16-7124C3R2 METROPOLITAN COMMUNITY COLLEGE

METROPOLITAN COMMUNITY COLLEGE

3200 BROADWAY – KANSAS CITY, MISSOURI 64111

(816) 604 ‐ 1100 / purchasing.info@mcckc.edu

BID NUMBER

INQUIRY FOR PRICE – NOT AN ORDER

16-7124C3R2

February 24, 2016

An Equal Opportunity Employer

DATE

Metropolitan Community College (MCC), a public community college district and political subdivision of the State of Missouri, extends an invitation to qualified providers with the necessary resources and experience to submit proposals.

Quotations are requested on the following list of materials, articles or products for delivery to the College or Department designated, subject to the conditions of the inquiry.

1. Submit one copy of proposal, and an electronic copy, in a sealed envelope marked "Quotation on Bid Number (As Shown)".

2. Prices must be stated in units of quantity specified and extended in total column.

3. Proposals, to receive consideration, must be received prior to time designated in this inquiry.

4. The Board of Trustees reserves the right to waive defects and informalities in proposals, to reject any or all proposals, or to accept any proposals as may be deemed to its interest, and to award by item, combination of items or lot.

5. MO SALES AND USE TAX not applicable to any purchase. Exemption certificate furnished as required.

6. Any bid may be withdrawn at any time prior to that specified herein for the opening of bids, but no bid may be withdrawn for a period of sixty (60) days thereafter. and performance required, and shall not be construed to exclude proposals based on furnishing other types of materials or products. However, any substitution or departure proposed by bidder must be clearly noted and described and must meet the prescribed specifications as to standard of quality, general design and performance required.

8. Prices quoted, unless otherwise stated by bidder, are to include any packing, crates, containers, etc., necessary to complete delivery as designated herein.

9. It is to be understood the bidder, if awarded an order or contract agrees to protect, defend and save harmless the Board of Trustees from any suits or demands for payment that may be brought against it for the use of any patented material, process, article or device that may enter into the manufacture, construction or form a part of the work covered by either order or contract; and he further agrees to indemnify and save harmless the Board of Trustees from suits or actions of every nature and description brought against it for, or on account of any injuries or damages received or sustained by any party or parties by, or from any of the acts of the contractor, his servants or agents.

10. A 5% preference shall be granted to all firms, corporations, or individuals doing business as a Missouri firm, corporation or individual on all orders or contracts other than new construction, provided the additional cost to the District does not exceed $500.

11. Information pertaining to any item of this request may be obtained by submitting a request via email to Purchasing.Info@mcckc.edu

.

12. The terms bidder(s), vendor(s), and contractor(s) shall have the same meaning herein.

13. If an award will exceed $5,000, bidder shall execute and submit an affidavit prescribed by MCC affirming it does not knowingly employ any person who does not have legal authorization to work in the United States.

Closing Time of Bids: 11:30AM. on 3/8/16

Bid request per attached specifications for:

Diane Pacheco

Purchasing Manager

Sealed Bid No. 16-7124-C3R2– Microsoft Campus License Renewal

And submitted in a sealed envelope, with an electronic copy, addressed to:

Kansas City, MO 64111

Prices are to be quoted F.O.B College or Department designated.

Terms: % cash discount if paid within days from delivery and acceptance of goods.

Delivery to destination specified within inquiry, to be completed within days from receipt of order.

Note: Delivery time may be a factor in determining award.

THIS CERTIFICATE MUST BE EXECUTED BY BIDDER

In compliance with the above invitation for bids, and subject to all of the conditions thereof, the undersigned agrees, if this bid be accepted within sixty (60) days, to furnish any or all of the items upon which prices are quoted in accordance with the price for each item.

Printed Name of Company Signature

Company Mailing Address Printed Name

City/State/Zip Title

/

Email Address Phone Number/Fax Number

Bid Request No. 16‐7124‐C3R2

Microsoft Campus License Renewal

Metropolitan Community College Page 2

February 24, 2016

Bid Specifications

Metropolitan Community College (MCC), a public community college district and political subdivision of the

State of Missouri located in Kansas City, Missouri, extends an invitation to qualified providers with the necessary resources and experience to submit proposals to provide Microsoft Campus License Renewal. This contract is to cover a three-year period with the possibility of two one-year extensions for a total of up to five years Current licensing agreement: Campus 3 01C32343.

