METROPOLITAN COMMUNITY COLLEGE
Blue River, Business & Technology, Longview, Maple Woods, Penn Valley
3200 Broadway Kansas City, MO 64111
REQUEST FOR PROPOSAL # 16-7117-C3R2
IT Staff Augmentation
TABLE OF CONTENTS
PART I – RFP INFORMATION, INSTRUCTIONS, FORMS
REQUEST FOR PROPOSAL
PROFILE OF METROPOLITAN COMMUNITY COLLEGE
GENERAL INSTRUCTIONS AND CONDITIONS
TIMELINE
SPECIFICATIONS
SCOPE OF WORK
MINIMUM REQUIREMENTS
SPECIFIC REQUIREMENTS
PROPOSAL REQUIREMENTS
PROPOSAL FORMAT
EVALUATION CRITERIA
PROPOSAL FEE SCHEDULE FORM
PART II – CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT
(sample)
GENERAL TERMS AND CONDITIONS
FORM: M/WBE PARTICIPATION FORM
FORM: FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM
FORM: FEDERAL WORK AUTORIZATION PROGRAM AFFIDAVIT
STANDARD CONTRACT (sample)
PART III – ACKNOWLEDGEMENT OF RECEIPT, APPENDIX
ACKNOWLEDGEMENT OF RECEIPT FORM (Return Completed Form to MCC
immediately)
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PART I
RFP INFORMATION, INSTRUCTIONS, FORMS
REQUEST FOR PROPOSAL
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
information technology staff augmentation professional services for MCC’s desktop and
classroom media support functions for three years ending May 1, 2019, with the option to renew
for two (2) additional one-year periods.
PROFILE OF METROPOLITAN COMMUNITY COLLEGE
MCC began in 1915 as the Kansas City Polytechnic Institute and enrolled 125 students the first
semester. Today, MCC is the largest higher education institution in the metropolitan area. MCC
has five campuses – Blue River, Longview, Maple Woods, Penn Valley and Business &
Technology – that serve 37,000 students annually through credit and non-credit courses and
business services. More information about MCC can be found at www.mcckc.edu.
MCC is a comprehensive community college committed to serving the current and emerging
needs of the residents of the Kansas City area for higher academic education,
technical/vocational education and lifelong learning. MCC is considered a leader among
community colleges offering transfer college degree programs that cover the first two years of a
four-year degree and 80 career programs that provide quick entry into the workforce.
GENERAL INSTRUCTIONS AND CONDITIONS
1. The Purchasing Department of MCC is the issuing department for this document and
all subsequent addenda relating to it. Your sealed proposal must be received no later than
11:00 AM, Central Time on Monday, March 21, 2016. Proposals received after this
deadline will be considered late and ineligible for consideration. The envelope must be
labeled “RFP # 16-7117-C3R2, IT Staff Augmentation. Please include an electronic
version of your proposal. Deliver/send t o Diane Pacheco, Purchasing Manager,
Administrative Center, 3200 Broadway, Kansas City, MO 64111-2429. Hand delivered
proposals must be logged in (indicating date and time received) with the public safety
officer located in the lobby.
2. Any exceptions taken to the terms, conditions, or specifications of the RFP, including without
limitation the General Terms and Conditions and the sample Standard Contract, must be
clearly noted in the proposal as follows: Exceptions to RFP # 16-7117-C3R2. If not so
noted, then the contractor expressly agrees to the terms, conditions and specifications of the
Request for Proposal (RFP) in its entirety and any exception subsequent to the submittal of
the proposal will be held invalid and/or cause for MCC to reject the proposal, in whole or in
part, at the sole discretion of MCC.
3. Services shall not be subcontracted or a s s i g n e d , in whole or in part, without the
express written consent of MCC. Areas of work that cannot be accomplished by the
contractor must be identified in the proposal, including the identification of businesses to
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be used. However, ultimate responsibility for the goods/services and all obligations
relating to the goods/services will remain with the successful contractor.
4. It is the responsibility of each contractor to become familiar with the requirements of
this proposal. Lack of knowledge concerning the proposal’s requirements will not relieve the
contractor of conditions submitted in response to the proposal.
5. In the event that it becomes necessary to revise this proposal in whole or in part, an
addendum will be provided to all contractors on record as having received the proposal.
MCC strives to notify all prospective contractors of any issued addenda. 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.
