Loading...
HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - CONTRACT - RFP - 7380 NETWORK EQUIPMENT & SMARTNET SERVICESSERVICES AGREEMENT WORK ORDER TYPE THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Global Technology Resources, Inc., hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Services to be Performed. a. This Agreement shall constitute the basic agreement between the parties for services for 7380 Network Equipment & SmartNet Services. The conditions set forth herein shall apply to all services performed by the Service Provider on behalf of the City and particularly described in Work Orders agreed upon in writing by the parties from time to time. Such Work Orders, a sample of which is attached hereto as Exhibit "A", consisting of three (3) page(s) and incorporated herein by this reference, shall include a description of the services to be performed, the location and time for performance, the amount of payment, any materials to be supplied by the City and any other special circumstances relating to the performance of services. The only services authorized under this agreement are those which are performed after receipt of such Work Order, except in emergency circumstances where oral work requests may be issued. Oral requests for emergency actions will be confirmed by issuance of a written Work Order within two (2) working days. b. The City may, at any time during the term of a particular Work Order and without invalidating the Agreement, make changes within the general scope of the particular services assigned and the Service Provider agrees to perform such changed services. Service Agreement — Work Order Type Page 1 of 15 EXHIBIT A SCOPE OF SERVICES A) Hardware and Software Purchases Service is essentially defined by workflow in three phases; Ordering, Delivering, and Invoicing. The majority of purchases will be for Cisco products. However, the following are examples of the types of equipment other than Cisco the City of Fort Collins anticipates purchasing under the provisions of a Service Agreement to be developed from this RFP process: • APC UPS, typically ranging in size from 1000 VA to 3000 VA XL; Tower and rack mount • Transition Media Converters - standalone and chassis Ordering 1. City of Fort Collins staff initiates a request for pricing and availability either by phone or e-mail. This step in the workflow often opens discussion regarding equipment specification details, options, and alternatives. 2. Knowledgeable and experienced Service Provider staff develops a quote consistently based upon Cisco discounts and any additional incentives established by the Service Agreement derived from this RFP process. Product delivery schedule information is included in the quote with emphasis noted for backorders exceeding two weeks after receipt a purchase order from the City of Fort Collins. 3. Quotes must be delivered within a maximum of 3 business days. Delivering 1. Service Provider staff acknowledges receipt of the City of Fort Collins purchase order and confirms quoted items have been ordered from Cisco. 2. Service Provider staff provides updated shipping and tracking information at regular intervals, flagging any changes in the forecasted delivery schedule. Invoicing 1. Service Provider staff provides invoices for delivered products, itemized in accordance with the originating quote. Invoices must clearly list individual line items from the quote. Purchase order and quote numbers must appear on each invoice. 2. All SmartNet purchases, appearing as line items on the originating quote, must be invoiced separately. SmartNet invoices must clearly list individual SmartNet line items from the quote and reference the associated quote and purchase order numbers. 