The successful bidder will provide MCC with all contract paperwork filled out with all associated Microsoft license calculations completed and ready for submission.

The successful bidder will provide all final fee totals and a “per desktop” price for MCC’s EES license agreement.

The license agreement will be for faculty and staff only. It will not include the student option.

The following constitutes the necessary information to calculate the Microsoft EES Agreement:

MCC has 236 full-time faculty

MCC has 468 part-time faculty

MCC has 597 full-time staff, contract trainers and administrators

MCC has 508 part-time/student workers

Total FTE employees = 1242

Those submitting bids will document the software included in the Microsoft EES Agreement. The software covered by this agreement will include:

Item

Number Item Name Part Number

EES-2UJ-00003 1 EES Dsktp Campus ALNG LicSAPk MVL EntCAL (qty 1242)

2

3

EES Win Rmt Dsktp Svc CAL ALNG LicSAPk MVL Dvc CAL

(qty 1242)

EES Prject Pro ALNG LicSAPk MVL wPrjctSvrCAL (qty 1242)

4

5

VisioPro ALNG LicSAPk MVL (qty 1242)

EES Prject Svr ALNG LicSAPk MVL (Quantity of 1)

6

7

EES WinSvr DtaCtr ALNG LicSAPk MVL 2 Proc (qty 58)

EES SysCtrDatactr ALNG LicSAPk MVL 2Proc (qty 55)

8

9

EES Microsoft Off365PA2 ShrdSvr ALNG SubsVL MVL PerUsr

– FACULTY (qty 7000)

SEES-Microsoft Off365PA2 ShrdSvr ALNG SubsVL MVL

PerUsr – Student. (qty 70,000)

10

EES VsProwMSDN ALNG LicSAPk MVL (qty 100)

MCC will require both PC and Apple version licenses.

EES-6VC-01251

EES-H30-00237

EES-D87-01057

EESH22-00479

EES-P71-07280

EES-T6L-00237

EES-M6K-00001

SEES-M6K-00001

EES-77D-00110

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February 24, 2016

General Information and Requirements

In the event that it becomes necessary to revise this Bid Request in whole or in part, an addendum will be provided to all vendors on record as having an interest. (see “Acknowledgement of Receipt” on the page 6 of this document)

MCC will not be liable for any costs that vendors may incur in the preparation or presentation of their proposal.

Proposals must be dated and signed by an official authorized to bind the vendor to its provisions. Proposals must remain in force for at least sixty (60) days from the date for submission of proposals.

Notice to Bidders

If prices quoted are different than acceptable manufacturers, submit descriptive literature and detailed specifications.

Term or Pricing

This bid is for a pricing commitment for 3 years from April 1, 2016 through March 31, 2019, with the possibility of extensions through March 24, 2021. The College will issue purchase order for each year during the contract period(s).

Invoices

The vendor shall submit invoices by email to: purchasing.info@mcckc.edu for items delivered. Invoices must be accurate and reflect current Bid Award pricing and specific P.O. number. (Inaccurate invoices may not be paid until corrected invoices or credit memos are received.) Payments by MCC to the vendor for items delivered shall be made in accordance with MCC's regular payment terms of net 30 days. Please provide any early payment discount available.

Response/Award Criteria

Each provider shall complete and include the following documents: 1) Bid Response Form, 2) Product

Warranty and Return Policy Information, 3) M/WBE Participation Form, and any other included forms.

Deliver/send all documents to: Purchasing Manager, MCC – Administrative Center, 3200 Broadway Blvd.,

Kansas City, MO 64111 along with an electronic copy in a sealed envelope marked on the outside with the Bid

Number and date and time of opening (Tuesday, March 8, 2016 at 11:30 am.).

Questions

No communication will take place between vendors and MCC during the bid process, except in writing.

Questions regarding the bid should be emailed to the Purchasing Department at Purchasing.Info@mcckc.edu, and must be received by noon, March 2, 2016.

