FORM OF TENDER 12/2017 SUPPLY AND DELIVER VARIOUS CISCO COMPONENTS

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1 FORM OF TENDER 12/2017 SUPPLY AND DELIVER VARIOUS CISCO COMPONENTS For The Corporation of the City of Thunder Bay -- Corporate Information and Technology -- Legal Name of Firm Mailing Address City Postal Code Telephone Number Cellular No. Fax Number Name of Contact Person Print Name Address Signature of Authorized Official Date This form must be completed, signed and received on or before the date and time specified, or your tender will not be considered. Closing Date and Time 12:00 noon, local time Tuesday, May 16, 2017 Tenders are to be Delivered to: City of Thunder Bay Supply Management Victoriaville Civic Centre (main floor) 111 Syndicate Avenue South Thunder Bay, ON P7E 6S4 THE LOWEST OR ANY TENDER NOT NECESSARILY ACCEPTED

2 Page 2 of 10 INFORMATION TO BIDDERS Definitions Bidder(s)/Contractor(s): means all persons, partnerships or corporations who respond to this Tender and includes their heirs, successors, and permitted assigns. City\Owner: means The Corporation of the City of Thunder Bay. Contract: means the agreement to be entered into between the Successful Bidder and the City with respect to the supply of the Goods and or Services. It shall be based upon this Form of Tender, with any agreed upon amendments, and shall include any plans and specifications and will be held to cover the supply of any and all work, labour, implements and materials that could be reasonably required to properly and satisfactorily supply the Goods or Services. Contract Administrator: means the person, partnership, or Corporation designated by the Owner to be the Owner s representative for the purposes of this contract. Form of Tender: means this Tender document including all schedules, parts and attachments, as issued by the City, including any addenda or amendments made to it after initial issue. May: Used in this document denotes permissive. Must/Shall/Will: Used in this document denotes imperative. Successful Bidder/Contractor/Proponent: means the Proponent/Contractor/Bidder whose Tender is/are accepted and who has/have agreed to supply the Goods and/or Services as outlined herein. Document Fee: The City charges a non-refundable fee of $35.00 (inclusive of taxes) for documents payable by cheque, cash or debit. If downloaded, the fee is to be included in the submission. The fee is to be submitted in Canadian Funds. Submission Bidders are to submit two (2) identical copies of their bid to the City Supply Management Office at 111 S. Syndicate Avenue, Victoriaville Civic Centre (Main floor), Thunder Bay, Ontario, P7E 6S4. One (1) copy should be clearly marked Original. Bids are to be submitted on the Tender document provided and are to be sealed in the preprinted Tender envelope or with the return label affixed to the outside of the envelope when provided. The bid documents provided are not to be altered by the bidder other than inserting information where requested on the RFQ document. Consideration will be given to your Tender if received in the Supply Management Office not later than the date and time shown on the front page. Tender will be opened publicly in the board room of Supply Management Office, Victoriaville Civic Centre at 2:30 p.m. of the same day. Facsimile, , or telephone submissions will not be accepted.

3 Page 3 of 10 Late Submissions Tenders received after the deadline will not be considered. The City will assume no responsibility for submissions that do not arrive in the Supply Management Office by the specified closing date and time. Late submissions will be returned unopened to the bidder. Submissions in English All submissions are to be in English. Any submission received by the City that is not entirely in the English language may be disqualified. Grounds for Disqualification of Submission The City will disqualify or deem submissions non-compliant for the following reasons, unless otherwise noted in this document: Failure to submit documents in accordance with the closing date and time on the cover page or subsequent agenda. Failure to complete and sign Tender on the form provided. Failure to comply with any of the mandatory requirements. Unauthorized changes to bid document. Litigation No bid shall be accepted from any Contractor, its principals, directors or any officer of that firm, or another related person (as determined by the Manager Supply Management, in his or her sole and unreviewable discretion), with whom the City is engaged in unresolved litigation. Questions/Inquiries Communications concerning this Form of Tender are to be in writing and directed to; Vicki Gagné-Smith, Senior Buyer (or designate) Supply Management Phone: (807) Fax: (807) vgagne-smith@thunderbay.ca Inquiries must not be directed to other City employees or Elected Officials. Directing inquiries to other than those designated may result in your bid being rejected. The deadline for questions/inquiries will be Tuesday, May 09, 2017 at 12:00 noon, local time. All clarification requests are to be sent in writing to the individual mentioned above, and are to reference the Tender number. No clarification requests will be accepted by telephone. Responses to clarification requests will be provided to all interested parties.

