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HomeMy WebLinkAbout535429 DYNAMIC SYSTEMS INC - CONTRACT - BID - 7609 ORACLE DATABASE APPLIANCE7609 Oracle Database Appliance Page 1 of 11 SERVICES AGREEMENT 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 DYNAMIC SYSTEMS, 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. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A" and submitted as the response to Bid 7609 Oracle Database Appliance, consisting of sixteen (16) pages and incorporated herein by this reference. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 2. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated within ten (10) days following execution of this Agreement. Installation services shall be completed no later than April 25, 2014. Time is of the essence for installation. Any extensions of the time limit set forth above must be agreed upon in a writing signed by the parties. 3. Contract Period This Agreement shall commence upon the date of execution shown on the signature page of this Agreement and shall continue in full force and effect through installation, unless sooner terminated as herein provided. In addition, maintenance & support will be provided by the Service Provider for a period of one year from the date of installation of the product. The maintenance & support scope of work may be extended for DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 7609 Oracle Database Appliance Page 2 of 11 additional one year periods not to exceed four (4) additional one year periods. Written notice of renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to contract end. 4. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its 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. 5. Early Termination by City/Notice. 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 delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Service Provider: City: Copy to: Dynamic Services, Inc. Attn: Ron Wilburn 124 Maryland Street El Segundo, CA 90245 City of Fort Collins Attn: Anthony Sanchez PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, 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. 6. Contract Sum. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, per the attached Exhibit "A", incorporated herein by this reference. The fee for annual support and maintenance is firm DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 7609 Oracle Database Appliance Page 3 of 11 at $9,993.23 for years two (2) thru five (5). 7. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests concerning this agreement shall be directed to the City Representative. 8. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 9. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. 10. 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 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 7609 Oracle Database Appliance Page 4 of 11 written consent of the City. 11. 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 or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 12. 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 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. 13. 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 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 7609 Oracle Database Appliance Page 5 of 11 according to the terms of this agreement, such party may be declared in default thereof. 14. 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. 15. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 16. Indemnity/Insurance. a. 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. 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 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 7609 Oracle Database Appliance Page 6 of 11 Exhibit B, 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. 17. 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. 18. Law/Severability. The laws of the State of Colorado shall govern the construction interpretation, execution and enforcement of this Agreement. 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. 19. 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 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 7609 Oracle Database Appliance Page 7 of 11 all newly hired employees to perform work under this Agreement. 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: 1. 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 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 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. DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 7609 Oracle Database Appliance Page 8 of 11 f. 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. 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. 