Return the attached Acknowledgement of Receipt (last page of this document) to receive updates. It is important to note, however, that it remains the responsibility of the respondent to determine if any addenda have been issued and to obtain those addenda prior to submitting their proposal.

Missouri Preference

A 5% preference shall be granted to all firms, corporations or individuals doing business as a Missouri firm, corporation or individual provided the additional cost to the District does not exceed $500.

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February 24, 2016

Disclosure of Proprietary Information

A Contractor may restrict the disclosure of software codes, records relating to the configuration of computer components and/or the operation thereof, and intellectual property in which it has a proprietary interest but only if such information is defined as a "closed" record under Missouri law, including, but not limited to, one or more subsections of Section 610-021, R.S.Mo. In order for any such information or record to be closed, each page of each such document must include in at least sixteen (16) point bold font the words “Proprietary Information.”

After either a contract is executed pursuant to the BID or all proposals are rejected, if access to documents so marked is requested under the Missouri Sunshine Law, MCC will notify the Contractor(s) of the request, and it shall be the burden of each Contractor to establish that the Contractor's documents are exempt from disclosure by law as aforesaid. If the Contractor shall not cooperate with MCC after notice as provided herein,

MCC may, in its sole discretion, disclose the Contractor's documents/records/information to the requester without liability to the Contractor for any such disclosure under any theory of common or statutory law.

Notwithstanding the foregoing, in response to a formal request for information, MCC reserves the right to release any documents, records and/or information which MCC.

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Metropolitan Community College

FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM

Page 5

February 24, 2016

For Contracts with The Junior College District of Metropolitan Kansas City, Missouri aka Metropolitan

Community College, a public community college district and political subdivision of the State of Missouri

(“MCC”).

Pursuant to Missouri Revised Statute 285.530, all business entities awarded any contract in excess of five thousand dollars ($5,000) with a Missouri political subdivision must, as a condition to the award of any such contract, be enrolled and participate in a federal work authorization program with respect to the employees working in connection with the contracted services being provided, or to be provided, to MCC (to the extent allowed by E-Verify). In addition, the business entity must affirm the same through sworn affidavit and provision of documentation. In addition, the business entity must sign an affidavit that it does not knowingly employ any person who is an unauthorized alien in in connection with the services being provided, or to be provided, to MCC.

Accordingly, your company:

(a) Agrees to have an authorized person execute the attached “Federal Work Authorization Program

Affidavit” and deliver the same to MCC prior to or contemporaneously with the execution of its contract with MCC;

(b) Affirms it is enrolled in the “E-Verify” work authorization program in the United States, and is participating in E-Verify with respect to your employees working in connection with the services being provided (to the extent allowed by E-Verify), or to be provided;

(c) Affirms that it is not knowingly employing any person who is an unauthorized alien in connection with

(d) the services being provided, or to be provided, by your company to the district.

Affirms you will notify MCC if you cease participation in E-Verify, or if there is any action, claim or complaint made against you alleging any violation of Missouri Revised Statue 285.530, or any regulations issued thereto;

(e) Agrees to provide documentation of your participation in E-Verify to MCC prior to or contemporaneously with the execution of its contract with MCC (or at any time thereafter upon request by MCC), by providing to MCC an E-Verify screen print out (or equivalent documentation) confirming your participation in E-Verify;

(f) Agrees to comply with any state or federal regulations or rules that may be issued subsequent to this addendum that relate to Missouri Revised Statute 285.530; and

(g) Agrees that any failure by your company to abide by the requirements a) through f) above will be considered a material breach of your contract with MCC.

By: ___________________________________ (signature)

Printed Name and Title: ____________________________________________

For and on behalf of: ________________________________ (Company)

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FEDERAL WORK AUTHORIZATION PROGRAM AFFIDAVIT

Page 6

February 24, 2016

I , ___________________, being of legal age and having been duly sworn upon my oath, state the following facts are true: herein.

1. I am more than twenty-one years of age; and have first-hand knowledge of the matters setforth

2. I am employed by _______________________________(“Company”) and have authority to issue this affidavit on its behalf.

3. Company is enrolled in and participating in the United States E-Verify federal work authorization program with respect to Company’s employees working in connection with the services Company is providing to, or will provide to MCC, to the extent allowed by E-Verify.