4 Page 4 of 10 Acknowledgement of Addenda Any and all changes will be issued by Supply Management in the form of a written addendum. If addenda are issued, their receipt is to be acknowledged by the bidder in the appropriate section of the Tender document. The City will assume no responsibility for oral instructions or suggestions. Addenda will be provided to all who have registered with the City Supply Management Office as well will be posted on the City s website for download It is the bidder s responsibility to check the website prior to closing for any issued addenda. The City will assume no responsibility for any addendum not received. All bidders are to indicate and confirm the following on the line below: Number of Addenda received: Review of Requirements All bidders should carefully review this solicitation for defects or questionable matter. Comments or the need for clarification must be made in writing. Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of Supply Management as per the terms set out in this Tender. Submissions shall be in accordance with City of Thunder Bay Standard Terms and Conditions for Tenders, Proposals, Contracts and Quotations and the City by-law Number For additional information about the City of Thunder Bay and its policies and by-laws visit References The submission of a Tender authorizes the City to contact all references provided. Failure to provide references & details of experience may result in this submission not being considered. Qualifications Submissions will be evaluated from firms or individuals that can demonstrate that they have the necessary staffing, facilities, experience, ability and financial resources to perform the work in a satisfactory manner. Proven track record must be demonstrated. The City reserves the right to inspect the bidder s facility and to perform such investigations as may be deemed necessary to insure that competent personnel and management and suitable equipment/material will be used in the performance of this contract. Tenders will be accepted only from Certified Authorized re-seller of Cisco equipment in Canada and the equipment must be new equipment sourced directly from Cisco Canada, or from an authorized Canadian distributor of Cisco equipment. Freedom of Information All submissions to the City become the property of the City, and as such, are subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act.

5 Page 5 of 10 This will confirm that the City will not use/disclose the information provided, without proper authorization, and will keep the information in a physically secure location to which access is given only to staff requiring access. Rights Reserved by the City Tenders will be evaluated from firms or individuals that can demonstrate that they have the necessary staffing, facilities, experience, ability and financial resources to perform the work in a satisfactory manner. Proven track record must be demonstrated. Submission of a Tender indicates acceptance by the firm of the conditions contained in this Tender Call, unless clearly and specifically noted in the Tender and in any contract between the City and the firm(s) selected. These reserved rights are in addition to any other express rights or any other rights which may be implied in the circumstances and the City shall not be liable for any expenses, costs, losses or any direct or indirect damages incurred or suffered by any proponent or any third party resulting from the City exercising any of its express or implied rights under this RFP. The City reserves the right to: Make public the names of any or all proponents, Inspect the bidder s facility and to perform such investigations as may be deemed necessary to insure that competent personnel and management and suitable equipment/material will be used in the performance of this contract, Without prejudice, reject any or all Tenders and to determine, in its own best judgement, the firm best qualified to undertake this contract, Waive formalities and accept Tenders which substantially comply with the requirements of this Tender, Accept any Tender in whole or in part, Award this contract in whole or in part, without recourse or penalty, that which is deemed most advantageous to the City, Unless it otherwise states, to award by item, or part thereof, groups of items, or all items of the Tender, and to award contracts to one or more proponents submitting identical submissions as to price; to reject any and all submissions in whole or in part; to waive technical defects, irregularities and omissions and to negotiate minor changes, if in so doing, the best interest of the City will be served, Make changes, including substantial changes, to this Tender provided that those changes are issued by way of addenda in the manner set out in this Tender, Select any bidder other than the bidder whose Tender reflects the lowest cost to the City or the highest score, Negotiate minor changes with the proponent that presents the most attractive Tender, Request written clarification or the submission of supplementary written information in relation to the clarification request from any proponent and incorporate a proponent s response to that request for clarification into the bidder s Tender, Verify with any bidder or with a third party any information set out in a Tender,

