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REQUEST FOR

PROPOSALS

Bids must be submitted electronically to:

http://www.planetbids.com/portal/portal.cfm?CompanyID=13721#.

Santa Monica Community College

RFP Title: SMC Main Data Center REFRESH

RFP No. 06292015001cm

BIDS DUE: 2:00 P.M. PST JULY 20, 2015

.

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Contents

NOTICE ... 3

BID (Proposal) SECURITY ... 3

CANCELLATION OF THIS RFP ... 3

ERRORS IN THE RFP ... 4

QUESTIONS REGARDING THE RFP ... 4

BACKGROUND AND OBJECTIVE INFORMATION ... 4

TIMELINE FOR THIS RFP ... 6

SUBMISSION GUIDELINES ... 6

DISPUTES AND PROTEST ... 7

AWARD OF CONTRACT ... 8

EXECUTION OF CONTRACT... 8

MANDATORY REQUIREMENTS- CISCO INTEGRATOR ... 9

PROFESSIONAL SERVICES ... 9

DEPLOYMENT TASKS ... 9

COORDINATION /IMPLEMENTATION ... 10

PROJECT KICK OFF MEETING ... 10

PROJECT MANAGEMENT REQUIREMENTS ... 10

ENGINEERING REQUIREMENTS ... 11

SANTA MONICA COLLEGE REQUIREMENTS ... 11

IMPLEMENTATION PHASE ... 12

INSTALLATION AND SYSTEM CONFIGURATION ... 13

TESTING AND GO LIVE ... 15

SMC Support ... 16

KNOWLEDGE TRANSFER ... 17

DELIVERABLES/PROJECT COMPLETION/PROJECT ESCALATION... 18

PROJECT COMPLETION ... 18

CHANGE MANAGEMENT PROCESS ... 18

ASSUMPTIONS ... 19

Notes/Clarifications ... 19

Technical Detailed Material Specifications (BOT) COST SHEET ... 27

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TRADE IN EQUIPMENT ... 34

ATTACHMENT 1 BIDDER’S ACCEPTANCE OF TERMS AND CONDITI0NS ... 35

ARTICES ... 38

GENERAL TERMS AND CONDITIONS ... 40

SPECIAL PROVISIONS ... 46

ATTACHMENT IR-1 ... 49

NON-COLLUSION AFFIDAVIT FORM (NCA-1) ... 50

DRUG FREE WORKPLACE CERTIFICATION ... 51

NOTICE

Notice is hereby given that proposals will be received in the SMC Purchasing Office by 2:00 p.m. on for Main Data Center FRESH Project

The RFP will be available on June 30, 2014 and all proposals must be submitted by the specified date and time on Santa Monica College’s Bid Website at

http://www.planetbids.com/portal/portal.cfm?CompanyID=13721# Suppliers must be registered with SMC on this online bid portal in order to submit an RFP.

BID (Proposal) SECURITY

Each proposal shall be accompanied by Bid Security in the form a (a) cash, (b) certified or cashier’s check made payable to the District or (x) a Bid Bond, in the form and content attached hereto, in favor of the District executed by the Bidder as a principal and an Admitted Surety Insurer under Code of Civil Procedures §§995.120 and 995.311 as surety (the “Bid Security”) in an amount not less than 10% of the RFP proposal. Any RFP proposal submitted without the required Bid (Proposal) Security is non-responsive and will be rejected

CANCELLATION OF THIS RFP

SMC reserves the right to cancel this Request for Proposal for any reason without any liability and to waive any and all irregularities. Proposals s may be withdrawn by written notice only provided such notice is received at the office of SMC’s Purchasing Department prior to the date/time set as the closing time for receiving proposals. Proposals shall be open and valid for a period of 120 days following the submission closing date.

Any interpretation, addition, deletion, or any other corrections to the Bid document, will be issued as written addenda by SMC. It is the sole responsibility of the potential Bidders to periodically check the SMC bid website to ensure that all available information has been received.

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This Invitation for Bid does not commit SMC to awarding a Contract. Bidders shall bear all costs incurred in the preparation of the Bid and participating the evaluation process. SMC reserves the right to reject any and all bids, to accept the bid it considers most favorable to SMC in its sole discretion and to waive minor irregularities.

ERRORS IN THE RFP

If a bidder discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, the bidder should immediately provide SMC Purchasing Department with written notice of the problem and request that the RFP be clarified or modified. Without disclosing the source of the request, SMC may modify the document prior to the date fixed for submission of bids by issuing an addendum to all potential bidders to whom the RFP was sent.

If prior to the date fixed for submission, a bidder knows of or should have known of an error in the RFP but fails to notify SMC Purchasing of the error, the bidder shall bid at its own risk, and if, awarded the contract, shall not be entitled to additional compensation or time by reason of the error or its later correction.

QUESTIONS REGARDING THE RFP

Questions regarding the RFP must be posted on SMC’s online bidding portal by the date and time specified. Questions and answers regarding the RFP will be shared with all bidders known to be interested in submitting a bid.

BACKGROUND AND OBJECTIVE INFORMATION

Santa Monica Community College (SMC) through the Information Technology Department of

Santa Monica Community College District is seeking TO PROVIDE A NEW AND

INCREASED COMPUTE CAPABILITY IN THE NEW DATA CENTER, TO PROVIDE

NETWORK INFRASTRUCTURE FOR THE NEW DATA CENTER AND TO PREP THE

NEW Datacenter so SMC can move existing systems over the Spring Break Maintenance

Window.

The Statement of Work (SOW) identifies the services and activities to be performed by the Cisco

Integrator (and/or others as identified herein) relative to the Data Center solution for Santa

Monica College. The services, activities, and responsibilities described within the following

sections herein characterize the full set of deliverables required for this project.

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HIGH LEVEL VISIO

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TIMELINE FOR THIS RFP

SMC has developed the following list of key events related to this RFP. All dates are subject to

change at the discretion of SMC.

EVENT

DATE

RFP Issued

JUNE 30, 2015

Follow-up questions Due

12:00 p.m., PST July 8, 2015

SMC written response to questions are due

July 13, 2015

RFP DUE

2:00 P.M., PST JULY 20, 2015

Notice of Intent to Award

July 22, 2015

BOARD OF TRUSTEE MEETING

AUGUST 4, 2015

Contract Signed

AUGUST 5, 2015

System Installed Target

SPRING BREAK 2016 (APRIL)

SUBMISSION GUIDELINES

It is the Bidder’s sole responsible for ensuring that the bid is received complete by SMC in

accordance with the RFP requirements, prior to the date and time specified in the RFP. SMC

shall not be responsible for delays or transmission errors. Late RFP’s will be rejected.

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DISPUTES AND PROTEST

The District encourages potential Submitters to resolve issues regarding the requirements of

the procurement process through written correspondence and discussions during the period in

which clarifying addenda may be issued. The District wishes to foster cooperative relationships

and to reach a fair agreement in a timely manner.

Any Submitter submitting a bid proposal to the District may file a protest of the Districts Notice

of Intent to award the contract provided that each and all of the following are complied with:

1.

The

bid

protest

is

in

writing;

2.