4. Company does not knowingly employ any person who is an unauthorized alien in connection with the services Company is providing to, or will provide to, the MCC.

FURTHER AFFIANT SAYETH NOT.

Print Name/Title: ___________________________________

On Behalf of: _____________________________ (Company)

) ss.

Submitted and sworn to before me this ____ day of _______, 201___.

__________________________________

Notary Public

__________________________________

Print Notary Name

My commission expires:

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General Terms and Conditions


February 24, 2016

1. Contract Documents. This Bid Request, these General Terms and Conditions, Contractor’s

Response Form, including without limitation any completed forms required by Contractor under the Bid

Request, and MCC’s Notice of Award letter shall form a binding agreement and shall be made a part of any

Agreement (“Agreement” or “Contract”) executed between MCC and the winning Contractor regarding the subject matter herein.

2. Governing Law.

Any Contract issued as a result of this Bid Request shall be constructed in accordance with the laws of the state of Missouri.

3. Sovereign Immunity. MCC, due to its status as a political subdivision of the state of Missouri and its entitlement to sovereign immunity, is unable to accept contract provisions that require the indemnification of others. Any indemnity language in proposed terms and conditions will be modified to conform to language acceptable to MCC.

4. Compensation.

4.1. Fees.

Unless otherwise stated in the Bid Request, MCC agrees to pay all undisputed amounts within thirty (30) days of receipt of a properly itemized invoice. The Contractor agrees that no other payment of any kind shall be due for services provided hereunder. Any services that cause

Contractor to so exceed this amount without a proper contract amendment or addendum shall be performed at Contractor’s sole risk and liability and MCC shall have no obligations therefore.

4.2. Performance . No payment made under any Agreement shall be proof of satisfactory performance of the Agreement, either in whole or in part, and no payment shall be construed as acceptance of deficient or unsatisfactory service.

5. Rules and Regulations.

Contractor covenants and agrees that Contractor shall observe all

MCC policies and procedures, as well as all rules, regulations, and security requirements concerning the safety of persons and property.

6. Non-Discrimination.

MCC is an equal opportunity/affirmative action employer. If applicable,

Contractor, in performing the work required by the Agreement, agrees to comply with the applicable provision of Executive Order 11246 issued by the President of the United States, September 24, 1965, and the applicable provisions of the Vietnam Era Veterans Readjustment Assistance Act of 1974 and the Rehabilitation

Act of 1974, all as amended, and to comply with the Rules and Regulations issued thereunder, as set forth at

41 CFR § 10.1-4(a), and 41 CFR § 60-250. Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, age, sex, sexual orientation, gender identity, disability, national origin, veteran status or any other status protected by applicable law. This Contractor and subcontractor shall also abide by the requirements of 41 CFR § 60-300.5(a), and 41 CFR § 60-741.5(a).

These regulations prohibit discrimination against qualified protected veterans and qualified individuals on the basis of disability and require affirmative action by covered prime contractors and subcontractors to employ and advance in employment qualified protected veterans and individuals with disabilities.

7. Compliance with Laws.

Contractor represents and warrants that Contractor shall observe, perform, and comply with all federal, state, and local laws, ordinances, rules, regulations, and all amendments thereto which in any manner may affect the operations and activities undertaken by Contractor pursuant to the

Agreement.

8. Employee Eligibility Verification.

If a contract will exceed $5,000, Bidder shall execute and submit an affidavit, in a form prescribed by MCC and included in this Bid Request, affirming that Bidder does not knowingly employ any person in connection with the contracted services who does not have the legal right or authorization under federal law to work in the United States as defined in 8 U.S.C. §1324a(h)(3). Bidder

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February 24, 2016 shall attach to the affidavit documentation sufficient to establish Bidder’s enrollment and participation in an electronic verification of work program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration and Reform and Control Act of 1986.

Bidder may obtain additional information about E-Verify and enroll at https://everify.uscis.gov/enroll/StartPage.aspx?JS=YES .

9. No Debarment.

Contractor represents that it is not debarred or suspended from doing business with the federal government and/or any state government, and shall notify MCC if it becomes debarred or suspended during the Term of the Agreement.

