Request For Proposal (RFP) Server System

REQUEST FOR PROPOSAL (RFP)
SERVER SYSTEM
Hardware and Implementation of Virtual Server Infrastructure
City of Carmel-by-the-Sea
Joel Staker
REQUEST FOR PROPOSALS
SERVER SYSTEM
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CITY OF CARMEL-BY-THE-SEA, CA
SERVER SYSTEM
Table of Contents
SECTION A: RFP INTRODUCTION ............................................................................. 4

A.1 Purpose of the RFP ......................................................................................................................................4
A.2 About the City ..............................................................................................................................................4
A.3 Project Background .....................................................................................................................................5
A.4 Notice to Proposers ......................................................................................................................................5
A.5 City’s Rights Reserved .................................................................................................................................5
A.6 Communication Regarding this RFP .........................................................................................................6
A.7 Register as a Proposer..................................................................................................................................6
A.8 Inquiries and Requests for Clarification ....................................................................................................6
A.9 Pre-Proposal Conference .............................................................................................................................6
A.10 Procurement Schedule ...............................................................................................................................6
A.11 Evaluation Criteria ....................................................................................................................................7
A.12 Proposal Submission Instructions .............................................................................................................8
A.13 Organization of Proposal ...........................................................................................................................9
SECTION B: DETAILED SUBMITTAL REQUIREMENTS ......................................... 10

B.1 Cover Letter, Executive Summary and Checklists .................................................................................. 10
B.2 Scope of Services ......................................................................................................................................... 10
B.3 Company Background ............................................................................................................................... 11
B.4 Client References ........................................................................................................................................ 11
B.5 Proposed Hardware, Management Software and Computing Environment ........................................ 12
B.6 Implementation Plan .................................................................................................................................. 12
B.7 Training Plan .............................................................................................................................................. 13
B.8 Maintenance and Support Program ......................................................................................................... 13
B.9 Exceptions to the RFP ................................................................................................................................ 14
B.10 Sample Documents ................................................................................................................................... 14
B.11 Cost Proposal ............................................................................................................................................ 14
SECTION C: SCOPE OF PROJECT .......................................................................... 15

C.1 Project Scope .............................................................................................................................................. 15
C.2 Project Staffing ........................................................................................................................................... 16
C.3 Statement of Work ..................................................................................................................................... 16
C.4 Project Schedule ......................................................................................................................................... 17
C.5 Number of Users ......................................................................................................................................... 17
C.6 System Conversion ..................................................................................................................................... 17
C.7 Technical Standards................................................................................................................................... 17
SECTION D: CONTRACT TERMS AND CONDITIONS ............................................ 18
SECTION E: ATTACHMENTS ................................................................................... 19

E.1 Attachment 1 (RFP Submittal Checklist) ................................................................................................. 20
E.2 Attachment 2 (Signature Page) ................................................................................................................. 21
E.3 Attachment 3 (Addendum Acknowledgement Form) ............................................................................. 22
E.4 Attachment 4 (Company Background)..................................................................................................... 23
E.5 Attachment 5 (Client References) ............................................................................................................. 24
E.6 Attachment 6 (Technical Specifications) .................................................................................................. 25
E.7 Attachment 7 (Supplementary Disaster Recovery Options) ................................................................... 26
E.8 Attachment 8 (Personnel/Staffing) ............................................................................................................ 27
E.9 Attachment 9 (Maintenance and Support) ............................................................................................... 28
E.10 Attachment 10 (Cost)- Submit Under Separate Cover.......................................................................... 29
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E.11 Attachment 11 (Contract Terms and Conditions) ................................................................................. 31
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Section A: RFP Introduction
A.1 Purpose of the RFP

The City of Carmel-by-the-Sea is seeking proposals from vendors for the procurement and
implementation of a hyper-converged (server, storage, networking components combined in
one piece of equipment) system to virtualize corporate applications.
Specifically, the City wishes to: (1) purchase or otherwise acquire rights to use hardware and
software; (2) purchase technical services to install and configure the products.
Currently the City uses a 3-Tier architecture for the operation of its computer, storage and
networking technical resources.
A.1.1 Required: Site redundant system consisting of appropriate hardware to support city
applications after single site failure. All data must be available after minimum downtime
period.
A.1.2 All proposals submitted must include hardware, software and implementation services.
Proposals for only hardware or only implementation will not be considered.
A.1.3 All proposals submitted must include maintenance and support services under a fixed
price contract for at least five (5) years.
A.1.4 Optional: Proposal may include an optional Disaster Recovery Plan involving cloud
backup and recovery. Plan must include maintenance and support services under a
fixed price contract for at least five (5) years.
A.2 About the City

Carmel-by-the-Sea was first incorporated as a City in 1916. It was founded by artists and
writers-among them Jack London, George Sterling, Mary Austin and Robinson Jeffers. Carmel-
by-the-Sea is known for its urban forest, its beach and natural parklands and its village
atmosphere. The City’s boundary is one square mile in area, with a population that has
remained steady at around 4,000. It is located within Monterey County approximately 120 miles
south of San Francisco.
As a General Law City, Carmel-by-the-Sea has a Council/City Administrator form of
government. The Council consists of the Mayor and four Council members, all of whom are
elected at large. The City’s annual budget is about $22 million and it employs approximately 89
full-time equivalent (FTE) staff in order to provide a variety of municipal services, including
library and community activities, planning and zoning, building inspections, public safety
(ambulance, fire and police), maintenance of beach, parks, facilities and the urban forest, public
works and general administration.
Background Statistics
Background Summary
Population 4,000
Number of Employees 89 FTE
City Operating Budget (General Fund FT 15-16) $22 M
Fiscal Year July 1 – June 30
Governance Structure City Manager / Council
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A.3 Project Background

The primary goal of this work effort is to replace the 3-Tier architecture the city is currently
using.
Desired outcomes of the project include: (1) Improve efficiency of daily IT operations; (2)
Improve data reliability (3) Produce a system capable of surviving a failure at either the primary
or secondary site.
Key Objectives of this procurement include: (1) Select and implement a hardware and software
solution proven effective and affordable in small California cities and (2) Establish a potentially
long-term relationship with a vendor partner (or partners) for provision of hardware, software
and services.
Thank you for your interest in this procurement process. The City of Carmel-by-the-Sea invites
responses, which offer to provide the services and/or goods identified within this RFP.
A.4 Notice to Proposers
Failure to carefully read and understand this RFP may cause the proposal to be out of
compliance or rejected by the City. Only the format described in the RFP and the attachments
included with this RFP will be accepted as compliant for the submitted proposal. Failure to
completely fill out all required attachments may result in disqualification.
A.5 City’s Rights Reserved

A.5.1 The City reserves the right to select the proposal(s) that in its sole judgment best meets
the needs of the City. The lowest proposed cost will not be the sole criterion for
recommending the contract award.
A.5.2 The City reserves the right to award multiple contracts from this RFP. While selecting
one proposal that provides all functionality for the entire RFP across all scope options is
preferred, the City will be evaluating proposals for Scope Options separately and this
may result in award of contract to different proposals for each Scope Option.
A.5.3 The City reserves the right to reject any or all proposals and to waive technicalities and
informalities when such waiver is determined by the City to be in the City’s best interest.
A.5.4 The City may modify this RFP by issuance of one or more written addenda to all parties
who have been furnished the RFP.
A.5.5 The City reserves the right to meet with select proposers at any time to gather
additional information. Furthermore, the City reserves the right to remove or add
functionality (i.e., modules and components) until the final contract signing.
A.5.6 The City reserves the right to revise the RFP prior to the date that proposals are
due. All registered proposers will be notified of revisions to the RFP. The City reserves
the right to extend the date by which the proposals are due.
A.5.7 This RFP does not commit the City to award a contract, all proposals submitted in
response to this RFP become the property of the City and public records, and as such,
may be subject to public review.
A.5.8 The City shall not be liable for any pre-contractual expenses incurred by prospective
vendors or selected contractors, including but not limited to costs incurred in the
preparation or submission of proposals. The City shall be held harmless and free from
any and all liability, claims, or expenses whatsoever incurred by, or on behalf of, any
person or organization responding to this RFP
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A.6 Communication Regarding this RFP