The bid protest is filed and received by the District’s Vice President of Business and

Administration not more than five (5) calendar days following the date of the issuance

of

the

District’s

Notice

of

Intent

to

Award

the

contract,

and;

3.

The written bid protest sets forth in detail, all grounds for the bid protest, including

without limitation all the facts, supporting documentation, legal authorities and

agreement in support of the grounds for the bid protests; any matters not set forth in

the written protest shall be deemed waived. All factual contentions must be supported

by competent, admissible and creditable evidence.

Any bid protest not conforming to the foregoing shall be rejected by the District as invalid.

Provided that a bid protest is filed in strict conformity with the foregoing, the District’s Vice-

President, Business and Administration or such individual(s) as may be designated by him/her,

shall review and evaluate the basis of the bid protest. The District’s Vice-President, Business

and Administration or other individual designated by him/her shall provide the bidder

submitting the bid protest with a written statement concurring with or denying the bid protest.

The District's Board of Trustees will render a final determination and disposition of a bid protest

by taking action to adopt, modify or reject the disposition of a bid protest as reflected in the

written statement of the District’s Vice-President, Business and Administration or his/her

designee. Action by the District's Board of Trustees relative to a bid protest shall be final and

not subject to appeal or reconsideration by the District’s Vice President, Business and

Administration any other employee or officer of the District or the District's Board of Trustees.

The rendition of a written statement by the District’s Vice-President, Business and

Administration (or his/her designee) and action by the District's Board of Trustees to adopt,

modify or reject the disposition of the bid protest reflected in such written statement shall be

express conditions precedent to the institution of any legal or equitable proceedings relative to

the bidding process, the District's intent to award the Contract, the District's disposition of any

bid protest or the District's decision to reject all Bid Proposals. In the event that any such legal

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or equitable proceedings are instituted and the District is named as a party thereto, the

prevailing party(ies) shall recover from the other party(ies), as costs, all attorneys' fees and

costs incurred in connection with any such proceeding, including any appeal arising therefrom.

AWARD OF CONTRACT

Award, if any, will be to the firm whose proposal best complies with all of the requirements of

the RFP documents and any addenda. Subsequent to the award, all RFP’s become public

documents. Evaluation methodology and basis for award are described in Section IV-

Evaluation and Award Criteria.

The District may elect at any time to amend any contract awarded hereunder to require the

Submitter to provide additional advising, analysis, information, or assistance. In this case, work

performed by the Submitter will be on a negotiated basis. The selected Submitter and the

District will mutually agree on the scope of work associated with any such additional service.

EXECUTION OF CONTRACT

The Contract shall be signed by the Submitter and returned, along with the required

attachments to the District Purchasing Office within 10 working days. The period for execution

may be changed by mutual agreement of the parties. Contracts are not effective until

approved by the District’s Board of Trustees and by the appropriate District officials. Any work

performed prior to receipt of a fully executed contract shall be at Submitter’s own risk.

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MANDATORY REQUIREMENTS- CISCO INTEGRATOR

Integrator must meet the minimum Qualifications to be considered for this project

 Cisco Certified Gold Partner

 Cisco ATP Data Center

 Advanced Data Center Architecture Specialization

 Advance Routing and Switching

 Advanced Security

 Advanced Unified Fabric Technology Specialization

 Master Cloud Builder Specialization

 Master Security Specialization

 Cloud Builder-Infrastructure, Management and Services

 Virtualization: VMware

 Customer Satisfaction Excellence

 MCB Cloud Management- Cisco UCS Director

 MCB Cloud Management- Intelligent Automation for Cloud

 MCB Desktop Virtualization- VMware

 MCB Hypervisor Virtualization-VMware

 ATP- Cisco Application Centric Infrastructure

 ATP- Data Virtualization Reseller

 ATP- IP Interoperability and Collaboration Systems

 ATP-UCS Invicta

 CCIE in Data Center on staff

 VCP on Staff

PROFESSIONAL SERVICES

DEPLOYMENT TASKS

Below is a breakdown of assigned tasks broken down by type:

Coordination/Implementation

Design

Installation and System Configuration

Testing and Go Live

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COORDINATION /IMPLEMENTATION

Project coordination services provide oversight of the organization, direction and control of all

project-related efforts required to complete the implementation as defined herein. The

Integrator’s Project Manager will manage the project and drive status meetings/conference calls.

During a project, the Project Manager will be responsible for:

Procurement, staging and delivery of purchased equipment

Scheduling, Integrator resources

Coordinating required SMC resources and associated tasks (if applicable)

Planning installation activities using the agreed upon timeline as a guide

Acting as a single point of contact for SMC inquires including changes, issue escalation,

and acceptance activities

PROJECT KICK OFF MEETING

Project implementation kickoff meeting should include a full review of the contract terms,

responsibilities, joint planning activities, and short-term deliverables for both the Cisco

Integrator and SMC. The following items will be reviewed during the kick off meeting:

Review Project Materials list

Review specific items described in this Scope of Work

Develop and verify the contact and escalation list

Review a communication plan that will outline the protocol to be followed with regards

to status reports, documentation of meetings, assignment and tracking of action items,

required SMC/system information deliverables, project invoices, freeze dates for

database or scope changes, and SMC logistical concerns.

Review change management plan

Review site test and acceptance processes

PROJECT MANAGEMENT REQUIREMENTS

Provide a single point of contact for all project management, delivery, and support

activities.

Participate in regularly weekly stakeholder and Implementation status meetings for the

duration of the project.

Provide weekly status reports, including progress, risk assessments, pending items, etc.

Coordinate and manage all implementation activities of the project delivery team include:

o

Planning and Preparation phase

o

New Component Staging and Deployment

o

Develop System Test Plan

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o

Transition to support.

Interface with Santa Monica College stakeholders and project personnel to communicate

implementation delivery status.

Collaboratively develop project milestones and timelines with Santa Monica College.

Develop and maintain implementation timeline and resource schedules.

ENGINEERING REQUIREMENTS

Work with SMC to document Network and Compute configuration requirements.

Collaborate with Santa Monica College personnel during the planning and preparation

phase.

Develop system test plan documentation

Collaborate with Santa Monica College personnel on a rollback and recovery plan.

Participate in regularly scheduled stakeholder and implementation status meetings.

Solution deployment, installation and configuration

SANTA MONICA COLLEGE REQUIREMENTS

SMC to provide Local Brocade switch so all FC connections will be over MMF

Fiber Patch cords required from SMC- all Patch cords OM3 or better.

QTY Connector Use Notes

8 LC to LC MMF UCS 6296 pair to Nexus 9396 pair Length TBD based on distance required. 2 LC to LC MMF UCS C460 to Nexus 9396 pair Length TBD based on distance required. 8 LC to LC MMF UCS 6296 pair to Local Brocade Length TBD based on distance required. * Assumed brocade is equipped with LC Optics.

8 LC to LC MMF UCS C460 pair to Local Brocade Length TBD based on distance required. * Assumed brocade is equipped with LC Optics.

2 or 4

LC to LC MM Local Brocade to Remote Brocade ISL links

Length TBD based on distance required. Quantity of links to be determined by SMC.

