HomeMy WebLinkAboutresolution.council.103-13 RESOLUTION # 103
(Series of 2013)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND LEWAN AND ASSOCIATES INC. AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF
ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for IT
Backup and Recovery System, between the City of Aspen and Lewan and
Associates Inc., a true and accurate copy of which is attached hereto as Exhibit
«A
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
IT Backup and Recovery System, between the City of Aspen and Lewan and
Associates, Inc., a copy of which is annexed hereto and incorporated herein, and
does hereby authorize the City Manager to execute said agreement on behalf of the
City of Aspen.
INTRODUCED, READ AND ADOPTED by the i Council of the City of
Aspen on the 18'x' day of November 2013.
Steven Skadron, Mayor
I, Kathryn S. Koch, duly appointed and acting City C erk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, November 18, 2013.
Kathryn S. Koch, City Clerk t/ J
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT - N'2010 Citvflaornev's Office
PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2013-082.
AGREEMENT made as of I 1'day of November, in the year 2013.
BETWEEN the City:
Contract Amount:
The City of Aspen Procurement: $19,672.00
c/o Information Technology
130 South Galena Street Professional Services. $69,980.00
Aspen,Colorado 81611
Phone:(970)920-5055 Total: $89,652.00
If this Agreement requires the City to pay
And the Professional: an amount of money in excess of
$25,000.00 it shall not be deemed valid
until it has been approved by the City
Lewan&Associates Jpc Council of the City of Aspen.
c/o 4:! ' I
1400 South Colorado Boulevard City Council Approval:
PO Box 22855
Date:
Denver,CO 80222
Phone: 1 O-5 • S44 If• 2�Ss _ Resolution No.: 103
For the Following Project:
IT Backup and Recovery System
Exhibits appended and made a part of this Agreement:
Exhibit A: List of supplies,equipment,or materials to be purchased.
Exhibit B: Scope of Work.
Exhibit C: Fee Schedule.
The City and Professional agree as set forth below.
SUPPLY PROCUREMENT
I. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as
described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth
above.
2. Delivery. (FOB 130 South Galena Street Aspen, Colorado 81611).
3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the
Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this
Agreement as if fully set out at length herein.
4. Warranties. (Manufacturer's warranty applies on equipment).
5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and
be binding upon the City and the Professional respectively and their agents, representatives, employee,
successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to
assign, transfer or sublet its interest or obligations hereunder without the written consent of the other
party.
PROFESSIONAL SERVICES
6. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as
set forth at Exhibit B attached hereto and by this reference incorporated herein.
7. Completion. Professional shall commence Work immediately upon receipt of a written Notice to
Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with
professional skill and care and the orderly progress of the Work in a timely manner.The parties anticipate that all
Work pursuant to this Agreement shall be completed no later than December 31, 2013, with the installation and
operation of all the equipment no later than December 31, 2013. Upon request of the City, Professional shall
submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted
as required as the project proceeds, and which shall include allowances for periods of time required by the City's
project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over
the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the
Professional.
8. Payment. In consideration of the work performed, City shall pay Professional on a time and expense
basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly
rates set forth at Exhibit C appended hereto. Except as otherwise mutually agreed to by the parties the payments
made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely
fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or
untimely,the City shall review the matter with Professional within ten days from receipt of the Professional's bill.
9. Non-Assi nag bility. Both parties recognize that this Agreement is one for personal services and cannot be
transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if
authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement.
Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any
subcontractors' officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or
employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable
for payment of any sums due which may be due to any sub-contractor.
10. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City
prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine
that such cancellation is in its best interests and convenience.
11. Termination of Professional Services. The Professional or the City may terminate the Professional
Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing,
addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the
effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to
this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be
relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement
by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until
such time as the exact amount of damages due the City from the Professional may be determined.
12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing
contained in this agreement shall result in, or be construed as establishing an employment relationship.
Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to
provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall
be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under
this contract. The manner and means of conducting the work are under the sole control of Professional. None of
the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and
unemployment insurance, are available from City to the employees, agents or servants of Professional.
Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employ-
ees, servants and subcontractors during the performance of this contract. Professional shall indemnify City
against all liability and loss in connection with, and shall assume full responsibility for payment of all federal,
state and local taxes or contributions imposed or required under unemployment insurance, social security and
income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the
services agreed to herein.
