specifications and form of bid - official website 1 of 54 . specifications and form of proposal ....

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SPECIFICATIONS AND FORM OF PROPOSAL FOR

Network, Computer Hardware, Software Maintenance and Peripheral

Support

TOWNSHIP OF WINSLOW CAMDEN COUNTY

NEW JERSEY

TOWNSHIP COMMITTEE

2010

For General Information, please contact: Deborah A. Puchakjian, RMC Municipal Clerk Township of Winslow (609) 567-0700

TABLE OF CONTENTS

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NOTICE TO BIDDERS………………………………………………………………..1 1.0 GENERAL INSTRUCTIONS TO BIDDERS ....................................................... 5

1.1 PROPOSAL FORM INSTRUCTIONS ........................................................................ 6 1.2 OBLIGATION OF RESPONDENT ............................................................................. 6 1.3 INSURANCE COVERAGE ........................................................................................ 7 1.4 MANDATORY AFFIRMATIVE ACTION LANGUAGE ............................................... 7 1.5 REQUIREMENTS OF P.L. 1977, C.33 ....................................................................... 7 1.6 AWARDING OF CONTRACT .................................................................................... 8 1.7 VENDOR QUALIFICATIONS..................................................................................... 9 1.8 EVALUATION CRITERIA .......................................................................................... 9 1.9 WINSLOW TOWNSHIP BUSINESS LICENSE .........................................................11 1.10 CONTRACT PERIOD ...............................................................................................11 1.11 PRICES ....................................................................................................................12 1.12 SPECIFICATION EXCEPTIONS TO BE LISTED .....................................................13 1.13 PURCHASE ORDER REQUIREMENTS ...................................................................13 1.14 SUB-CONTRACTOR AND CONTRACT RE-ASSIGNMENT ....................................14 1.15 SAVINGS CLAUSE ..................................................................................................14 1.16 INTENT OF SPECIFICATIONS ................................................................................14 1.17 TERMINATION OF CONTRACT ..............................................................................15 1.18 NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS ..............................16 1.19 AMERICAN GOODS AND PRODUCTS ...................................................................17 1.20 AMERICANS WITH DISABILITIES ACT OF 1990 ...................................................17 1.21 ERRORS AND CHANGES .......................................................................................18 1.22 DISCLOSURE OF CONTRIBUTIONS ......................................................................18 1.23 HOLD HARMLESS CLAUSE ...................................................................................19

2.0 TECHNICAL SPECIFICATIONS ...................................................................... 20 2.1 EXPERIENCE AND SERVICE REQUIREMENT .......................................................20 2.2 SCOPE OF MAINTENANCE: ...................................................................................21 2.3 MAINTENANCE TYPES AND SERVICE ..................................................................21 2.4 PARTS ......................................................................................................................25 2.5 SERVICES ................................................................................................................25 2.6 ADDITIONAL TERMS AND CONDITIONS ...............................................................28

3.0 BID FORM ........................................................................................................ 30

4.0 BID SUBMISSION DOCUMENTS .................................................................... 34

TABLE OF CONTENTS

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4.1 BID BOND ................................................................................................................35 4.2 BID DOCUMENT SUBMISSION CHECKLIST ..........................................................36 4.3 ACKNOWLEDGMENT OF RECEIPT OF CHANGES TO BID DOCUMENTS ..........37 4.4 CONSENT OF SURETY ...........................................................................................38 4.5 AFFIDAVIT OF NON-COLLUSION...........................................................................39 4.6 STOCKHOLDER DISCLOSURE CERTIFICATION ..................................................40 4.7 AFFIRMATIVE ACTION COMPLIANCE NOTICE ....................................................41 4.8 QUALIFICATIONS CERTIFICATION .......................................................................42

5.0 ATTACHMENTS .............................................................................................. 44 5.1 CERTIFICATE OF INSURANCE ..............................................................................45 5.2 INSURANCE COVERAGE REQUIREMENTS ..........................................................46 5.3 EXHIBIT A: AFFIRMATIVE ACTION .......................................................................47 5.4 APPENDIX B: AMERICANS WITH DISABILITIES ACT OF 1990 ..........................49 5.5 SAMPLE CONTRACT ..............................................................................................50

of 54 NOTICE TO BIDDERS

NOTICE TO BIDDERS NOTICE TO BIDDERS 1. PROPOSALS: Sealed proposals for the following: Network, Computer Hardware, Software Maintenance, and Peripheral Support for the Township of Winslow will be received at 2:00 p.m. on Thursday, May 27, 2010 at which time proposals will be publicly opened and read aloud at the, Municipal Building, located at 125 South Route #73, Braddock, New Jersey. Proposals will not be accepted after the specified time. Proposals must be on the official proposal form which can be obtained from the Municipal Clerk, 125 South Route #73, Braddock, New Jersey, 08037. Proposals must be submitted in a sealed envelope, addressed to the Municipal Clerk, Winslow Township Municipal Building, 125 South Route #73, Braddock, New Jersey 08037 and identified as “RFP – Network, Computer Hardware, Software Maintenance, and Peripheral Support”. Specifications provide for receipt of proposals by mail. Those proposals which are mailed to the contracting unit shall be sealed, properly marked and shall only be opened for examination at such time and place as all proposals received are unsealed and announced. The Township Committee and its Solicitor will be the sole discretionary body for consideration or rejection of the proposals. The Township Committee will award the contract based on most advantageous price and other factors considered. The Township is using the competitive contract process. 2. SPECIFICATIONS: Specification and Form of Proposal for “Network, Computer Hardware, Software Maintenance, and Peripheral Support” can be obtained from the Municipal Clerk, Township of Winslow Municipal Building, 125 South Route #73, Braddock, New Jersey, 08037. 3. AFFIRMATIVE ACTION REGULATIONS: Respondants are required to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 et seq. Deborah A. Puchakjian, RMC Municipal Clerk Township of Winslow

of 54 GENERAL INSTRUCTIONS

WINSLOW TOWNSHIP CAMDEN COUNTY

NEW JERSEY

INSTRUCTIONS, GENERAL CONDITIONS AND SPECIFICATIONS FOR NETWORK, COMPUTER HARDWARE, SOFTWARE MAINTENANCE, AND PERIPHERAL SUPPORT

1.0 GENERAL INSTRUCTIONS TO BIDDERS Time and place for acceptance of proposals: All proposals will be publicly opened and read by the Municipal Clerk or Purchasing Agent on Thursday, May 27, 2010, at 2:00 p.m. prevailing time, at the Winslow Township Municipal Building, 125 South Route #73, Braddock, New Jersey 08037. Proposals shall be delivered at that time in a sealed envelope addressed to Deborah A. Puchakjian, RMC, Municipal Clerk and shall be marked on the outside: “RFP – Network, Computer Hardware, Software Maintenance, and Peripheral Support”. Proposals will not be accepted after the specified time. Proposals may be submitted by mail. Proposals delivered to the proper address prior to the date and time specified shall be properly sealed and marked. Said Proposals shall only be opened for examination at such time and place as all proposals received are unsealed and announced. The Township is using the competitive contract process pursuant to N.J.S.A 40A:11-4.1 et seq.