4 LC to LC SMF Nexus 9396 pair to Nexus 7000 pair

Length TBD based on distance required. LC- LC for straight connection.

**If cross Connects are in place, we will need 4 fiber patch cables from the Nexus 9396 to the local cross connect AND 4 fiber patch cables from the far cross connect to the Nexus 7000 pair. 4 CAT 6 Copper

Patch cables

2 for UCS 6296 L1 & L2 connections

2 for UCS Management links.

Length between 6296 pair Length from FI to 2248

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IMPLEMENTATION PHASE

The roles and responsibilities during implementation are outlined below:

Cisco Integrator Responsibilities

 Provide Project Manager to lead the project as outlined in the project kickoff meeting and act as a single point of contact between Integrator and SMC.

 Maintain the project timeline and notify the proper authorities in case of project delays.

 Coordinate the system data gathering activities  Establish and participate in status update calls  Process any change orders (as required)

 Track equipment logistics and verify site and equipment readiness with the SMC prior to deploying team members.

 Make sure that all SMC electrical and environmental requirements are met before deploying Integrator team members

 Ensure Integrator employees and any subcontractors conform to SMC’s reasonable workplace policies, conditions, and safety regulations.

Santa Monica

College Responsibilities

 Designate a single point of contact and a backup contact for all Integrator inquiries.

 Provide information and documentation required by Cisco Integrator within two (2) business days of request.

 Notify Cisco Integrator of any hardware and/or software upgrades or any other changes within the SMC’s network at least thirty (30) business days prior to the upgrade.

 Notify Integrator of any installation scheduling change at least seventy-two (72) hours prior to the originally scheduled installation date.  When requested by the Integrator, provide building layouts, including

the floor plans, location of cables, and power sources.

 Supply the workplace policies, conditions, and environment in effect at the SMC site.

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DESIGN

The below table outlines the responsibilities of the Cisco Integrator and Santa Monica College to

ensure successful system configuration:

Cisco Integrator Responsibilities

 Develop configuration documentation with input from the systems and network design team.

 Develop the implementation-specific network diagram with input from the SMC and/or the design team.

 Configure all products for maximum conformance to the desired access and security policy. This conformance must be based on Manufacturer best practices.

SMC Responsibilities

 Provide a staging room with adequate table space, power, grounding, and network infrastructure as specified in the staging plan to allow Integrator to stage and configure the product.

 This staging room should have a locked storage area. Storage fees may be incurred if SMC does not have capacity to store the materials.  Provide shipping addresses for each site along with contact names for

shipment to the SMC-specified locations.

 Provide input to the Integrator for the development of configuration documentation.

INSTALLATION AND SYSTEM CONFIGURATION

The below table outlines the responsibilities of the Cisco Integrator and Santa Monica College

during Installation and Configuration

Configuration responsibilities listed below are related to the following components:

(2) Cisco Nexus 9396 DC aggregation switches

The Cisco Integrator will configure as Layer 2 Extension off of Nexus 7000. (SMC will convert to L3 as a separate project phase)

The Cisco Integrator will configure with approximately 25 VLANs.

The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below (2) Cisco Nexus 2248 Fabric Extenders.

The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below (2) Cisco UCS 6296 Fabric Interconnects

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The Cisco Integrator will configure network and storage connectivity as documented in the discovery process.

The Cisco Integrator will apply additional Port licenses for fabric interconnects. The Cisco Integrator will configure Pools, Policies, Templates, and Profiles for UCS servers.

(4) Cisco UCS 5108 Blade Chassis

The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below (16) Cisco UCS B200 M4 Blade servers

(1) Cisco UCS C460 Rack mount server

The Cisco Integrator will configure with uplinks as illustrated in cable diagrams below The Cisco Integrator will review utilization of UCS Manager Express to set up stand alone server

(5) Cisco UCS C220 Rack mount servers

To be installed and configured by SMC.

(4) Cisco RP208 PDU with 20 C13 and 4 C19, Single Phase PDUs with L6-30P plug.

SMC will provide, install, and properly brace (2) Chatsworth racks measuring 31.5 x 47.2 x 45U (Chatsworth PN: FF3U-111C-C52-B)

SMC will provide (2) 30 AMP single phase circuits per rack terminated to a L6-30 Connector in order to be compatible with the Cisco PDUs (PN: RP208-30-1P-U-2=)

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15 Cisco Integrator Responsibilities

 Confirm that SMC has completed the site readiness recommendations and that the network is ready for the installation of the solution.  Receive, inventory, and record serial numbers for the product at the

on-site staging location.

 Unpack and assemble devices

 Rack, power, and patch devices in Schedule A.

 Troubleshoot and replace hardware failures relating to the installation of the product.

 Apply configurations documented in design phase to devices listed in Schedule A.

 UCS Director licenses have been included in the Schedule A but will not be installed or configured within the scope of this project.

SMC Responsibilities

 Prepare the site in accordance with the site readiness

recommendations. The Cisco Integrator shall not proceed with the product installation until such modifications and changes are made.  Provide any security clearances, escorts, special safety equipment, and

access training as required to access the site.

 Provide an engineer to be available during the network installation and implementation testing to make network changes required to make the network operational.

 Provide IP addresses, subnet masks and existing DNS and DHCP server configurations information

 Provide administrative accounts necessary to complete configuration.  Provide all required Fiber patch cables.

 Provide configuration required on existing network (Nexus 7k, Cisco 6500), server (HP), and SAN hardware (Brocade and HP)

 Provide necessary Rack space and power.

TESTING AND GO LIVE

The below table outlines the responsibilities of the Cisco Integrator and Santa Monica College to ensure successful system deployment:

System will be considered Live when Test VM is Vmotioned to UCS environment and all Network reachability tests are verified by SMC.

At completion of System Go Live, Integrator resources will go into standby while SMC plans the move and configuration of existing hardware.

SMC will move existing HP servers and Storage arrays and connect to new infrastructure. SMC will move existing Brocade switches and test connectivity.

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SMC will update Nexus 9k configuration to move L3 interfaces from Nexus 7k to Nexus 9k The Cisco Integrator will provide design review and support as described in above.

The Cisco Integrator will provide cutover assistance as described above

Cisco Integrator Responsibilities

 Provide on-site support during installation, migration, cutover, and implementation testing.

 Verify operation of the installed Nexus switches and UCS B series Servers.

 Demonstrate Installation of ESX Operating system on UCS B series Blade.

 Verify Network reachability of test virtual Machine migrated to UCS B environment in new Data Center.

SMC Responsibilities

 Configure all necessary Vmware components.

 Designate test VM and perform Vmotion to UCS environment.  Test network reachability of test VM.

SMC SUPPORT

SMC will own the DC service move and Network reconfiguration.

The Cisco Integrator must provide advisory support during the service cutover performed and managed by SMC. The Cisco Integrator Project Management will not be involved in this project plan. The Cisco Integrator engineers will be engaged as advisors, and available for cutover support as specified in the table below.

SMC will be responsible for ensuring data integrity during the move and system turn up and operation. The Cisco Integrator is providing advisory and troubleshooting assistance, but is not developing the move and network reconfiguration deployment plan, test plan, or acceptance plan.