6 Page 6 of 10 Disqualify any bidder whose tender contains misrepresentations or any other inaccurate or misleading information, Disqualify any bidder or the tender of any bidder who has engaged in conduct prohibited by this Tender, Terminate the contract without notice if due to non-performance and unsatisfactory service and unsatisfactory product performance, Call in alternate services if the bidder/contractor is unable to provide the service when it is requested, Cancel the project without cause and without incurring any liability whatsoever if deemed in the best interest of the City to do so, Cancel this Tender process at any stage and, if required, issue a new Tender for the same or similar deliverables, In its discretion, take any one or more of the following steps, at any time and from time to time, in connection with the review and evaluation, including ranking, of any aspect of a Tender: Independently consider, investigate, research, analyze, request or verify any information of documentation whether or not contained in any Tender, Conduct reference checks relevant to the Project with any or all of the references cited in a Tender, or with any other person not listed in a Tender, to verify any and all information regarding a bidder, including its directors, officers and Key Individuals, Conduct any background investigations that it considers necessary in the course of the Competitive Selection Process, By submitting its Tender, the bidder authorizes the collection of information by the City, Assess a bidder s Tender on the basis of: A financial analysis determining the actual cost of the Tender when considering factors including transition costs arising from the replacement of existing goods, services, practices, methodologies and infrastructure (howsoever originally established), Information provided by references, The bidder s past performance on previous contracts awarded by the City, The information provided by a bidder pursuant to the City exercising its clarification rights under this Tender process, or Other relevant information that arises during this Tender process. The City is not responsible for any costs incurred by the bidders in the preparation of their response to the Tender call or attendance at any selection interviews. The City will not accept responsibility for any delays or costs with any reviews or approval process. Prices must be firm for the duration of the contract. This is a Tender call and not an invitation for proposals. The basis of award is subject to budget availability and/or Council Approval. The City of Thunder Bay Council shall have the final authority on all matters regarding this Tender Call. Indemnity

7 Page 7 of 10 The successful bidder shall indemnify and hold the City harmless from and against any liability, loss, claims, demands, costs and expenses, including reasonable legal fees, occasioned wholly or in part by any acts or omissions either in negligence or in nuisance whether wilful or otherwise by the bidder, it s agents, officers, employees or other persons for whom the bidder is legally responsible. Insurance The successful proponent shall, at its own expense, obtain and maintain until the termination of the contract, and provide the City with evidence of: Comprehensive general liability insurance on an occurrence basis for an amount not less than Five Million ($5,000,000) dollars and shall include the City as an additional insured with respect to the City s operations, acts and omissions relating to its obligations under this Agreement, such policy to include non-owned automobile liability, personal injury, broad form property damage, contractual liability, owners' and contractors' protective, products and completed operations, contingent employers liability, cross liability and severability of interest clauses. Automobile liability insurance is required for an amount not less than Five Million ($5,000,000) dollars on forms meeting statutory requirements covering all vehicles used in any manner in connection with the performance of the terms of this Agreement. The policies shown above will not be cancelled or permitted to lapse unless the insurer notifies the City in writing at least thirty (30) days prior to the effective date of cancellation or expiry. The City reserves the right to request such higher limits of insurance or other types of policies appropriate to the work as the City may reasonably require. The successful proponent shall not commence work until such time as evidence of insurance has been filed with and approved by the Manager Supply Management for the City. The successful Firm shall further provide that evidence of the continuance of said insurance is filed at each policy renewal date for the duration of the contract. Workplace Safety and Insurance Act (From Successful Proponent Only) The Successful Proponent shall also furnish evidence of compliance with all requirements of the Workplace Safety & Insurance Act with a Certificate of Clearance. In Reference To Workplace Safety & Insurance Act (From Successful Contractor Only) The City requires all contractors, exempt contractors and independent operators to have a Status Ruling done from the WSIB prior to any work being carried out for the City. Any contractor deemed to be WSIB exempt, not required by law, an independent operator or ineligible for a clearance certificate must provide an equivalent professional liability insurance policy that includes coverage not limited to loss of earnings benefits and health care coverage. The City may not issue a purchase order until the appropriate requirements have been satisfied. It is also the responsibility of the contractor to ensure that coverage does not lapse for the entire duration of the contract. Upon expiry of a clearance certificate, a valid certificate should be forwarded to the City.