10. Immigration Law Compliance. Contractor certifies and agrees that: i. Contractor does not knowingly or intentionally employ individuals who are ineligible to work in the United States in violation of any federal or applicable state or local laws; ii. Any Contractor employee assigned to perform services under this Agreement has satisfied federal I-9 requirements and, to the best of Contractor's knowledge is lawfully present in the United States; iii. Contractor does not have any knowledge that any Contractor employee assigned to perform services under this Agreement is ineligible to work in the United States; iv. Contractor is enrolled in and participates in a federal work authorization program as required by Missouri law, RSMo 295.525 and .530; v. Contractor will immediately notify Owner of any investigation or legal proceeding involving the federal or state government or of any requests by the U.S. Immigration and

Customs Enforcement to inspect Contractor's I-9 or other employment records; vi. Contractor agrees to indemnify Owner for any fines, legal fees, or other costs incurred because of investigations into the status of Contractor's employees or whether

Contractor's employees are authorized to work in the United States; and vii. Contractor agrees to complete and return with Contractors Bid Response a Federal

Work Authorization Program (“E-Verify”), and Affidavit.

11. Termination.

Should MCC become dissatisfied with the Contractor’s products and/or services,

MCC shall give notice to the Contractor and Contractor shall have (10) days to remedy the issue(s). Should

Contractor not satisfactorily remedy the issue(s), MCC shall issue a letter to terminate the Agreement. Said letter will provide the effective date of termination but in no case will the effective date of termination be less than thirty (30) days. The MCC reserves the right to terminate the Agreement without cause by giving the

Contractor written notice of its intent to terminate at least thirty (30) days before the termination date set out in the notice. In the event of such termination, MCC shall only be liable for payment of services delivered prior to the termination date.

12. Appropriations.

MCC is a political subdivision of the state of Missouri and as such cannot create indebtedness in any one year above what it can pay out of the annual income of said year. Should

MCC determine it has not received adequate appropriations budget allocations income to enable it to meet the terms of this Contract, MCC reserves the right to cancel this Contract with a 30 days’ notice. Multi-year term and supply contracts and leases and the exercise of options to renew are subject to annual appropriations.

13. Confidential Information.

As used herein, "Confidential Information" will mean any ideas, strategies, plans, purposes, and/or agendas that MCC may seek to advance, any reports and information generated by Contractor, and educational and/or other confidential information related to students

(Information). Both during the term of the Agreement and thereafter, Contractor covenants and agrees (i) to hold such information in trust and confidence and to exercise diligence in protecting and safeguarding such information, as well as any other information protected from public disclosure by federal or state law or by the policies or procedures of MCC, (ii) that Contractor will not knowingly use the Information, directly or indirectly, for Contractor’s own benefit, or for the benefit of another, but instead will use such information only for the purposes contemplated hereunder, (iii) that Contractor will not disclose any confidential information to any third party, except as may be required in the course of performing services for MCC hereunder or by law, (iv) that

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February 24, 2016 access to the education records of any student shall be in compliance with the Family Educational Rights and

Privacy Act, and (v) that Contractor not be deemed a spokesperson for MCC in any manner for the purpose of disseminating any information hereunder, excepting such information that is related to the Purpose and content and format for dissemination of such information is mutually agreed to by the parties. Notwithstanding the foregoing, Contractor's obligations of confidentiality will not include information that (i) at the time of disclosure was in the public domain, (ii) after such disclosure, immediately becomes generally available to the public other than through any act or omission of Contractor, and (iii) is required to be disclosed by a court of competent jurisdiction, provided that prior written notice of such disclosure is furnished to MCC in a timely manner in order to afford MCC the opportunity to seek a protective order against such disclosure and the disclosure is strictly limited to the information that the court requires. After expiration or termination of the Agreement, Contractor must return all confidential information given to or generated by him hereunder within five (5) days of MCC's written request. Contractor agrees that Contractor will comply with MCC's instructions regarding the return or disposition of its confidential information, including any copies or reproductions.