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 Provide up to 8 hours remote design review of SMC Plans for Server and Storage move.

 Provide up to 8 hours of supplementary Go Live assistance during SMC Server and Storage move. Support will be focused on preserving UCS functionality.

 Provide up to 8 hours to design and model Vmware virtual Distributed Switching (vDS) and implement base configuration.

SMC Responsibilities

 Move, install, and configure all existing DC components.

 Update Nexus 9k configuration to move L3 functionality from the N7k

KNOWLEDGE TRANSFER

Administrative Knowledge Transfer –The Cisco Integrator will provide one informal administrative knowledge transfer session for up to 8 hours to accommodate up to three attendees. This session will be conducted on the day after completion or conducted informally throughout the deployment.

Cisco Integrator Responsibilities

 Coordinate a time and place with SMC for all knowledge transfer sessions

 Review features capabilities and troubleshooting steps for Nexus 9396  Review features capabilities and troubleshooting steps for UCS B

series

 Review steps to take to migrate Vmware Standard vSwitches to Vmware Distributed vSwitches (vDS)

SMC Responsibilities

 Provide a list of all attendees

 Schedule all rooms and facilities to be used for knowledge transfer sessions

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DELIVERABLES/PROJECT COMPLETION/PROJECT ESCALATION

The below table shows deliverables that will be provided by the Cisco Integrator.

Deliverables

Cisco Integrator Deliverables  Project plan

 Data Collection Worksheet

 “As built” information, such as IP address information, and final configurations.

PROJECT COMPLETION

Within five days of project completion, Santa Monica College with work with the Integrator to develop a list of any outstanding performance and/or deliverables issues to form a completion Punch List. Once all items identified on the Punch List have been provided and addressed, Santa Monica College will formally Accept the project.

CHANGE MANAGEMENT PROCESS

No Change Orders will be accepted by Santa Monica College unless one of the following conditions arises:

 SMC Initiated changes to the project scope or services provided

 SMC initiated Timeline or Project Plan changes

 Unavailability of SMC resources

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ASSUMPTIONS

The following assumptions, together with those detailed elsewhere, were made to create this Statement of Work.

General Assumptions

 SMC will provide 24/7 access to SMC facilities, including, where applicable, computer equipment, facilities, workspaces, and equipment.

 SMC will provide a complete and documented network architecture plan that would provide physical and logical schematics (Visio format preferred) prior to service commencement.

 Ensure that all site preparation (for example, but not limited to, power, space, HVAC, abatement, cables, and racks) will be in place and the site ready for equipment installation three (3) business days prior to the beginning of the scheduled onsite installation.

 Ensure that there are the necessary power and cable requirements at each location.  UPS, surge protection, or wall outlets are available and labeled for equipment.

 All patch panels and cables are properly wired and labeled and meet CAT5 specifications.  Any additional cabling required is performed by SMC’s cabling vendor.

 Integrator shall be responsible for the registration of all Cisco SmartNet

 SMC network architecture design shall not change between the date of SMC’s execution of this SoW and the completion of all services contemplated hereunder.

 All fees associated with delivery of the hardware shall be borne by the Integrator at no additional charge to Santa Monica College.

 Unless otherwise agreed to by the parties, a response will take place within two (2) business days of The Cisco Integrator’ request for documentation or information needed for the project.

 SMC has delivered to The Cisco Integrator all of the required paperwork for processing.

 The Cisco Integrator requires no more than three weeks to schedule resources for the project start from the time all completed contracts are received and processed.

 All backup solutions are to be provided by SMC. The Cisco Integrator has not provided these solutions as part of this SoW and does not hold any responsibility for these elements of the end-state solution.  All SoW activities, with the exception of cutover, will be conducted during normal business hours,

Monday through Friday, 8 am to 5 pm.

Notes/Clarifications

 UCS Director licensing has been included as a bundled component of the UCS hardware. SMC and the Cisco Integrator will not be installing or configuring UCS Director within the Scope of this project.

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ASSUMPTIONS

 Nexus 9396 within 5M of each other.

 Nexus 9396 within 5M of Nexus 2248

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SUGGESTED RACK ELEVATION

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TECHNICAL DETAILED BILL OF MATERIAL COST SHEET

PLEASE ANNOTATE TAXABLE ITEMS

PART#

QTY

DESCRIPTION

UNIT

PRICE

EXTENDED

PRICE

DS-SFP-FC8G-SW=

8

8 Gbps Fibre Channel SW SFP+, LC,

Spare

GLC-SX-MMD=

4

1000BASE-SX SFP transceiver module,

MMF, 850nm, DOM

GLC-T=

4

1000BASE-T SFP

N2K-C2248TP-E

2

N2K-C2248TP-E-1GE

(48x100/1000-T+4x10GE), airflow/PS option

CON-SNTP-C2248TPE

2

SMARTNET 24X7X4 Null SKU-No line

item services included

CAB-C13-C14-2M

4

Power Cord Jumper, C13-C14

Connectors, 2 Meter Length

N2248TP-E-FA-BUN

2

Standard Airflow

pack:N2K-C2248TP-E-1GE, 2 AC PS, 1Fan

CON-SNTP-2248EFA

2

SMARTNET 24X7X4 Standard Airflow

pack:N2K-C2248TP-E-1GE

N9K-

C9396PX-FA-L3

2

Nexus 9396PX, hot air exhaust,

Enhanced L3

CON-SNTP-9396PFL

2

SMARTNET 24X7X4 Nexus 9396PX, hot

ai

N9K-C9300-ACK

2

Nexus 9300 Accessory Kit

N9K-C9300-FAN2

6

Nexus 9300 Fan 2, Port-side Intake

CAB-C13-CBN

4

Cabinet Jumper Power Cord, 250 VAC

10A, C14-C13 Connectors

N9K-PAC-650W

4

Nexus 9300 650W AC PS, Port-side

Intake

N9K-C9300-RMK

2

Nexus 9300 Rack Mount Kit

N9KDK9-612I3.3A

2

Nexus 9500 or 9300 Base NX-OS

Software Rel 6.1(2)I3(3A)