All communication from prospective proposers regarding this RFP must be in writing by email to
the address listed in section A.8 of this RFP. Communication by telephone or in person will not
be accepted. Attempts by, or on behalf of, a prospective or existing vendor to make telephone
or personal contact with any City employee regarding this RFP, may lead to the elimination of
that vendor from further consideration.
Attempts by, or on behalf of, a prospective or existing vendor to contact or to influence any
member of the selection committee, any member of the City Council, or any employee of the
City of Carmel-by-the-Sea with regard to the acceptance of a proposal may lead to elimination
of that vendor from further consideration.
A.7 Register as a Proposer
All firms interested in receiving further correspondence regarding this RFP are requested to
register by sending an email to Joel Staker at jstaker@ci.carmel.ca.us and provide the following
information: (1) Company name; (2) name of contact person; (3) email address; and (4) phone
number of contact person.
A.8 Inquiries and Requests for Clarification

A.8.1 In an effort to maintain fairness in the process, inquiries concerning this procurement,
including questions related to technical issues, are to be directed through email to the
following contact. Questions over the phone will not be accepted.
Contact: Joel Staker
Title: Information Systems / Network Manager
Email: jstaker@ci.carmel.ca.us
A.8.2 All questions concerning the RFP must reference the RFP page number, and section
heading. Questions will be answered and posted to the City’s website in the form of an
addenda to the RFP. When addenda are issued, all firms that have registered as a
proposer will be notified through email.
A.8.3 Inquiries or requests for clarification submitted prior to July 21, 2016 at 4:00 PM (PDT)
will be addressed at the pre-proposal vendor conference (and posted online).
A.9 Pre-Proposal Conference

A pre-proposal vendor conference will be held at the City of Carmel-by-the-Sea City Hall and
will last approximately one hour. Attendance at the pre-proposal conference is not mandatory.
The City will also provide the option for proposers to participate in the pre-proposal conference
by phone. Proposers are asked to register for the pre-proposal conference and provide contact
information for attendees. Proposers intending to participate in the pre-proposal conference by
phone should request call-in information when registering. Answers to questions submitted
prior to the conference by the deadline indicated on the procurement schedule will be
documented and distributed to everyone in attendance at the beginning of the Pre-proposal
conference. Answers will be emailed to any proposers participating by phone.
A.10 Procurement Schedule
The City reserves the right to change the procurement schedule. If changes are made,
proposers will be notified by the City in the form of an addendum to this RFP, emailed directly to
all registered proposers and posted on the City’s website http://www.ci.carmel.ca.us/
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Procurement Schedule
July 8, 2015 RFP released
July 21, 2015 Pre-proposal question deadline (4:00 PM PDT)
July 28, 2015 Pre-proposal conference – (10:00 AM PDT)
August 5, 2016 Proposals due/Opened – (10:00 AM PDT)
August 8, 2016 Proposers notified for software demonstrations
Week of August 15, 2016 Software demonstrations
August 22, 2016 Proposers notified and additional discovery sessions scheduled
August 26, 2016 Discovery sessions completed as applicable
Week of September 5 , 2016 Notice of Intent to Award
September 13, 2016 Award of contract by City Council
September 14, 2016 - December 2016 Finalize contract and commence Implementation
A.10.1 Software demonstrations will be held on-site at City facilities and will cover all functional
areas listed in this RFP. To avoid unnecessary delays, the City expects that proposers
will be available for management software demonstrations and on-site Discovery
sessions on the dates identified on the procurement schedule. Proposers that cannot
demonstrate their software during the dates prescribed by the City may be eliminated.
Software demonstrations will focus on management software, however it will also cover
hardware capabilities and implementation. The City reserves the right to change the
dates as needed.
A.10.2 Discovery sessions will consist of an additional on-site meeting with proposers to focus
on implementation issues as needed. It is the expectation of the City that all key project
team members will be available for the on-site Discovery sessions.
A.11 Evaluation Criteria
The City will review all proposals received as part of a documented evaluation process. The
City will evaluate each proposer according to specific criteria and then will elevate proposers to
the next level based upon the result of this evaluation. The sole purpose of the proposal
evaluation process is to determine which solution(s) best meets the City’s needs. The criteria
that will be used to evaluate proposals may include, but are not limited to the following:
A.11.1 Proposal Evaluation
A. Hardware Capabilities
B. Implementation Approach
C. Physical to Virtual Conversion Plan
D. Training Plan
E. Project Management Approach/Plan
F. Past Experience with Similar Organizations and References
G. Overall Understanding of the City’s Needs and Project Risk Mitigation
H. Integration of System
I. Cost
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A.11.2 Software Demonstrations

A. Software demonstrations (Evaluation of software including system wide features
such as system management, reporting, security, ease of use, etc. and ability to
meet the City’s needs)
B. Implementation Approach
A.11.3 Discovery
A. Software – Ability of software to meet the City’s needs
B. Project Team Experience
C. Implementation Roles and Responsibilities
D. Implementation Schedule
E. Ongoing Support for the System
F. Compliance with City contract terms (See Section D)
The City reserves the right to determine the suitability of proposals on the basis of any or all of
these criteria or other criteria not included in the above list. Proposals will be scored separately
for each of the scope options.
A.12 Proposal Submission Instructions

A.12.1 Proposals are to be submitted in sealed packages with the name and address of the
Proposer and clearly marked on the exterior of the envelope or box “Proposal for
Server System”.
A.12.2 Proposals shall be submitted by the deadline to:
US Post Office: OR UPS/FedEx/ Hand Delivery:
City of Carmel-by-the-Sea City of Carmel-by-the-Sea
Carmel City Hall Carmel City Hall
Attn: City Clerk Attn: City Clerk
PO Box CC Eastside Monte Verde between Ocean & 7th Avenues
Carmel-by-the-Sea, CA 93921 Carmel-by-the-Sea, CA 93921
A.12.3 Proposers are required to separate their proposals into two sections, a technical
proposal and a price proposal.
 Proposers are required to submit FIVE (5) hard copies and ONE (1) copy of the
technical proposal non-bound and suitable for being copied by City staff in a sealed
package that is clearly labeled with the proposer’s company name, the RFP name
and the words “Technical Proposal”. Hard copies of the technical proposal must
include a submittal letter signed by an authorized agent of each firm involved in the
proposal. The letter should include appropriate contact information for each firm.
 Proposers are required to submit FIVE (5) hard copies and ONE (1) copy of the price
proposal non-bound and suitable for being copied by City staff in a sealed package,
clearly labeled with the proposer’s company name, the RFP name and the words
“Price Proposal”.
A.12.4 Proposals are due by 10:00 A.M. PDT on August 5, 2016. The City Clerk shall record
the date and time received on the exterior of the envelope or box. Proposals shall be
opened in public at 10:00 A.M. PDT on August 5, 2016. Proposers do not need to be in
attendance for the opening. The City will then review proposals based upon the
evaluation criteria in A.11.
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A.12.1 Late proposals will not be accepted. Corrections and/or modifications received after the
closing time will not be accepted. Emailed proposals will not be accepted.
A.12.2 Failure to comply with the requirements of this RFP may result in disqualification.
Proposals received subsequent to the time and date specified above will not be
considered. Please note the following as part of the submittal process.
A.12.3 Signature of the proposal by the proposer constitutes acceptance by the proposer of
terms, conditions, and requirements set forth herein.
A.12.4 Use the Submittal Checklist (Attachment 2) to ensure that all required documents,
forms, and attachments have been completed and submitted as instructed.
A.12.5 By submitting a proposal, the proposer is providing a guarantee to the City that, if
chosen, it will be able to provide the proposed products and services during the period
of time discussed in the RFP.
A.12.6 Upon submission, all proposals shall be treated as confidential documents until the
selection process is completed. Once the notice of intent to award is issued by the City,
all proposals and any subsequent contract, shall be deemed public record per the
California Government Code Sections 6250-6270,”California Public Records Act.”
Propriety material must be clearly marked as such. Proposer must clearly identify the
sections of the proposal with the word “confidential” printed on the top right corner of
each page for which privilege is being claimed and each page shall be easily separated
from the proposal in order to allow public inspection of the non-confidential portions of
the proposal. The city will consider a proposer’s request for exemption from disclosure;
however, the City will make its decision based upon applicable law.
A.13 Organization of Proposal
The proposal must be organized into the following major sections. Specific instructions for each
section are provided in Section B of this RFP. Any required attachments must be included in
the proper section as indicated by the instructions.
Section
Number Section
1 Cover Letter, Executive Summary and Checklists
2 Overview of Proposed System/Scope of Services
3 Company Background
4 Client References
5 Proposed Hardware, Management Software and Computing Environment
6 Implementation
7 Training
8 Maintenance and Support Program
9 Exceptions to the RFP
10 Additional Documents
11 Cost (TO BE SUBMITTED UNDER SEPARATE COVER)
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Section B: Detailed Submittal Requirements