6. An oral presentation by the contractor to supplement the proposal may be required. Each
contractor should be prepared to give an oral presentation of their proposal and a detailed
analysis of how each of the requirements described in this RFP will be addressed. MCC will
make a decision regarding presentations after the initial review of proposals and will notify
contractors if presentations are required.
7. MCC will not be liable for any costs that a contractor may incur in the preparation of or
presentation of the proposal.
8. Proposal must be dated and signed by an official authorized to bind the contractor to its
provisions. Proposal must remain in force for at least ninety (90) days from the date for
submission of proposal.
9. No communication will take place between contractors and MCC during the RFP
process, except in writing. Questions regarding the RFP process should be emailed to
Purchasing.info@mcckc.edu. Questions must be received by noon, Tuesday, March 8,
2016. Response proposals will be compiled and shared with all contractors on record with
interest in participating. Please complete the Acknowledgement of Receipt (last page of this
document) to be informed.
10. MCC reserves the right to waive any informality and to reject any or all proposals and/or to
cancel this request for proposal. MCC also reserves the right to make multiple awards. The
award(s) shall be made based on the proposal(s) that serves the best interest of MCC and
will not be evaluated solely on a monetary basis. Each proposal should be submitted based
on the most favorable terms, from a price and services standpoint, which the contractor can
submit to MCC. No contract award shall exist until executed in writing.
11. Any proposal may be withdrawn at any time prior to the time specified herein for the
opening of proposals, but no proposal may be withdrawn for a period of ninety (90) days
thereafter.
12. In all cases, no verbal communication will override written communication and only written
communications are binding.
13. MCC shall not be obligated to return the contractor’s proposal once submitted, whether
the proposal is withdrawn or not.
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14. Contractor will be required to comply with the General Terms and Conditions, as well as
state any objections to the terms of the sample Standard Contract, collectively attached
hereto in Part II.
15. 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.
16. Contractors must indicate their Minority and Women Business Enterprises participation
levels committed to this project on the M/WBE Participation Form, attached hereto in Part II.
17. After awarding of the RFP and signing of an agreement, as per the terms of such agreement,
contractor shall issue invoices via email to purchasing.info@mcckc.edu or mail them to
Metropolitan Community College, Purchasing Department, 3200 Broadway, Kansas City,
Missouri 64111.
TIMELINE
An overview of the process and proposed timeline for the engagement is provided below:
Scheduled Task
Due Date
RFP Issued
Monday, February 25, 2016
Written RFP questions submitted to MCC by
noon.
Proposals Due
Thursday, March 1, 2016 by
noon
Monday, March 21, 2016 by
11:00 AM
Thursday, April 21, 2016
Recommended for award to Board of
Trustees
SCOPE OF WORK
1. Desktop and Classroom Media Support. Contractor shall provide on-site Technical
Support Specialists and Information Technology Specialists (Contract Employee(s)) to
provide services within MCC’s Information Technology Department (MCC IT). Specifically,
Technical Support Specialists shall perform remote support and/or in-person support for
MCC employees, and coordination, planning, operation, and maintenance of assigned
technical support area to include without limitation, the following:
a) technical support for MCC employees, using remote access tools and/or in-person,
to provide technical troubleshooting of hardware configurations including but not
limited to desktops, laptops, printers, scanners and cell phones and technical
troubleshooting of software configurations including Windows, Microsoft Office and
specialty software;
b) develop and maintain a thorough understanding of MCC’s technical configuration
and capabilities;
c) administer student computer lab software configurations using management tools;
d) setup and configure technical equipment (computers, monitors, scanners, etc.);
e) test computer software and hardware configurations;
f) develop technical documentation and relevant knowledgebase items;
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g) identify underlying issues, technical inter-relationships and communicate potential
technical problems with appropriate technical teams;
h) fully document known issues, configurations and troubleshooting procedures;
i) provide ad-hoc tips and training for end users on basic computer skills and on MCC
systems;
j) participate in the development and maintenance of computer software standards
based on user needs;
k) assist in the development of testing and maintenance plans for software
configurations;
l) maintain records of inventory in designated system;
m) research new technologies and determine how such technologies might be utilized
within MCC systems,
n) master and integrate new technologies into MCC Systems, and participate in
required MCC staff meetings for the same;
o) provide technical advice regarding hardware and software purchases and
configurations;
p) assist in training part-time lab workers on MCC systems;
q) attend campus or district-wide meetings with instructors, administrators and staff to
gather requirements for base computer systems and specialty software;
r) lead discussions, present examples, and explain technical issues and concerns
effectively to non-technical end users;
s) move computer equipment as necessary; and
t) perform other related duties and responsibilities as assigned.