14. Remedies for Disclosure.

Contractor understands and agrees that any unauthorized disclosure or use of any confidential information as provided under this article may result in MCC seeking injunctive relief. Contractor agrees to give prompt notice to MCC of any unauthorized disclosure, use, or misappropriation of any confidential information and take all steps as requested by MCC to limit, stop, or otherwise remedy the disclosure, use, or misappropriation of any confidential information. All steps taken by

Contractor relating to remedy shall be at its sole expense.

15. Warranty. The Contractor expressly warrants that all equipment, products, materials, supplies and/or services provided shall: a) based on a manner consistent with the highest degree of care, diligence, and skill; b) conform to each and every specification, drawing, sample or other description furnished to or adopted by MCC; c) be fit and sufficient for the purpose expressed in the BID; d) be merchantable; e) be of good materials and workmanship; and f) be free from defect for a period of one year after acceptance of each project. If software is applicable to BID specifications, Contractor represents and warrants that, upon delivery and installation of the Software and for the duration of the Agreement, the Software shall conform in all material respects to the applicable Specifications. Contractor represents and warrants that the Documentation furnished by Contractor to MCC will include complete, accurate and current descriptions of the Software’s functionality, features, terminology and operation as well as formats, tables and dictionaries for data and files necessary for the Software’s operation, and training as provided for herein. Contractor represents and warrants that it has full power and authority to grant the rights granted to MCC with respect to the Products without the consent of any third party or such consent has been obtained and that the Products furnished hereunder will not infringe or violate any copyright, trade secret, trademark, patent or other intellectual property rights of any third party; and there is no litigation pending against Licensor or its licensors which would limit, restrict or prevent MCC’s use of the Products. Contractor’s obligation and liability, and MCC’s remedy, with respect to any breach of the foregoing warranty shall be for Contractor to provide at no charge to MCC the services required to make the Software operate as warranted; however, if in Contractor’s reasonable judgment, repair or replacement is not possible or practicable, Contractor shall refund to MCC the total amount of fees paid for the Software and related Professional Services under the Agreement.

16. Inventions, Patents, and Copyrights.

The Contractor shall pay for all royalties, license fees, patent or invention rights, or copyrights and defend all suits or claims for infringements of any patent or invention rights, or copyrights involved in the items furnished hereunder. The Contractor shall defend, protect, and hold harmless MCC, its officers, agents, servants, and employees against all suits of law or in equity resulting from patent and or copyright infringement concerning the contractor’s performance or products produced under the terms of the contract. Copyrights for any item developed for MCC shall be the property of

MCC and inure to its benefit and the Contractor shall execute such documents as MCC may require for the perfection thereof.

17. Liability Requirements.

17.1. Insurance. Contractor agrees to maintain the following insurance throughout the term of the Agreement: a) workers’ compensation and employer’s liability for its employees in amounts as

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February 24, 2016 required by Missouri law; b) automobile insurance, to include uninsured and underinsured motorists, in the minimum amounts of $1,000,000 per occurrence and $2,000,000 in the aggregate; and c) general liability in the amounts of $1,000,000 per occurrence and $2,000,000 in the aggregate, which shall include students, participants, volunteers, property damage, and contractually assumed liability and name MCC as an additional insured. Upon the execution of the Agreement, Contractor agrees to provide MCC proof of insurance which shall include the stipulations hereunder and state that such coverage will not be cancelled without thirty (30) days written notice. Failure to so provide or maintain any insurance as requested hereunder will not relieve it of any contractual obligation or responsibility herein. officers, employees, agents, and representatives harmless against any and all claims, demands, suits, costs, judgments, or other forms of liability, actual or claimed, including reasonable attorneys’ fees, for injury or damage to persons or loss or damage to property occurring or allegedly occurring in connection with any action, inaction, or conduct committed by Contractor or by Contractor’s officers, directors, employees, students, volunteers, agents, or representatives during the term of the

Agreement.

17.3. No The foregoing provisions shall not be deemed a relinquishment or waiver of any kind of applicable limitations of liability provided or available to MCC under applicable Missouri governmental immunities law.

18. Tobacco-Free Policy.

Contractor agrees to strictly abide by MCC’s tobacco-free policy, meaning all types of smoking and smokeless tobacco products are prohibited. At all times, MCC shall have the right to enforce such policy pursuant to the terms of the Agreement and under law.