So that competing proposals can be compared equally, proposers must assemble their
proposals in strict adherence to the layout requirements identified in Section A.13. Failure to
follow all proposal layout requirements may result in disqualification. Proposals should be
prepared as simply as possible and provide a straightforward, concise description of the
proposed products and services to satisfy the requirements of the RFP. Attention should be
given to accuracy, completeness, relevance, and clarity of content. Proposals must address the
following questions and contain the following Sections.
B.1 Cover Letter, Executive Summary and Checklists

B.1.1 Cover letter must be completed and included as the first page of the proposal. The
cover letter must be on the proposer’s official business letterhead stationery and be
signed by an individual that is authorized to bind the firm contractually. Please include
 Proposer’s name and address
 Contact person’s name
 Contact person’s telephone, fax and email
B.1.2 Executive Summary shall not exceed five (5) pages and should summarize the
proposal by providing salient features of the proposal as noted below. Avoid technical
jargon as much as is feasible and do not include pricing or cost information.
 The proposer’s background and qualifications, including all subcontractors, for
providing hardware, software and services in a small city;
 A discussion that demonstrates that the proposer understands the purpose of the
RFP and the City’s goals, outcomes and objectives and operating/business needs;
 A summary of the proposed solution, the proposer’s assumptions and how the
solution meets the City’s needs;
 An overview of the proposed system architecture, operating systems and application
software and a detailed description of the benefits that can be expected by
implementing the proposed solution/system; and
 Description of the City’s role and responsibilities in implementing the proposed
solution
B.1.3 Checklists should be completed and include

 RFP Checklist (Attachment E.1)
 Signature Page (Attachment E.2)
 Addendum Acknowledgement Form (Attachment E.3)
B.2 Scope of Services

(Proposal Section 2.0) This section of the proposal should include a general discussion of the
proposer’s overall understanding of the project and the scope of work proposed including the
following:
B.2.1 Overall solution approach should include a discussion regarding the approach to
working with the City and include the following items:
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 The suggested organizational structure for the project, including both proposer’s
staff, and subcontractors/sub consultants to be used by proposer, and City staff,
identify the roles each would play, and the effort involved In these roles and skills
necessary to satisfy these roles
 Shared risk, meaning how the firm proposes to work together with the City as a
team to minimize risk to the project
 Partnering, meaning how the firm proposes to work with other vendors whose
solutions the City may implement as part of the ERP
B.2.2 For each firm identified as having a role in the implementation explain the following:
 Role of the firm in the project
 Statement about whether the primary proposer’s contract will/will not encompass
the third-party product/service and/or whether City will have to contract on its
own for the product/service
B.2.3 List and describe all major hardware components. Proposer must explicitly state the
product, software versions and releases that are proposed as well as any related
hardware or software that is required, including make, model and configuration.
B.2.4 Thoroughly describe ability of system to respond to common system problems and
failures up to and including a single site failure that would trigger a disaster recovery
scenario.
B.3 Company Background
(Proposal Section 3.0) Each proposal must provide information about any firm involved with
this proposal including the software vendor, implementation vendor, and/or any third party
vendors so that the City can evaluate the proposer’s stability and ability to support the
commitments set forth in response to the RFP. The City, at its discretion, may require a
proposer to provide additional supporting documentation or clarify requested information.
B.3.1 Complete the attachment number E.4 (Company Background) for each firm included in
the proposal.
B.4 Client References

(Proposal Section 4.0) The City considers references for the hardware, software and
implementation services to be an important part of its decision-making process to award a
contract. Proposers should assume that all provided references will be contacted. The name(s),
phone numbers, and email addresses of the project manager or person with broad knowledge
of the project for each reference must be listed. Failure to provide this information may result in
the proposer not being elevated. The City reserves the right to contact additional clients for
references, if deemed necessary.
B.4.1 Complete the attachment number E.5 (Client Reference). Using the form attached to
this RFP, proposer should provide three (3) public sector client references. Ideally,
references should be similar in size to the City and have a similar implementation
scope.
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B.5 Proposed Hardware, Management Software and Computing Environment

(Proposal Section 5.0) The proposer must present, in detail, features and capabilities of the
proposed hardware, management application software and technical environment.
B.5.1 Describe the proposed level of integration that exists between proposed third party
products and the base hardware and software.
B.5.2 Describe tools that are proposed or available with the software for integrating the
proposed system with third party applications in use at the City. Backup systems, anti-
virus systems and Active Directory are some examples of such systems.
B.5.3 Describe the network environment necessary to take advantage of proposed system’s
capabilities.
B.5.4 Describe the physical environment necessary for this hardware by completing the
attachment number E.6 (Technical Specifications)
B.5.5 (OPTIONAL) Describe proposed services for remote backup and recovery, if
applicable, including:
• Information on the specific compatible hosting services
• Service desk support services including help desk
• Operational support services
• Disaster recovery capabilities
• Impact to City network and bandwidth
• Annual cost estimate based on 10TB of required storage
B.5.6 Explain service levels that are used to guarantee performance for the City through the
proposed agreement; describe tiered level of service if any, response time and standard
metrics
B.5.7 Describe support model, including cost structure, for support calls.
B.6 Implementation Plan

(Proposal Section 6.0) This section should describe the proposed implementation plan.
B.6.1 Provide a detailed plan for implementing the proposed system. This information must
include:
 Proposed phasing for roll-out of proposed system
 Proposed plan for converting physical servers to virtual servers.
 Explanation of advantages AND risks associated with this plan
B.6.2 Explain the proposed methodology for implementation. This information must include
 Overview of key implementation phases or activities
 Description of key deliverables
 Overview of the approach to system improvement including a description of
specific proposed services and or capabilities that will be provided to help ensure
the City adopts best practices
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B.6.3 Explain the proposed vendor staffing for the project including:
 How many staff will the vendor have assigned to the project
 Approximate dedication to the project of each resource and approximate time
work will be completed on-site vs. off-site.
 Major roles and responsibilities for each key phase and activity for
implementation.
B.6.4 Provide project team resumes for key members of the implementation team expected to
be on the City’s project. It is understood that assigning resources at this point may be
difficult, however resumes provided should at least be representative of the staff that
would make up the City’s project team. (Note: During Discovery, implementation firms
will be expected to identify and confirm project team resources.)
B.6.5 Explain proposed project management services including:
 Role of the vendor project manager
 Role of the City project manager
 Proposed project status reports format and process
 Proposed quality assurance procedures
 A description of how the project manager will ensure that the City’s goals (for
both system implementation and business process improvement) are met
through this project
B.6.6 Explain the expected City staffing for the project including:
 Number of resources
 Key responsibilities for each resource
 Assumed participation in the project (average portion of FTE). This should
include all time spent working on the project (including time spent with and
without vendor consultants)
 Assumptions about prior skills / competencies of resources
B.6.7 Complete the attachment number E.8 (Staffing) and provide resumes as applicable.
B.7 Training Plan
(Proposal Section 7.0) This section should include the proposed knowledge transfer and
training plan and a description of all products and services proposed to train City IT staff.
B.7.1 Provide an overview of proposed training plan/strategy, specifying how and when
training is to be delivered for both on-site and off-site training and web training services
for the core project team and technology personnel (if required).
B.7.2 Explain any roles and responsibilities the City is expected to provide for the training
effort including, but not limited to, training coordination, training material development,
training delivery, etc.
B.7.3 Explain your approach for ensuring a successful transition to the new system.
B.8 Maintenance and Support Program
(Proposal Section 8.0) The proposal must specify the nature of any post-implementation and
on-going support provided by the vendor including:
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B.8.1 Include explanation of approach to maintenance and support, including:

 Tiers of service, if any
 Help desk hours and policies
 Response times and other information to provide a complete picture of how the firm
proposes to provide ongoing support for the City under a maintenance/service level
agreement
B.8.2 Complete the attachment number E.9 (Maintenance and Support)
B.9 Exceptions to the RFP

(Proposal Section 9.0) All requested information in this RFP must be supplied. Proposers may
take exception to certain requirements in this RFP. All exceptions shall be clearly identified in
this section, and a written explanation shall include the scope of the exceptions, the
ramifications of the exceptions for the City, and the description of the advantages or
disadvantages to the City as a result of exceptions.
B.10 Sample Documents

(Proposal Section 10.0) Proposers should include sample copies of the following documents.
Although they are sample forms, the documents must contain all material terms so that the City
can fairly evaluate the proposer’s forms.
B.10.1 Sample software licensing agreement

B.10.2 Sample maintenance agreement
B.10.3 Sample implementation services agreement
B.10.4 Sample hosting agreement as applicable
B.10.5 Sample implementation project plan
B.10.6 Sample Training Plan
B.10.7 Sample agreements from proposed third party vendors if the City will be required to
contract directly
B.11 Cost Proposal

(Proposal Section 11.0): TO BE SUBMITTED UNDER SEPARATE COVER. Proposers
should submit their cost proposal in a separate and sealed packet according to the format
provided in Attachment 10 (Cost) to this RFP. Do not cite cost anywhere else in the proposal in
order to prevent evaluators from viewing this information. The City’s Evaluation Team will review
cost proposals after evaluating the non-cost information in the technical proposal and prior to
selecting proposers for software demonstrations.
B.11.1 Complete and submit the attachment number E.10 (Costs)

 It is important that proposers use the format presented in this RFP even if an
additional format is provided. Attachment 10 (Cost) should include total price for
all hardware, software, services, and additional costs to acquire all hardware,
software and services referenced in the proposal including third party prices. If
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third party products or services are included, do not provide separate version of
Attachment 10 (Cost) for each third-party product.
 Do NOT use “To Be Determined” or similar annotations for cost estimates. The
City is asking proposers to estimate prices and hours for all categories with the
understanding that they may have to make assumptions. Such assumptions
should be stated. Proposers may submit additional pricing sheets as an
addendum to the cost template; however the cost template MUST be completed.
 The City may award a purchase contract, based on initial offers received without
discussion of such offers. A proposer’s initial offer should, therefore, be based on
the most favorable terms available. The City may also request revised pricing
offers from proposers, and/or enter into contract negotiations thereafter.
 Proposers must submit implementation costs as fully loaded rates that include all
necessary travel.
 The City will require fixed maintenance fees for five (5) years following
implementation.
Section C: Scope of Project
C.1 Project Scope

The scope of the project includes the hardware, software and implementation services to
provide the functions and features defined by the requirements listed below.
Scope Required
• Solution should be scalable as storage and compute needs grow without needing to
make major compute/storage capital expenditures
• Shall be “out of the box” compatible with VMWare ESXi, Microsoft Hyper-V and KVM
hypervisors.
• Must provide a Distributed Data Maintenance Service
• Must provide high performance by exposing storage resources (i.e., direct attached SSD
and HDD) on the same host as the guest virtual machines making requests.
• Local Storage controllers should serve as backups to each other to ensure uptime and
data protection.
• Automated tiering (including RAM cache, flash read/write, HDD read/write)
• Tiering must occur in real-time and elevate data into the flash and RAM tier based on
access patterns.
• Thin provisioning of both storage containers and virtual machine hard disks
• Rapid virtual machine cloning
• Native storage level snapshots with no impact to guest performance
• Distributed caching of vDisks or virtual machine data providing local read access to
vDisks in multi reader situations. This feature must not require any manual configuration
and be provided natively at the storage layer.
• Compression (configurable as Inline or Post-Process)
• Deduplication spanning all storage including RAM, flash and HDD.
• Data redundancy policies that provide options for single host failure and simultaneous
host failure with no impact to data availability.
• VM Level site-to-site replication
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• Support for automated upgrades of storage controllers through management GUI with
no downtime to virtual machines.
• Must provide storage and compute metrics at a per VM level as well as health and
monitoring of entire platform.
• Must provide capability to restrict interactive shell access
• Must support a centralized console that allows viewing and administration of multiple
sites and clusters for a single console with single sign-on (SSO)
• Platform must provide connectivity for centralized monitoring via SNMPv3 and email
alerting via SMTP.
• Shall distribute data intelligently across all nodes and disks so disks in each storage tier
fill at approximately the same rate and handle equal amounts of I/O.
• Shall be capable of adding additional combined server and storage components
seamlessly, with no downtime, to scale performance and capacity on demand. This
capability should be present within the management console.
• Shall be capable of creating snapshots of virtual machines and maintaining multiple
copies of snapshots.
• Shall provide high availability, load balancing and remote access
• Shall provide automatic failover for hardware failure
• Failover capabilities should be automated and minimize administrator interaction.
• Shall include 24x7x365 infrastructure maintenance and support for all hardware and
software components of the proposed solution.
• Shall include 24x7x365 software maintenance and support for all software components
of the proposed solution, including updates and patches as well as technical support
available via telephone, email, and web during all hours (24 hours per day, 365 days per
year).
C.2 Project Staffing

The City will make every effort to staff the project appropriately and understands that staffing a
project is key to its success. However, having a small staff, dedicated project team staffing will
be difficult. The City may seek an outside consultant to help with implementation efforts.
C.3 Statement of Work

The City will require the development of a detailed statement of work, including a high-level
project plan, prior to contract signing. The statement of work will include at least the following
and may include additional items the City deems necessary:
 Project Scope
 Phase details
 Project resources
 Project roles and responsibilities
 Project change control procedures
 Time commitments and project timelines
 High level project plan
Except as otherwise explicitly stated in the Agreement, the vendor will furnish all labor,
materials, equipment, products, tools, transportation, and supplies required to complete the
services. Any additional services not identified in the Agreement will be mutually agreed to in
writing by each party through a change order process.
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C.4 Project Schedule

The City expects a project start of October 2016. However proposers should recommend a
proposed phasing and timeline that is the best for the City.
C.5 Number of Users

Proposers should use the anticipated user counts to appropriately license any proposed
software (if required) and to propose the appropriate training services to prepare City staff for
using the system.
C.6 System Conversion

For purposes of determining level of effort for conversion, proposers should assume that the
City wishes to convert the all of the physical servers currently in use to virtual servers as
applicable.
C.7 Technical Standards

Current Technology Standards
Computing Systems Preference Standard

(Existing)
Desktop Operating Systems Windows 7 Windows 7
Server Operating Systems Windows Server Windows Server