2. Out of Scope Services. As requested by MCC and based upon Contractor’s availability,
Contractor shall provide on-site Information Technology Specialists to perform special
projects (i) on a project by project basis, (ii) having the necessary certifications, licenses,
and/or qualifications required by a project as determined by MCC IT, and (iii) as mutually
agreed to by MCC and Contractor under a written addendum to any Agreement executed
between Contractor and MCC.
3. Staffing and Qualifications. Contractor shall maintain adequate staffing to provide
replacement resources for their employees assigned to MCC locations who do not report to
work for any reason, including without limitation, illness, vacation, and/or training. MCC
shall have the opportunity to interview and approve all Contract Employees prior to
assignment at an MCC location. All Contractor’s employees assigned to provide services
for MCC shall possess the following minimum qualifications:
a) the ability to work independently after being provided with task outlines for specific
technological goals as provided by supervisor;
b) working knowledge of Local Area Networks;
c) working knowledge of a wide variety of computer systems and peripherals, including
installation in both stand-alone and network environments;
d) broad knowledge of commercially available Windows and Macintosh applications,
including without limitation, word processing, spreadsheet, presentations, and
databases;
e) working knowledge of Internet applications and familiarity with multimedia
applications and computer peripherals such as scanners, CD/DVD drives, sound
cards, and video cards;
f) working knowledge of PC related hardware, memory chips, and board installation,
and minor repair techniques;
g) well-developed interpersonal skills, including ability to establish and maintain
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cooperative working relationships with other employees and students at all levels;
h) willing and able to remain current in the major aspects of technology as related to the
job assignment;
i) possession of a valid driver’s license and an acceptable driving record prior to driving
on district business;
j) the ability to install and maintain commercially available PC software applications;
and
k) the ability to use information technology for personal productivity, including word
processing, electronic communications, and presentations.
4. Schedule. Services shall be provided during the central standard times listed below:
Monday – Friday 8:00 AM – 9:00 PM
Evening support times will vary by location
depending upon scheduled classes and events.
Weekends
As requested, to provide support for weekend
classes and special events.
LOCATIONS
MCC-Blue River
20301 East 78 Highway
Independence, Missouri 64057-2052
MCC-Business & Technology
1775 Universal Avenue
Kansas City, Missouri 64120-2429
Daytime hours do not apply to this location unless specifically requested by MCC IT in
writing, email being sufficient.
MCC-Longview
500 SW Longview Road
Lee's Summit, Mo., 64081-2105
MCC-Maple Woods
2601 NE Barry Road
Kansas City, Missouri 64156-1299
MCC-Penn Valley
3201 Southwest Trafficway
Kansas City, Missouri 64111-2764
Including:
Administrative Center, 3200 Broadway, KCMO
Health Science Institute, 3444 Broadway, KCMO
MINIMUM REQUIREMENTS
5. Licensed to do business in the State of Missouri (provide copy of Certificate of Good
Standing from Missouri Secretary of State).
6. Must exhibit experience in the field (minimum 5 years).
7. Must submit a completed, signed pricing schedule.
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SPECIFIC REQUIREMENTS
1. Must utilize only experienced, responsible and capable personnel in performance of the
work.
2. Must perform all work required under this contract in a manner consistent with the highest
industry standards.
3. Must be able to perform the services described in Scope of Work section.
4. Must be able to meet deadline due dates as determined by MCC.
PROPOSAL REQUIREMENTS
Proposal must address the following:
A. Description of Firm
1.
Describe firm and its ability to provide the services requested. Give the name and
qualifications of the manager/supervisor who will be assigned on behalf of any
resultant contract.
2. Submit resumes for key personnel who may be involved with the contract.
3. Give the names, addresses and telephone numbers of at least two (2) companies or
educational institutions for whom you have provided similar services in the last three
(3) years. Please provide references for each component of the scope of work being
proposed to MCC.
B. Qualifications
1. Provide a statement outlining the understanding and knowledge of the services
required for an institution of higher learning.
2. Provide examples of work experience that demonstrates thorough knowledge of the
services.
3. Provide a pricing schedule.
PROPOSAL FORMAT
It is the purpose of this RFP to obtain as much complete data as possible to enable MCC to
determine which offer is best able to serve all the criteria that are to be considered for
the resulting purchase. To this end, each prospective contractor shall furnish, as a part of its
proposal, a complete general description of capabilities in the field of information technology
staffing services.