13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees,
insurers, and self-insurance pool, from and against all liability, claims,and demands, on account of injury, loss, or
damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death,
property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner
connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be
caused in whole or in part by,the act, omission, error, professional error, mistake, negligence, or other fault of the
Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the
Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation
claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The
Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such
liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the
City or reimburse the City for the defense costs incurred by the City in connection with, any such liability,claims,
or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or
damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its
employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act,
omission, or other fault of the City, its officers, or employees.
14. Professional's Insurance.
(a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance
sufficient to insure against all liability, claims, demands, and other obligations assumed by the
Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance
requirements imposed by this contract or by law. The Professional shall not be relieved of any liability,
claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to
procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient
amounts, duration, or types.
(b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to
procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured
and maintained with forms and insurance acceptable to the City. All coverages shall be continuously
maintained to cover all liability, claims, demands, and other obligations assumed by the Professional
pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage.
(i) Workers' Compensation insurance to cover obligations imposed by applicable laws for
any employee engaged in the performance of work under this contract, and Employers'Liability
insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00)for
each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit,
and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee.
Evidence of qualified self-insured status may be substituted for the Workers' Compensation
requirements of this paragraph.
(ii) Commercial General Liability insurance with minimum combined single limits of ONE
MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS
($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The
policy shall include coverage for bodily injury, broad form property damage(including completed
operations), personal injury (including coverage for contractual and employee acts), blanket
contractual, independent contractors,products, and completed operations.The policy shall contain
a severability of interests provision.
(iii) Comprehensive Automobile Liability insurance with minimum combined single limits for
bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00)
each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each
Professional's owned, hired and non-owned vehicles assigned to or used in performance of the
Scope of Work. The policy shall contain a severability of interests provision. If the Professional
has no owned automobiles,the requirements of this Section shall be met by each employee of the
Professional providing services to the City under this contract.
(iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS
($1,000,000)each claim and ONE MILLION DOLLARS ($1,000,000)aggregate.
(c) The policy or policies required above shall be endorsed to include the City and the City's officers and
employees as additional insureds. Every policy required above shall be primary insurance, and any
insurance carried by the City, its officers or employees, or carried by or provided through any insurance
pool of the City, shall be excess and not contributory insurance to that provided by Professional. No
additional insured endorsement to the policy required above shall contain any exclusion for bodily injury
or property damage arising from completed operations. The Professional shall be solely responsible for
any deductible losses under any policy required above.
(d) The certificate of insurance provided by the City shall be completed by the Professional's insurance
agent as evidence that policies providing the required coverages, conditions, and minimum limits are in
full force and effect, and shall be reviewed and approved by the City prior to commencement of the
contract. No other form of certificate shall be used. The certificate shall identify this contract and shall
provide that the coverages afforded under the policies shall not be canceled, terminated or materially
changed until at least thirty(30)days prior written notice has been given to the City.
(e) Failure on the part of the Professional to procure or maintain policies providing the required
coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City
may immediately terminate this contract, or at its discretion City may procure or renew any such policy or
any extended reporting period thereto and may pay any and all premiums in connection therewith, and all
monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost
of the premiums against monies due to Professional from City.
(f) City reserves the right to request and receive a certified copy of any policy and any endorsement
thereto.
(g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive
by any provision of this contract, the monetary limitations (presently $150,000.00 per person and
$600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or
otherwise available to City, its officers, or its employees.
15. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovern-
mental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool: Copies of
the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to
Professional for inspection during normal business hours. City makes no representations whatsoever with respect
to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its
membership or participation in CIRSA.
16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of
the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements,
warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing.
17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return
receipt requested to the respective persons and/or addresses listed above.
18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or
sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the
employment of persons to perform services under this contract. Professional agrees to meet all of the
requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment.
19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver
of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can
be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard
whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to
which the same may apply and, until complete performance by Professional of said term, covenant or condition,
the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such
forbearance or indulgence.