1.1 PROPOSAL FORM INSTRUCTIONS All proposals must be submitted on the form of proposal supplied by the Township. If any type of discount is offered for prompt payment of bills or other consideration, such may be set forth on the form of proposal. All proposal documents submitted should include original signatures. Failure to provide original signatures may be cause for rejection of the bid at the discretion of the Township. 1.2 OBLIGATION OF RESPONDENT At the time of the opening of proposals, each respondent will be presumed to have read and to be thoroughly familiar with the contents of the RFP Notice, the General Information and the Specifications of the material and/or service to be supplied. The failure or omission of any respondent to receive or examine any form, instrument, or document shall in no way relieve the respondent from any obligation in respect of that proposal.

Any challenge to the specifications shall be presented in writing to Deborah A. Puchakjian, RMC, Municipal Clerk, Township of Winslow, Winslow Township Municipal Complex, 125 South Route 73, Braddock, NJ 08037 within three (3) business days prior to the RFP opening and shall be clearly marked on the outside “RFP Challenge – Computer Maintenance”. Any challenge filed thereafter shall have no effect on the RFP award.


1.3 INSURANCE COVERAGE Applicable insurance certificates must be furnished by the successful bidder with the contract naming the Township of Winslow as additionally insured and certificate holder, upon request, and/or as more particularly set forth in Sections 5.1 and 5.2.

1.4 MANDATORY AFFIRMATIVE ACTION LANGUAGE

P.L. 1975 c.127 (N.J.A.C.17:27)

During the performance of this contract, the contractor agrees to comply with all the requirements of N.J.S.A. 10:5-31 et seq and N.J.A.C. 17:27 in accordance with attached Exhibit A. Each contractor shall submit to the Township after notification of award but prior to execution of contract, one of the following documents:

A. A photocopy of a valid letter that the contractor is operating under a Federally approved or sanctioned affirmative action program; or B. A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4; or C. A photocopy of an Employee Report (Form AA302) completed by the contractor in accordance with N.J.A.C. 17:27-4 (goods service professional contracts)

1.5 REQUIREMENTS OF P.L. 1977, C.33 If respondent is a corporation or partnership, there must accompany its proposal, a statement setting forth the names and addresses of all stockholders in the corporation or partnership who


own ten percent (10%), or more of its stock, of any class, or of all individual partners in the partnership who own a ten percent (10%) or greater interest therein. If one or more stockholders or partnership, the stockholders holding ten percent (10%) or more of that corporation’s stock, or the individual partner owning ten percent (10%), or greater interest in that partnership, must be set forth as aforesaid. All respondents shall comply with the act relating to a disclosure statement as per P.L., 1977, c.33, and shall submit the completed and signed disclosure statement as attached. Failure to submit this information may be cause for the rejection of the bid, at the option of the Township. 1.6 AWARDING OF CONTRACT The Township Committee will award the contract based on most advantageous price and other factors considered, but reserves the right to reject any and all proposals and to waive any immaterial formalities as may be permitted by law. Each proposal will be reviewed and scored based upon a weighted evaluation process. Criteria will include:

• Understanding the requested work

• Knowledge and technical competence

• Ability to complete the work timely

• Management, experience and qualifications

• Costs


This award of contract shall not be binding upon the Township of Winslow until the contract, in accordance with the specifications, is actually executed by the successful contractor and by the proper officers of the Township of Winslow. The Township shall award the contract or reject all proposals within sixty (60) days except that the proposals of any respondents who consent thereto may, at the request of the contracting unit, be held for consideration for such longer period as may agreed. No proposals may be withdrawn during this 60 day period. 1.7 VENDOR QUALIFICATIONS All bidders shall provide certification demonstrating its ability to perform this contract. Certification shall be provided on the attached form and shall attest the contractor will have available resources, equipment, experience and capability to undertake and perform the work described in this specification. The vendor shall attach such additional information as deemed appropriate to demonstrate their qualifications in accordance with the selection criteria noted above. The Township reserves the right to interview any or all respondents for the purpose of clarification of the proposal. 1.8 EVALUATION CRITERIA The following listing is the criteria the Township of Winslow will utilize to determine the most advantageous proposal. The following arrangement is not meant to imply order of importance.

A. Understanding the Requested Work. This shall be based on the quality of the content of the RFP and the respondent’s


ability to communicate a thorough understanding of the required tasks and the approach to meet the scope of work as outlined in the RFP. The proposals shall be evaluated for general compliance with instructions and requests issued in the RFP. Non-compliance with significant instructions may be grounds for disqualification. B. Knowledge and Technical Competence. This includes the ability of the respondent to perform all the tasks and fulfill adequately the stated requirements. The respondent shall be evaluated on technical suitability for the tasks required. Proposals must contain complete discussions of all aspects of the technical specifications, processes, qualifications and equipment available for this project. The hardware and software to be used in all stages of the work must be described with adequate information. Respondents shall provide documentation of its quality control program in its submittal. C. Ability to Complete Services Timely. This is based on the respondent’s ability to accomplish the tasks as stated in the time indicated. The Township in interested in the ability of the respondent to complete service in a competent and expeditious manor based upon the workload of the firm, availability of staff, equipment and facilities within the time allotted. If any portion of your proposal involves the use of subcontractors, you must provide full detail of the subcontractor and nature of the work they will perform. D. Management, Experience and Qualifications. An employee of the respondent shall be identified as the Project


Manager/Account Representative for this project. Technical expertise of the firm shall be demonstrated by past project success providing government agencies with similar products and services. The Project Manager and other key personnel will be evaluated on knowledge, experience, prior collaboration and successful completion of projects similar to that of this RFP. The location of the respondent’s facility may be used in the evaluation process if that location will hinder the work required by this RFP. In addition to relevant project experience, respondents shall provide personnel qualifications in the proposal. If subcontractors are to be used, subcontractors’ qualifications must be detailed in the proposal. E. Cost. Evaluation shall be made on the total overall costs and line item costs to complete the project, including the schedules of any additional fees to provide this service. Project costs shall be listed on the proposal form included in this RFP.

1.9 WINSLOW TOWNSHIP BUSINESS LICENSE Any business submitting a bid and whose business is located within the Township of Winslow shall have a valid Winslow Township business license in accordance with Chapter 171 of the code of the Township of Winslow. A copy of a valid business license should be submitted with the bid. 1.10 CONTRACT PERIOD The contract period shall be for two (2) years from the date first appearing thereon unless otherwise specified by law.