Response proposals to the required information shall be submitted in the following format:
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1. Cover letter (not to exceed three pages) including introductory comments, along with key
points of the proposal.
2. Provide contractors background information in the following areas:
•
Provide background on the contractor’s business and operations including:
• Size and scope of contractor’s business
• Example customers where contractor provides services similar in nature and
scope to those outlined in this request.
• Outline of key partnerships (if any) that will contribute to the performance of the
services
• Contractor’s qualifications and differentiators
• Description of contractor’s technical and service capabilities
• List of all quality certifications
3. Provide disclosures and declarations related to the following areas:
•
•
The name, nature of the relationship, and the scope of the activities for any third
party that the contractor is dependent on to provide services defined herein.
Exclude normal purchasing relationships with contractors providing hardware and
software or typical products and services (i.e. maintenance contracts).
Provide a list of all entities with which contractor has relationships that create, or
appear to create, a conflict of interest with the work that is contemplated in this
request. The list should indicate the name of the entity, the relationship, and a
description of the conflict.
4. A statement of who can represent and bind the contractor to an agreement, including the
name, title, full address, telephone number and facsimile number of the designated person.
5. Provide a Scope of Work with a full description of what contractor feels would be required to
complete the services to include:
•
•
identification of personnel who will be designated to work with MCC, including
experience, qualifications and credentials of those personnel; and
an organizational chart showing assigned responsibilities and chain of command.
6. All costs associated with providing the services described, including travel expenses, if
applicable, third party contractor costs (i.e. printing, media placement), and annual
consulting fees. Provide a prosed fee schedule in billable hour format for all personnel
proposed for the plan year, along with a maximum number of hours that is not to be
exceeded for the year.
7. A minimum of three (3) client references, preferably multi-campus higher education
institutions, which shall include name of organization, contact person and telephone
number. References provided should be able to speak to proposed key team members’
knowledge, quality of work, timeliness and ability to meet budget constraints.
EVALUATION CRITERIA
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1. General quality and responsiveness:
• Understanding of the requirements of the RFP as evidenced by the proposal and
the ability of the provider to deliver the required services.
• The scope of the services offered and the extent to which they meet or exceed
2. Submission of information in the following areas:
• Qualifications of the firm and key personnel
• Firm’s responsiveness to proposal requirements as listed.
•
References - level of satisfaction of present and former customers with accounts
of similar size and complexity.
3. Estimated cost as compared to other proposals.
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PROPOSAL FEE SCHEDULE FORM
Services
Price per hour
By signing below, I am certifying that I am submitting this proposal as an authorized
representative of the below-named contractor, have thoroughly reviewed and understand the
terms and conditions of the RFP, and am submitting the proposal accordingly.
Dated this
day of
, ____.
(Authorized Representative Signature)
(Authorized Representative Name/Title)
(Company Name)
(Address)
(City, State, Zip)
(Phone Number/Fax Number)
(Email Address)
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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PART II
CONTRACT DOCUMENTS, REQUIRED AFFIDAVITS, STANDARD CONTRACT (sample)
GENERAL TERMS AND CONDITIONS
1.
Contract Documents. This RFP, including these General Terms and Conditions,
Contractor’s response proposal, including without limitation any completed forms required by
Contractor under the RFP, 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 selected Contractor regarding the subject matter herein.
2.
Governing Law. Any Contract issued as a result of this RFP 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.
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.
5.
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 § 60300.5(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.
6.
Independent Contractor. The Contractor represents and warrants that it is now
and shall remain a separate and independent entity from MCC.
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, Contractor
shall execute and submit an affidavit, in a form prescribed by MCC and included in this RFP,
affirming that Contractor 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
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in the United States as defined in 8 U.S.C. §1324a(h)(3). Contractor shall attach to the affidavit
documentation sufficient to establish Contractor’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. Contractor 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:
10.1. 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;
10.2. 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;
10.3. 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;
10.4. Contractor is enrolled in and participates in a federal work authorization
program as required by Missouri law, RSMo 295.525 and .530;
10.5. 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;
10.6. 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
10.7. Contractor agrees to complete and return with Contractor’s RFP response
proposal a Federal Work Authorization Program (“E-Verify”), and Affidavit.
11.
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.
12.
Disclosure of Proprietary / Confidential Information.