3. Payment is processed by the City of Fort Collins, following confirmed delivery of hardware and software and receipt of a quote -specific, itemized invoice. B) SmartNet Maintenance Maintenance contracts will be awarded for one-year and may be renewed annually for a period not -to -exceed five years. Unless otherwise specified by City of Fort Collins staff, hardware and software maintenance coverage will be provided in the following order based on coverage options available at the time of purchase: 1. Cisco Smart Foundation Service 2. Cisco SmartNet Service Service Agreement - Work Order Type 7380 Network Equipment & SmartNet Services Page 10 of 15 The City of Fort Collins requires two separate SmartNet maintenance contracts. One is specific to the network and telecommunications inventory of the City of Fort Collins. The second is specific to the inventory of the Poudre River Library District. City of Fort Collins IT staff will clearly identify with each hardware or software purchase to which individual contract the SmartNet coverage pertains. Purchase quotes, developed by Service Provider staff, must reference "Poudre River Library District' when appropriate. Coverage changes may be specified at each annual renewal. Annual Maintenance Renewal Service Provider staff will provide a separate quote and corresponding spreadsheet inventory for the City of Fort Collins and the Poudre River Library District accounts. The quote will list the following: • Line number • Quantity • Item Number (Cisco) • Item Description (Cisco) • List Price (Cisco) • Unit Price (discounted price) • Total (extended unit price) The corresponding spreadsheet will list the following: • Cisco Service SKU • Cisco Part number • Cisco Serial Number • Contract Number (Cisco) • Start Date (contract) • End Date (contract) • List Price (Cisco) • Customer Price (discounted price) • Notes — end of support dates, license quantity, etc. Quote and spreadsheet line items must be identically sorted to facilitate reconciliation between documents. SmartNet contracts will be awarded each year to effect coverage from 3/31 of the award year until 3/30 the following year. The City of Fort Collins Network Administration Manager or designated representative will approve renewals. Service Agreement — Work Order Type 7380 Network Equipment & SmartNet Services Page 11 of 15 EXHIBIT B PAYMENTS .PRICING MATRIX ' - Annual - Dnli pur[hase . �E4tendeB :SmarlNet Extended 0.nnuaL Part Nu4cr. Quarnity. Prwc - Puroh=P4cci tPricc(Unii 5M:"Nct Pnc'e{; -Contma TYpei ESW CCX-50PRE-SEAT1 25 _ $` - 5 19280. 5' '4,820,00, CCX-50PRE-SEAT1=" 10 $.: - 5' -LS2A0 S. ---1928.00 CCX-A4CWBUNDLEE 1 5 "' - - 5 648.00 S` '648.00 CVTO-K9'0L380> 1 '$' S.1;34.1.20, S '1,14 :20, LIC-CAP.1-7635z 3- '$: - 5' 1;343.20. 5 ':4,020,,60. MPE-MED:1V 25 $' - -- - 5 '72DO S 1,8W.00 P,IPE-PLLISI-V' 3O $. 5. +46.40 S i?9T:O0' 1APE-561TOA:I E D-UPG 1 $ S 67650. 5'+676:80 SW-CUP6.DK9P 1 .:$ 5 1.1510. 5 33520 FCOLi1,1 . - E1El=11[20 5 ... _ _ _ ...$ . _ '_ 5 . -1110 5 ..-.- 56.00: CO",,.- S'. ,:2M.00 t9VITV-VPd-USR', 1505 $'- -. S'- I6.40 1 S '9,632`.M Typo ubtotals: S I$i :z6;D40.E0! Cantraa Typc:5M65 - AIR-AP1020-A-K9 1 - - 'S.' .35.20' S. 3520 AIR-AP1231G-A'-K0 27 8 - - S. 3680. S' .9933.60, IR-BR1310G-A-K9 42 5 '714:45, $ 3O.M690 5; 45.60, S - ,1915:20 1R-9R1310GA-K9-R 11 5 1714.45. $; '73L58.95' S F45.60 -S - 501'.60' AIR-LAP1131AG-A-K9 2 5' ;384:45 $.'. P .76a.90, S', 124.80 5. -49.60 CISCO1606-R-CH 1 88.80' S 88,80. CISC01761 --- .2 $" S. '9600' S.19200 CISCO1841 1 - $' 5`. :51.60' S' 5.3,60 G I5002011 XIN, 1 $',- 5: 287.20' 5. -28720 CISCO2801-5EGK9 3 $': 5 134A0 5. .f403120 CISCO2811: 1 $, 5 '184.80. .S' 184.80. CISCO2821. 1 $' '-", 5 231.20 S: =23i120: W&C2950.24 ,1 $.... 