20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their
respective heirs, executors,administrators, successors,and assigns.Notwithstanding anything to the contrary con-
tained herein,this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of
Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City
of Aspen authorizing the Mayor(or a duly authorized official in his absence)to execute the same.
16. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101.
(a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-
1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the
employment of and contracting with illegal aliens. These new laws prohibit all state agencies and
political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform
work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an
illegal alien to perform work under the contract. The new laws also require that all contracts for
services include certain specific language as set forth in the statutes. The following terms and
conditions have been designed to comply with the requirements of this new law.
(b) Definitions. The following terms are defined in the new law and by this reference are
incorporated herein and in any contract for services entered into with the City of Aspen.
"Basic Pilot Program" means the basic pilot employment verification program created in
Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, that is administered by the United States Department of Homeland
Security.
- "Public Contract for Services" means this Agreement.
"Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not
involving the delivery of a specific end product other than reports that are merely incidental to
the required performance.
(c) By signing this document, Professional certifies and represents that at this time:
(i) Professional shall confirm the employment eligibility of all employees who are newly
hired for employment in the United States; and
(ii) Professional has participated or attempted to participate in the Basic Pilot Program in
order to verify that new employees are not employ illegal aliens.
(d) Professional hereby confirms that:
(i) Professional shall not knowingly employ or contract new employees without
confirming the employment eligibility of all such employees hired for employment in the
United States under the Public Contract for Services.
(ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to
the Professional that the subcontractor shall not knowingly hire new employees without
confirming their employment eligibility for employment in the United States under the Public
Contract for Services.
(iii) Professional has verified or has attempted to verify through participation in the Federal
Basic Pilot Program that Professional does not employ any new employees who are not
eligible for employment in the United States; and if Professional has not been accepted into
the Federal Basic Pilot Program prior to entering into the Public Contract for Services,
Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in
writing verify such application within five (5) days of the date of the Public Contract.
Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall
in writing verify same every three (3) calendar months thereafter, until Professional is
accepted or the public contract for services has been completed, whichever is earlier. The
requirements of this section shall not be required or effective if the Federal Basic Pilot
Program is discontinued.
(iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while the Public Contract for Services is being
performed.
(v) If Professional obtains actual knowledge that a subcontractor performing work under
the Public Contract for Services knowingly employs or contracts with a new employee who is
an illegal alien, Professional shall:
(1) Notify such subcontractor and the City of Aspen within three days that
Professional has actual knowledge that the subcontractor has newly employed or
contracted with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the new employee who is an illegal alien; except that
Professional shall not terminate the Public Contract for Services with the subcontractor
if during such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
(vi) Professional shall comply with any reasonable request by the Colorado Department of
Labor and Employment made in the course of an investigation that the Colorado Department
of Labor and Employment undertakes or is undertaking pursuant to the authority established
in Subsection 8-17.5-102 (5), C.R.S.
(vii) If Professional violates any provision of the Public Contract for Services pertaining to
the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the
Public Contract for Services. If the Public Contract for Services is so terminated, Contractor
shall be liable for actual and consequential damages to the City of Aspen arising out of
Professional's violation of Subsection 8-17.5-102, C.R.S.
(ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms
under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise
lawfully present in the United States pursuant to federal law, (2) shall comply with the
provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification
required by CRS 24-76.5-103 prior to the effective date of this Agreement.
21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest.
(a) Professional warrants that no person or selling agency has been employed or retained to solicit
or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage,
or contingent fee, excepting bona fide employees or bona fide established commercial or selling
agencies maintained by the Professional for the purpose of securing business.
(b) Professional agrees not to give any employee of the City a gratuity or any offer of employment
in connection with any decision, approval, disapproval, recommendation, preparation of any part of a
program requirement or a purchase request, influencing the content of any specification or
procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in
any proceeding or application, request for ruling, determination, claim or controversy, or other
particular matter,pertaining to this Agreement, or to any solicitation or proposal therefore.
(c) Professional represents that no official, officer, employee or representative of the City during
the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in
this Agreement or the proceeds thereof, except those that may have been disclosed at the time City
Council approved the execution of this Agreement.