12.1. Proprietary / Confidential 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,
RSMo. 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 RFP or all proposals are
rejected, if access to documents so marked is requested under the Missouri Sunshine
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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 determines is a public
record subject to disclosure pursuant to the Missouri Sunshine Law.
12.2. Exceptions to Confidentiality Obligations. Notwithstanding the
foregoing, each party's obligations of confidentiality will not include information which at
the time of disclosure was in the public domain other than by Contractor’s or MCC’s
breach of this Agreement; or which, after such disclosure, immediately becomes
generally available to the public other than through any act or omission of the
Contractor or its employees, representatives, agents, subcontractors, or contractors; is
rightfully furnished to Contractor or MCC without restriction as to use or disclosure by a
third party authorized to make such disclosure; or is information that was independently
developed by Contractor or MCC without reference to Confidential Information; or which
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.
12.3. Remedies for Disclosure. The Contractor understands and agrees that
any unauthorized disclosure or use of any confidential information as provided under this
section may result in MCC seeking injunctive relief. The 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 the Contractor hereunder relating to remedy shall be at its
sole expense.
12.4. Return of Confidential Information. After expiration or termination of
this Agreement, the Contractor must return all confidential information given to or
generated by it hereunder within five (5) days of written request. The Contractor agrees
that it will comply with the instructions MCC regarding the return or disposition of the
confidential information, including any copies or reproductions.
13.
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 RFP; 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 RFP 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
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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.
14.
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.
15.
Sole Property of MCC. All work performed during the duration of a contract will
be deemed to be the sole property of MCC and the contractor will have no rights in such work
unless MCC has provided contractor with expressed written rights. Upon request, contractor
will relinquish all types and forms of works created under the performance of the contract.
16.
Indemnification. Contractor shall indemnify, defend, and hold MCC, MCC’s
trustees, officers, employees, agents, and representatives harmless against any and all claims,
including claims under the Fair Labor Standards Act (FLSA) or American Disabilities Act (ADA)
and any alleged violations of federal or state law, 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 this Agreement.
17.
No Waiver. The foregoing provision 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.
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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 contractor
being a certified M/WBE or by the utilization of qualified subcontractors, contractors, 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
contractors 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.
Contractors 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.
The contractor 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 may have.
MCC will monitor the contractor’s compliance in meeting the M/WBE participation levels
committed to in the awarded proposal. If the contractor'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 from participating in future contracts.
If a participating M/WBE fails to retain their certification or is unable to satisfactorily perform, the
contractor must obtain other certified M/WBEs to fulfill the M/WBE participation requirements
committed to in the awarded proposal. The contractor 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 cannot obtain an M/WBE
replacement, the contractor 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 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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MBE/WBE PARTICIPATION FORM
If proposing MBE/WBE participation, the contractor 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 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, 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 must be able to achieve participation stated below for the
total value of the awarded contract(s). If the contractor is a qualified MBE and/or WBE,
the contractor may indicate 100% participation.
The contractor is committed to the following MBE and WBE participation on this RFP:
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 COMPLETED AND SUBMITTED WITH THE RFP.
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FEDERAL WORK AUTHORIZATION PROGRAM (“E-VERIFY”) ADDENDUM
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 EVerify). 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 the services being provided, or to be provided, by your company to the district.
(d)
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)
Name and Title:
For and on behalf of:
(Company)
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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FEDERAL WORK AUTORIZATION PROGRAM AFFIDAVIT
I, ___________________, being of legal age and having been duly sworn upon my oath,
state the following facts are true:
1.
I am more than twenty-one years of age; and have first-hand knowledge of the
matters set forth herein.
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.
By:
(Signature)
Name/Title:
On Behalf of:
(Company)
STATE OF ___________ )
) ss.
COUNTY OF __________)
Submitted and sworn to before me this ____ day of _______ , 201___.
__________________________________
Notary Public
__________________________________
Print Notary Name
My commission expires:
THIS FORM MUST BE COMPLETED AND SUBMITTED WITH THE RFP.
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STANDARD CONTRACT (sample)
(For reference only. To be completed by Metropolitan Community College.)
Information Technology Services Agreement
This Information Technology Services Agreement (Agreement) is made by and between
the Junior College District of Metropolitan Kansas City, Missouri aka Metropolitan Community
College (MCC), a public community college district and political subdivision of the State of
Missouri, whose principal office is located at 3200 Broadway, Kansas City, Missouri 64111, and
Contractor Name (Contractor), whose principal office is located at Contractor's address .