5..:..'25.60 S.-: -25A0 WS-C2930G24,; '. - - 1 '- $ 5 SEW 5:. `-56.00 WSC2950i46P5T-L -.:1 5',.'i2472.25i .$'. 2,472.25, 5. li4.40. 5 - --I`.:114:40 W.P-C2080:BTC-L ' 1 5 ' 492 25 $.: 492.25: S - 23.20 . S - - - - 23120, WS-C29603-24TC-L 7 'S ;x2,OR7.25' '$'. :14,fiM751 5 s84 no. 5' . SM 00'. W5C28600748Tf L 1 SI !.3,79215 };.' 3.7S2.25: 5"11MDO' S. 1S000 WSC25500-BTC-L' 1 5" 76725 $'-^• ';767.25` 5` '3600 S'^ - „36,00: WSC356024PS-E, 5.. S'.. i'16720. S'..' 183600. WS-MWO-24TS-E 7 S' 14640. S '146:40: WSC356D-.4BP5?E. "2 $: 5-215.20. Sr >47040. WSCJ560-9BP5.5 Y ,$ 5. 18400, 5 im 00 WSC356DG-48P5-E - 1 ;5':''-7,419 50 $'4 7.419.50, 5. 37440 S . 374'40 WSC35600-48PS-S 1 S. ,5,22225: a"' 5',222.25: 5. _269.60 ,S. 3E1:60. SC375P24PS-E "' - - ;1 $'. -' ', 5:„ 22160r S :221.60 WSC37W48PS;E '2 -'$ $ 25520, S --- 54040. WS-C375088TS.E �6 $;' 5 29520 '5 1,,77L20 WSC375DE-24PD-E - 17 8-:]R50.50 $;.. 13A,61L.50: 5' 50310: 'S' •9,554A0 WSC3750E.24PD-S - .2 S. :5,66225 y..'JOJ450 S. 3624D S- :724:SO 5-C3750E-4BPD-EF;:' ` C2 5,:16,49450 $','32198900, 5;: 1f O55120, S 52;110AG. SC37500-24PS-E 11 5';:'6,48450 .5;'.'.6,484.50'. 5"'&.80' S' ✓384.80' 5-C3750G'24PS=S 5 5 :4,28725 $ ,'21;43625'. 5 24000 5' :1,2W 00 5-C3750G-24T-E' r.2 :S' 5;494.50 $•-, 10,9M.00, 5 363 A0 S, `737f60'. SC375DG-24TS-E l S . 6,044.50. $' " '6,044,50' 5 ` 406.40 $ 406:40' 5-C375DG-24TS-S, 3 S 3,R47.25 $ 7,654.50 5; 258,40, 5' -S16.M 5-C3750G 48PS-E" '4 '5'J12-91950..5 51.679.00. 5 . 72240, S 42,880.60: WS-C3750G'48P5-5 14 5 '8;52225' $r.119,31050' S :'404.00' 5" ":: 5,656,00: S-C3750G-48TS-E '1 S::1309450 $ 12,M4.50' 5., 66160 S".'''661:60. 5-C3750C48TS-S „2 5' '7,69725 1$' 15.384.50. 5 44310' 5 LSR6:40. Type Sublatalsol$.502;463.501' Service Agreement - Work Order Type 7380 Network Equipment & SmartNet Services Page 12 of 15 :PRICING MATRIX ;Annual ' Unit P4mhase 'Pxiended SmarlNel°- EnentlMAnnual' ^PanNuiOtier. Quendty .._ .�, .._. Pdce ' ., PurchSse Pilce ".PFlce70nle ...... .., xr 3martNet Pdwi Comma TV= SNT AIR:AP1020-B-K9 29 5 $. '71,60 S 2.1.'41:50!. AIR-BR131DG-A-K9=R` - 2 5'714.45 5-1,429.90. .$' 93.20 S ICA.40;. AIR:CT5508=50-K9 . '2 S�'12.372125'. S '24;744.50 $11340.00 5'.. 2,8W.00 AIR-WLC210C-.K9 '5 St -1,372.25 S 6,861:25. $' 209D0. 5 ;I,OW,00! AIR:WLC4402-SDK9 '7 5-'1,M7.25: 5,' '1,097.75 $1:2M 00 5` �1,280.00: ASA5540-BUWK9 :2 5::934725 'S 118.694.50 S>1:63120' S'. 1.262.40.. ATA186-11-A= 23 - 5 = $' 122SO S.. -2.O440' C2821-VSEC.SRSTIK9 2 5 $. `50710 5 "1.014'40. CIS002801-SRSTIO - ' 1 -' 5 $' .30240 5' - - `302.40- CISCO2801-VM9. 2 5 - S '25200'.. S .504-001 CISCO2811-SRST/K9 1 5 - 5 ;40320 S. 403.20' CISCO2811-VAQ 4 5' $' 33600 'S 1.344.00: CISCO26214M9 3 5 - '$. ,'420.00 S' ;1!260.00: C18002921-SECFKG '1 5 ,2,527.25 5 2.527.25 'S- ;440.00' 5. 440.00' CP-7911G=, 7 5: 122,75 5 86h25 j% 640 S :44.R0'. CP-7914= '4 5 $, 7.20 5 iMBU CP-7937G=• 1 5 - 767.25 5 _'767.25 $. 38.40 S .38.40' CP-7942G 27 S' 2L7.25 5 5.865.75. j. 6.40, S. 172.B0 CUVA-V2= 5 5 $. 7.20. 5, ,36.00' CVFNW005 rIFE-BUN 1 - 5 $'. ?192.00 5 ...192.00. GUC-CTMN-5A. 1 5': 1,L52.25 5 '1!152.25 04d0, S 134.40' I8C57835H2-K9-CN1A2 1 ' 5_ $; .•76RD0 'S 7M.00 FRCS-703&H2-RC1 1 5, $ RR.1.20 S' SKL20'. MCS-7045H2-CCXI 2 S - '$ 1.766:40''S, 3,532.90' PWR.RPS2300= 1 5 :660.00 5 560.00, '$"140.80, 'S' 140.80 VG202 18 5; '437.25 5 3.498.00 $C ,51.20, 5 '409.60 VG204 10 54 '712.25 5 7.122.50 IS; :83.20 IS. ;832.00 VG224 - .9 5� ;2,967.25 5 '26,705,26 $:. 345'.6U''S; ;3.LL0:40.. VG224FIIP- - '.9 S. /2,269.75 5 .20,418.75 $- :345.60 S' '3.110.40'. WSC2900124PC-L :2 5p 11,372.25 5' 2;744.50 $: 115.20 5230.40. VJ5C2900C-BPC-L 1 5� 574.75' 5 . �574.75' $' '4160' S'-- +4L60 WS-C2960S-24TS-L 2 5' 1-647:25 5' 3.294.50. $,. ;•260D0 S'- 520.00' Vda-C29805-48FPS-L' '1 54'4;122.25'. 