20. Red Flags Rules. Service Provider must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Service Provider must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit “C“ - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 3/20/2014 DY N A M I ( SYS T [ M S® CITY OF FORT COLLINS PROJECT NAME: ORACLE DATABASE APPLIANCE RFP # 7609 DYNAMIC SYSTEMS, INC. March 11, 2014 EXHIBIT A DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 RESPONSE TO CITY OF FORT COLLINS PROJECT NAME: ORACLE DATABASE APPLIANCE RFP # 7609 PREPARED BY DYNAMIC SYSTEMS, INC. March 11, 2014 Contact: Ron Wilburn Account Manager Corporate Headquarters: 124 Maryland Street El Segundo, CA 90245 (720) 266-4350 Ofc (303) 437-0676 Cell (303) 648-4935 Fax Ron. Wilburn@DynamicSystemsl nc. com Website: www.DynamicSystemslnc.com DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 TABLE OF CONTENTS SYSTEM SPECIFICATIONS ...................................................................................................... 1 PROPOSAL PRICING ................................................................................................................ 5 A. DYNAMIC SYSTEMS' PRICING SHEET ............................................................................. 5 B. VENDOR'S STATEMENT .................................................................................................... 6 SUPPORT AND MAINTENANCE PLAN .................................................................................... 7 SCHEDULE ................................................................................................................................ 8 TRAVEL AND EXPENSES ......................................................................................................... 9 REFERENCES .......................................................................................................................... 10 PAST EXPERIENCE ..........................•..................................................................................... 12 SUBCONTRACTOR ................................................................................................................. 13 RESUMES ................................................................................................................................ 14 ATTACHMENTS ...................................................................................................................... 15 ACKNOWLEDGEMENT OF ADDENDUMS ....................................................................................... 16 DYNAMIC SYSTEMS' QUOTE #14-0704 ....................................................................................... 17 ORACLE HARDWARE AND SYSTEMS SUPPORT POLICIES ............................................................... 18 OPTIONAL RECOMMENDED SERVICES ........................................................................................ 19 :r DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 Dynamic Systems, Inc. RFP # 7609 SYSTEM SPECIFICATIONS The Oracle Database Appliance (ODA) is a member of Oracle's Engineered Systems product line. The ODA is a fully integrated and redundant system of software, servers, storage and networking in a single box that delivers high-availability database services. ODA Specifications: I Processor J Number I Two 12-Core CPU's per Sun Server X4-2 ,~ A- r-c-h1-·te_c_tu-re ___ I Type: Intel Xeon 12-Core Processor I CPUs I Intel 2.7 GHz 12-Core Xeon ES-2697 v2, 130W City of Fort Collins Oracle Database Appliance Page 'I DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 Capacities Total DIMM slots: 16 (per Sun Server X4-2) DIMM type: DDR3L 1600MHz Registered DIMMs DIMM size: 16-GB 1600MHz, 1.35V Maximum capacity: 256GB (per Sun Server X4-2) Integrated Interfaces Video Processor PCI Expansion Slots 10/100/1000 RJ-45 GbE Ethernet Ports per Sun Server X4-2 uec11cate:ct 10/1 OOM Base-T Ethernet network management p01t, In-band, out-of-band and side-band network management access. rear panel high-density HD-15 video port, VGA 2-D embedded graphics controller, for resolutions of up to 1,280 x 1024 x 16 bits@ 60Hz (l,024 x768 when viewed ---·~·-·J via Oracle Integrated Lights Out Manager) Oracle Integrated Lights Out Manager (Oracle ILOM) provides: Remote Keyboard, Video, Mouse redirection Full remote management through command-line, IPMI, and browser interfaces Remote media capability (DVD, CD, ISO image) Two front accessible USB 2.0 ports Two rear accessible USB 2.0 ports Two internal USB 2.0 ports external low profile PCI Express 3.0 slots and One internal slot. Each PCie slot PCie slot 2 - xl6 mechanical I x8 electrical, dual-p01t external SAS-2 HBA PCie slot 3 - x8 mechanical I x8 electrical, dual-port external SAS-2 HBA PCie slot 4 - Internal only access, dual-port internal SAS-2 HBA Internal Mass Storage Disks Power Supplies Storage DE2-24P: • Twenty 2.5" 900GB - 10000 RPM SAS-2 HDDs. (18TB raw, 9TB (double-miITored) or 6TB (triple-mirrored) usable capacity.) • Four 2.5" 200GB SAS-2 SLC