MCC desires to enter into a non-exclusive arrangement with Contractor to provide
MCC’s Information Technology Department (MCC IT) with staff augmentation in the area of
desktop and classroom media support (Services), and Contractor represents and warrants to
MCC that Contractor has demonstrated a high degree of experience, training, and proficiency
in Contractor’s conduct of various prior and similar works, has the requisite expertise and
resources, and is technically and professionally capable of performing the obligations under
this Agreement. In consideration of the foregoing and the mutual agreements contained in this
Agreement, the parties agree as follows:
1.
Services. Contractor agrees to provide the services as specified in MCC’s
Request For Proposal 16-7117-C3R2 IT Staff Augmentation (RFP), Contractor’s Response to
the RFP (Response), collectively incorporated herein by reference, as further detailed in Exhibit
A – Scope of Work (Exhibit A), attached hereto and incorporated herein, and as detailed below:
1.1.
Desktop and Classroom Media Support. Contractor shall provide onsite Technical Support Specialists and Information Technology Specialists (Contract
Employee(s)) to provide services within MCC IT. Specifically, Technical Support
Specialists shall perform remote support and/or in-person support for MCC employees,
and coordination, planning, operation, and maintenance of assigned technical support
area to include without limitation, the following:
a) technical support for MCC employees, using remote access tools and/or inperson, to provide technical troubleshooting of hardware configurations including
but not limited to desktops, laptops, printers, scanners and cell phones and
technical troubleshooting of software configurations including Windows, Microsoft
Office and specialty software;
b) develop and maintain a thorough understanding of MCC’s technical configuration
and capabilities;
c) administer student computer lab software configurations using management
tools;
d) setup and configure technical equipment (computers, monitors, scanners, etc.);
e) test computer software and hardware configurations;
f) develop technical documentation and relevant knowledgebase items;
g) identify underlying issues, technical inter-relationships and communicate
potential technical problems with appropriate technical teams;
h) fully document known issues, configurations and troubleshooting procedures;
i) provide ad-hoc tips and training for end users on basic computer skills and on
MCC systems;
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j)
k)
l)
m)
n)
o)
p)
q)
r)
s)
t)
participate in the development and maintenance of computer software standards
based on user needs;
assist in the development of testing and maintenance plans for software
configurations;
maintain records of inventory in designated system;
research new technologies and determine how such technologies might be
utilized within MCC systems,
master and integrate new technologies into MCC Systems, and participate in
required MCC staff meetings for the same;
provide technical advice regarding hardware and software purchases and
configurations;
assist in training part-time lab workers on MCC systems;
attend campus or district-wide meetings with instructors, administrators and staff
to gather requirements for base computer systems and specialty software;
lead discussions, present examples, and explain technical issues and concerns
effectively to non-technical end users;
move computer equipment as necessary; and
perform other related duties and responsibilities as assigned.
1.2.
Out of Scope Services. As requested by MCC and based upon
Contractor’s availability, Contractor shall provide on-site Information Technology
Specialists to perform special projects (i) on a project by project basis, (ii) having the
necessary certifications, licenses, and/or qualifications required by a project as
determined by MCC IT, and (iii) as mutually agreed to by MCC and Contractor under a
written addendum to any Agreement executed between Contractor and MCC.
2. Staffing and Qualifications.
2.1.
Assignment. MCC shall have the opportunity to interview and approve all
Contract Employees prior to assignment at an MCC location. Contractor shall not
transfer or re-assign Contract Employees on assignment at MCC during the term of the
Agreement without MCC’s written consent, email being sufficient, unless where forced
for reasons beyond its reasonable control. Contractor shall maintain adequate staffing to
provide replacement resources for their employees assigned to MCC locations who do
not report to work for any reason, including without limitation, illness, vacation, training,
or removal of such Contract Employee at MCC’s reasonable request.
2.2.