In accordance with 40A:11-15 of the Local Public Contracts Law the Township reserves the right to extend this contract, when mutually agreed upon between the Township and the contractor, for not more than two one-year periods or one two-year period. Any change in price shall not exceed the change in the index rate for the 12 months preceding the most recent quarterly calculation available at the time of the contract renewal. The contract extension shall be awarded by resolution of the governing body only upon a finding by the governing body that the services are being performed in an effective and efficient manner, and no extension shall be granted so that the contract runs for more than a total of five consecutive years. Otherwise, the terms and conditions of the contract shall remain substantially the same. 1.11 PRICES The proposal shall be based upon the descriptions provided on the “Proposal Form” and from the technical specifications attached hereto. The proposal shall be quoted f.o.b. Winslow Township Municipal Building, 125 South Route #73, Braddock, New Jersey 08037. The successful contractor shall make delivery of services and/or installation as requested to the address within the Township of Winslow designated on the purchase order, at no additional charge. Respondents will assume responsibility of all costs not stated in their proposals. All rates stated in the proposal are required to be all-inclusive. Additional charges for indirect costs, fees, postage, licensing, commissions, taxes, travel, subsistence, report


preparation, meetings, administrative tasks, administrative and clerical support, reprographics and overhead are not to be billed to the Township of Winslow and will not be paid by the Township of Winslow. 1.12 SPECIFICATION EXCEPTIONS TO BE LISTED Any exceptions to this Specification on the product or service bid, technical or otherwise, shall be listed by the bidder. Said information shall be attached to the Proposal Form provided herein and shall be submitted with the bid. General sales literature, regardless of how technical in nature, shall not be considered as meeting this requirement. In recognition of ever changing “state of the art” the technical specifications may be satisfied by substitution of an equivalent item or design subject to acceptance by the Township. 1.13 PURCHASE ORDER REQUIREMENTS No work shall be performed, services rendered, or material provided by the successful bidder unless a proper purchase order has been issued by the Township of Winslow in accordance with Chapter 58 of the Code of the Township of Winslow entitled “Purchase Procedure”. Vouchers shall be submitted in accordance with Chapter 10 of the Code of the Township of Winslow entitled “Claims Approval”. Requests for payment of material or services delivered shall be made on Township of Winslow vouchers with copies of supplier’s invoices attached which shall specify the quantity, description, unit


and extended prices of each item delivered. Payments shall not be provided on a frequency less than a monthly basis after services are rendered and vouchers are timely submitted for review and processing. 1.14 SUB-CONTRACTOR AND CONTRACT RE-ASSIGNMENT Sub-contracting of any portion of the RFP shall not be permitted without the express written consent of the Township of Winslow. This contract may not be assigned or transferred without the express written permission of the Township 1.15 SAVINGS CLAUSE If any provision of this Specification is subsequently declared by the proper Legislative or Judicial authority to be unlawful, unenforceable, or not in accordance with applicable statutes, all other provisions of this Specification shall remain in full force and effect. The Township, without invalidating the contract, may order changes consisting of additions, deletions, or modifications. The contract sum shall be adjusted accordingly, in accordance with the Local Public Contracts Law of New Jersey. 1.16 INTENT OF SPECIFICATIONS The equipment and/or service specifications in this bid package are intended to specify equipment and/or service in terms of performance and function. No part of this specification should be interpreted as representing or recommending a particular brand of


equipment. It should be noted, however, that only manufacturer’s publicly identified “top of the line” equipment will be accepted. 1.17 TERMINATION OF CONTRACT

If, through any cause, the successful bidder shall fail to fulfill in a timely and proper manner obligations under this contract, or if the Contractor shall violate any of the requirements of this contract, the Township of Winslow shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination. Such termination shall relieve the Township of any obligations for balances due the Contractor of any sum or sums set forth in the contract.

In the case of default by the successful bidder, the Township may procure the goods or services from other sources and hold the successful bidder responsible for any excess cost occasioned thereby.

At any time should the Township determine that any or all of the services described herein become unnecessary; the Township reserves the right to terminate any or all of this contract upon thirty days written notice.

Strikes, walkouts or other such instances shall be reason for the Township to immediately acquire other services until such time the Contractor can again complete the remainder of the contract. Such actions may also be cause for the Township to terminate the contract, at the Township’s discretion.

Continuation of the terms of this contract beyond the fiscal year is contingent on availability of funds in the following year’s budget.


In the event of unavailability of such funds, the Township reserves the right to terminate this contract upon thirty days written notice. 1.18 NEW JERSEY BUSINESS REGISTRATION REQUIREMENTS

In accordance with N.J.S.A. 52:32-44 bidder should provide with their bid a Business Registration Certificate issued by the State of New Jersey. Business Registration Certificates must be submitted prior to award of bid. Contractors and all named subcontractors must be registered at the time of bid

N.J.S.A. 52:32-44 imposes the following requirements on contractors and all subcontractors that knowingly provide goods or perform services for a contractor fulfilling this contract:

A. The contractor shall provide written notice to its subcontractors and suppliers to submit proof of business registration to the contractor; B. Subcontractors through all tiers of a project must provide

written notice to their subcontractors and suppliers to submit proof of business registration and subcontractors shall collect such proofs of business registration and maintain them on file

C. Prior to receipt of final payment from a contracting agency, a contractor must submit to the contracting agency an accurate list of all subcontractors and suppliers and the proof of business registration or attest that no subcontractors were used;

D. During the term of this contract, the contractor and its affiliates shall collect and remit, and shall notify all subcontractors and their affiliates that they must collect and


remit, to the Director, New Jersey Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A 54:32B-1 et seq.) on all sales of tangible personal property delivered into this State.

A contractor, subcontractor or supplier who fails to provide

proof of business registration or provides false business registration information shall be liable to a penalty of $25 for each day of violation, not to exceed $50,000 for each business registration not provided or maintained under a contract with a contracting agency. Information on the law and its requirements are available by calling 609-292-9292. 1.19 AMERICAN GOODS AND PRODUCTS

Only manufactured and farm products of the United States, wherever available, shall be used in performance of this contract. 1.20 AMERICANS WITH DISABILITIES ACT OF 1990

Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. Provisions of Title II of the Act are made a part of this contract and are included as Appendix B. The contractor is obligated to comply with the Act and to hold the Township harmless.


1.21 ERRORS AND CHANGES

All changes or corrections made to the bid pages should be crossed out, re-written and initialed by the individual making the change. Failure of the bidder to initial changes may be cause for rejection of the bid.

