HomeMy WebLinkAboutresolution.council.094-14 RESOLUTION #94
(Series of 2014)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND LEWAN TECHNOLOGIES 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
Storage Area Network, between the City of Aspen and Lewan Technologies, 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 Storage Area Network, between the City of Aspen and a copy of which is
annexed hereto and Lewan Technologies 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 th 'ty Council of the City of
Aspen on the 11 th day of August 2014.
G
Steven Skadron, Mayor
I, Linda Manning, duly appointed and acting City Cl rk do certify that the
foregoing is a true and accurate copy of that resolution ado ed by the City
Council of the City of Aspen, Colorado, at a meeting held, August 11, 2014.
Linda Manning, C I ty Clerk
The City of Aspen
CITY OF ASPEN STANDARD FORM OF AGREEMENT - %'zoo WtyAttorney's Office
PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES
City of Aspen Project No.: 2014-017.
AGREEMENT made as of I I day of August, in the year 20H.
BETWEEN the City:
Contract Amount:
The City of Aspen
Procurement: $46,792.00
c/o Information Technology
130 South Galena Street Professional Services: $ 6,760.00
Aspen, Colorado 81611
Phone:(970)920-5055 Total: $53,552.00
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
Lewan Technologies until it has been approved by the City
g Council of the City of Aspen.
c/o Greg Ask
1400 South Colorado Boulevard City Council Approval:
PO Box 22855
Denver,Colorado 80222 Date: August 11, 2014
Phone: 970-495-6454 Resolution No.:
For the Following Project:
`Storage Area Network
Exhibits appended and made a part of this Agreement:
L:xhibit 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 firth below.
Agreement for Procurement and Professional Services Page 0
SUPPLY PROCUREMENT
1. 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 S. 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.
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 not-
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
September 30. 2011. with the installation and operation of all the equipment no later than September
30, 2014. 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 adiusted 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. "file 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-Assignability. 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 ol'any ol'the responsibilities
or obligations under this Agreement. Professional shall be and remain solely responsible to the City
Agreement for Procurement and Professional Services Page I
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 stuns
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 tirne 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 frorn 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, employees, servants and subcontractors during the performance of this
contract. Professional shall indemnify City against all liability and loss in connection with, and shall
assume frill 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 dernands, 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
Agreement for Procurement and Professional Services Page 2
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 fortes 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
Agreement for Procurement and Professional Services Page 3
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 dernand, 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
Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper-
ty/Casualty Pool. Copies of the CIRSA policies and manual arc kept at the City of Aspen Risk
Management Department and arc available to Professional for inspection during normal business
hours. City makes no representations whatsoever with respect to specific coverages offered by
Agreement for Procurement and Professional Services Page 4
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. Nan-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-discritination 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 contained 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 sarne.
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. "fhe 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.
Agreement for Procurement and Professional Services Page 5
"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 tinder 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.
Agreement for Procurement and Professional Services Page 6
(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
Agreement for Procurement and Professional Services Page 7
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:
1. 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 fl•om time
to time in effect.
IN WITNESS WHEREOI', 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.
Agreement for Procurement and Professional Services Page 8
CITY OP Sl j N, COLORADO: 1 PROI-C IONAL:
(Signature[ Si ue
By:
(Name]
Title: C : y /`ra„Q ye.- "Title:
Date: `l— �' j Date: 7 2 O l
Approved as to form:
',,�ity Attorney's Office
Agreement for Procurement and Professional Services Page 9
EXIBIT A SUPPLY PROCUREMENT & PROFESSIONAL SERVICES AGREEMENT
Lewan&Associates,Inc. „.
1400 South Colorado Boulevard Date Expiration
LEWAN P n Box 22855 ]ul 23, 2014 9:28 AM Date
Denver,Colorado 80222 MDT Jul 31, 2014
United States
http://www.lewan.com Doc#
{�j(j L (a Description
- rev Z of 2
Description
Nimble RFP-Best&Final
Salesl
A Xerox Company ]acquot, Cindy
(P)970-495-6454
Customer Contact
None
Customer Bill To Ship To
City of Aspen(C03623) City of Aspen City of Aspen
130 S Galena St Glaser, Rich Glaser, Rich
Aspen,Colorado 81611 130 S Galena St 130 S Galena St
(P)970-429-1750 Aspen, Colorado 81611 Aspen,Colorado 81611
(P)970-429-1750 (P)970-429-1750
Customer PO: Terms: Ship Via:
None Unknown FedEx Ground
Special Instructions: Carrier Account#:
None None
L_-_.-___ _._- - -- —- ----- --
Hi�1ii"i�i7� QtyTa)( UnA Price Total,
1 24TB Raw, 16-33TS Usable,64000 Flash Cache,2x10gige+ 2x1 GigE,High CS240G 1 No $34,781.00$34,781.00
Perf Controller
2 NBD Parts Delivery, SW Sup& Infosight- 240 3 yr SLA-CS240-NBD-3YR 1 No $12,011.00$12,011.00
Subtotal: $46,792.00
Tax(0.000%): $0.40
Shipping: $0.00
Total: $46,792.00
This Quote is valid for 30 days unless otherwise stated. Please contact a Lewan&Associates'Sales Representative for questions or
changes. Prices indicated may not include applicable sales taxes, insurance,shipping,delivery or setup fees;actual charges will be
calculated on your invoice. Orders are fulfilled in the order in which they are received;supply subject to availability. Without an RA
(Return Authorization)number,products may not be returned. Returned product may be subject to a restocking charge. Please contact
our returns Department at 303-759-1545, extension 2296, for questions or to initiate a return.Thank You for the opportunity to be of
service!
* DENVER* FORT COLLINS*COLORADO
SPRINGS* BOULDER*SILVERTHORNE*
CHEYENNE*GLENWOOD SPRINGS* PUEBLO
EXHIBIT B SUPPLY PROCUREMENT & PROFESSIONAL SERVICES AGREEMENT
LEWAN
TECHNOLOGY
STATEMENT OF WORK
A Xerox company
City of • - ♦ - Implementation
PREPARED FOR:
City of Aspen
PREPARED BY:
Lewan Technology
Greg Ask,Account Executive
Dan Troup, Solutions Architect
7/22/2014
1.888.LEWAN85 I www.lewan.com
Nimble Implementation
City of
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
AppendixB-Project Completion Form................................................................................................................... 11
I
p. 2 1 1.888.LEWAN85 I www.lewan.com 1 7/22/2014
Nimble Implementation
City of Aspeii
INTRODUCTION
The City of Aspen ("Customer") has requested that Lewan S Mq
Technology install and configure a new Nimble iSCSI storage array at
their Aspen, CO location. This proposal and Statement of Work y�Q- Cep
(SOW)provides for that assistance.
n
Lewan & Associates, Inc. ("Lewan" and "Lewan Technology") a � N �X m
provides solutions as part of its DNA (Data center, Network, and
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
direct hire). All of this is complemented by Lewan's dedicated project G SERV��
•
management and account management, helping to ensure success.
Lewan Professional Services (LIPS) 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:
• Installation of Nimble CS240 storage system in customer rack at one location
• Configuration of Nimble CS240 system according to best practices and customer requirements
• Configuration of physical hosts and vSphere cluster to access Nimble storage
• Data Migration from Equallogic to Nimble using standard data migration tools
• Knowledge transfer throughout installation and configuration
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 rioted below.
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'J7
Suggested Customer participants are (based on applicability to project):
• Project Owner/Sponsor
• Main Technical POC
• Project Manager(if applicable)
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 IMPLEMENTATION
Tasks—Nimble CS240 Installation and Configuration:
• Review design requirements for Nimble iSCSI storage environment
• Confirm and/or complete physical installation and cabling per best practices
• Initialize storage array and update firmware
• Install and configure Nimble Protection Manager and MPIO on up to 4 iSCSI attached hosts
• Perform volume creation, presentation to iSCSI attached hosts and verification of read/write access
• Test high availability of storage controllers
• Configure volume snapshots and protection policies
• Configure auto support, heartbeat registration and email alerting
• Register customer/system with Nimble InfoSight and demonstrate use
• Provide knowledge transfer on configuration, provisioning, snapshot use and recovery, and general user interface
usage
Tasks—Data Migration Planning and Training
■ Help develop high-level data migration plan for City of Aspen's current workloads that live on physical servers and
virtual servers within vSphere environment.
• Demonstrate configuration of Nimble iSCSI datastores and data migration from Equallogic datastores to new Nimble
datastores using vSphere storage vMotion.
• Demonstrate discovery of Nimble iSCSI LUNs via Equallogic multipathing software and data migration using standard
tools like robocopy. Review data validation and cutover steps to using Nimble connected storage. Including Nimble's
best practices for multipathing.
Note: This project does not include services to complete the migration of all of the City of Aspen's physical
and virtual servers. The aim is to train the City's team on hest practices and time tested methods of
performing these migrations during suitable times for their business.
Tasks—Knowledge Transfer&Documentation:
• 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.
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■ The Lewan engineer will take screenshots during the installation and configuration to deliver an as-built guide.
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:
• Installed and fully functional Nimble CS240 system
• As-built documentation for Nimble CS240 system
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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City of Aspen
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 CUS[OMER SITE (WORK LOCATION)AND CUSTOMER CONTACT INFORMAI ION
Acct#(iCare) OR Address, City, State,Zip
Primary Contact Name
Primary Contact Email Primary Contact Phone
BILLING INFORMATION
Bill to Acct#(iCare)
PO#(or Approving Customer Name if no PO)
Attach PO if exists.
Use Existing Retainer(FSA)? ❑ Yes ❑ No If Yes, name of existing retainer:
Special Billing Instructions(e.g., out-of-town
travel, pre-billing, or other billing requirements)
OTHER INSTRUCTIONS
I
Fixed Cost for LIPS Consulting Services
V CATEGORY TOTAL 1
Consulting Services $5960 Fixed fee inclusive of all design and implementation
services
Out-of-Town Travel Expenses $800 Estimated travel and transportation expenses. Customer
will be billed for actual expenses incurred.
• 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 supporta)lewan.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).
I
PROJECT ACCEPTANCEIAUTHORIZATION
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:
IPrinted 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 MANAGER 1 •
Customer Name
Customer Phone
Customer E-mail/Fax
CONTROL CHANGE
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:
1' / 1•: LEWAN TECHNOLO
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Date: Date:
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APPENDIX B - PROJECT COMPLETION FORM
PROJECT
Customer Company Name
SOW Date
Project Number
Purchase Order Number
Date Submitted to Customer
SERVICE DELIVER I Y PERIOD Start Date End Date
PROJECT CONSULTANT AND
SERVICES AND DELIVERABLES
By signing below, Customer acknowledges acceptance of the above stated Services and Deliverables:
FOR: CUSTOMER O. LEWAN
Signature: Signature:
Printed Name: Printed Name:
Title: Title.
Date: Date:
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Aspen Multi-site Nimble CS240 Deployment
City of Aspen —City Hall City of Aspen DR Site
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VSA,Imellisnap Proxy Host 2 sockets 1 12 Cores,32GS RAM
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EXHIBIT C SUPPLY PROCUREMENT& PROFESSIONAL SERVICES AGREEMENT
COSTS
Equipment Purchase $46,792.00
Professional Set-vices $ 6,760.00
Total $53,552.00