Qualifications. Contractor represents and warrant all Contract
employees assigned to provide services for MCC shall possess the necessary
knowledge, skill, experience, certifications, and ongoing training appropriate to perform
the professional services to which they are allotted, including without limitation, the
following minimum qualifications:
a) the ability to work independently after being provided with task outlines for
specific technological goals as provided by supervisor;
b) working knowledge of Local Area Networks;
c) working knowledge of a wide variety of computer systems and peripherals,
including installation in both stand-alone and network environments;
d) broad knowledge of commercially available Windows and Macintosh
applications, including without limitation, word processing, spreadsheet,
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presentations, and databases;
e) working knowledge of Internet applications and familiarity with multimedia
applications and computer peripherals such as scanners, CD/DVD drives, sound
cards, and video cards;
f) working knowledge of PC related hardware, memory chips, and board
installation, and minor repair techniques;
g) well-developed interpersonal skills, including ability to establish and maintain
cooperative working relationships with other employees and students at all
levels;
h) willing and able to remain current in the major aspects of technology as related to
the job assignment;
i) possession of a valid driver’s license and an acceptable driving record prior to
driving on district business;
j) the ability to install and maintain commercially available PC software
applications; and
k) the ability to use information technology for personal productivity, including word
processing, electronic communications, and presentations.
2.3.
Confidentiality and Data Security. Contractor covenants and agrees
Contract Employees shall comply with Contractor’s confidentiality obligations under this
agreement, (ii) MCC’s policies and procedures, including without limitation data security,
and (iii) federal and state law governing data security and the protection of personally
identifiable information. Further, Contractor accepts liability for confidentiality or security
or regulatory breach by a Contract Employee, intentional or unintentional, hereunder.
3.
Schedule. Services shall be provided during central standard times (i) Monday –
Friday, 8:00 AM – 9:00 PM, with evening support times varying by location depending upon
scheduled classes and events, (ii) and weekends as requested by MCCIT, to provide support
for weekend classes and special events.
4.
Locations. Services shall be provided by Contractor at the following locations:
MCC-Blue River
20301 East 78 Highway
Independence, Missouri 64057-2052
Telephone: 816.604.1000
MCC-Business & Technology
1775 Universal Avenue
Kansas City, Missouri 64120-2429
Telephone: 816.604.1000
Daytime hours do not apply to this location unless specifically requested by MCC IT
in writing, email being sufficient.
MCC-Longview
500 SW Longview Road
Lee's Summit, Mo., 64081-2105
Telephone: 816.604.1000
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MCC-Maple Woods
2601 NE Barry Road
Kansas City, Missouri 64156-1299
Telephone: 816.604.1000
MCC-Penn Valley
3201 Southwest Trafficway
Kansas City, Missouri 64111-2764
Telephone: 816.604.1000
5.
Including:
Administrative Center, 3200 Broadway, KCMO
Health Science Institute, 3444 Broadway, KCMO
Term and Termination.
5.1.
Term. The term of this Agreement shall be from the date of execution
through May 1, 2017, unless terminated earlier in accordance with the terms and
conditions set forth herein. The term may be renewed and/or extended upon the mutual
written agreement of the parties for two (2) one-year terms.
5.2.
Termination of Contract Employee. If after the initial calendar twoweek period, MCC is dissatisfied with the performance of a Contract Employee and
wishes to have the Contract Employee replaced, MCC shall notify Contractor in writing,
email being sufficient, and Contractor shall replace Contract Employee within a oneweek period of receiving MCC’s notification. Notwithstanding the foregoing, where MCC
notifies Contractor that MCC has determined that the concern is of such a serious nature
that Contract Employee should be removed immediately from MCC’s account and
premises, Contractor shall immediately remove such individual from MCC’s account and
premises.
5.3.
Termination of Agreement. MCC reserves the right to terminate this
Agreement with or without cause upon written notice to Contractor if given at least thirty
(30) days prior to the beginning of services. Each party reserves the right to terminate
this Agreement immediately if the other party fails to comply with any of the terms and
conditions herein.
6.
Compensation.
6.1.
Fees. For and in consideration of the Services, Contractor shall submit
monthly invoices to MCC to include expenses with all supporting documentation and
MCC required pre-approval for such expenses, if applicable. Payments shall be sent to
Contractor at the address first written above. MCC agrees to pay all undisputed
amounts within thirty (30) days of receipt of a properly itemized invoice, if applicable.
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.
6.2.
Subcontractors. 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 this Agreement.
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6.3.
Performance. No payment made under this Agreement shall be proof of
satisfactory performance of this Agreement, either in whole or in part, and no payment
shall be construed as acceptance of deficient or unsatisfactory service.
7.
Notices. All communications relating to this Agreement shall be in writing and
may be hand delivered, sent by overnight courier, or shall be deemed received within five (5)
business days after mailing if sent by registered or certified mail, return receipt requested to the
parties at the addresses first written above. If to MCC regarding legal matters, notice shall be
sent to the attention of Kathy Walter-Mack, Chief of Staff to the Chancellor.