Where there are discrepancies between unit price bid and extended amounts the unit price shall prevail. In the event of discrepancies between extended amounts and totals the extended amounts shall prevail. 1.22 DISCLOSURE OF CONTRIBUTIONS

Starting in January 2007, all business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27 if they receive contracts in excess of $50,000 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or at www.elec.state.nj.us.

http://www.elec.state.nj.us/


1.23 HOLD HARMLESS CLAUSE The successful bidder shall defend, indemnify and save harmless the Township of Winslow, its officers, agents and servants and each and every one of them against and from all suits and cost of every name and description, and from all damages to which said Township of Winslow or any of its officers, agents or servants may be put by reason of injury to the person or property of others resulting from carelessness in the performance of said work, or through the negligence of the Contractor, or through any improper or defective machinery, implements or appliances used by said Contractor in the aforesaid work or through any act or omission on the part of said Contractor, his agent or agents. This provision applies regardless of whether insurance coverage is provided.

of 54 TECHNICAL SPECIFICATIONS

2.0 TECHNICAL SPECIFICATIONS 2.1 EXPERIENCE AND SERVICE REQUIREMENT

A. Partnership with other corporations and any subcontractor must be identified in the proposal. B. Contractor must understand Township requirements and WAN networking scenario to remote locations. C. Five references from clients must be provided with this proposal. D. Client name, address, telephone number, and contact person will be provided. E. Reliability of contractor’s skills, technicians, and performance will be evaluated through reference checks and/or site evaluations. Define the LAN and Wan topology for each client reference provided above. F. Track record on previous installations and performance of each reference and referral may be sought. G. Contracting with local, county and state government is essential. H. Certification of technicians is required; please indicate number of technicians and certifications. Contractor will provide certified Microsoft Windows XP Professional technicians. Contractor will provide certified technicians for Windows 2003 operating systems. I. Contractor will identify other technical certifications and strengths

J. Contractor must provide a Project Manager/Account Representative. Please name them in your proposal.

K. Contractor is required to maintain a location and help desk to answer calls and provide online and remote resolution to various issues. Contractors that provide access to field technicians for remote support will not be considered.

L. Contractor’s employees may be required to pass a Police background investigation. Any employee not approved by the Police after investigation shall be replaced by the contractor.


2.2 SCOPE OF MAINTENANCE:

A. Problem identification - Contractor will exert best efforts to perform all fault isolation and problem determination including Network, Hardware, Software, and Peripheral problem diagnosis for the equipment used by the Township of Winslow. The Contractor is responsible for the identification of a problem, even if the source of the problem is different than that originally suspected or reported by the Township. B. Maintain Good Working Condition - Contractor will render maintenance service to keep equipment in, or restore equipment to good working order. This maintenance service includes preventive maintenance service, adjustments, installation of safety changes, and installation of engineering changes based upon the specific needs of the individual item of equipment. This service shall include the repair and replacement of maintenance parts that Contractor deems necessary to restore the equipment to good working order. For purposes of this Agreement, equipment restored to good working condition shall be defined as equipment that will perform all functions as prescribed in the manufacturer's published specifications for such equipment as originally manufactured. C. Services as Assigned - Upon request from the Township, services will be performed and billed at the applicable rates and terms. D. Provide remote monitoring of all Municipal Network systems. E. Provide remote monitoring of critical systems of the Police Network.

2.3 MAINTENANCE TYPES AND SERVICE Notwithstanding events caused by Force Majeure, the service levels set forth below must be met and maintained by Contractor. Failure of Contractor to meet or maintain these service levels shall be cause for the Township to collect damages or terminate all or part of this Agreement. Maintenance and support services are required for “On Site and Remote” as indicated in Section 2.5.


A. Township onsite maintenance – Maintenance repair will be performed at various Township locations. This maintenance plan may involve the temporary replacement by the Township of faulty equipment with spare of float equipment until the faulty equipment can be repaired and returned to service. Contractor maintenance personnel will visit the Township onsite B. location in 4 hour blocks of time. These blocks of time shall be scheduled every week or every other week or as required and authorized by the Township. The Township may order more or less scheduled 4 hour site visits as may be required to meet its needs. For the purpose of bid calculation and award the Township has estimated 52 visits per year. C. When required for immediate repair of equipment the Township may order repair services as needed. Contractor will dispatch repair personnel to the designated location within twenty four (24) hours of notification of service call. The Township will pay an hourly rate as provided in the bid form for these additional services. Hours will be based upon hours actually on site. No allowance will be made for travel time or expenses. Contractor shall make every attempt to make this repair remotely prior to dispatching a technician. D. The equipment will be repaired and ready for operation within forty-eight (48) hours of notification. E. Contractor will perform remote diagnostics immediately upon telephone, email or fax contact by Network Supervisor. Remote repairs will be made whenever possible. This remote service shall be included in the monthly base amount bid. F. Township’s Network supervisor will provide a Service Request Sheet, SRS, with Problem Description for the Contractor to address each service request. These SRS’s will identify the nature of the problem, priority, and service requested, e.g. hardware failure to be repaired. G. Upon completion of the repair, Townships Network Supervisor will sign off on the Service Request Sheet. The Service Request Sheet will state nature of the repair & date of service. Such information along with other network information shall be maintained by the contractor in the Townships run book. H. The Township may, at its sole discretion pay only for the final resolution of the problem if in the opinion of the Township


the problem could have been identified. Repeated calls for the same problem may not be paid, at the Township sole discretion. I. ON-SITE MAINTENANCE: Maintenance repair will be performed at the Township location(s) where the equipment normally resides. If equipment cannot be repaired or replaced on-site, it may be removed by the Contractor, with the Township’s approval, and returned to the site for re-installation by the Contractor after repair. J. AVAILABILITY: Contractor shall provide a service and maintenance telephone number, available between the hours of 8:30am and 4:30pm that the Township can use to notify the Contractor that a problem exists. This shall not be a technician’s cell phone. Contractor must have a physical business location, manned with sufficient staff to meet the obligations of this contract. Minimum staff shall be two help desk technicians. “Call Back Time" - Contractor shall respond with a

telephone call back to the Township within four (4) hours of receiving the notification of a problem.

"Problem Investigation” - Contractor shall be actively taking measures addressing the problem within this time after notification of a problem. The contractor shall provide remote investigation and diagnostics to resolve the problem. Onsite response shall only be authorized after remote investigation has been performed except when remote investigation is not possible

“Onsite Response" - Contractor shall provide within this time all personnel and equipment necessary to resolve the problems at the location of the equipment.

"Maximum Repair" - Maximum repair time for on-site maintenance will be this time after notification by the Township that remedial maintenance is required excluding Saturdays, Sundays, and Township recognized holidays.

K. RESOLUTION NOTIFICATION - Contractor shall notify the Town within this time of final resolution of the problem. L. REMOTE MAINTENANCE, SERVICE, SUPPORT AND DIAGNOSTICS: Resolution of network, hardware, software, and support requests shall be performed remotely whenever possible providing economies for both contractor and the


Township of Winslow. Diagnostic services are expected to be available and used where appropriate, e.g. networking, remote

Contractor will provide VPN access to perform diagnostics,

and remote maintenance and service. Contractor will provide technical tools to diagnose, repair

and communicate with Network Supervisor. Contractor will specify secured interactive web-based

software for remote access.