(d) In addition to other remedies it may have for breach of the prohibitions against contingent fees,
gratuities, kickbacks and conflict of interest, the City shall have the right to:
I. Cancel this Purchase Agreement without any liability by the City;
2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor
under City contracts;
3. Deduct from the contract price or consideration, or otherwise recover, the value of anything
transferred or received by the Professional; and
4. Recover such value from the offending parties.
22. Fund Availability. Financial obligations of the City payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this
Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this
Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this
Agreement.
23. General Terms.
(a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions,
representations or covenants can be modified, changed, terminated or amended, waived, superseded or
extended except by appropriate written instrument fully executed by the parties.
(b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall
not affect or impair the validity, legality or enforceability of any other provision.
(c) The parties acknowledge and understand that there are no conditions or limitations to this
understanding except those as contained herein at the time of the execution hereof and that after execution
no alteration,change or modification shall be made except upon a writing signed by the parties.
(d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in
effect.
IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized
officials,this Agreement in three copies each of which shall be deemed an original on the date first written above.
CITY OX ASPEN, COLORADO: PROFE IONAL:
Z94— 64�—
[Signature] Si re]
By: �-4 By: r!n 4 K'
[Name] [Nam°]
Title: C i-� Wh.�.y,� Title: �i�. G t,o r7itEc`tt,Ve--
Date: L Date: 3 2,013
Approved as to form:
City Attorney's Office
• JPW-10/28/2013-6568448-M:\city\purchasing\Templates\Procurement&Prof Serv\Procurement&Prof Serv.doc
EXHIBIT A
1 Dell PowerEdge R720xd 225-2110 2 No $9,836.00 $19,672.00
PowerEdge R720xd(225-2110)
1
Dell Hardware Limited Warranty Plus On Site Service Initial Year(936-0967)
1
Non-Mission Critical: 4-Hour 7x24 On-site Service After Problem Diagnosis, 2 Year Extended (936-7183)
1
ProSupport: 7x24 HW/SW Tech Support and Assistance, 3 Year(936-7263)
1
Dell Hardware Limited Warranty Plus On Site Service Extended Year(939-3398)
1
Non-Mission Critical: 4-Hour 7x24 On-site Service After Problem Diagnosis,Initial Year(989-2611)
1
Dell ProSupport. For tech support,visit http://support.dell.com/ProSupport or call 1-800-945-3355(989-3439)
1
On-Site Installation Declined(900-9997)
1
Proactive Maintenance Service Declined(926-2979)
1
PowerEdge R720 Shipping(331-4437)
1
iDRAC7 Enterprise(421-5339)
1
Broadcom 5720 QP 1Gb Network Daughter Card (430-4418)
1
SAS 6Gbps HBA External Controller(342-0615)
1
Chassis with up to 12, 3.5" Hard Drives(342-3567)
1
Bezel (318-1375)
1
Power Saving Dell Active Power Controller(330-5116)
1
UEFI BIOS Setting (331-3765)
1
Unconfigured RAID for H710P/H710/H310(1-24 HDDs) (331-4557)
1
PERC H710 Integrated RAID Controller, 512MB NV Cache(342-3529)
1
Intel Xeon E5-2630 2.30GHz, 15M Cache, 7.2GT/s QPI,Turbo, 6C, 95W, Max Mem 1333MHz(317-9594)
1
Heat Sink for PowerEdge R720 and R720xd(331-4508)
1
DIMM Blanks for Systems with 2 Processors(317-8688)
1
Intel Xeon E5-2630 2.30GHz, 15M Cache, 7.2GT/s QPI,Turbo, 6C, 95W(317-9608)
1
Heat Sink for PowerEdge R720 and R720xd (331-4508)
1
8GB RDIMM, 1333 MT/s, Low Volt, Dual Rank, x4 Data Width (317-9644)
4
1333 MHz RDIMMs (331-4422)
1
Performance Optimized (331-4428)
1
4TB 7.2K RPM SATA 3Gbps 3.5in Hot-plug Hard Drive (342-5272)
6
60OGB 15K RPM SAS 6Gbps 3.5in Hot-plug Hard Drive (342-2056)
6
Electronic System Documentation and Open Manage DVD Kit for R720 and R720xd (331-5914)
1
ReadyRails Sliding Rails With Cable Management Arm (331-4433)
1
Dual, Hot-plug, Redundant Power Supply (1+1), 75OW (331-4605)
1
Power Cord, NEMA 5-15P to C13, 15 amp, wall plug, 10 feet/ 3 meter(310-8509)
2
No Operating System (420-6320)
1
No Media Required (421-5736)
1
Agreement for Procurement and Professional Services Page 0
Exhibit B Scope of Work
LEWAN
STATEMENT OF WORK
A Xerox Company
CommVault Implementation
PREPARED FOR:
City of Aspen/Pitkin County
PREPARED BY:
Lewan Technology
Greg Ask,Account Executive
Dan Troup, Solutions Architect
10/24/2013
1.888.LEWAN85 I www.lewan.com