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9300, 12p 40G QSFP

N1K-VLCPU-96-ESSTL

2

Nexus 1000V Essential Edition Paper

Delivery License Qty 96

N93-LIC-PAK

2

N9300 License PAK Expansion

CON-SAU-N93LPAK

2

SW APP SUPP + UPGR N9300 License

PAK Ex

N93-LAN1K9

2

LAN Enterprise License for Nexus 9300

Platform

N9K-DCNM-PAK

2

N9000 DCNM License PAK Expansion

CON-SAU-N9DCNMPK

2

SW APP SUPP + UPGR N9000 DCNM

License PAK Expansion

DCNM-LAN-N93-K9

2

DCNM for LAN Advanced Edt. for Nexus

9300 switches

CON-SAU-N93LANK9

2

SW APP SUPP + UPGR DCNM for LAN

Advance

QSFP-H40G-CU5M=

2

40GBASE-CR4 Passive Copper Cable,

5m

RP208-30-1P-U-2=

4

Cisco RP208-30-U-2 Single Phase PDU

20x C13, 4x C19

CON-SNTP-RPDUX

4

SMARTNET 24X7X4 Cisco

RP208-30-U-X Single Phase PDU 2x

SFP-10G-LR=

8

10GBASE-LR SFP Module

SFP-10G-SR=

12

10GBASE-SR SFP Module

SFP-H10GB-CU5M=

48

10GBASE-CU SFP+ Cable 5 Meter

UCS-FI-6296UP-UPG

2

UCS 6296UP 2RU Fabric Int/No PSU/48

UP/ 18p LIC

CON-SNTP-FI6296UP

2

SMARTNET 24X7X4 UCS 6296UP 2RU

Fabrc Int/2 PSU/4 Fans

SFP-10G-SR

16

10GBASE-SR SFP Module

SFP-H10GB-CU3M

16

10GBASE-CU SFP+ Cable 3 Meter

DS-SFP-FC8G-SW

16

8 Gbps Fibre Channel SW SFP+, LC

UCS-ACC-6296UP

2

UCS 6296UP Chassis Accessory Kit

UCS-PSU-6296UP-AC

4

UCS 6296UP Power

Supply/100-240VAC

(29)

29

UCS-BLKE-6200

6

UCS 6200 Series Expansion Module

Blank

UCS-FAN-6296UP

8

UCS 6296UP Fan Module

CAB-C13-CBN

4

Cabinet Jumper Power Cord, 250 VAC

10A, C14-C13 Connectors

UCS-LIC-10GE-16B

2

16xUCS 6200 Series Fabric Int 1port

1/10GE/FC-port E-license

UCS-LIC-10GE-B

32

UCS 6200 Series Fabric Int 1port

1/10GE/FC-port E-license

UCSB-5108-AC2-UPG

4

UCS 5108 Blade Server AC2 Chassis/0

PSU/8 fans/0 FEX

CON-SNTP-6508AC2U

4

UCS 5108 AC Chassis, updated

backplane,SMARTNET 24X7X4

N20-FW012

4

UCS Blade Server Chassis FW Package

2.2

N20-CBLKB1

16

Blade slot blanking panel for UCS

5108/single slot

N20-CAK

4

Accessory kit for UCS 5108 Blade Server

Chassis

UCSB-5108-PKG-HW

4

UCS 5108 Packaging for chassis with

half width blades.

N01-UAC1

4

Single phase AC power module for UCS

5108

N20-FAN5

32

Fan module for UCS 5108

UCSB-B200-M4

16

UCS B200 M4 w/o CPU, mem, drive

bays, HDD, mezz

CON-SNTP-B200M4

16

SMARTNET 24X7X4UCS B200 M4 w/o

CPU,mem,dr b,HDD,mezz

UCS-CPU-E52683D

32

2.00 GHz E5-2683 v3/120W 14C/35MB

Cache/DDR4 2133MHz

UCS-ML-1X324RU-A

256 32GB DDR4-2133-MHz

LRDIMM/PC4-17000/quad rank/x4/1.2v

UCSB-MRAID12G

16

Cisco FlexStorage 12G SAS RAID

controller with Drive bays

UCSB-MLOM-40G-03

16

Cisco UCS VIC 1340 modular LOM for

blade servers

UCSX-TPM2-001

16

Trusted Platform Module 1.2 for UCS

(SPI-based)

UCSB-HS-EP-M4-F

16

CPU Heat Sink for UCS B200 M4 Socket

1 (Front)

UCSB-HS-EP-M4-R

16

CPU Heat Sink for UCS B200 M4 Socket

2 (Rear)

(30)

30

UCSB-LSTOR-BK

32

FlexStorage blanking panels w/o

controller, w/o drive bays

C1UCS-OPT-OUT

16

Cisco ONE Data Center Compute Opt

Out Option

UCS-IOM-2208XP

8

UCS 2208XP I/O Module (8 External, 32

Internal 10Gb Ports)

UCSB-PSU-2500ACDV

16

2500W Platinum AC Hot Plug Power

Supply - DV

CAB-C19-CBN

16

Cabinet Jumper Power Cord, 250 VAC

16A, C20-C19 Connectors

UCSC-C220-M4S

5

UCS C220 M4 SFF w/o CPU, mem, HD,

PCIe, PSU, rail kit

CON-SNTP-C220M4S

5

SMARTNET 24X7X4 UCS C220 M4 SFF

w/o CPU, mem, HD

UCS-CPU-E52650D

5

2.30 GHz E5-2650 v3/105W 10C/25MB

Cache/DDR4 2133MHz

UCS-MR-1X162RU-A

20

16GB DDR4-2133-MHz

RDIMM/PC4-17000/dual rank/x4/1.2v

UCS-

SD240G0KS2-EV

30

240GB 2.5 inch Enterprise Value 6G

SATA SSD

UCSC-MLOM-CSC-02

5

Cisco UCS VIC1227 VIC MLOM - Dual

Port 10Gb SFP+

UCSC-CMAF-M4

5

Reversible CMA for C220 M4 friction &

ball bearing rail kits

UCSC-RAILB-M4

5

Ball Bearing Rail Kit for C220 M4 and

C240 M4 rack servers

UCSX-TPM2-001

5

Trusted Platform Module 1.2 for UCS

(SPI-based)

UCSC-PSU1-770W

10

770W AC Hot-Plug Power Supply for 1U

C-Series Rack Server

CAB-9K12A-NA

10

Power Cord, 125VAC 13A NEMA 5-15

Plug, North America

N20-BBLKD

10

UCS 2.5 inch HDD blanking panel

UCS-220CBLSR8

5

C220 M4 set of 2 SATA/SW RAID cables

for 8HDD bckpln chassis

UCSC-HS-C220M4

5

Heat sink for UCS C220 M4 rack servers

N20-BKVM

5

KVM local IO cable for UCS servers

console port

UCSC-SWRAID5

5

Software Raid 5 upgrade key for

embedded Raid

C1UCS-OPT-OUT

5

Cisco ONE Data Center Compute Opt

Out Option

(31)

31

UCSC-C460-M4

1

UCS C460 M4 base chassis w/o

CPU/DIMM/HDD

CON-SNTP-C460M4

1

SMARTnet Premium 24x7x4,UCS C460

M4 Server

UCS-CPU-E78890D

4

2.5GHz E7-8890 v3/165W/18C/45M

Cache

UCS-MR-1X162RU-G

16

16GB DDR4-2133 MHz

RDIMM/PC4-17000/dual rank/x4/1.2v

UCSC-MRBD2-12

8

UCS C460 M4 DDR4 Memory Riser with

12 DIMM slots

UCSC-PCIE-RSR-05

2

Riser card with 5 PCIe slots

UCS-

SD480G0KS2-EV

2

480 GB 2.5 inch Enterprise Value 6G

SATA SSD

UCSC-

PSU2V2-1400W

4

1400W V2 AC Power Supply for 2U & 4U

C-Series Servers

N20-BKVM

1

KVM local IO cable for UCS servers

console port

CAB-C13-C14-2M

4

Power Cord Jumper, C13-C14

Connectors, 2 Meter Length

UCSC-CMA-4U

1

Cable Management Arm for UCS C460

M4

UCSC-BRCKT1-C460

1

Bracket and Supercap cable for C460

M4 and 12G RAID

UCSC-RAIL-4U

1

Rail Kit for UCS C460 M4

UCSC-PCIE-FLR-F

4

Full Height PCIe slot filler for C Series

UCSC-HS-01-EX

4

CPU Heat Sink for UCS C460 M4 Rack

Server

N20-BBLKD

10

UCS 2.5 inch HDD blanking panel

UCSC-MRAID12G

1

Cisco 12G SAS Modular Raid Controller

UCSC-

MRAID12G-512

1

Cisco 12Gbps SAS 512MB FBWC

Cache module (Raid 0/1/5)