2012 2012
Hardware
Server Vendor None Dell
Virtual Server KVM, VMWare, Microsoft Hyper-V
Hyper-V
Authentication
Network Authentication MS Active Directory MS Active Directory
Network
Network Infrastructure 10 Gig Ethernet 1 Gig Ethernet
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Section D: Contract Terms and Conditions
Attachment number E.11 (Contract Terms and Conditions) includes the City’s standard contract
terms and conditions that the City expects to be part of an agreement with the selected
proposer(s). Indicate your willingness to comply with each condition by noting any exceptions
per the instructions in section B.9 of this RFP.
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Section E: Attachments
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E.1 Attachment 1 (RFP Submittal Checklist)

Submittal Checklist
Section Item Vendor Response Section Title Vendor
Response
Begins
on Page
B.1 Cover letter, Executive Summary and
Checklist (Attachments 1-3)
E.1 Attachment 2- RFP Checklist
E.2 Attachment 3- Addendum
Acknowledgement Form
B.2 Scope of Services
B.3 Company Background
E.4
E.4 Attachment 4 (Company

Background)
B.4 Client References
E.55 Attachment 5- Client Reference Form
B.5 Proposed Hardware, Management
Software and Computing Environment
E.6 Attachment 6-Technical Specification
E.7 Attachment 7- Alternative Delivery
Options
B.6 Implementation Plan
E.8 Attachment 8- Key Personnel/Staffing
and Resumes
B.7 Training Plan
B.8 Maintenance and Support Program
E.9 Attachment 9- Maintenance/Support
B.9 Exceptions to the RFP
B.10 Sample Documents
B.11 Cost
E.10 Attachment 10- Cost
D.1 Contract Terms and Conditions
E.11 Attachment 11- Standard Contract
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E.2 Attachment 2 (Signature Page)
The undersigned proposer, having examined this RFP and having full knowledge of the
condition under which the work described herein must be performed, hereby proposes that the
proposer will fulfill the obligations contained herein in accordance with all instructions, terms,
conditions, and specifications set forth; and that the proposer will furnish all required
products/services and pay all incidental costs in strict conformity with these documents, for the
stated prices as proposed.
Proposer/Firm Name Address City State Zip
Authorized Representative Address City State Zip

Name and Title
Authorized Representative Email Address Phone-Office Fax

Phone-Mobile
Signature__________________________________________ Date ______________________
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E.3 Attachment 3 (Addendum Acknowledgement Form)

This page is used to acknowledge any and all addenda that might be issued. Any addendum
issued within five days of the solicitation due date, will include a new due date to allow for
addressing the addendum’s issues. Your signature indicates that you took the information
provided in the addendums into consideration when providing your complete response.
Please sign and date

ADDENDUM NO. 1 Acknowledgement
Signature Date

Signature Date

Signature Date

Signature Date

Signature Date
If no addenda were issued, please indicate below, sign the form and return with your
response.
_____________________________________________
Proposer/Firm
_____________________________________________
Authorized Signature
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E.4 Attachment 4 (Company Background)

Complete one form for each firm included in the proposal.
Company Background
Company Name:
Location of corporate headquarters:
Location of nearest office/location to the City:
Proposer Experience
Number of years in business:
Number of years providing systems/services to
public sector:
Customer Base:
Number of public sector clients, including
number in California
Number of local government clients
Number of clients on current version (specify
version)
Market Focus:
Identify other industries serviced
User Group:
Identify national and regional user groups
Explain the purpose and function of user groups
Organization Characteristics:
Number of Employees: If Proposer is a
subsidiary, identify # of employees in proposing
company/division
Total Revenue: If Proposer is a subsidiary,
identify revenues of proposing company/division
Ownership: Privately held? Publicly traded?
Parent Company?
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E.5 Attachment 5 (Client References)

Please provide at least three (3) public sector references for the software that most closely
reflect consulting projects that are similar to the City’s scope of work These references should
be sites where the proposed software was installed and has been FULLY IMPLEMENTED and
is "live.” Please use the following format in submitting references.
GENERAL BACKGROUND
Name of Client:
Project Name: __________________________________________________________
Proposer’s Project Manager Name and Title: ___________________________________
CLIENT CONTACT INFORMATION
Name and Title: ____________________________________________________________

Organization: ______________________________________________________________
Address: ___________________________________________________________________
Phone Number: _______________________________ Email: _________________________
Number of Employees: Size of Operating Budget:
Contract Dates (From-To): __________________________ Contract Value: $____________
Project Scope
Summary of Project Scope & Tasks:
TECHNOLOGY INFORMATION
Hardware, Software, Other Technology Installed/Integrated:
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E.6 Attachment 6 (Technical Specifications)

Technical Specifications
Technology Architecture
Power Requirements
Redundant power supported?
Optimal and minimum network requirements
Optimal and minimum management database requirements
Space requirements
Guaranteed minimum IOPS
Which virtual platforms are supported?
Host based anti-virus capabilities
Security
Does system have built-in firewall capabilities?
Does system support SSO?
Does system support active directory?
Network Requirements
What are bandwidth capabilities?
How many uplink ports are required on core switch
equipment?
What type of core switch interfaces are supported?
Do network ports support bi-di fiber connections?
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E.7 Attachment 7 (Supplementary Disaster Recovery Options)

*Attach additional pages if necessary
Alternative/Supplementary Disaster
Recovery Options
Contract
Describe any minimum contract periods
(example: Minimum of 5 year)
Proposed Services
Describe proposed disaster recovery services
Security
Describe security including firewalls,
authentication, and architecture of data center
Describe network level security
Describe physical security of data center
Describe data center security policies
including background checks on employees
and other measures to protect confidentiality
and sensitivity of City’s data
Support
Describe operations support
Describe back up procedures and testing of
backups and other quality assurance
processes to ensure the backup is working
correctly.
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E.8 Attachment 8 (Personnel/Staffing)

The Proposer shall include the names and detailed resumes of all proposed contractor key
personnel, including references for the work performed by each of the staff. The Proposer must
fill out the table below and include detailed resumes in a consistent format with the submittal.
Proposed Contractor Personnel

Name
Position Title
Key Position as Specified in the RFP
Project Manager Experience Desired Actual Proposed Managers Relevant

Years Years Experience
Worked as Project Manager 5
on comparable projects
Experience directing and 5

overseeing all phases of
Server Hardware Migration
including moving to virtual
environment.
Experience managing projects 3
similar or larger in scope as
the project identified within
this RFP
Experience managing a team 3
of 5 people or more
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E.9 Attachment 9 (Maintenance and Support)

Proposed Maintenance and Support
Post-implementation Support:
Days of on-site support after go-live
Other on-site support after go-live (month
end, quarter end, year end, open enrollment,
etc.)
Support Options:
Support Packages Offered (Bronze, Silver,
Gold, etc.)
Support Package Proposed
Other Support:
Remote desktop support
Additional on-site support
Telephone Support:
Hours available (and time zone)
Problem Reporting and Resolution
Procedures
Response time for various levels of severity
User Groups:
Local User Group
User Group Members (number)
Third Parties:
Support provided for third party products?
Upgrades/Patches:
Upgrade Frequency (major and minor
releases)
How are upgrades delivered?
Are upgrades required?
How many versions are currently supported?
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E.10 Attachment 10 (Cost)- Submit Under Separate Cover

Proposer Name: _________________________________
1. One-time Costs
Description Proposed Price
Estimated Hardware Acquisition Cost
Proposed Software Licensing Fees
Third Party Software (i.e. operating system,
databases, reporting tools)
Application Development/Customization
Installation/Implementation
Project Management
Training, including all materials
Travel expenses
Other One-Time Costs
Total One-Time Costs
2. Hardware
Description (Make, Model, Configuration) Proposed Price
Other One-Time Costs

Total Costs
3. Software (Product, Version, Release)