5 4;122.25, '$.--2G000, .S'. :260D0' YJS-C29005-48LP5L .3 SS '3,572:25'. 5. ;1D,716:75 $ 260.D0.. 5,, J80100, WS;C29E0S-48TS-L :3 S_ $2,747.25 S 8.241175 '$ MOOD 5' 790.00, W5-C3560-,12PG:S' �2 5J:1,M7.25' 5 '2,194.50''S.' 8BD0' 5, 176:00' Vd5-C350048P55, .2 5' :$• 33520: S: '670:40 W c36B0=8PC-S 1fi $; 767.25 5 12.276.00', ? :64 RO' 'S 1,046 SW M-C3560G248PS-E •1 5; :. 7,419.50 S 7,419.50, '$ .6801A S' '680.00' WS-C3560X-24P-S`. -'4 5' 12,80500, S 11,220: D0. '..5. Q7600- S. V1.5D .Do. VJSC3560X-24T-S: -;1 5 :'2;365.00'. S 2,365.00 376D0 5` . :376:00. WSC3560X-48P1s '2 Si ±4, R5ODO 5 ';560.00 S- _`1,120.00 WSC375ox:24P-S„ _ .9 5 ;4;01500' S 36:115.00 -.$'.560.00. 5- ' 5.04000' WSC3760X24TS. tit S:.:"575.00 5 7.150.00'. ,5• 560.00'.S -1:120:00: WSC3760X-48P,-5., 12 5'.:'7;150.00 5 114,300.00. $'r560.00 S,' '1.120.00: WSC3760X-48T-S tR 5-6;325.00 S :50,600.00 $' t560,00 S' '4,4M.00 VJS-C4900M •4 5 9.350.00 5'.. ?11.4L*161 $'-.Si015i20.5 4;30010' VJ5Xi020-G&RJ4G- ,'4 5: :'1';925'.00 S 7;700:00. 940.80' Type SFbtotals: �s, .3s D,764.15'� i:5'/•'64.036,BO.t Service Agreement - Work Order Type 7380 Network Equipment & SmartNet Services Page 13 of 15 PRICING MATRIX- �Mnual t. • Unit Purchae_e '�Fxtentledy !SmanNet FxteMed Anneal PariNumhet Quantity v->P�Ice'. f: PurchaiePrice. : Price unitt �SmartNet Pricer' Cantraot Typo S WIR, 02621-VSEVKo "1 ------- ..._.' 5-- `= $`, 1672.Doi '5 1, 672:00' CISCO7204VXR 1 5. 11,550.00 5' Q1,SSO.DO, $`3.528.00, 5-3.522.00; tACS7835112-KS-CMA2 2 S, $'1.228.90, S . "2.457.60 NICS-7846112-ECS2 ;1 '5 $(2•]08.8W 5.-_'2.708.801 WS-C6W9-E: 2 5'-5,225.00 S 10,'450.00' $=8.73600 S- '17,472:00. WE-C6513 11 S '8,797.25 5:-8.797.25; $13.104,M 5 ;13.1w.00' Type'Subintels: i.S i.1 D,797:25`i Equlpmentand Maintenance Totals; s a6a 62o_9n; i5;( _39.842A0� 5 - 15 ].3PR,OR NOTES of Esceptlan, darlliollon, Volume PAvIng Discounts; E c-;, .Harderere pricing Is,, not avallable f& all produas CsnUnned in this bid. Lines 415;78 ;19, 23-31, 37,-'% 47-G1 FA. 00.72, 75. 78 74.8L&9f 06, 110; 112-113 ere all end 'Hardware .ppeing - - contained In this bid Is for artleni under:MWkin Clsto List • rice:., ' 'C ixo Hardwe re purchases above look. Ild�pricei.ii1 have a'' discount of48 %off lisl:. The pricing containedin this bid is guaranteed fog 1 year_irom the ao'ard date of this oonlr'act. Pri Jng G;All _tie ray' ne®adated on a yeaAy balls. Service Agreement — Work Order Type 7380 Network Equipment & SmartNet Services Page 14 of 15 EXHIBIT C INSURANCE REQUIREMENTS 1. The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: "The insurance evidenced by this Certificate will not be cancelled or materially altered, except after ten (10) days written notice has been received by the City of Fort Collins." In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Service Provider's general liability and automobile liability insurance policies for any claims arising out of work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreementforall of the Service Provider's employees engaged in work performed under this agreement: Workers' Compensation insurance with statutory limits as required by Colorado law. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Service Provider shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $500,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. Service Agreement — Work Order Type 7380 Network Equipment & SmartNet Services Page 15 of 15 Changes in the Work. The City reserves the right to independently bid any services rather than issuing work to the Service Provider pursuant to this Agreement. Nothing within this Agreement shall obligate the City to have any particular service performed by the Service Provider. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified by each written Work Order or oral emergency service request. Oral emergency service requests will be acted upon without waiting for a written Work Order. Time is of the essence. Contract Period. This Agreement shall commence June 1, 2012 and shall continue in full force and effect until May 31, 2013, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Service Provider and mailed no later than 90 days prior to contract end. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without is fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within fifteen (15) days from the onset of such condition. Early Termination by City/Notices. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be mailed at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by Service Agreement — Work Order Type 7380 Network Equipment & SmartNet Services Page 2 of 15 the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following address: Service Provider: City: Copy to: Global Technology Resources, Inc. City of Fort Collins City of Fort Collins Attn: Marie Chillemi Attn: Bob Singleton Purchasing Dept. 990 S Broadway Suite 400 PO Box 580 PO Box 580 Denver, CO 80209 Fort Collins, CO 80522 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the termination date, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole right and remedy for such termination. 7. Contract Sum. This is an open-end indefinite quantity Agreement with no fixed price. The actual amount of work to be performed will be stated on the individual Work Orders. The City makes no guarantee as to the number of Work Orders that may be issued or the actual amount of services which will in fact be requested. 8. Payments. a. The City agrees to pay and the Service Provider agrees to accept as full payment for all work done and all materials furnished and for all costs and expenses incurred in performance of the work the sums set forth for the hourly labor rate and material costs, with markups, stated within the Bid Schedule Proposal Form, attached hereto as Exhibit "B", consisting of three (3) pages, and incorporated herein by this reference. Payment shall be made by the City only upon acceptance of the work by the City and upon the Service Provider furnishing satisfactory evidence of payment of all wages, taxes, supplies and materials, and other costs incurred in connection with the performance of such work. 9. City Representative. The City's representative will be shown on the specific Work Order and shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the work requested. All requests concerning this Agreement shall Service Agreement — Work Order Type 7380 Network Equipment & SmartNet Services Page 3 of 15 be directed to the City Representative. 10. Independent Contractor. It is agreed that in the performance of any services hereunder, the Service Provider is an independent contractor responsible to the City only as to the results to be obtained in the particular work assignment and to the extent that the work shall be done in accordance with the terms, plans and specifications furnished by the City. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the city. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights under the Agreement or of any cause of action arising out of the performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. C. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City -furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any Service Agreement - Work Order Type 7380 Network Equipment & SmartNet Services Page 4 of 15 such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired or replaced by Service Provider in a manner and at a time acceptable to City. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties, shall be binding upon said parties, and shall inure to the benefit of the respective successors and assigns of said parties. The Service Provider hereby agrees that it will require its officers, employees, and agents to comply with the terms and conditions of this Agreement in the performance of all work under this Agreement. 17. Indemnity/Insurance. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever, brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. Service Agreement - Work Order Type 7380 Network Equipment & SmartNet Services Page 5 of 15 C. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit "c", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Director of Purchasing and Risk Management, P. O. Box 580, Fort Collins, Colorado 80522 one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the city. 18. Entire Agreement. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. 19. Law/Severability. This Agreement shall be governed in all respect by the laws of the State of Colorado. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction such holding shall not invalidate or render unenforceable any other provision of this Agreement. 20. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that: a. As of the date of this Agreement: 1. Service Provider does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Service Provider will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. Service Agreement — Work Order Type 7380 Network Equipment & SmartNet Services Page 6 of 15 b. Service Provider shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Service Provider is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. d. If Service Provider obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Service Provider shall: Notify such subcontractor and the City within three days that Service Provider has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 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 illegal alien; except that Service Provider shall not terminate the contract 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. e. Service Provider shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. If Service Provider violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Service Provider shall be liable for actual and consequential damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102, C.R.S. Service Agreement — Work Order Type 7380 Network Equipment & SmartNet Services Page 7 of 15 g. The City will notify the Office of the Secretary of State if Service Provider violates this provision of this Agreement and the City terminates the Agreement for such breach. CITY OF FORT COLLINS, COLORADO a municipal corporation By. a es B. O'Neill II, CPPO Director of Purchasing and Risk Management Date: GLOBAL TECHNOLOGY RESOURCES, INC. I By: �h Greg Byles Print Name Title CEO Corporate President or Vice President Date: June 1, 2012 ATT�e ^ ie� (Corporate Seal) Corporate Secretary Glenn smith ?.•;,P.PORn. OG SEAL:� 'n 0® 01R o Service Agreement — Work Order Type 7380 Network Equipment & SmartNet Services Page 8 of 15 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND GLOBAL TECHNOLOGY RESOURCES, INC. DATED: Work Order Number: Purchase Order Number: Project Title: 7380 Network Equipment & SmartNet Services Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this work order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of (_) pages are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. User Acceptance City of Fort Collins By: Date: By: Director of Purchasing and Risk Management (over$60,000.00) Date: Service Agreement - Work Order Type 7380 Network Equipment & SmartNet Services Page 9 of 15