N2XX-AIPCI01

2

Intel X520 Dual Port 10Gb SFP+ Adapter

UCSC-F-FIO-1000PS

2

UCS 1000GB Fusion ioMemory3 PX

Performance line for Rack M4

CON-SNTP-FIOC10PS

2

SMARTNET 24X7X4 UCS 1000GB

Fusion ioMemory3 PX Performance l

UCSC-PCIE-

2

Emulex LPe16002-M6, 16Gb Fibre

(32)

32

E16002

Channel HBA with SR Optics

C1UCS-OPT-OUT

1

Cisco ONE Data Center Compute Opt

Out Option

CIS-TRN-CLC-001

2

100 Prepaid Training Credits: Redeem

w/Cisco Learning Partners

TOTAL HARDWARE

TOTAL SOFTWARE

Trade-In Credit

Hardware Discount

Hardware/Software Total

Total Smartnet/Services

Smartnet Discount (

Smartnet/Services Total

Professional Services

SALES TAX (NOTE TAXABLE ITEMS)

Shipping & Handling

(33)

33

EVALUATION CRITERIA

Evaluation and selection of BIDDER will be based on factors other than cost. These factors may

include, but are not limited to:

ITEM

CRITERIA

POINTS

A FIRM EXPERIENCE AND REFERENCES

1. Previous experience in providing Integrator Services similar in size and scope of this project.

2. Previous experience working with the California Community College Districts, and familiarity with California Public Contract Code

3. Previous experience in providing services to an academic institution. 4. Demonstrated ability to perform

25 POINTS

B PROPOSED PERSONNEL

1. Consideration will be given based on the professional and educational qualifications of personnel that will be assigned to the project based on the resumes provided. Proposer should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude and meet the requirements listed above. Documentation for this section should include: (a) A typical detailed schedule that shows proposed staffing and hours. (b) An organization chart describing how your firm(s) would staff the project.

(c) Resumes of key personnel whom would have direct project responsibilities.

20 POINTS

C WORK PLAN/METHODOLOGY/SCHEDULE

1. This category will consider the overall quality of the proposed scope of services by demonstrated understanding of the District’s Project

10 POINTS

D REFERENCES

1. This category will consider information provided by references

10 POINTS

E COST

1. Points will be awarded based LOWEST AGGREGATE COST TO THE DISTRICT

(34)

34

TRADE IN EQUIPMENT

Bidder must provide Trade-In Rebates consistent with HP Trade in Program for all equipment

listed below. The value of the trade in will be used to calculate the final bid pricing.

MFG Model

Approximate

Date of Purchase Serial Number

HP DL360G5 Server 4/17/2007 USE717N23B

HP BladeSystem c7000 Enclosure 3/3/2009 USE902JW8V

HP BladeSystem c7000 OnBoard Administrator 3/3/2009 O98BMP8797 HP BladeSystem c7000 OnBoard Administrator 3/3/2009 O97AMU3519

HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C4849004X

HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C48490018

HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C4849009M

HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C4849005H

HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C4849005J

HP BLc 1/10Gb VC-Enet Module 3/3/2009 3C484900AG

HP BLc 4Gb VC-FC Module 3/3/2009 3U7049000B

HP BLc 4Gb VC-FC Module 3/3/2009 MXK85100ND

HP BL460c G1 Blade Server 3/3/2009 USE902JW8X

HP BL460c G1 Blade Server 3/3/2009 USE902JW96

HP BL460c G1 Blade Server 3/3/2009 USE853JPTT

HP BL460c G1 Blade Server 3/3/2009 USE915LECS

HP BL460c G1 Blade Server 3/3/2009 USE902JW90

HP BL460c G1 Blade Server 3/3/2009 USE902JW95

HP BL460c G1 Blade Server 3/3/2009 USE906K8MX

HP BL460c G1 Blade Server 3/3/2009 USE902JW92

HP BL460c G1 Blade Server 3/3/2009 USE902JW94

HP BL460c G1 Blade Server 3/3/2009 USE902JW91

HP BL460c G1 Blade Server 3/3/2009 USE902JW8Y

HP BL460c G1 Blade Server 3/3/2009 USE902JW93

HP BL460c G6 Blade Server 3/9/2010 USE010Y4VT

HP BL460c G6 Blade Server 3/9/2010 USE010Y4VV

HP BL460c G7 Blade Server 2/15/2012 USE207VFH3

HP BL460c G7 Blade Server 2/15/2012 USE207VFH7

HP ProLiant DL380 G5 Server 3/3/2009 USE902N0X7

HP BL460c G1 Blade Server 3/3/2009 USE853JPTX

HP BL460c G1 Blade Server 3/3/2009 USE853JPTV

HP BL460c G1 Blade Server 3/3/2009 USE902JW8W

(35)

35

ATTACHMENT 1 BIDDER’S ACCEPTANCE OF TERMS AND CONDITI0NS

Mark the Appropriate Choice below:

________ Vendor accepts Attachment ____SMC Standard Terms and Conditions, without

exception.

________ Vendor proposes exceptions/modifications to Attachment ______- SMC Standard

Terms and Conditions. Summarize any and all exceptions to Attachment _____ SMC Standard

Terms and Conditions, below. Enclose both (i) a red-lined version of Attachment ____ SMC

Standard Terms and Conditions that clearly shows each proposed exception/modifications, and

(ii) provide a written summary of each change, including the vendor’s rationale for proposing

each such exception/modification.

BY (Authorized Signature)

(36)

36 ADDITIONAL PROVISIONS

ACCEPTANCE PERIOD. Unless otherwise specified herein, proposals are firm for a period of one hundred and twenty – (120) days.

AUTHORIZED SIGNATURES. Every proposal must be signed by the person or persons legally authorized to bind the Bidder’s to a contract for the execution of the work.

RESERVED RIGHTS. SMC reserves the right to:

a.

Reject any or all of the responses to this Invitation for Bid (RFP)

b.

Cancel the entire Invitation for Bid (RFP)

c.

Remedy errors in the responses to the Invitation for Bid (RFP)

d.

Appoint evaluation committee to review responses.

COMPLIANCE WITH LAWS. All proposals shall comply with current SMC Board Policies, federal, state, and other laws relative thereto.