SSDs. (Per Shelf for database redo logs. Slots 20-23 only)Sun Server X4-2: • Two 2.5" 600GB - 10000 RPM SAS-2 HDDs. (Mirrored for operating system.) Dual redundant, hot swappable power supplies (Power supply rating output= 600W @ 100-127V AC/200-240V AC) (AC power: Maximum AC input current at lOOVAC and 600W output: 7.2A) DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 Environment Temperature Humidity Altitude Oracle Database Appliance Racks Single, non-rack system: Operating: 5° C to 35° C (41° F to 95° F) Nonoperating: -40° C to 70° C (-40° F to 158° F) Single, non-rack system: Operating: 10% to 90% relative humidity noncondensing, 27° C (80.6° F) max wet bulb Nonoperating: up to 93% relative humidity noncondensing, 38° C (100.4° F) max wet bulb Single, non-rack system: •n<>r<>tiinn• up to 3000 m (9,842 ft.), maximum ambient temperature is derated by 1° C per m (984.25 ft) above 900 m (2,952.76 ft) up to 12,000 m (39,370 ft.) 290 CFM typical; 400 CFM maximum. UL 60950-1 2nd Ed, EN60950-1, IEC60950-l CB Scheme with all country differences FCC CFR 47 Part 15 Subpart B Class A, EN55022 Class A, EN 61000-3-2, EN61000-3-3 Safety: cULus, CE, BSMI, CCC, GOST-R, S-Mark EMC: CE, FCC, VCCI, ICES, C-Tick, KCC, CCC Class A, GOST-R mm (1.7 in.) per server, 87.9 mm (3.5in.) per storage shelf mm (17 .2 in.) per server, 483 mm (19 in.) per storage shelf mm (29 in.) per server, 630 mm (24.8 in.) per storage shelf 18kg (40 lb.) per server, 24kg (52.9 lbs) per storage shelf Racks are as follows: • One Snap-In Slide Rail Kits is included with each Sun Server X4-2. One Rackmount Kit is included with the Storage DE2-24P. DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 One Rackmount Kit is included with the Storage DE2-24P. DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 PROPOSAL PRICING A. DYNAMIC SYSTEMS' PRICING SHEET DESCRIPTION QTY PART# UNIT COST $51,847.66 7106985; cost includes part# Oracle Database Appliance 1 333V-20-15-C14 for the 8 power Estimate delivery X4-2, bare metal with all CPU date: 10 to 15 cores activated cords business days Storage expansion shelf 1 7106986 $31,429.28 Annual Support/maintenance 1 858179 $9,993.23 plan Annual Support/maintenance Annual 858179 $9,993.23 plan (years 2-5) Cost Professional services to physically install, setup, and configure the Oracle 1 PS-CCS-FC $10,320.00 Database Appliance (lump sum) Travel & expenses (only actual 1 costs will be billed) TRAVEL_EXPENSES $1850.00 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 Dynamic Systems, Inc. RFP # 7609 B. VENDOR'S STATEMENT I have read and fully understand all the conditions, specifications, and special instructions herein set forth above. I hereby agree to comply with all said conditions, special instructions, and specifications as stated or implied. FIRM NAME: Dynamic System~nc. SIGNATURE: ~~ u~ PRINT NAME: Ron Wilburn TITLE: Account Executive ADDRESS: 7715 So. Madison Circle, Centennial, CO 80122 PHONE: 303-437-0676 FAX: 303-648-4935 E-MAIL: ron .wilburn@dynamicsystemsinc.com City of Fort Collins Oracle Database Appliance Page 6 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 D y n a m i c S y s t e m s , I n c . RFP # 7609 S U P PO RT A N D MA INT E NA NC E P LA N Oracle Premier Support provides essential support services including 24/7 technical assistance, powerful proactive support resources, and product updates. My Oracle Support is Oracle's one-stop online technical support portal offering a wealth of resources for Oracle Premier Support customers. Search knowledge articles, participate in communities, log/track service requests, sign up for alerts, view product health recommendations, download product updates/patches, and take advantage of Oracle Maintenance and Upgrade Advisors. City of Fort Collins Oracle Database Appliance Page 7 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 SCHEDULE Schedule for Delivery, installation and configuration; 1) Delivery: 2-3 weeks after order placed 2) Installation: a. Pre-installation Activities: (Performed after order received and before delivery) 1. Delivery installation documents to Fort Collins II. Review of installation documents with Fort Collins iii. Installation documents are finalized Iv. Fort Collins registers CSI number, Dynamic Systems confirms. b. On-Site Activities: (1 person, 5 days on-site, after delivery) 1. Rack/Stack - 1 ODA and 1 expansion storage shelf. II. Physical Network, Fort Collins provides network cabling, etc. 111. Physical power hookup. Fort Collins to provide power receptacles. Iv. ODA Software Installation, Bare Metal Option. 1. Operating Systems 2. Grid Infrastructure 3. Oracle Database Software (11.2.0.4) v. Automatic Service Request Configuration. v1. Confirm/apply latest patches for Appliance. vii. 2nd Storage shelf configuration viii. Create 2 custom database listeners. Ix. Create 4 databases x. Target Week of April 7th for on-site work (assumes order placed by March 1ih). Once completed, the project should be completed. 