Comm . - •
City of •- County
TABLE OF CONTENTS
Introduction................................................................................................................................................................ 3
ProprietaryNotice...................................................................................................................................................... 3
ProjectOverview and Scope..................................................................................................................................... 3
Deliverables............................................................................................................................................................... 5
WorkPrerequisites.................................................................................................................................................... 5
ProjectManagement.................................................................................................................................................. 5
CustomerResponsibilities......................................................................................................................................... 5
ProjectCosts ............................................................................................................................................................. 7
Project Timeline and Schedule Changes.................................................................................................................. 8
SupportCalls............................................................................................................................................................. 8
Considerations........................................................................................................................................................... 8
Statement of Work Changes and/or Additions.......................................................................................................... 9
ProjectAcceptance/Authorization.............................................................................................................................. 9
AppendixA-Change Control Form ........................................................................................................................ 10
Appendix B - Project Completion Form................................................................................................................... 11
p. 2 1 1.888.LEWAN85 I www.lewan.com 1 10/24/2013
Comm • - •
City of •- County
INTRODUCTION
1�� rf..
City of Aspen /Pitkin County ("Customer") has requested that Lewan
Technology provide design and implementation assistance for a new J`L�S ti1,9��
backup infrastructure utilizing the CommVault Simpana Suite. This
IN
proposal and Statement of Work(SOW) provides for that assistance. X.
Lewan & Associates, Inc. ("Lewan" and "Lewan Technology") n
provides solutions as part of its DNA (Data center, Network, and CL M
Application delivery and applications). Services across this broad
range of technologies include projects (e.g., analysis/planning,
implementation, and knowledge transfer), managed services (end
user and technology-based solutions), and staffing (augmentation or S
direct hire). All of this is complemented by Lewan's dedicated project TgFFING SERV�C�
� .
management and account management, helping to ensure success. '
Lewan Professional Services (LPS) is a dedicated team of IT
professionals with a proven history of helping customers implement high performance, cost effective, manageable solutions
that satisfy their business requirements.
PROPRIETARY NOTICE
This proposal contains confidential information of Lewan Technology. In consideration of the receipt of this document,
Customer agrees not to reproduce or make this information available in any manner to persons outside the group directly
responsible for evaluation of its contents.
PROJECT OVERVIEW AND SCOPE
The goal of this project is to assist Customer with the following tasks:
• CommVault Simpana data protection implementation
Lewan will perform the tasks under this SOW using a phased approach, with the tasks and deliverables associated with each
phase as follows:
PHASE 1 PROJECT KICKOFF MEETING
The Lewan Project Manager will lead a planning and preparation meeting with Customer contacts. During this meeting, Lewan
will confirm Customer readiness and review the agenda points noted below.
