the following information for at least three (3) customers to whom the bidder has sold material the same as or similar in specifications and capability to that material specified in this bid proposal. (Responses to reference checks will be considered in the award of the bid proposal.)

1. Customer name, address, telephone number and fax number.

2. Customer contact person name and title.

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SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT

CERTIFICATE OF NON-DISCRIMINATION BY SUPPLIERS

As suppliers of goods or services to the San Jose/Evergreen Community College District, the firm listed below certifies that it does not discriminate in its employment with regards to race, creed, color or national origin; that it is in compliance with all Federal, State, and local directives and executive orders regarding nondiscrimination in employment; and that it agrees to demonstrate positively and aggressively the principal of equal opportunity in employment. We agree specifically:

1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.

2. To communicate this policy to all persons concerned, including company

employees, outside recruiting services, especially those serving minority communities and to the minority communities at large.

3. To take affirmative steps to hire minority employees within the company.

Signature & Date________________________________________________________ Print Name & Title_______________________________________________________

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SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT

BIDDER BUSINESS STRUCTURE

Each bid must give the full business address of the bidder and must be signed by the bidder with his or her usual signature.

1. Bids by partnerships must furnish the full names of all partners and must be signed in the partnership name by a general partner with authority to bind the partnership in such matters.

2. Bids by corporations must be signed with the legal name of the corporation,

followed by the signature and designation of the President, Secretary, or other person authorized to bind the corporation in this matter. The name of each person signing shall also be typed or printed below the signature. When requested by SJ/ECCD, satisfactory evidence of the authority of the Officer signing on behalf of the corporation shall be furnished.

3. No bid is valid unless signed by the person authorized to execute bids on behalf

of the firm. A bidder's failure to properly sign required forms may result in rejection of the bid. Please print or type the following information:

A. Nature of firm (sole proprietorship, partnership, corporation.): B. Corporation organized under the laws of the State of: C. Names and titles of individual members of the sole proprietorship, partnership,

corporation: Signature & Date_________________________________________________________ Print Name & Title________________________________________________________

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SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT

STATEMENT OF NON-COLLUSION

I, _________________________________________, ________________________________________ (name) (title) of _________________________________________________________ hereby certify: That all statements of fact in this proposal are true. That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly, by agreement, communication, or conference with any, attempted to induce action prejudicial to the interest of the San Jose/Evergreen Community College District, or of any other bidder or anyone else interested in the proposed contract; and further That prior to the public opening and reading of proposals, said bidder:

A. Did not, directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;

B. Did not directly or indirectly, collude, conspire, connive, or agree with anyone

else that said bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from bidding or withdraw his proposal;

C. Did not, in any manner, directly or indirectly, seek by agreement,

communication, or conference with anyone to raise or fix the proposal price of said bidder or of anyone else, or raise or fix any overhead, profit, or cost element of his proposal price, or of that of anyone else;

D. Did not, directly or indirectly, submit his proposal price or any breakdown

thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except to the San Jose/Evergreen Community College District, or to any person or persons who have a partnership or other financial interest with said bidder in his business.

I certify (declare) under penalty of perjury that the foregoing is true and correct. Signature & Date:___________________________________________________________ Print Name & Title:__________________________________________________________

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SAN JOSE/EVERGREEN COMMUNITY COLLEGE DISTRICT

DRUG-FREE WORKPLACE CERTIFICATION FORM

I,__________________________________, am the __________________________ of (Print Name) (Title) _______________________________________________________________________. (Contractor’s Name) I declare, state and certify to all of the following: 1. I am aware of the provisions and requirements of California Government Code§§ 8350 et seq., the Drug Free Workplace Act of 1990. 2. I am authorized to certify, and do certify, on behalf of Contractor that a drug free workplace will be provided by Contractor by doing all of the following:

A. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in Contractor's workplace and specifying actions which will be taken against employees for violation of the prohibition; B. Establishing a drug-free awareness program to inform employees about all of the following:

(i) The dangers of drug abuse in the workplace; (ii) Contractor's policy of maintaining a drug-free workplace; (iii) The availability of drug counseling, rehabilitation and employee assistance programs; and (iv) The penalties that may be imposed upon employees for drug abuse violations;

C. Requiring that each employee engaged in the performance of the Contract be given a copy of the statement required by subdivision (A), above, and that as a condition of employment by Contractor in connection with the Work of the Contract, the employee agrees to abide by the terms of the statement.

3. Contractor agrees to fulfill and discharge all of Contractor's obligations under the terms and requirements of California Government Code §8355 by, inter alia, publishing a statement notifying employees concerning: (a) the prohibition of any controlled substance in the workplace, (b) establishing a drug-free awareness program, and (c) requiring that each employee engaged in the performance of the Work of the Contract be given a copy of the statement required by California Government Code §8355(a) and requiring that the employee agree to abide by the terms of that statement. 4. Contractor and I understand that if the District determines that Contractor has either: (a) made a false certification herein, or (b) violated this certification by failing to carry out and to implement the requirements of California Government Code §8355, the Contract awarded herein is subject to termination, suspension of payments, or both. Contractor and I further understand that, should Contractor violate the terms of the Drug-Free Workplace Act of 1990, Contractor may be subject to debarment in accordance with the provisions of California Government Code §§8350, et seq. 5. Contractor and I acknowledge that Contractor and I are aware of the provisions of California Government Code §§8350, et seq. and hereby certify that Contractor and I will adhere to, fulfill, satisfy and discharge all provisions of and obligations under the Drug-Free Workplace Act of 1990. I declare under penalty of perjury under the laws of the State of California that all of the foregoing is true and correct. Executed at __________________________________________(City and State) this ___ day of __________________, 201__ . __________________________________ (Signature) ___________________________________ (Handwritten or Typed Name)