19. Powers and Authority. Neither party may sign any document, perform any act, or make any commitment nor undertaking on behalf of the other party without such other party’s express written consent.

20. Successors and Assignments.

The Agreement shall not be assigned by either party without the prior written consent of the other party and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Agreement.

21. Assignment of Services.

It is understood the Contractor shall not assign or subcontract the services in the Agreement without the written consent of MCC, and subject to MCC’s approval of said subcontractor’s expertise to complete the assigned portion of the services. Contractor agrees to indemnify

MCC for any costs and/or expenses, in whole or in part, that are due any subcontractors or suppliers for services provided under the Agreement.

22. Independent Contractor.

The parties agree the terms of the Agreement do not constitute a formation of a partnership, joint venture, employer-employee, or other relationship and no form of agency exist between the parties. The Contractor represents and warrants that it is now and shall remain a separate and independent entity from MCC. Accordingly, no employee, contractor, subcontractor, supplier, agent, or representative of Contractor shall be deemed to be the employee, contractor, subcontractor, supplier agent, or representative of MCC. Contractor shall have on file with MCC prior to services being performed a Request for

Taxpayer Identification Number and Certification form (W-9). Contractor shall be solely responsible for any acts or omissions of its employees, as well as payment of all invoice tax, FICA, FUTA, and other tax liabilities for said employees, and agrees to indemnify MCC in accordance with the indemnification provisions under the

Agreement.

23. Force Majeure. Neither party shall be liable for damages or have the right to terminate the

Agreement for any delay or default in performance if the delay or default is due to conditions beyond their control. Such conditions include, but are not limited to, an act of God, government restriction, or any other

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February 24, 2016 cause beyond the reasonable control of the party obligated to perform and which cannot be overcome by reasonable diligence and without unusual expense.

24. Severability. If for any reason, any term, covenant, or condition hereof shall be determined to be invalid or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall not be affected thereby.

25. Survival.

All representations, warranties, and indemnifications made herein shall survive termination or cancellation of the Agreement.

26. No Third Party Beneficiary Rights.

No third party may enforce or rely upon any obligation of, or the exercise of or failure to exercise any right of, MCC or Contractor in the Agreement. Nothing in the

Agreement, whether express or implied, is intended to create any rights or remedies on any third party beneficiary.

27. Remedies.

All rights and remedies of the parties, in law or equity, are cumulative and may be exercised concurrently or separately. The exercise of one (1) remedy will not be an election of that remedy to the exclusion of other remedies.

28. Non-Waivers. No delay or omission by the parties in exercising any right under the Agreement shall operate as a waiver of that or any other right. A waiver or consent given by a party on any one occasion shall be effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.

29. Entire Agreement. The Contract Documents constitute the entire agreement and understanding between the parties and supersedes all offers, negotiations, discussions, and other agreements, with respect to the subject herein, and may not be amended except by the mutual written agreement of the parties.

Minority and Women Business Enterprise Participation

It is the practice of Metropolitan Community College (MCC) to ensure full and equitable economic opportunities to persons and businesses that compete for business with the College, including Minority and Women

Business Enterprises (M/WBEs).

MCC encourages M/WBE participation in contracts for goods and services by firms that are certified. MCC accepts certifications provided by those entities identified on the page in this document titled “Certifying

M/WBE Agencies”. This may either be by the primary supplier/contractor being a certified M/WBE or by the utilization of qualified subcontractors, suppliers, joint ventures or other arrangements that afford meaningful opportunities for M/WBE participation. Work performed by M/WBEs must provide a commercially useful function related to the delivery of the service/product required herein. Second tier participation where suppliers generally provide supplies to a corporation but that are not directly related to this contract does not qualify as meaningful participation. MCC will consider certifications from agencies not located in Missouri for M/WBEs not located in Missouri with the approval of the Purchasing Manager.