CONTRACT DOCUMENTS, EXAMINATION OF. It is the responsibility of the Bidder’s to thoroughly examine and be familiar with legal and procedural documents, general conditions, all forms, specifications, drawings, plans, and addenda (if any), hereinafter referred to as Contract Documents. The failure or neglect of the Bidder’s to examine the Contract Documents shall in no way relieve him from any obligations with respect to the solicitation or contract. The submission of a proposal shall constitute an acknowledgment upon which SMC may rely that the Bidder’s has thoroughly examined and is familiar with the contract documents.

DISQUALIFICATION OF BIDDER. If there is reason to believe that collusion exists among the Bidder’s, SMC may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work. Bidder’s shall submit as part of their Proposal, a Non-Collusion Affidavit provided herein. (Attachment NCA-1)

IMPROPER ACTIVITY. It is improper and illegal for any SMC officer, employee or agent to solicit or accept consideration, in any form, from a Bidder’s with implication that consideration may secure more favorable treatment for the award of the contract.

EXECUTION OF CONTRACT. Time is of essence. The Successful Bidder’s/Vendor shall execute the contract, including but not limited to signing all necessary documents and submitting all required bonds and evidences of insurance, within ten (10) working days after the notice of contract Board approval. In case of failure of the Vendor to execute and return the contract and all required documents within the time allowed, SMC may, at its option, consider that the Bidder’s has abandoned the contract, in which case the “Performance Bond” shall be forfeited by the Bidder’s and become the property of SMC. One copy of the contract will be returned to the Vendor after the SMC executes the contract.

PRICES. All Bidder’s shall submit the prices on SMC form(s) if provided, and shall be signed by the Bidder’s’ authorized representative.

(37)

37

WORDS WILL GOVERN. Where there is a discrepancy between unit price and extended total, unit price will govern.

BIDDER’S CONTRACTUAL OBLIGATIONS IS BIDDER’S’S SOLE RESPONSIBILITY. SMC will look solely to the Successful Bidder’s for the performance of all contractual obligations which may result from an award based on this RFP.

AFFIRMATIVE OUTREACH. SMC hereby notifies all Bidder’s that it will affirmatively ensure that minority owned, women owned, disabled owned, veteran owned and small business enterprises will be afforded full opportunity and consideration when submitting proposals in response to this invitation and no Bidder’s will be discriminated against on the grounds of race, color, sex, creed, or national origin when reviewing the proposals for award of contract.

TERMS OF THE OFFER. SMC’s acceptance of Bidder’s offer shall be limited to the terms

herein unless expressly agreed in writing by SMC. Proposals offering terms other than those shown herein will be declared non-responsive and will not be considered.

BIDDER’SCKNOWLEDGEMENT OF TERMS AND CONDITIONS: The Bidder’ signature on the cover letter of their proposal verifies that the Bidder’s has read, understands and agrees to the terms and conditions contained herein and on all of the attachments and amendments

(38)

38

ARTICES

ARTICLE 1: CONTRACT DOCUMENTS ORDER OF PRECEDENCE ARTICLE 2: WORK TO BE PERFORMED

ARTICLE 3: PERIOD OF PERFORMANCE ARTICLE 4: DELIVERABLES

ARTICLE 5: LIMITATION OF FUNDS ARTICLE 6: ENTIRE AGREEMENT

(39)

39

SMC hereby contracts with (TBD) (the Contractor) and the Contractor agrees to perform the Work described in the Scope of Work, in accordance with the following articles, special provisions and terms and conditions of the contract.

ARTICLE 1: CONTRACT DOCUMENTS ORDER OF PRECEDENCE

This Contract includes the following Contract Documents and attachments, which are incorporated herein and made a part of this Contract.

Except as otherwise specified herein, in the event of any conflict, the precedence of the Contract Documents shall be as follows:

1. Articles

2. Special Provisions

3. General Terms and Conditions 4. Scope of Work

ARTICLE 2: WORK TO BE PERFORMED (SEE MANDATORY REQUIREMENTS)

.

ARTICLE 3 PERIOD OF PERFORMANCE

The Effective Date of this Contract is (TBF). Contractor shall perform and complete all Work under the Contract by as specified unless this Contract is terminated earlier or extended by SMC, in writing.

ARTICLE 4: DELIVERABLES (See Schedule)

CONTRACT DELIVERABLE DUE DATE

SEE SCOPE OF WORK DATA CENTER REFRESH APRIL 2016

ARTICLE 5: LIMITATION OF FUNDS

Funding for SMC is based upon the ability of appropriated State of California funds as determined by the SMC fiscal budget and approved by the Board of Trustees, which runs from July1, through June 30 of each fiscal year. No legal liability for continuing to provide the referenced service by SMC shall arise until funds are approved by the SMC Board and made available. If funding is not approved for any subsequent year during which this Contract is in effect, you will be notified to stop work, and comply with the Stop Work Provision of this contract.

ARTICLE 6: ENTIRE AGREEMENT: CONTRACT NO. (TBD)

The Contract, and any attachments or documents incorporated herein by inclusion or by reference, constitutes the complete and entire agreement between SMC and Contractor and supersedes any prior representations, understandings, communications, agreements or proposals, oral or written.

(40)

40

GENERAL TERMS AND CONDITIONS

TC-1 INDEPENDENT CONTRACTOR TC-2 INTENTIONALLY LEFT BLANK TC-3 STANDARD OF PERFORAMNCE

TC-4 INSPECTION OF WORK, ACCEPTANCE

TC-5 WARRANTY

TC-6 FORCE MAJEURE

TC-7 CONTRACT MODIFICATION (Change) TC-8 RECORDS AND AUDITS

TC-9 DISPUTES

TC-10 CONTRACT TERMINATIONS TC-11 INTENTIONALLY LEFT BLANK TC-12 SEVERABILITY

TC-13 GOVERNING LAW TC-14 PUBLIC RECORDS ACT TC-15 INDEMNIFICATION

TC-16 RIGHTS IN DATA/COPYRIGHT TC-17 ROYALTY FREE LICENSE

TC-18 DELIVERY INSURANCE AND TITLE TC-19 WAIVER

TC-20 CONFIDENTIALITY TC-21 ASSIGNMENT TC-22 SAFETY

(41)

41 TC-1 INDEPENDENT CONTRACTOR

In performing work under this Contract, Contractor will be acting as an independent contractor and not as an agent or employee of SMC. Contractor will have no authority to contract in the name of SMC and Contractor will be responsible for its own acts and t hose of its agents and employees.

TC-2 BLANK INTENTIONALLY (place holder)

TC-3 STANDARD OF PERFORMANCE

The Contractor shall perform and require its Subcontractors to perform the Work in accordance with the requirements of this Contract and in accordance with professional standards of skill, safety, and diligence adhered to by firms performing Work of a similar nature. It is understood that SMC will be relying upon “Industry Standards of Performance” for purposes of this contract TC-4 INSPECTION OF WORK, ACCEPTANCE

A. SMC reserves the right to inspect all and every part of the Work at any time during the performance and after completion, at its discretion. SMC shall not be obligated to make any inspections, however, and neither the inspection of the Work, nor the lack thereof, shall relieve the Contractor of its responsibility for performing and providing the Work in accordance with the terms of this Contract.