M. PROCESS MANAGEMENT AND DOCUMENTATION: Contractor and the Township of Winslow will use telephone, email and fax for documenting service requests, services performed and services accepted. Service Request Sheet: These SRS’s will provide priority,

problem descriptions, service location requests, request for remote diagnostics, and tracking hours and costs.

Service Request Log: This log will be maintained by the Town and reviewed with the Contractor for work performed, scheduled, costs and technician performance.

Fax Communication: The Contractor will be provided a fax option that is secondary to email for the transmission of SRS information

N. SECURITY AND AUDIT: Contractor will meet all Township access and security

requirements. Contractor will meet internal Security Audit and Reporting

requirements. Contractor will meet bid legal requirements Contractor will monitor and report security violations. Contractor will telephone and email Township contact to

report emergency or security violations Contractor will update Service Request Sheet with description

or problem resolution, time, cost, service technician name and Township representative signature of acceptance.


2.4 PARTS

A. QUALITY – Maintenance parts may or may not be purchased by the Contractor and must meet Network Supervisors approval prior to purchase as it pertains to original equipment manufacturer or Value Added Resellers specifications. B. The Township computers consist predominately of Dell equipment. Most equipment is not under a Dell parts warranty. C. PURCHASING – Prior approval is required for all purchases. Contractor agrees to furnish to the Township prices prior to issuance of a purchase order. D. AVAILABILITY/PARTS STORAGE - Parts shall be delivered to the Town within 48 hours. Contractor agrees to obtain parts within agreed specifications and time frame. E. SHIPPING – Contractor agrees to utilize the most effective method necessary to obtain parts within the agreed upon time frame. Costs for shipping parts shall be the responsibility of the Township based upon prior approval of purchase and delivery costs.

2.5 SERVICES The Township has two networks. The first, Municipal network, consists of 5 servers and 65 workstations at three locations connected by a T-1, VPN. The majority of this equipment was purchased in 2004/2005. The second network, Police network, consists of two servers and 57 workstations. Majority of this equipment was purchased in 2005/2006. Remote Monitoring Service shall be performed 24/7 on all file servers. Network alerts will be investigated and addressed between the hours of 8:00 a.m. and 5:00 p.m. weekly (Monday through Friday), excluding public holidays. Services to be monitored shall include but are not limited to:


• Overall up time of each device • CPU - Utilization Averaged over five (5) minute increments • Disk - Percentage of storage utilization • Event Log - failed log-on attempts and other security events • Memory/Swap File Utilization – Percentage of memory and

virtual memory in use averaged over five (5) minute increments

• Monitoring of key server services including but not limited to virus scanning services, file backup services, SQL services, and exchange services.

• Occasionally downtime to the N-central server is required for normal upgrades and maintenance. Downtime events will be scheduled whenever possible

A. NETWORK #1 – MUNICIPAL NETWORK Service shall consist of remote monitoring of network systems and devices, unlimited call center support, and on-site system administration service with 4 hours as scheduled. Network alerts will be investigated and addressed between the hours of 8:00 am and 5:00 pm Monday through Friday, excluding holidays. Unlimited call center support shall be included. Services to be monitored include but are not limited to:

• Overall up time of each device • CPU – Utilization averaged over five (5) minute increments • Disk – Percentage of storage utilization • Event Log – failed log-on attempts and other security events • Memory/swap File Utilization - percentage of memory and

virtual memory in use averaged over five minute increments • Monitoring of key server services including but not limited to

virus scanning services, file backup services, SQL services and exchange services

B. NETWORK #2 – POLICE NETWORK Service shall consist of remote monitoring of network systems and devices with unlimited call center support. Network alerts will be investigated and addressed between the hours of 8:00 am and 5:00 pm Monday through Friday, excluding holidays. Services to be monitored include but are not limited to:


• Overall up time of each device • CPU – Utilization averaged over five (5) minute increments • Disk – Percentage of storage utilization • Event Log – failed log-on attempts and other security events • Memory/swap File Utilization - percentage of memory and

virtual memory in use averaged over five minute increments Monitoring of key server services including but not limited to virus scanning services, file backup services, SQL services and exchange services. C. CALL CENTER SUPPORT Phone center support and remote maintenance and diagnostics are to be included in the monthly base amount. Unlimited incidents per month are to be included. D. TRAVEL EXPENSES Contractor shall not charge the Township for any travel expense. The Township will only pay for the hours on site. E. AUTHORIZED CHARGES The Township shall not be responsible for charges not authorized by the Township. The Contractor is responsible for the correct diagnosis and resolution of a problem, even if it is found to be different than what was originally reported or suspected by the Township or Contractor. F. FINAL PROBLEM RESOLUTION The Township shall only pay for the final resolution of a problem if in its sole discretion the problem should have or could have been properly diagnosed. The Contractor shall warrant all repairs for ninety (90) days and the Township shall not pay any charges if the problem needs to be resolved again within the warranty period or for any problems created by the original problem resolution. The Township shall pay only the cost of parts that directly resolved the


original problem reported. Contractor shall be responsible for any parts damaged by the attempts to resolve the original problem. Contractor shall be responsible for loss or damage of spare parts and/or equipment while in the possession of Contractor. 2.6 ADDITIONAL TERMS AND CONDITIONS A. GEOGRAPHIC LOCATION Contractor must be able to deliver maintenance and support products and services at all locations within the Township of Winslow in the time frames and manner specified in this RFP. B. CHANGES AND/OR MODIFICATIONS Contractor sponsored modifications and/or engineering changes shall be made at no additional charge. Contractor must obtain written permission from the Township prior to any change or modification. The Township reserves the right at all times to schedule these Contractor sponsored modifications and/or engineering changes to minimize the impact on the daily operations of the Township. Contractor warrants that, to their knowledge, installation of such engineering changes and/or field modifications as are required or recommended from time to time, shall not cause the performance of the products(s) modified to degrade below the standard of performance established for acceptance of the products(s) or as described in Contractor's technical specifications and accepted by the Township. The Township may require the system be restored to previous specifications if changes and/or field modifications result in an unacceptable performance level of the products(s). Restoration will be at the contractors own expense. Contractor may inspect any item(s) prior to commencing maintenance services. If an item is found to not be in good working condition, Contractor will notify the Township at least fifteen (15) days prior to the date the Township intends to commence receiving maintenance service of the prior existing condition. Once the maintenance service has begun no consideration will be given to the contractor’s claim of prior existing condition.