Suggested Customer participants are (based on applicability to project):
• Project Owner/Sponsor
• Main Technical POC
• Project Manager(if applicable)
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The agenda for this meeting includes a review of the following:
■ Scope of the project in this SOW
■ Customer's existing architecture
■ Bill(s) of material (BOM(s))
■ Project timelines,from start to completion, including critical project completion timing requirements
■ Customer processes (i.e., change control, maintenance windows)
■ Customer expectations and key success factors(determined/verified during meeting)
■ Roles, responsibilities, and points of contact for Lewan and Customer(determined/verified during meeting)
PHASE 2 COMMVAULT IMPLEMENTATION
Tasks—Design Session:
• Review current backup and recovery environment
• Assess and document recovery time and point objectives
■ Define storage policies and retention settings by data types, maximum of 6 storage policies
Tasks—Physical Installation:
■ Install a maximum of 2 Media Agent(MA) servers using internal disk storage, 1 per site
■ Configure MA disk storage systems as appropriate for design and best practices
■ Install 64 bit operating systems to MA servers
Tasks—CommVault Simpana Installation and Configuration:
■ Install CommCell server to a virtual machine within Customer's existing vSphere environment
■ Configure initial CommCell settings per design for:
• User access and security
• Storage Policies
• Magnetic Disk Libraries
• Media Agents, 2
■ Install and configure the following software agents, up to the quantities indicated:
• Non-clustered Windows file system agents, 10
• Virtual Server Agent for VMware, 2
• SQL Server,2
• Active Directory, 1
• Exchange, 1
• NDMP, 1
• Additional Microsoft application specific agents as defined by design (SharePoint,AD, Exchange, SQL),4
■ Install and configure file system backup/archiving using OnePass on up to 3 hosts, up to 5 rule sets
■ Perform backup and test restore of data from file system and application specific agents
■ Perform OnePass backup and archive on host using rules, demonstrate file recalls from stubbed files
Tasks—Knowledge Transfer and Documentation:
• Note: During the implementation of this project the Lewan consulting engineer(s)will be working directly with the
Customer staff. The project will be structured to provide knowledge transfer to Customer staff while the work is in
progress
• Prepare as-built documentation for all Consultant installed hardware, software, and key configuration details of the
environment
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PHASE 3 PROJECT CLOSEOUT
Tasks:
• Complete and deliver as-built documentation
• Review the documentation with Customer
• As appropriate,transition ongoing support to Customer and Lewan COR(Continuity Operations&Response)
• Review Customer satisfaction and obtain feedback
• Obtain Customer signoff on Project Completion Form (Appendix B)
DELIVERABLES
The deliverables of this project are the following:
• Fully implemented CommVault Simpana suite for data protection
• As-built documentation for CommVault Simpana, media agent configurations, and storage policy design
WORK PREREQUISITES
The Work Prerequisites for services under this SOW are:
■ Lewan must receive one original copy of this document with an authorized signature and purchase of an FSA
(FlexServe Agreement) and/or credit approval authorization. Upon receipt, this project will commence as specified
under the Project Timeline as agreed by both parties. All dates and times are given to serve for the purpose of
reference only and will not be used against either party for award of payment or deliverables.
■ Customer must designate a single point of contact and a backup contact for communications with Lewan personnel.
PROJECT MANAGEMENT
The Lewan Project Manager performs the following activities:
• Tracking hardware and software shipments and deliveries
• Development and maintenance of project schedules and plans
■ Coordination of weekly/daily status calls with the project team
■ Managing the development and updating of deliverables
• Managing risks and issues
• Performance or coordination of other project activities
CUSTOMER RESPONSIBILITIES
■ Customer is responsible for the backup of all data and verification of those backups (i.e., the ability to fully restore
and recover data) prior to commencement of this project.
• Lewan requires access to Customer personnel for requirements gathering, scheduling, project status and materials
review.
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• All servers, network devices, and other hardware must have power available, and ready network connectivity,
including appropriate name resolution services.
• Unless otherwise noted, Customer will perform all operating system activities and new installations/configurations
with input from Lewan resources. Lewan will work with Customer project team to conform to internal standards.
• As required for the project, Customer will provide root/admin-level access and physical access to all servers, network
devices, and other hardware involved for direct assistance from Lewan resources.
■ Unless otherwise noted, Customer will provide necessary media/access for software and patch installation, typically
DVD-ROM and/or Internet.
■ Unless otherwise noted, Customer will provide support identifiers for contacting vendor support contracts, and/or
provide someone to control and manage the dialog with the vendor support resources.
■ Unless otherwise noted, Customer will provide necessary licensing and related information/documentation to
accomplish services.
• Customer will provide a single point-of-contact for Lewan to coordinate with for this project. This person should have
knowledge of the target systems, and decision-making authority or timely access to the necessary decision-making
authority.
• Customer will promptly coordinate and schedule system outages needed for all services. These events will be
scheduled to avoid project delays while minimizing business and end user impact.
• Customer will provide adequate work area for Lewan personnel, including electrical power, telephone access, and
Internet access.