3) Optional recommended services - not included as part of the service work- please see attachment section for further details. DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 TRAVEL AND EXPENSES Cost breakdown from Los Angeles (only actuals will be billed): a.Travel Expense: $1,850.00 1. Airfare Estimate:$700.00 ii. Hotel 5 nights@ $100/night: $500.00 m. Per Diem: $100/day 5 days: $500.00 b. Rental Car: $150.00/week DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 Dynamic Systems , Inc. RFP # 7609 REFERE NCES Since our subcontractor partner has implemented environments very similar to Fort Collins, we have included three of their references below. Company Name: Contact Name: Phone Number: Email Address: On-Assignment Carol Dingle 818-871-3303 Carol. Ding le@onassignment.com Brief description of project scope and value: Status of project: Company Name: Contact Name: Phone Number: Fax Number: Email Address: On-Assignment purchased 3 ODAs that were deployed to their Utah data center in June 2012. Deployed resources on-site to rack/stack the 3 ODAs, configure and create databases on each ODA. In May 2013, On- Assignment purchased 1 additional ODA for development and testing purposes. Completed Rentrak Tim Pitzer 503.284. 7581 ext. 471 800.656. 7806 tep@rentrak.com Brief description of project scope and value: Status of project: City of Fort Collins Rentrak purchased 2 ODAs in October 2012. One for production and one for Disaster Recovery. Performed the installation, configuration, database creation, backup/recovery procedures, and network settings for both systems. Complete Oracle Database Appliance Page 10 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 Dynamic Systems, Inc. RFP # 7609 Company Name: Contact Name: Phone Number: Fax Number: Call Source Jason Scinocca 888-209-4050 888-299-0182 Email Address: jscinocca@callsource.com Brief description of project scope and value: Status of project: City of Fort Collins CallSource purchased the first ODA sold by Oracle to a customer in November 2011. Performed full installation, configuration, database creation and migration. CallSource purchased a second ODA in November 2013 and again, we performed the full installation, configuration, database creation and data migration. For the second project, they are moving the original ODA to their Chicago office for DR purposes. Two ODA project installations are completed. DR project is in progress. Oracle Database Appliance Page 1 ·1 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 PAST EXPERIENCE Our subcontractor partner sold and installed the first Oracle Database Appliance for Oracle in November 2011. The two engineers who worked on that installation were William Klope and Mike Whitmore, both who are targeted to address the installation of this project. Prior to that installation, they have worked on a beta version of the ODA called Comet during the August/September 2011 timeframe. Since then, they've installed and configured 25 ODA units across 15 customers. DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 SUBCONTRACTOR Cloud Creek Systems, Inc. will act as Dynamic Systems' subcontractor for this solution. Services: ODA Services described in bid Specifications 5 - A-C, which includes 100% of the Pre-installation Activities and On-Site Activities, as well as the Optional Recommended Services offered. ;( DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 7609 Oracle Database Appliance Page 10 of 11 EXHIBIT B 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 Agreement for all of the Service Provider's employees engaged in work performed under this agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. 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. DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 7609 Oracle Database Appliance Page 11 of 11 EXHIBIT C CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53 CERTIFICATE.OF.LIABILITY.INSURANCE RL DATE (MM/DD/YYYY) R001 3/18/2014 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: AUTOMATIC DATA PROCESSING INS AGCY PHONE (A/C, No, Ext): FAX (A/C, No): 250717 P: F: E-MAIL ADDRESS: PO BOX 33015 INSURER(S) AFFORDING COVERAGE NAIC# SAN ANTONIO TX 78265 INSURER A : Sentinel Ins Co 11000 INSURED INSURER B : INSURER C : DYNAMIC SYSTEMS INC. INSURER D : 124 MARYLAND ST INSURER E : EL SEGUNDO CA 90245 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N/ A X PER STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) Y/N E.L. EACH ACCIDENT $1,000,000 A 76 WBG EV0564 12/01/2013 12/01/2014 E.L. DISEASE- EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Collins 215 N MASON ST FL 2 FORT COLLINS, CO 80524 AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 29817344-B429-497F-8B9A-76EFCAA8EB53