Total Costs
4. Travel Expenses
Total Costs
5. Other One-Time Costs
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Description (enhancements, additional Proposed Price

modules, communications, etc.)
Total Costs
6. Reoccurring Annual Costs

Description (maintenance and support Proposed Price
fees, etc.)
Total Costs
7. Other Value-Added Services

Total Costs
8. Optional Services- Hourly Rates

Position/Role Hourly Rate
Total Costs
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E.11 Attachment 11 (Contract Terms and Conditions)
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CITY OF CARMEL-BY-THE-SEA
AGREEMENT FOR CONTRACTOR SERVICES
Contractor name
Project Service
Contract #
THIS AGREEMENT FOR CONTRACTOR SERVICES is made and effective as of

___________, 2016, between the City of Carmel-by-the-Sea, a municipal corporation ("City")
and ___________________, a ___________, ("Contractor") whose current and valid
Contractor’s License #_____________, as duly issued by the California Department of
Consumer Affairs. In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM
This Agreement shall commence on _____________ and shall remain and continue in
effect until tasks described herein are completed, but in no event later than
____________________, unless sooner terminated pursuant to the provisions of this
Agreement.
2. SERVICES
Contractor shall perform the tasks described and set forth in Exhibit "A", attached hereto
and incorporated herein as though set forth in full. Contractor shall complete the tasks
according to the schedule of performance which is also set forth in Exhibit "A". Exhibit A may
include any Scope of Work, Plans, Specifications and other related documents specific to the
services to be provided by Contractor.
3. PERFORMANCE
a) Contractor shall at all times faithfully, competently and to the best of his/her ability,
experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum,
generally accepted standards and practices utilized by persons engaged in providing similar
services as are required of Contractor hereunder in meeting its obligations under this Agreement.
b) Contractor shall conform to the rules and regulations pertaining to safety established by
the California Division of Industrial Safety. Contractor further agrees to take all necessary
precautions for the safety of employees and shall comply with all applicable provisions of federal,
state and local regulations, ordinances and codes. The Contractor shall be responsible for
erecting and properly maintaining at all times as required by the conditions and progress of the
work, all necessary safeguards for the protection of workers and the public and shall post danger
signs warning against known or reasonably foreseeable or unusual hazards.
c) Contractor acknowledges that it is familiar with City's policies for the protection of trees
and agrees to take all reasonable precautions to protect trees not subject to trimming or removal
from damage which might be cause during the work to be performed. (See Carmel-by-the-Sea
Municipal Code Chapter 12.28).
d) At all times during the term of this Agreement, Contractor shall have in full force and
effect, all licenses required of it by law for the performance of the services described in this
Agreement.
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e) The Contractor will obtain a valid City Business License and shall maintain said Business
License for the term of this Agreement and any extensions.
f) Contractor shall keep itself informed of State and Federal laws and regulations which in
any manner affect those employed by Contractor or in any way affect the performance of its
service pursuant to this Agreement. Contractor shall at all times observe and comply with all such
laws and regulations. City, and its officers and employees, shall not be liable at law or in equity
occasioned by failure of Contractor to comply with this Section.
g) Contractor agrees to comply with all of the applicable provisions of Sections 1777.5 and
1777.6 of the Labor Code, which Sections are hereby specifically referred to, incorporated herein
by reference and made a part hereof as though set forth at length herein.
h) Contractor agrees that in the performance of this Agreement or any sub-agreement

hereunder, neither Contractor nor any person acting on Contractors behalf shall refuse to employ
or refuse to continue in any employment any person on the basis of race, religious creed, color,
national origin, ancestry, physical handicap, medical condition, marital status, sexual preference,
sex or age. Harassment in the workplace is not permitted in any form. Contractor further agrees
to comply with all laws with respect to employment when performing this Agreement.
i) Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit "D" attached to and part of this To insure performance,
Contractor and any sub-contractor must provide Faithful Performance and Labor and Material
Bonds in favor of City, each in the amount of one hundred percent (100%) of the value of the
contract.
j) Contractor declares and warrants that no undue influence or pressure is used against or
in concert with any officer or employee of the City of Carmel-by-the-Sea in connection with the
award, terms or implementation of this Agreement, including any method of coercion, confidential
financial agreement or financial inducement. No officer or employee of the City of Carmel-by-the-
Sea will receive compensation, directly or indirectly, from Contractor, or from any officer,
employee or agent of Contractor, in connection with the award of this Agreement or any work to
be conducted as a result of this Agreement. Violation of this Section shall be a material breach
of this Agreement entitling City to any and all remedies at law or in equity.
4. CONTENTS OF REQUEST FOR PROPOSAL AND PROPOSAL

Contractor is bound by the contents of City's Request for Proposal, Exhibit "D" hereto
and incorporated herein by this reference, and the contents of the proposal submitted by the
Contractor, Exhibit "E" hereto. In the event of conflict, the requirements of City's Request for
Proposals and this Agreement shall take precedence over those contained in the Contractor's
proposals.
5. CITY MANAGEMENT
City Engineer/Public Works Services Manager shall represent City in all matters
pertaining to the administration of this Agreement, review and approval of all products submitted
by Contractor, but not including the authority to enlarge the Tasks to Be Performed or change
the compensation due to Contractor. City's City Administrator, shall be authorized to act on
City's behalf and to execute all necessary documents which enlarge the Tasks to Be Performed,
or change Contractor's compensation subject to Section 6 hereof.
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6. PAYMENT
(a) City agrees to pay Contractor monthly, in accordance with the payment rates and
terms and the schedule of payment as set forth in Exhibit "B", attached hereto and incorporated
herein by this reference as though set forth in full, based upon actual time spent on the above
tasks. This amount shall not exceed _____________________ ($____________) which sum
shall include all costs, if any, for the total term of the Agreement unless additional payment is
approved as provided in this Agreement.
(b) The City Administrator's contract authority is limited to a total threshold of
$24,999.00 which includes all costs. Contracts, including any contract amendments that exceed
the total threshold, require City Council approval. Any contracts, including contract
amendments that exceed the total threshold, which do not have City Council approval, shall be
void.
(c) Contractor will submit invoices monthly for actual services performed. Invoices
shall be submitted on or about the first business day of each month, or as soon thereafter as
practical, for services provided in the previous month. Payment shall be made within thirty (30)
days of receipt of each invoice as to all non-disputed fees. If the City disputes any of
Contractor's fees it shall give written notice to Contractor within thirty (30) days of receipt of an
invoice of any disputed fees set forth on the invoice.
7. INSPECTION
City shall at all times have the right to inspect the work and materials. Contractor shall furnish all
reasonable aid and assistance required by City for the proper examination of the work and all
parts thereof. Such inspection shall not relieve Contractor from any obligation to perform said
work strictly in accordance with the specifications or any modifications thereof and in compliance
with the law.
8. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE

(a) The City may at any time, for any reason, with or without cause, suspend or
terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10)
days prior written notice. Upon receipt of said notice, the Contractor shall immediately cease all
work under this Agreement, unless the notice provides otherwise. If the City suspends or
terminates a portion of this Agreement such suspension or termination shall not make void or
invalidate the remainder of this Agreement.
(b) In the event this Agreement is terminated pursuant to this Section, the City shall
pay to Contractor the actual value of the work performed up to the time of termination, provided
that the work performed is of value to the City. Upon termination of the Agreement pursuant to
this Section, the Contractor will submit an invoice to the City pursuant to Section 6(c).
9. DEFAULT OF CONTRACTOR
(a) Contractor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event that Contractor is in default for cause under the terms of this
Agreement, City shall have no obligation or duty to continue compensating Contractor for any
work performed after the date of default and can terminate this Agreement immediately by
written notice to Contractor. If such failure by Contractor to make progress in the performance
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of work hereunder arises out of causes beyond Contractor's control, and without fault or
negligence of Contractor, it shall not be considered a default.
(b) If the City Administrator or his/her delegate determines that Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he/she shall
cause to be served upon Contractor a written notice of the default. Contractor shall have ten
(10) days after service upon it of said notice in which to cure the default by rendering a
satisfactory performance. In the event that Contractor fails to cure its default within such period
of time, City shall have the right, notwithstanding any other provision of this Agreement, to
terminate this Agreement without further notice and without prejudice to any other remedy to
which it may be entitled at law, in equity or under this Agreement.
10. OWNERSHIP OF DOCUMENTS
(a) Contractor shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts, and other such information required by City that relate to the
performance of services under this Agreement. Contractor shall maintain adequate records of
services provided in sufficient detail to permit an evaluation of services. All such records shall
be maintained in accordance with generally accepted accounting principles and shall be clearly
identified and readily accessible. Contractor shall provide free access to the representatives of
City or its designees at reasonable times to such books and records; shall give City the right to
examine and audit said books and records at ______________________; shall permit City to
make copies and transcripts there from as necessary; and shall allow inspection of all work,
data, documents, proceedings, and activities related to this Agreement. Such records, together
with supporting documents, shall be maintained at the City of Carmel-by-the-Sea City Hall for a
minimum period of three (3) years after receipt of final payment.
(b) Upon completion of, or in the event of termination or suspension of this
Agreement, all original documents, designs, drawings, maps, models, computer files, surveys,
notes, and other documents prepared in the course of providing the services to be performed
pursuant to this Agreement shall become the sole property of City and may be used, reused, or
otherwise disposed of by City without the permission of Contractor. With respect to computer
files, Contractor shall make available to City, at City's office and upon reasonable written
request by City, the necessary computer software and hardware for purposes of accessing,
compiling, transferring, and printing computer files.
11. INDEMNIFICATION
(a) Indemnification for Professional Liability. Contractor shall indemnify, protect,
defend and hold harmless City and any and all of its officials, employees and agents
(“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and
expenses, including attorney’s fees and costs to the extent same are actually caused in whole
or in part by any negligent or wrongful act, error or omission of Contractor, its officers, agents,
employees or sub -contractors (or any entity or individual that Contractor shall bear the legal
liability thereof) in the performance of professional services under this Agreement. With respect
to the design of public improvements, the Contractor shall not be liable for any injuries or
property damage resulting from the reuse of the design at a location other than that specified in
Exhibit "A" without the written consent of the Contractor.
(b) Indemnification for Other Than Professional Liability. Contractor shall indemnify
defend and hold harmless City, and any and all of its employees, officials and agents from and
against any liability (including liability for claims, suits, actions, arbitration proceedings,
administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind,
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whether actual, alleged or threatened, including attorneys’ fees and costs, court costs, interest,
defense costs, and expert witness fees), where the same arise out of, are a consequence of, or
are in any way attributable to, in whole or in part, the performance of this Agreement by
Contractor or by any individual or entity for which Contractor is legally liable, including but not
limited to officers, agents, employees or sub-contractors of Contractor.
(c) General Indemnification Provisions. Contractor agrees to obtain executed
indemnity agreements with provisions identical to those set forth here in this section from each
and every sub-contractor or any other person or entity involved by, for, with or on behalf of
Contractor in the performance of this Agreement. In the event Contractor fails to obtain such
indemnity obligations from others as required here, Contractor agrees to be fully responsible
according to the terms of this section. Failure of City to monitor compliance with these
requirements imposes no additional obligations on City and will in no way act as a waiver of any
rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the
successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or
this section.
(d) Indemnity Provisions for Contracts Related to Construction. Without affecting the
rights of City under any provision of this Agreement, Contractor shall not be required to
indemnify and hold harmless City for liability attributable to the active negligence of City,
provided such active negligence is determined by agreement between the parties or by the
findings of a court of competent jurisdiction. In instances where City is shown to have been
actively negligent and where City’s active negligence accounts for only a percentage of the
liability involved, the obligation of Contractor will be for that entire portion or percentage of
liability not attributable to the active negligence of City.
12. WARRANTIES
Contractor agrees that it will warrant all work performed and equipment supplied
hereunder for a period of one year or, in the case of equipment, for the period of the
manufacturer's warranty if such warranty be for a period longer than one year. Contractor shall
immediately correct all defective workmanship discovered within one year after acceptance of
final payment by it and shall indemnify and defend City against all loss and damage occasioned
by any such defect, discovered within said year, even though the damage or loss may not be
ascertained until after the expiration thereof. Nothing herein constitutes a waiver of City's rights
or any statute of limitations.
13. INSURANCE
Contractor shall maintain prior to the beginning of and for the duration of this Agreement
insurance coverage as specified in Exhibit "C" attached to and part of this Agreement.
14. INDEPENDENT CONTRACTOR
(a) Contractor is and shall at all times remain as to City a wholly independent
Contractor. The personnel performing the services under this Agreement on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control. Neither City
nor any of its officers, employees, or agents shall have control over the conduct of Contractor or
any of Contractor's officers, employees, or agents, except as set forth in this Agreement.
Contractor shall not at any time or in any manner represent that it or any of its officers,
employees, or agents are in any manner officers, employees, or agents of the City. Contractor
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner.
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(b) No employee benefits shall be available to Contractor in connection with the

performance of this Agreement. Except for the fees paid to Contractor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for City. City shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
(c) Any and all employees or sub-contractors of Contractor under this Agreement,
while engaged in the performance of any work or services required by Contractor under this
Agreement, shall be considered employees or sub-contractors of Contractor only and not of city.
Any and all claims that may arise under the Workers’ Compensation Act on behalf of said
employees or sub-contractors, while so engaged and all claims made by a third party as a
consequence of any negligent act or omission on the part of the Contractor’s employees or sub-
contractors, while so engaged in any of the work or services provided for or rendered herein shall
not be City’s obligation.
15. PREVAILING WAGE