C. DISCONTINUATION OF MAINTENANCE The Township may add or remove reasonable numbers of work stations during the term of this agreement at no additional charge or reductions in the price bid. In the event of removal of a department, contractor agrees to a reduction in costs as provided in the bid form. Additional servers will be billed in accordance with the rate schedule. This will only affect the monthly base costs. Scheduled on-site visits and requested repairs will not be affected. D. MAINTENANCE CONTINUITY Contractor agrees to make maintenance services available to meet the Township’s ongoing performance requirements for the entire term of this Agreement. If Contractor is unable to provide adequate maintenance services or upon expiration or termination of this agreement, Contractor shall provide the following items to the Township:

• All information necessary for the Township to perform or to have such maintenance service performed including, but not limited to technical and maintenance manuals.

• A listing of suppliers capable of supplying necessary spare parts and equipment support.

• A listing of spare parts will be created and maintained by Contractor and Network Supervisor to enable the Township to create a centralized inventory of spare parts.

• Any information that is identified by Contractor as proprietary information shall be maintained in confidence by the Township and the Contractor except where disclosure to a third party is necessary in order for the Township to continue the maintenance service.

of 54 BID FORM

3.0 BID FORM

PROPOSAL FORM

Network, Computer Hardware, Software Maintenance and Peripheral Support

TO: MAYOR AND TOWNSHIP COMMITTEE

c/o MUNICIPAL CLERK 125 SOUTH ROUTE # 73 BRADDOCK, NEW JERSEY 08037

Pursuant to and in compliance with the General Information,

Specifications, and RFP Notice for proposals to be received on Thursday, May 27, 2010, 2:00 p.m. (prevailing time), the undersigned offers to provide to the Township of Winslow the items listed herein.

of 54 BID FORM

MUNICIPAL NETWORK

Year One Service Unit Cost Annual Charge Base amount to include remote monitoring, diagnostics and repairs, call center support

$ per month

$ (monthly cost X 12)

Scheduled on-site service administration (4 hour block)

$ per 4 hr block

$ (Unit Cost X 52)

Additional Amount to be charged or deducted per month for servers

$ XXXXXXXXXXXX Additional Amount to be deducted per month per workstation

$ XXXXXXXXXXXX Hourly Rate to be charged for additional on-site repairs $ XXXXXXXXXXXX Year Two Service Unit Cost Annual Charge Base amount to include remote monitoring, diagnostics and repairs, call center support

$ per month



$ per 4 hr block

$ (Unit Cost X 52)



$ XXXXXXXXXXXX Hourly Rate to be charged for additional on-site repairs $ XXXXXXXXXXXX

of 54 BID FORM

POLICE NETWORK

Year One Service Unit Cost Annual Charge Base amount to include remote monitoring, diagnostics and repairs, call center support

$ per month




$ XXXXXXXXXXXX Hourly Rate to be charged for additional on-site repairs $ XXXXXXXXXXXX

Year Two Service Unit Cost Annual Charge Base amount to include remote monitoring, diagnostics and repairs, call center support

$ per month




$ XXXXXXXXXXXX Hourly Rate to be charged for additional on-site repairs $ XXXXXXXXXXXX Total Annual Cost for Municipal and Police Network Maintenance $ Total Cost of Proposal in words

of 54 BID FORM

The undersigned is a partnership, corporation, individual (check one) under the laws of the State of New Jersey Other __________________

having principal offices at

I hereby certify that I have read and fully understand the specifications provided by the Municipal Clerk and further certify that the bid hereon, and information attached hereto, is within full compliance of said specifications.

Bidder Company: Signature: Signed By:

(Please Type or Print) Title: Address:

Telephone #: Fax #: Email Address: Federal ID #: DATE:____________________

of 54 BID BOND

4.0 BID SUBMISSION DOCUMENTS

of 54 BID BOND

4.1 BID BOND

Intentionally Left Blank

of 54 BID DOCUMENT SUBMISSION CHECKLIST

4.2 BID DOCUMENT SUBMISSION CHECKLIST TOWNSHIP OF WINSLOW

Network, Computer Hardware, Software Maintenance and Peripheral Support

A. Failure to submit the following documents is mandatory cause for the bid to be rejected.

N.J.S.A. 40A:11-23.2 Required With Submission of Bid (When Checked)

Initial Each Item Submitted With Bid

(Bidder’s Initials) A bid guarantee as required by N.J.S.A. 40A:11-21

A certificate from a surety company, pursuant to N.J.S.A. 40A:11-22 “Consent of Surety”

X A statement of corporate ownership, pursuant to N.J.S.A. 52:25-24.2

A listing of subcontractors as required by N.J.S.A. 40A:11-16

X If applicable, bidder’s acknowledgement of receipt of any notice(s) or revision(s) or addenda to an advertisement, specifications or bid document(s)

B. Failure to submit the following documents may be a cause for the bid to be rejected.

Required With Submission of Bid (When Checked)

Initial Each Item Submitted with Bid

(Bidder’s Initials)

Required With Submission of Bid (When Checked)

Initial Each Item Submitted with Bid

(Bidder’s Initials)

X Submission of a Non-Collusion Affidavit (this form must be notarized)

X A copy of the contractor’s, and subcontractors’ listed, business registration as required pursuant to section 1 of P.L.2001, c.134(C.52:32-44)

C. SIGNATURE The undersigned hereby acknowledges and has submitted the above

listed requirements. Name of Bidder: By Authorized Representative: Signature:

Print Name and Title: _____ Date: ______

of 54 ACKNOWLEDGEMENT OF RECEIPT OF CHANGES TO BID DOCUMENTS

4.3 ACKNOWLEDGMENT OF RECEIPT OF CHANGES TO BID DOCUMENTS

TOWNSHIP OF WINSLOW

Network, Computer Hardware,

Software Maintenance and Peripheral Support

Pursuant to NJSA 40A:11-23.2e, the undersigned bidder hereby acknowledges receipt of the following notices, revisions, or addenda to the bid advertisement, specifications or bid documents. By indicating date of receipt, bidder acknowledges the submitted bid takes into account the provisions of the notice, revision or addendum. Note that the local unit’s record of notice to bidders shall take precedence and that failure to include provisions of changes in a bid proposal may be subject for rejection of the bid.

Local Unit Reference Number or Title of Addendum/Revision

How Received (mail, fax, pick-up, etc.)

Date Received

Acknowledgement by Bidder Name of Bidder: ____________________________________ By Authorized Representative Signature: _____________________________________ (ORIGINAL SIGNATURE REQUIRED) Printed Name and Title: _____________________________________ _____________________________________ Date: _____________________________________

of 54 CONSENT OF SURETY

4.4 CONSENT OF SURETY

Intentionally Left Blank

of 54 AFFIDAVIT OF NON-COLLUSION

4.5 AFFIDAVIT OF NON-COLLUSION STATE OF ______________________: COUNTY OF ____________________: SS: ____________________________________of full age being duly sworn according to law, upon oath deposes and says: 1. I am _______________________________________________________________

(President, Partner, Individual)

of ______________________________________, a ___________________________ (Corporation, Partnership, Individual)

______________________________________________________________________ (Corporation of , Partnership, Sole Proprietorship)

Bidder for the following item: submitted to the TOWNSHIP OF WINSLOW on ____________________________ (Date)

2. I certify that the bid submitted herewith was arrived at independently without collusion with any other bidder or with any competitor or potential competitor.