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PROJECT COSTS
We will use the appropriate blend of consultant(s) and project management to deliver this project. All terms and conditions in
this proposal are valid for 30 days from the date of this proposal,unless extended in writing by Lewan Technology.
Customer and Billing Information (to be completed by Lewan Account Executive and Customer)
PRIMARY (WORK INFORMATION
Acct#(iCare) OR Address, City, State,Zip q 18 9
Primary Contact Name CO t+S t p I bJ C
Primary Contact Email �C im ry tit P8jnq, �f 70 14 L� 1-1 52
1 VV). �h S t %AC
BILLING INFORMATION
Bill to Acct#(iCare) (,{ 8 1
PO#(or Approving Customer Name if no PO)
Attach PO if exists.
Use Existing Retainer(FSA)? ❑ Yes Z,.No If Yes, name of existing retainer:
Special Billing Instructions(e.g.,out-of-town SEC S`J t4
travel, pre-billing, or other billing requirements)
OTHER SPECIAL INSTRUCTIONS
Fixed Cost for LPS Consulting Services
CATEGORY
Consulting Services $17,500 Fixed fee inclusive of all design and implementation
services
Out-of-Town Travel Expenses $600 Estimated travel expenses. Customer will be billed for
actual expenses occurred by Consultant.
■ Billing for this project will take place via monthly progress payments based on percentage complete (based on
calendar month).
Additional notes:
■ Any work performed outside of the scope of this SOW will be billed at rates negotiated separately.
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• Product related to the services in this SOW will be invoiced upon receipt by Customer, payable according to the
terms on the product invoice(s).
• A one-way trip charge will be billed to Customer at the hourly rate for the SE or Project Manager. All travel time will
be assessed from the Lewan office at 1400 S. Colorado Boulevard, Denver CO 80222 to the Customer location.
Standard rates will apply to business-hours travel, and over-time and double-time rates will apply as noted below.
There is a minimum 15-minute trip charge. These trip charges are included in the fixed fee or estimated costs stated
in this SOW.
• Travel expenses for this SOW such as hotel, airfare, rental car, meals, etc. for out of town travel will be billed
separately as incurred.
• Any consultant and/or project manager services performed outside of normal Lewan business hours (Monday through
Friday, 8:00am--5:00pm) will be billed at the overtime and/or double time rate(s) outlined in Customer's Lewan
Pricing Agreement. If the Customer has no Lewan Pricing Agreement, double the hourly rate is used for Sunday and
Holiday work and time-and-one-half the hourly rate is used for other off-hours support.
• This SOW does not include any formal classroom-based training. Any time spent training Customer will be billed at a
separately negotiated rate or outlined in Customer's Lewan Pricing Agreement.
PROJECT TIMELINE AND SCHEDULE CHANGES
All dates unless agreed upon in advance are subject to change. A minimum of a two-week notice may be required to
schedule resources.
Customer's requested project start date: To be determined
■ Once this service has been scheduled, any changes to the schedule must occur at least eight calendar days prior to
the schedule date. If Customer reschedules this service within 7 days or less prior to the schedule date, there will be
a rescheduling fee not to exceed 25%of the Customer price for the services.
SUPPORT CALLS
Requests for support should be made through the Continuity Operations & Response (COR) Center at 888-LEWAN88 (888-
539-2688) or supportalewan.com. Hours of normal operation are Monday through Friday, 8:00am-5:00pm (excluding
company holidays).A message can be left outside the normal hours of operation and will be returned the next business day.
CONSIDERATIONS
When working in, maintaining or resolving issues in an existing IT environment, there is always the risk of data loss due to the
failure of equipment or software. Lewan Technology will do everything feasible to prevent any loss of data, as well as make
effort to avoid system failure or downtime. Lewan Technology cannot be held liable or accountable for the loss of data or cost
of reconstruction should they occur during the course of this agreement. We recommend that customers create, verify and
maintain backup copies of all data prior to services being rendered.
Lewan Technology is rendering services in an advisory and service capacity. Lewan personnel strictly adhere to the licensing
terms and conditions of all manufacturers' license agreements. Our responsibilities for installing software and hardware, and
for product warranties, are limited to the manufacturer's specifications and terms.