B. SMC shall not be deemed to have accepted the Contractor’s performance of the Work unless SMC or its designated representative has given written notice of final acceptance of the Work to the Contractor. No payment in whole or in part shall be construed to be an acceptance of the Work.

C. When the Contractor determines that all Work as authorized in this Contract is fully completed including all required submissions, SMC will commence a final review of the Work and, within 30 days will either:

1. Give the Contractor a final Contract Acceptance; or

2. Advise the Contractor in writing of any outstanding items which must be completed or corrected.

3. Notwithstanding the final Contract Acceptance the Contractor will not be relieved of its obligations hereunder, shall remain obligated under all those provisions of this Contract which expressly or by their nature extend beyond and survive final Contract Acceptance.

TC-5 WARRANTY

The Contractor warrants that all Work shall be in accordance with this Contract and shall comply with the Industry Standard of Performance, for the entire contract service period.

1. Assignment of Warranties. To the extent that third party manufactures have provided the bidder with any warranties or made other commitments regarding the equipment, products or goods that bidder has included in its bid to SMC, bidder will pass through and assign to SMC any and all such manufacturers’ warranties and other commitments, and/or take such action as may be necessary to ensure that SMC is entitled in full to all such manufacturer’s warranties and obligations.

2. Unless otherwise specified by the bidder in its bid response, the warranties specified hereunder shall begin upon SMC acceptance, in writing, of the deliverable or service in question.

3. Bidder represents and warrants that it is a duly authorized value added reseller of the equipment, software and services specified by SMC and that it has a value added

(42)

42

reseller’s agreement currently in force with each and every applicable company or manufacturer under which the bidder is authorized to make the commitments made in the Purchase Order

4. Bidder warrants that it will arrange with the manufacturers for a direct or sublicense for any operating systems software, general utilities, or applications software included with the goods.

5. Bidder warrants that any and all software required hereunder will perform in accordance with its license and any accompanying documentation.

6. Bidder warrants that all deliverables (including software) furnished hereunder (i) will be free at the time of delivery, of harmful code (i.e. computer viruses, worms, trap doors, time bombs, disabling code, or any similar mechanism designed to interfere with the intended operation of, or cause damage to, computers, data, or software; and (ii) will not violate any U.S. Intellectual property right.

7. Service Warranties- In connection with installation and configuration of the Equipment, the bidder warrants and represents that it and any and all of its authorized agent(s) possess such expertise, experience and resources to perform the installation services in a diligent, timely and professional manner consistent with the highest standards of the industry. The bidder also warrants that installation and configuration of any related components will not alter or damage SMC’s existing computer network or systems.

TC-6 FORCE MAJEURE

Events constituting Force Majeure hereunder are limited to events, the effect of which could not have been avoided by due diligence and reasonable efforts of the Contractor. Force Majeure events include natural disasters, wars, riots, civil disorders, sabotage, strikes, labor disputes, freight embargos and severe weather conditions.

TC-7 CONTRACT MODIFICATIONS (CHANGE)

SMC may, from time to time, order additional work, make changes in the Scope of Work through a written Contract Modification. Contract Modifications are defined as changes to the contract; modifications; which are not contained in original Contract and determined by SMC to be necessary.

If any Contract modifications under the contract causes an increase or decrease in the Contractor’s cost of, or the time required for the performance of any part of the Work, an equitable adjustment in the compensation and or schedule will be negotiated, and shall be incorporated into this Contract in writing and signed by both contractor and SMC.

TC-8 RECORDS AND AUDITS

The Contractor shall maintain cost records in a generally recognized accounting basis, and the Contractor shall permit the authorized representatives of SMC, and any other government agency, to inspect, audit and copy all records relating to it and its Subcontractor’s performance under this contract, for up to three (3) years after contract completion.

TC-9 DISPUTES

A. Performance During Dispute: Unless otherwise directed by SMC the Contractor shall continue performance under this Contract while matters in dispute are being resolved. B. Resolution of Disputes: The Parties shall use their best efforts to resolve disputes

under this Contract. If a dispute cannot be resolved at the administrative level, the Parties mutually agree to binding arbitration, under jurisdiction in the State of California,

(43)

43 County of Los Angeles.

C. Remedies: The duties and obligations imposed by this Contract and the rights and remedies available there under shall be in addition to and not a limitation of any duties obligation, rights and remedies otherwise imposed or available by law.

TC-10 CONTRACT TERMINATIONS

A. Termination for Convenience- SMC may, by written notice to the Contractor, terminate this Contract in whole or in part at any time, for SMC’s convenience. Upon receipt of a Termination for Convenience Notice, the Contractor shall, to the extent specified in the notice;

1. Deliver to SMC all data, software, drawings, specifications, reports, estimates, summaries and such other information and material as may have been prepared or developed by the Contractor, or its sub- Contractors in performance under this Contract.

2. Protect and preserve any SMC property which remains in its possession Contractor shall submit its Final invoice, if any, within 30 days after the effective date of the Termination for Convenience. SMC and Contractor shall negotiate and reach agreement on the amount to be paid based upon the terms of the Contract. Under no circumstances shall the Contractor be entitled to anticipatory or unearned profits or consequential damages as a result of a Termination for Convenience.

B. Termination for Default- SMC may be written notice terminate the Contract for failure of the Contractor to perform any obligation or comply with any requirement of this Contract. SMC’s right to terminate this contract may be exercised if the Contractor does not cure a failure, as determined by SMC, within 5 days after receipt of a “Notice to Cure”. If SMC terminates this contract in whole or in part, the Contractor will be liable to SMC for “Excess Cost” for the contracted supplies or services.

The Contractor shall not be liable for any Excess Cost if failure to perform the Contract arises from causes beyond the control and without fault or negligence of the Contractor.

TC-11 INTENTIALLY BLANK (place holder)

TC-12 SEVERABILITY

In the event any section and/or sentences contained in the Contract shall be illegal, unconstitutional, or otherwise unenforceable, such determination, shall in no matter affect the other sections and/or sentences of the Contract.

TC-13 GOVERNING LAW

By entering into this Contract, both parties shall be subject to the Laws of the State of California, County of Los Angeles, over any action at law, suit in equity, and/or other proceeding that may arise out of this Contract.

TC-14 PUBLIC RECORDS ACT

All records, documents, drawings, plans, specifications, and all other information relating to the conduct of SMC’s business, including information submitted by the Contractor, shall become the exclusive property of SMC and shall be deemed public records.

In the event of litigation concerning the disclosure of any information Contractor shall indemnify and hold SMC harmless from all costs and expenses including attorney’s fees in connection

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○ If BP elevated, think primary aldosteronism, Cushing’s, renal artery stenosis, ○ If BP normal, think hypomagnesemia, severe hypoK, Bartter’s, NaHCO3,

2) Rotate manual shift lever back toward rear of vehicle 2 notches to Neutral position. Ensure gearshift is in Neutral. While holding manual shift lever lightly toward the

An analysis of the economic contribution of the software industry examined the effect of software activity on the Lebanese economy by measuring it in terms of output and value

The workflow of the complete process is shown in Figure 1, starting with the metabolic labeling of the samples, combining and digesting them, followed by the LC-MS analysis