______________________________

Sworn to and subscribed (ORIGINAL SIGNATURE REQUIRED) before me this ________ day of ________________, 20_____ . _________________________ Notary Public SEAL:


4.6 STOCKHOLDER DISCLOSURE CERTIFICATION Name of Business______________________________________________________ I certify that the list below contains the names and home addresses of all stockholders holding

10% or more of the issued and outstanding stock of the undersigned.

OR I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the

undersigned. Check the box that represents the type of business organization:

Partnership Corporation Sole Proprietorship

Limited Partnership Limited Liability Corporation Limited Liability Partnership

Subchapter S Corporation Sign and notarize the form below, and, if necessary, complete the stockholder list. Stockholders: Name: ______________________________ Name: ______________________________

Home Address: _______________________ ____________________________________

Home Address: _______________________ ____________________________________

Name: ______________________________ Name: ______________________________

Home Address: _______________________ ____________________________________

Home Address: _______________________ ____________________________________

Name: ______________________________

Name: ______________________________

Home Address: _______________________ ____________________________________

Home Address: _______________________ ____________________________________

Subscribed and sworn before me this _____ day of ________________ , 2 _____. (Notary Public) My Commission expires:

_________________________________

(Signature)

________________________________ (Print name & title)

(Corporate Seal)


4.7 AFFIRMATIVE ACTION COMPLIANCE NOTICE N.J.S.A. 10:5-31 and N.J.A.C. 17:27

GOODS AND SERVICES CONTRACTS

(INCLUDING PROFESSIONAL SERVICES) This form is a summary of the successful bidder’s requirement to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27. The successful bidder shall submit to the public agency, after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence:

(a) A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);

OR (b) A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;

OR (c) A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the contracting unit during normal business hours. The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division). The Public Agency copy is submitted to the public agency, and the vendor copy is retained by the vendor. The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27 and agrees to furnish the required forms of evidence. The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.

COMPANY: ____________________________ SIGNATURE: ____________________________

(Original Signature Required) PRINT NAME: _________________________ TITLE: _____________________ DATE: __________________


4.8 QUALIFICATIONS CERTIFICATION In accordance with paragraph entitled “Vendor Qualifications”, provide the following information: Date of Organization of Company _________________________________________________

EXPERIENCE 1. Number of year’s organization has been in business under your present business name._______ 2. How many years experience in this type of work has your organization had?____________ 3. What are the latest projects (within the last five years) your organization has completed?

Contract Amount Date Work Completed For Whom A. $

B. $

C. $

D. $

E. $ Names, addresses and telephone numbers of reference for items listed above:

Name and Address Telephone No. A.

B.

C.

D.

E. 4. Have you ever failed to complete any work awarded to you within the last ten years? ______ If so, where and why? _______________________________________________________ _________________________________________________________________________


5. List the equipment available for the performance of work under the proposed contract (attach additional sheets if necessary). For contracts for supply of goods, please indicate not applicable (N/A).

____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ The undersigned hereby certifies the bidder making this bid is not on the State of New Jersey list of Debarred, Suspended or Disqualified Bidders. Bidder further certifies they have available resources, equipment, experience and capability to undertake and perform the work described in this specification. Name of Bidder: By Authorized Representative: Original Signature: Print Name and Title: ____ _____ Date: *Contractor is encouraged to provide such additional information it deems appropriate to certify the contractors’ ability to perform this contract and sufficient information for the Township to evaluate the proposal as provided in section 1.6.


5.0 ATTACHMENTS

of 54 CERTIFICATE OF INSURANCE

5.1 CERTIFICATE OF INSURANCE

CERTIFICATE OF INSURANCE ISSUE DATE (MM/DD/YY)

PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE

NAIC #

INSURED INSURER A INSURER B INSURER C INSURER D INSURER E

COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE

DATE (MM/DD/YY)

POLICY EXPIRATION DATE

(MM/DD/YY) LIMITS

GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR. GEN’L AGGREGATE LIMIT APPLIES PER POLICY PROJECT LOC

GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXP. (Any one Person) $

AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS

COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $

EXCESS LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $

EACH OCCURRENCE $ AGGREGATE $

WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PROPRIETOR/PARTNERSHIP/ EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below

STATUTORY LIMITS $ EACH ACCIDENT $ EL DISEASE-EA EMPLOYEE $ EL DISEASE-EA EMPLOYEE $

OTHER

DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS

Additionally Insured – Township of Winslow CERTIFICATE HOLDER ADDITIONAL INSURED:INSURER LETTER CANCELLATION 15 DAYS NON-PAYMENT OF PREMIUM Township of Winslow Deborah A. Puchakjian, RMC Municipal Clerk 125 South Route 73 Braddock, NJ 08037

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO PROVIDE DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.

AUTHORIZED REPRESENTATIVE

of 54 INSURANCE COVERAGE

5.2 INSURANCE COVERAGE REQUIREMENTS

The successful bidder, upon award and prior to commencement of work,

shall file with the Township of Winslow Certificates of Insurance to provide as

follows:

The limits of liability for insurance required for this contract shall provide

coverage for not less than the following amounts or greater where required by

law.

WORKER’S COMPENSATION:

a. State Statutory

b. Applicable Federal: Statutory

c. Employer’s Liability: $300,000.00

COMPREHENSIVE GENERAL LIABILITY:

a. Bodily Injury: $1,000,000 each occurrence

b. Property Damage: $1,000,000 each occurrence

Comprehensive General Liability Insurance will provide

explosion, collapse and underground coverage’s where

applicable.

c. Personal Injury: with employment exclusion deleted:

$1,000,000 Annual Aggregate

d. Automobile Liability: $1,000,000

of 54 EXHIBIT A – MANDATORY EQUAL EMPLOYMENT OPPORTUNITY

(REVISED 9/07) 5.3 EXHIBIT A: AFFIRMATIVE ACTION

EXHIBIT A

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq., N.J.A.C. 17:27

Goods, Professional Services and General Service Contracts (Mandatory Affirmative Action Language)