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Technology advances have created an environment where many manufacturers as well as vendors do not have the
opportunity to test every possible combination of hardware and software. Lewan Technology has established key vendor
relationships with hardware and software vendors to ensure the highest level of technical support in order to resolve complex
issues. Lewan consultants will utilize all levels of technical support to ensure that services are performed effectively and
efficiently. Our consultants will provide ongoing communications with Customer regarding unresolved or complex issues and
additional time that may be required to resolve them.
Lewan will provide no charge warranty support via telephone or e-mail for services performed by us for thirty (30) days after
each SOW has been completed. This support is limited to problem determination and resolution related exclusively to
workmanship issues performed by Lewan and does not include training, technical skills transfer, or application support, unless
otherwise agreed to within the SOW. Requests for on-site support or remote access will be provided with a one-hour minimum,
unless otherwise defined within the SOW.
STATEMENT OF WORK CHANGES AND/OR ADDITIONS
Lewan offers a wide variety of consulting services. We will partner with your Company to help you meet every business
objective possible. Please make us aware of any changes and/or additions to this SOW or to your business needs. Upon
identification of potential scope changes, Customer and Lewan will agree on the course of action. As appropriate, Lewan will
then proceed to generate a new SOW or Change Control document(reference the Change Control Form—Appendix A).
PROJECT ACCEPTANCE/AUTHORIZATION
We believe the SOW outlined in this document will meet the requirements of the work to be performed. Any modifications to
this document will be made in writing and agreed to by both parties subject to additional charges.
Authorized Customer Signature:
Printed Name: Date:
Authorized Lewan Signature:
Printed Name: Date:
This agreement shall be in effect until either party provides written notice of cancellation. This SOW incorporates the
terms and conditions of the Lewan Professional Services General Terms and Conditions("GT&C').
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APPENDIX A =CHANGE CONTROL FORM
AUTHORIZING , , / •
Customer Name
Customer Phone
Customer E-mail/Fax
CHANGE 1 '/
Project Name/Number
Change Title/Number
Request Date
Party Requesting Change(Name)
CHANGE DESCRIPTION
Tasks
Period of Performance
Deliverables
Pricing
By signing below, Customer and Lewan Technology authorize the above stated changes to this SOW:
FOR: CUSTOMER 1': LEWAN TECHNOLOGY
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
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APPENDIX B - PROJECT COMPLETION FORM
PROJECT INFORMATION
Customer Company Name
SOW Date
Project Number
Purchase Order Number
Date Submitted to Customer
SERVICE DELIVERY PERIOD
Start Date End Date
CONSULTANT 1 PROJECT MANAGER ,
SERVICES 1 DELIVERABLES
By signing below, Customer acknowledges acceptance of the above stated Services and Deliverables:
O' FOR: LEWAN TECHNOLOGY
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
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EXHIBIT C
Fee Schedule
Equipment $19,672.00
Application Data Management Protection Bundle $44,800.00
Support&Maintenance 1 year $ 7,080.00
Professional Services $17,500.00
Travel Expenses $ 600.00
Total $89,652.00
Agreement for Procurement and Professional Services Page 1
• t;
Business License
Permission is Hereby Given To: License Number Year Issued
09661 2013
LEWAN &ASSOCIATES, INC
PO BOX 22855
DENVER, CO 80222-0855
To Maintain and Carry On The Following Described Business : Miscellaneous Store Retailers
For The Term From 1/01/2013 To 12/31/2013
In Testimony Whereof the Corporate Seal Of the City Of Aspen
Is Hereunto Affixed On This Date
OF ASA Attest:
GO�tPOI�gT��
2
Mayor
�L0 City Clerk
Director of Finance
Sales Tax License
Nature of Business License Number Expiration Date Date Issued
Miscellaneous Store Retailers 09661 12/31/2013 1/01/2013
Licensee: This certifies that the licensee shown Hereon is
LEWAN &ASSOCIATES, INC authorized to collect sales/use taxes for the City
of Aspen,Colorado,at the address shown
PO BOX 22855 hereon,in accordance with the city code.
DENVER, CO 80222-0855
J
NOT TRANSFERABLE
Valid Until Revoked or Cancelled Director of Finance, City of Aspen