8 Page 8 of 10 Certificates Required (From Successful Contractor Only) Prior to the commencement of any work under this contract, the contractor will file with the City, to the attention of the Manager - Supply Management, a Certificate of Insurance, and WSIB Clearance. SPECIFICATIONS In General The City of Thunder Bay, Corporate Information Technology, requires various Cisco Components. Tenders will be accepted only from Certified Authorized re-seller of Cisco equipment in Canada and the equipment must be new equipment sourced directly from Cisco Canada, or from an authorized Canadian distributor of Cisco equipment. The specifications in this request are the basic minimum requirements that are necessary to obtain the desired performance, reliability and low cost of operation and maintenance. For purposes of evaluation the total cost of the base equipment as specified in the Tender, excluding options, will be considered, although optional items may be added or deleted as deemed necessary by the City. All equipment specified in this Form of Tender may be subject to Approval by City Council and Budget Funding. Attachments Standard Terms and Conditions for Tenders, Proposals, Contracts and Quotations Certificate of Insurance Safety Features The equipment supplied must meet all municipal, provincial and federal regulations which are in effect on the date of manufacture of the unit. C.S.A. And Ontario Hydro Approved All equipment supplied must be approved by the Canadian Standard Association and Ontario Hydro and bear labels as such. Delivery, Acceptance and Payment It is anticipated the award will be made within five (5) calendar days of the closing of this Tender. The City will not make any payment until all items/terms applicable to this Tender have been included/completed to the entire satisfaction of the City. Vendor(s) shall not assume that physical delivery to the City implies full acceptance of the unit.

9 Page 9 of 10 SPECIFICATIONS Bidders shall fill out confirmation and/or comments of each and every corresponding item as indicated. Failure to complete such confirmation may result in the unacceptability of this Tender. Provide pricing in the space provided on Page 11. Part Number Description Qty Required Items 1 WS-C PS-L Switch 10 2 STACK-T2-3M 3M Stacking Cable 2 3 C3650-STACK-KIT Stack Kit 10 Optional Item 4 CON-SNT-WS6548SL 12 months 8x5 smartnet for PS-L switch 10 Warranty The performance and material warranty should be fully stated and attached to the Tender submission. Dealer should supply a full description of all extended warranties available including any additional costs. PARTS AND SERVICE State Full particulars regarding Warranties and Maintenance:

10 Page 10 of 10 SCHEDULE OF PRICING SUPPLY & DELIVER CISCO COMPONENTS For the City of Thunder Bay Corporate Information Technology I/We, the undersigned, do hereby Tender and offer to enter into contract with the City of Thunder Bay for the Supply and Delivery of various Cisco Components as listed, in accordance with the attached "City Standard Terms and Conditions for Tenders, Proposals, Contracts and Quotations" and all the specifications and terms of the City s Tender which are set forth below and attached at the prices indicated in the space provided for that purpose, all to the entire satisfaction of the Manager - Supply Management or his appointed agent. The price(s) quoted Include all duty, taxes (other than HST), customs, clearances, cartage, freight and all other charges now or hereafter imposed or in force and is a Total Firm Price. Harmonized Sales Tax (HST) to be Extra and must be shown separately on invoicing. All pricing is to be in Canadian Funds. A CASH DISCOUNT of % will be allowed if accounts are paid within 20 (twenty) days after the receipt of the invoice in Accounts Payable (address as shown on the purchase order) for goods or services that are acceptable. Terms of Payment (cash discount) will be taken into consideration as part of the award and the City will not consider cash discounts for payment periods less than 20 days. I/We agree that the City has the right to purchase that equipment which in its opinion most closely conforms to operating conditions. I/We guarantee DELIVERY of the following described equipment to Corporate Information Technology, McKellar Mall, Thunder Bay, Ontario, within days after notification of the award of Tender. Part Number Description Qty Unit Price Total Required Items: 1 WS-C PS-L Switch 10 2 STACK-T2-3M 3M Stacking Cable 2 3 C3650-STACK-KIT Stack Kit 10 Optional Item: Total for Required Items 4 CON-SNT-WS6548SL 12 months 8x5 smartnet for PS-L switch 10

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13 From: Ph: City of Thunder Bay Supply Management Division Victoriaville Civic Centre 111 Syndicate Ave S (main floor) THUNDER BAY ON P7E 6S4 CLOSING DATE TENDER # When Downloading Tender Documents, cut or fold this page in half and Affix this ADDRESS LABEL to your tender submission envelope. Please indicate the Tender #. Also include your firm s name in the top left corner.