During the performance of this contract, the contractor agrees as follows: The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq. as amended and supplemented from time to time and the Americans with Disabilities Act. The contractor or subcontractor agrees to make good faith efforts to employ minority and women workers consistent with the applicable county employment goals established in accordance with N.J.A.C. 17:27-5.2 or a binding determination of the applicable county employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2. The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

of 54 EXHIBIT A – MANDATORY EQUAL EMPLOYMENT OPPORTUNITY

EXHIBIT A (Cont) In conforming with the applicable employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions. The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents: Letter of Federal Affirmative Action Plan Approval Certificate of Employee Information Report Employee Information Report Form AA302 The contractor and its subcontractor shall furnish such reports or other documents to the Division of Contract Compliance & EEO as may be requested by the Division from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Contract Compliance & EEO for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

of 54 APPENDIX B – AMERICANS WITH DISABILITIES ACT

5.4 APPENDIX B: AMERICANS WITH DISABILITIES ACT OF 1990 Equal Opportunity for Individuals with Disability

The contractor and the Township of Winslow, (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense. The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives. It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph. It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

of 54 SAMPLE CONTRACT

5.5 SAMPLE CONTRACT

Network, Computer Hardware,

Software Maintenance and Peripheral Support

THIS CONTRACT made this **** day of ********** , 2010 by and between the TOWNSHIP OF WINSLOW, a municipal corporation of the State of New Jersey, party of

the first part (hereinafter called Township) and (NAME and address of vendor), a (state of incorporation) CORPORATION, (hereinafter called Contractor), party of the second part.

WITNESSETH

That said Contractor for the consideration hereinafter mentioned, does for

themselves, their heirs, executors, administrators, successors and assigns, covenant,

promise and agree, to and with said Township, its successors and assigns, that said

Contractor shall and will supply and deliver computer maintenance services to the

Township of Winslow in accordance with the specification for the work entitled, “Network, Computer Hardware, Software Maintenance and Peripheral Support” which

specifications and bid form of Contractor dated (Date), are made a part of this Contract as

fully and entirely as if the same were entered herein, and again set forth.

Affirmative Action requirement - During the performance of this contract, the

Contractor agrees to comply with P.L. 1975, c.127 (N.J.A.C., 17:27) (Exhibit A, attached

hereto and made a part hereof).

AND in all respects conforming to and complying with the requirements and

provisions of said specifications, according to the terms and condition thereof, and providing

and furnishing all the material and labor necessary for such work at its own proper cost and

expense according to the terms and conditions of said specifications.


AND in all respects comply with all requirements of the Labor Laws of the State of

New Jersey, applicable to contracts on behalf of the Municipal Government for construction,

alteration, or repair of any building or public work, including particularly, be without limitation

of the foregoing, the provision that not less than the prevailing rate of daily wages in the

locality where the work is performed shall be paid to mechanics, workmen and laborers

employed by the contractors or subcontractors or by or in behalf of the State or any county

or municipality.

IN CONSIDERATION WHEREOF, said Township of Winslow doth covenant, promise

and agree, to and with the Contractor, that it the Township, shall and will, in consideration of

the covenants and agreements herein contained being strictly performed and kept by the

Contractor as specified, pay or cause to be paid, unto the Contractor the sums set forth

below. MUNICIPAL NETWORK

Year One Service Unit Cost Base amount to include remote monitoring, diagnostics and repairs, call center support

$ per month


$ per 4 hr block

Additional Amount to be charged or deducted per month for servers $

Additional Amount to be deducted per month per workstation $

Hourly Rate to be charged for additional on-site repairs $

Year Two Service Unit Cost Base amount to include remote monitoring, diagnostics and repairs, call center support

$ per month


$ per 4 hr block





POLICE NETWORK

Year One Service Unit Cost Base amount to include remote monitoring, diagnostics and repairs, call center support

$ per month




Year Two Service Unit Cost Base amount to include remote monitoring, diagnostics and repairs, call center support

$ per month




Payment shall be made to said Contractor by orders upon the Treasurer of said

Township, founded upon estimates of the Township Committee as to the amount of work

done or articles furnished and delivered, or both, and upon presentation by said Contractor,

to the Township Treasurer of said Township an appropriate voucher setting forth, in writing,

the amount of work done or goods furnished, and that the work done or articles furnished

are according to this Contract, and according to law.

AND it is distinctly and mutually understood and agreed by and between the parties

hereto, that in case a default is made in the completion of the Contract within the time

specified, in accordance with the terms and conditions hereof, such money as may be due to

said Contractor, or such as would have become due had the terms and conditions of this

Contract and agreement been complied with, shall be and is hereby forfeited to said

Township, and said Township is free to use the same in and about the completion of said


contract, and in case said Township is put to any costs and expenses over and above the

contract price of the Contractor, in and about the completion of the Contract, said Contractor

for themselves, itself, their heirs, executors, administrators, successors and assigns,

expressly agree to hold themselves, itself, their heirs, executors, administrators, successors

and assigns, liable therefore, and hereby covenant and agree to make good the same to the

Township. Upon Township determination that services provided by the contractor are

unsatisfactory, said contract may be canceled subject to thirty (30) day written notice being

provided to the contractor.

AND it is expressly understood and agreed that no money shall be paid to the

Contractor except as above provided, and for the faithful performance of all and every of the

articles and agreements above mentioned, said parties to this agreement are hereby bound,

each to the other, firmly by these presents.

The Contractor agrees to make payments of all proper charges for labor and

materials required in the aforementioned work, and defend, indemnify and save harmless

the Township of Winslow, its officers, agents and servants and each and every one of them

against and from all suits and cost of every name and description, and from all damages to

which said Township of Winslow or any of its officers, agents or servants may be put by

reason of injury to the person or property of others resulting from carelessness in the

performance of said work, or through the negligence of the Contractor, or through any

improper or defective machinery, implements or appliances used by said Contractor in the

aforesaid work or through any act or omission on the part of said Contractor, or his agent or

agents. This provision applies regardless of whether insurance coverage is provided. It is

also agreed and understood that the acceptance of the final payment by the Contractor shall

be considered as a release in full of all claims against the Township out of, or by reason of,

the work done and materials furnished under this contract.

All services, furnishing of material and labor necessary to fulfill the obligations of the

Contractor shall be completed within two (2) years from the date first appearing hereon.


AND it is expressly understood and agreed that this Contract and the referenced

inclusion of the bid documents represent the full understanding between the parties and any

representations, whether oral or in writing, not contained herein, will not be binding on the

parties hereto.

IN WITNESS WHEREOF, the Township of Winslow has caused its corporate seal

to be affixed and attested by its Clerk and these presents to be signed by its Mayor and

(name and address of vendor), a (state of incorporation) Corporation, has caused

these presents to be properly executed, both the day and year first above written.

TOWNSHIP OF WINSLOW

BY: ******************************* Sue Ann Metzner, Mayor

ATTEST: ******************************* Deborah A. Puchakjian, RMC Municipal Clerk

(Seal)

(NAME OF VENDOR

BY: ******************************* Print Name: ___________________ Title: _______________________

ATTEST TO VENDOR SIGNATURE: BY: ******************************* Print Name: ___________________ Title: _______________________

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