8.
Contractor’s Representations and Warranties.
8.1.
Standard of Care. Contractor represents and warrants that Contractor
shall provide services based on a manner consistent with the highest degree of care,
diligence, and skill.
8.2.
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.
8.3.
Non-Discrimination. MCC is an equal opportunity/affirmative action
employer. If applicable, Contractor, in performing the work required by this 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.
8.4.
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 this Agreement.
8.5.
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 this Agreement.
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9.
Non-Solicitation and Non-Hire. Both parties agree that during the term of this
Agreement and for one (1) year thereafter, neither party will directly or indirectly solicit, offer
employment or hire any current or former employee or consultant employed by or hired by the
other party involved in the performance of this Agreement. This provision does not restrict the
right of either party to solicit or recruit generally in the media and does not prohibit either party
from hiring an employee of the other who answers any advertisement or who otherwise
voluntarily applies for hire without having been initially personally solicited or recruited by the
hiring party.
10.
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 this 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 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 this 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.
11.
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.
12.
Liability Requirements.
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12.1. Insurance. Contractor agrees to maintain the following insurance
throughout the term of this Agreement: a) workers’ compensation and employer’s liability
for its employees in amounts as 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 this 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.
12.2. Indemnification. Contractor shall indemnify, defend, and hold MCC,
MCC’s trustees, officers, employees, agents, and representatives harmless against any
and all claims, including claims under the Fair Labor Standards Act (FLSA) or American
Disabilities Act (ADA) and any alleged violations of federal or state law, 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 this Agreement.
12.3. No Waiver. 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.
13.
Governing Law. This Agreement is governed by and constructed in accordance
with the laws of the state of Missouri.
14.
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 this Agreement
and under law.
15.
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.
16.
Successors and Assignments. This 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 this Agreement.
17.
Assignment of Services. It is understood the Contractor shall not assign or
subcontract the services in this Agreement without the written consent of MCC, and subject to
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MCC’s approval of said subcontractor’s expertise to complete the assigned portion of the
services.
18.
Independent Contractor. The parties agree the terms of this 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 this Agreement.
19.
Force Majeure. Neither party shall be liable for damages or have the right to
terminate this 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 cause beyond the reasonable control of the party obligated
to perform and which cannot be overcome by reasonable diligence and without unusual
expense.
20.
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.
21.
Survival. All representations, warranties, and indemnifications made herein shall
survive termination or cancellation of this Agreement.
22.
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 this
Agreement. Nothing in this Agreement, whether express or implied, is intended to create any
rights or remedies on any third party beneficiary.
23.
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.
24.
Non-Waivers. No delay or omission by the parties in exercising any right under
this 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.
25.
Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties and supersedes all offers, negotiations, discussions, and
other agreements, whether written or oral, that occurred prior to the date of the execution of this
written Agreement, and may not be amended except by the mutual written agreement of the
parties.
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26.
Execution. This Agreement may be executed in counterparts, which together
constitute one and the same Agreement. If a party sends a signed copy of this Agreement via
digital transmission, such party will, upon request by the other party, provide an originally signed
copy of this Agreement. No member or officer of MCC incurs personal liability by the execution
or default of this Agreement. All such liability is released by Contractor as a condition of and
consideration of the execution of this Agreement.
The parties have caused this Agreement to be executed by their authorized
representatives on the day and year written below.
Junior College District of Metropolitan
Kansas City, Missouri
Contractor's Name
By:
By:
Name:
Name:
Title:
Title:
Date:
Date:
PART III
ACKNOWLEDGEMENT OF RECEIPT, APPENDIX
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ACKNOWLEDGEMENT OF RECEIPT
This Form Must be Completed and Emailed/faxed Upon Receiving
Request for Proposal #16-7117-C3R2
IT Staff Augmentation
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.
Metropolitan Community College Purchasing Department
Email to: purchasing.info@mcckc.edu
Or Fax: 816-759-1221
By doing this, we will be able to provide notification of any addenda to the RFP.
Name of Firm:
Address:
City/State/Zip:
Phone:
Fax:
Name (Print):
Title:
Email Address:
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 Tuesday, March 8, 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.)
Once a contract is signed by all parties, the awarded company/s for this project will be listed on
Metropolitan Community College website at www.mcckc.edu/purchasing/bids
©2015 Metropolitan Community College
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IT Staff Augmentation