M/WBE means a business that is a sole proprietorship, partnership, joint venture or corporation in which at least fifty-one percent (51%) of the ownership interest is held by minorities or women and the management and daily business operations of which are controlled by one or more minorities or women who own it. Minority is defined as belonging to one of the following racial minority groups: African Americans, Native Americans,

Hispanic Americans, Asian Americans, American Indians, Eskimos, Aleuts and other groups that may be recognized by the Office of Advocacy, United States Small Business Administration.

Bidders must indicate their MBE and WBE participation levels committed to this project on the “M/WBE

Participation Form” included in this document. The names and percent participation of each MBE and WBE should also be provided on this form.

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February 24, 2016

The contractor/supplier shall provide annual reports (or more frequently if requested) of the financial participation of M/WBEs. The report shall include the name(s) and address(es) of the certified M/WBEs, products or services provided and the total dollar amount or percentage of utilization. The annual report shall also include, separately, all second tier participation the contractor/supplier may have.

MCC will monitor the contractor/supplier’s compliance in meeting the M/WBE participation levels committed to in the awarded proposal. If the contractor/supplier's payments to participating M/WBEs are less than the amount committed to in the contract, MCC may cancel the contract or suspend or debar the contractor/supplier from participating in future contracts.

If a participating M/WBE fails to retain their certification or is unable to satisfactorily perform, the contractor/supplier must obtain other certified M/WBEs to fulfill the M/WBE participation requirements committed to in the awarded proposal. The contractor/supplier must obtain the written approval of the

Purchasing Manager for any new M/WBE participants.

This approval shall not be arbitrarily withheld. If the contractor/supplier cannot obtain an M/WBE replacement, the contractor/supplier must submit documentation to the Purchasing Manager detailing all efforts made to secure an M/WBE replacement. The Purchasing Manager shall have sole discretion in determining if the actions taken by the contractor/supplier constitute a good faith effort to secure the participation of M/WBEs and whether the contract will be amended to change the M/WBE participation commitment.

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February 24, 2016

M/WBE PARTICIPATION FORM

If proposing MBE/WBE participation, the contractor/supplier must indicate below the percentage of qualified

MBE and WBE participation committed to in relation to the total dollar value of the contract regardless of whether the contractor/supplier is awarded one, some or all of the categories being proposed. Overall, the

MBE and WBE participation must not be contingent upon award of a specific category and the contractor/supplier, if awarded a contract, must be able to achieve the stated participation for the resulting contract regardless of the categories awarded or not awarded. The contractor/supplier must be able to achieve participation stated below for the total value of the awarded contract(s). If the contractor/supplier is a qualified

MBE and/or WBE, the contractor/supplier may indicate 100% participation.

The contractor/supplier is committed to the following MBE and WBE participation on this bid:

Total MBE Participation % Total WBE Participation %

Complete the following table indicating the firms used to meet the participation levels indicated.

MBE Firm Name MBE % of Contract WBE Firm Name WBE % of Contract

THIS FORM MUST BE SUBMITTED WITH THE BID

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February 24, 2016

ACKNOWLEDGEMENT OF RECEIPT

16-7124 – C3R2

Microsoft Campus License Renewal

Please fill in the requested information below and return to the Purchasing Department, as acknowledgement that you have received the Request for Proposal noted above. This is not required but by submitting this form, we will be able to provide notification of any addenda to the RFP.


Purchasing Department

Email: Purchasing.Info@mcckc.edu

Fax: 816-759-1221

Name of Firm:

Address:

City/State/Zip:

Phone:

Name (Print):

Title:

Email Address:

Fax:

Signature: Date:

☐ Yes, our company does have an interest in responding.

☐ No, our company does NOT have an interest in responding.

Submit this form to MCC prior to Noon on March 2, 2016.

(Proposals can still be submitted even if this form has not been sent to MCC prior to this date. Please check www.mcckc.edu/purchasing/bids for revisions or addenda that may not have been received.)

(25nov15)

16-7124C3R2 METROPOLITAN COMMUNITY COLLEGE

METROPOLITAN COMMUNITY COLLEGE

16-7124 – C3R2

Microsoft Campus License Renewal

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16-7124C3R2 METROPOLITAN COMMUNITY COLLEGE

METROPOLITAN COMMUNITY COLLEGE

16-7124 – C3R2

Microsoft Campus License Renewal

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