It is further expressly agreed by and between the parties hereto that the general
prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work
in this locality for each craft, classification, or type of worker needed to execute this Agreement
is that ascertained by the Director of the Department of Industrial Relations of the State of
California, copies of which are on file in the Office of the City Clerk and the Department of Public
Works, which shall be made available to any interested party on request, which said rates are
hereby made a part hereof, incorporated herein by reference as though set forth in full. The
holidays upon which such rates shall be paid shall be all holidays recognized in the collective
bargaining agreement applicable to the particular craft, classification or type of worker employed
on the Project.
Pursuant to Senate Bill 222 City is required to withhold from any progress payments
owed to a contractor any amount that has been forfeited as penalties, or as wages owed to
employees who have not been paid the prevailing wage for work performed. This allows the
intervention by the Division of Labor Standards Enforcement, which is headed by the State
Labor Commission, in a contractor's lawsuit for recovery of amounts withheld by an awarding
body. All withheld wages and penalties will be transferred o the Labor Commissioner for
disbursement in those cases where a contractor fails to bring a lawsuit for amounts withheld
within ninety (90) days after completion of the public works contract and formal acceptance of
the job by the awarding body. The Labor Commissioner is then permitted to intervene in any
lawsuit brought by the contractor against an awarding body for recovery of amounts withheld.
16. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public
official who exercises authority over or responsibilities with respect to the Project during his/her
tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or
sub-agreement, or the proceeds thereof, for work to be performed in connection with the Project
performed under this Agreement.
17. CONFLICT OF INTEREST
Contractor shall at all times avoid conflicts of interest, or the appearance of conflicts of
interest, in the performance of this Contract.
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Contractor covenants that neither he/she nor any officer or principal of their firm have
any interest in, or shall acquire any interest, directly nor indirectly, which will conflict in any
manner or degree with the performance of their services hereunder. Contractor further
covenants that in the performance of this Agreement, no person having such interest shall be
employed by them as an officer, employee, agent, or sub-contractor. Contractor further
covenants that Contractor has not contracted with nor is performing any services, directly or
indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s)
owning property in the City or the study area and further covenants and agrees that Contractor
and/or its sub-contractors shall provide no service or enter into any agreement or agreements
with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning
property in the City or the study area prior to the completion of the work under this Agreement.
If City determines Contractor comes within the definition of Contractor under the Political
Reform Act (Government Code §87100 et seq.) Contractor shall complete and file and shall
require any other person doing work under this Agreement to complete and file a "Statement of
Economic Interest" with City disclosing Contractor’s and/or such other person’s financial
interests.
18. NO WAIVER OF BREACH/TIME
The waiver by City of any breach of any term or promise contained in this Agreement
shall not be deemed to be a waiver of such term or provision or any subsequent breach of the
same or any other term or promise contained in this Agreement. Time is of the essence in
carrying out the duties hereunder.
19. CONFIDENTIAL INFORMATION/RELEASE OF INFORMATION
(a) All information gained by Contractor in performance of this Agreement shall be
considered confidential and shall not be released by Contractor without City's prior written
authorization. Contractor, its officers, employees, agents, or sub-contractors, shall not without
written authorization from the City Administrator or unless requested by the City Attorney,
voluntarily provide declarations, letters of support, testimony at depositions, response to
interrogatories, or other information concerning the work performed under this Agreement or
relating to any project or property located within the City. Response to a subpoena or court
order shall not be considered "voluntary" provided Contractor gives City notice of such court
order or subpoena.
(b) Contractor shall promptly notify City should Contractor, its officers, employees,
agents, or sub-contractors be served with any summons, complaint, subpoena, notice of
deposition, request for documents, interrogatories, request for admissions, or other discovery
request, court order, or subpoena from any person or party regarding this Agreement and the
work performed there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Contractor and/or be present at any
deposition, hearing, or similar proceeding. Contractor agrees to cooperate fully with City and to
provide the opportunity to review any response to discovery requests provided by Contractor.
However, City's right to review any such response does not imply or mean the right by City to
control, direct, or rewrite said response.
20. NOTICES
Any notices which either party may desire to give to the other party under this
Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a
reputable document delivery service, such as but not limited to, Federal Express, which
provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail,
PAGE 38 OF 41
SERVER SYSTEM
certified mail, postage prepaid, return receipt requested, addressed to the address of the party
as set forth below or at any other address as that party may later designate by notice:
To City: ________________________
________________________
________________________
To Contractor: ________________________
________________________
________________________
21. THIRD PARTY BENEFICIARIES

Nothing contained in this Agreement shall be construed to create, and the parties do not
intend to create, any rights in third parties.
22. ASSIGNMENT
Contractor shall not assign the performance of this Agreement, nor any part thereof, nor
any monies due hereunder, without prior written consent of the City. Subject to the foregoing, all
terms of the Agreement will be binding upon, enforceable by and inure to the benefit of the parties
and their successors and assigns.
23. GOVERNING LAW
City and Contractor understand and agree that the laws of the State of California shall
govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also
govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take
place in Monterey County, or the federal district court with jurisdiction over the City. Contractor
agrees not to commence or prosecute any dispute arising out of or in connection with this
Agreement other than in the aforementioned courts and irrevocably consents to the exclusive
personal jurisdiction and venue of the aforementioned courts.
24. ATTORNEY’S FEES AND COURT VENUE

Should either party to this Agreement bring legal action against the other (formal judicial
proceeding, mediation or arbitration) the party prevailing in such action shall be entitled to a
reasonable attorney's fee which shall be fixed by the judge, mediator or arbitrator hearing the
case, and such fee shall be included in the judgment together with all costs.
25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Contractor warrants and
represents that he/she has the authority to execute this Agreement on behalf of the Contractor
and has the authority to bind Contractor to the performance of its obligations hereunder.
26. ENTIRE AGREEMENT
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This Agreement contains the entire understanding between the parties relating to the
obligations of the parties described in this Agreement. All prior or contemporaneous
agreements, understandings, representations, and statements, oral or written, are merged into
this Agreement and shall be of no further force or effect. Each party is entering into this
Agreement based solely upon the representations set forth herein and upon each party's own
independent investigation of any and all facts such party deems material.
27. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
(a) This document represents the entire and integrated Agreement between City and
Contractor, and supersedes all prior negotiations, representations and agreements, either
written or oral.
(b) Any modification or amendment to this Agreement must be in writing.
(c) Neither City nor Contractor shall be deemed to have waived any obligation of the
other, or to have agreed to any modification to this Agreement unless it is in writing, and signed
by the party giving the waiver.
28. SEVERABILITY
If any term of this Agreement is held invalid by a court of competent jurisdiction or
arbitrator the remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the
day and year first above written.
CITY OF CARMEL-BY-THE-SEA:
By: _________________________________ Date: ___________________

Chip Rerig, CITY Administrator
CONTRACTOR:
By: __________________________________ Date: ______________________
ATTEST:
By: _________________________________ Date: ______________________

Ashlee Wright, CITY Clerk
APRROVED AS TO FORM:
By: _____________________________ Date: ______________________

PAGE 40 OF 41
SERVER SYSTEM
Donald G. Freeman, CITY Attorney
PAGE 41 OF 41

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REQUEST FOR PROPOSAL (RFP)

Hardware and Implementation of Virtual Server Infrastructure

SECTION A: RFP INTRODUCTION ............................................................................. 4

SECTION B: DETAILED SUBMITTAL REQUIREMENTS ......................................... 10

SECTION C: SCOPE OF PROJECT .......................................................................... 15

SECTION D: CONTRACT TERMS AND CONDITIONS ............................................ 18

SECTION E: ATTACHMENTS ................................................................................... 19

E.11 Attachment 11 (Contract Terms and Conditions) ................................................................................. 31

Section A: RFP Introduction

A.1 Purpose of the RFP

A.2 About the City

A.3 Project Background

A.5 City’s Rights Reserved

A.6 Communication Regarding this RFP

A.8 Inquiries and Requests for Clarification

A.9 Pre-Proposal Conference

A.11.2 Software Demonstrations

A.12 Proposal Submission Instructions

Section B: Detailed Submittal Requirements

B.1 Cover Letter, Executive Summary and Checklists

B.1.3 Checklists should be completed and include

B.2 Scope of Services

B.4 Client References

B.5 Proposed Hardware, Management Software and Computing Environment

B.6 Implementation Plan

B.8.1 Include explanation of approach to maintenance and support, including:

B.8.2 Complete the attachment number E.9 (Maintenance and Support)

B.9 Exceptions to the RFP

B.10 Sample Documents

B.10.1 Sample software licensing agreement

B.11 Cost Proposal

B.11.1 Complete and submit the attachment number E.10 (Costs)

C.1 Project Scope

C.2 Project Staffing

C.3 Statement of Work

C.4 Project Schedule

C.5 Number of Users

C.6 System Conversion

C.7 Technical Standards

Computing Systems Preference Standard

Server Operating Systems Windows Server Windows Server

Section D: Contract Terms and Conditions

E.1 Attachment 1 (RFP Submittal Checklist)

E.4 Attachment 4 (Company

E.2 Attachment 2 (Signature Page)

Proposer/Firm Name Address City State Zip

Authorized Representative Address City State Zip

Authorized Representative Email Address Phone-Office Fax

Signature__________________________________________ Date ______________________

E.3 Attachment 3 (Addendum Acknowledgement Form)

Please sign and date

ADDENDUM NO. 2 Acknowledgement

ADDENDUM NO. 3 Acknowledgement

ADDENDUM NO. 4 Acknowledgement

ADDENDUM NO. 5 Acknowledgement

E.4 Attachment 4 (Company Background)

E.5 Attachment 5 (Client References)

Signature____________________ Date

By: _______________ Date: _

By: ____________ Date:

By: ___________ Date:

By: _______ Date: