HomeMy WebLinkAboutCORRESPONDENCE - PURCHASE ORDER - 9163854Statement of Work for City of Fort Collins Data Center Hardware Maintenance DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 2 of 14 Contents 1 INTRODUCTION ........................................................................ 3 2 TERM .................................................................................... 3 3 SUMMARY OF SERVICE ................................................................ 3 4 SCOPE OF SERVICE .................................................................... 3 Data Center Hardware Maintenance ................................................................ 3 4.1 Introduction ..................................................................................... 3 4.2 Detailed Description ........................................................................... 4 4.3 Customer Responsibilities .................................................................... 5 4.4 Assumptions ..................................................................................... 5 4.5 Out of Scope .................................................................................... 6 4.6 Schedule / Timeline / Milestones ........................................................... 7 4.7 Service Hours ................................................................................... 7 4.8 SLOs/SLAs/KPIs or Performance Targets ................................................... 7 4.9 Deliverables ..................................................................................... 8 5 PRICING ................................................................................. 8 5.1 Purchase Order Amount ....................................................................... 9 5.2 One-Time Charge Based Upon Effective Date ............................................. 9 5.3 Expenses ......................................................................................... 9 6 CHANGE MANAGEMENT PROCESS ................................................. 10 7 OTHER PROVISIONS ................................................................. 10 8 GENERAL .............................................................................. 11 9 SIGNATURES .......................................................................... 12 Appendix A Supported Sites ........................................................... 13 Appendix B Contact Summary ......................................................... 14 © Copyright 2016. Dell Inc. All rights reserved. DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 3 of 14 1 INTRODUCTION This Statement of Work (“SOW”) sets forth the Services (as defined herein) to be provided by Dell Marketing L.P. (“Dell”) to City of Fort Collins (“Customer”). The Services provided under this SOW are governed by and subject to the terms and conditions specified in the Commercial Terms of Sale, which is available at www.dell.com/CTS and in hardcopy from Dell upon request and incorporated by reference in its entirety into this SOW, and the parties acknowledge having read and agree to be bound by such online terms, (the “Agreement”). 2 TERM The term of this SOW shall begin on the date of the last signature (“Effective Date”) as set forth in the Signature Section of this SOW; however, the actual Services begin on the start date as stated in Section 5.2 and unless terminated in accordance with this SOW or the Agreement, the SOW shall expire on the end date of Services as stated in Section 5.2. Further, in the event the term of this SOW extends beyond one (1) year, Dell reserves the right to revisit the pricing on each anniversary of the Effective Date. 3 SUMMARY OF SERVICE Dell will provide the services as specifically described herein (the “Services”), which include the following: Statement of work to meet customer requirements of:  Data Center Hardware Maintenance 4 SCOPE OF SERVICE Data Center Hardware Maintenance 4.1 Introduction Our Service First Philosophy provides customers with total confidence. Customers consistently find it in every aspect of our relationship with their company, including our responsive contact center and accessible field engineering teams to our geographically distributed inventory, which allows for parts local to the Customer. Maximizing uptime is our first order of business.  Flexible and customizable service level agreements  Direct access to Level III and field service engineers  Live, domestic call center responses, not an automated voice system We singularly focus on ensuring that the Customer’s data center hardware is functioning at maximum uptime. We promise each customer responsiveness, accountability, collaboration, and honesty. DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 4 of 14 4.2 Detailed Description Dell will provide on-site hardware maintenance service to Customer for equipment listed in Section 5.2 (“One-Time Charge Based Upon Effective Date”). Start date and end date for maintenance on the In- scope Equipment can be located on the Equipment Schedule in Section 5.2. On-site hardware maintenance service includes required labor and parts for the resolution of hardware-related issues related to In-scope Equipment at the service level defined on the Equipment Schedule in Section 5.2. Equipment adds must be documented in writing using the Change Management Process outlined in Section 6. 1) Contact Center Help Desk North America Phone: 800-343-4654 International Phone: 00-1-508-449-4996 E-mail: service@parkplacetech.com a) 24 hours a day, 7 days a week, 365 days a year b) General phone support for the covered hardware c) General phone support for the covered operating system d) Opening of a support incident 2) Local Field Engineer (“FE”)Access a) Field Engineer will arrive within the contracted period of time with the correct part(s) in hand. b) Internal escalation to a Level 3 Engineer either by the Field Engineer or if requested by Customer. 3) Locally spared Parts a) Hardware parts are spared at local facilities around the country to meet SLA’s of the Customer Process Overview  Customer places support call by calling one of the numbers listed above.  Customer places support call from a location near the equipment with the issue.  Customer will need to provide the following information when calling the Partner Contact Center Help Desk: o Company name and address o Equipment site name and address (if different from company address) o Contact phone number o Service tag or serial number o Model or description of equipment o Brief description of problem type or any error messages being displayed (if applicable)  The Help Desk analyst will enter all the information provided by the Customer into the call tracking system and issue the Customer a reference number, which Customer will record.  The Help Desk analyst will then initiate preliminary problem determination. To assist with problem determination, Customer may be asked to perform some simple tasks at the hardware or system console.  If the call can be resolved over the phone, the resolution is determined and the support incident is closed. If the call cannot be resolved over the phone, the Help Desk analyst will dispatch a local FE with the appropriate part(s).  The FE will be dispatched to the site and will arrive on-site in accordance with the service level as defined in Section 5.2.  The FE will diagnose the problem and, if necessary, replace faulty parts.  The Help Desk analyst will continue to track the status of the call, updating the history with details such as the progress of the FE or the shipment of spare parts. DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 5 of 14  The Help Desk analyst will manage any escalated calls and continue to be the Customer’s focal point of contact. Escalation Procedure The Project Team recognizes that teamwork will be essential to resolving any areas of dispute that arise during the course of maintenance delivery. The Project Team will work together with Customer on Dell’s behalf to develop and implement solutions to any problems encountered during the deployment. If the Project Team encounters any unusual circumstances that prevent progress or completion of a work task or experiences local customer dissatisfaction or complaints, the FE will immediately escalate the issue to the Operations Manager by the most expedient means and processes available. 4.3 Customer Responsibilities Customer agrees generally to cooperate with Dell in its delivery of the Services. Customer agrees to the following responsibilities: 1) Prior to the start of this SOW, Customer will indicate to Dell in writing a person to be the single point of contact All Services communications will be addressed to such point of contact (the “Customer Contact”). 2) During the term of this SOW, Customer is responsible for promptly notifying Dell in writing of a) any changes Customer makes to its information technology environment that may impact Dell’s delivery of the Services; and b) if Customer becomes aware that any of the Assumptions set forth herein are incorrect. 3) Dell shall not be responsible for any delays in completing its assigned tasks to the extent that they result from Customer’s failure to provide such timely documentation, materials and assistance. 4) Customer Contact will ensure the Services personnel have reasonable and safe access to the Project site, a safe working environment, an adequate office space, and parking as required. 5) Customer will inform Dell of all access issues and security measures, and provide access to all necessary hardware and facilities. 6) Customer is responsible for ensuring the customer IT environment that directly or indirectly affects this statement of work is considered “healthy” by reasonably accepted industry norms. The customer will disclose any issues, configurations and/or errors which could impact the services to be performed under this statement of work. 7) Customer is responsible for ensuring that all software licensing required by the customer’s environment, whether to be deployed by Dell under this statement of work or not is up to date and compliant based on the software manufacturer’s licensing guidelines. 8) The customer is responsbile for communicating any issues or concerns during any Dell services project in a timely manner to the Dell assigned project manager and Dell account stakeholders. 4.4 Assumptions Dell has made the following specific assumptions while specifying the Services detailed in this SOW: 1) The provision of the Services does not include the development of any intellectual property created solely and specifically for the Customer under this SOW. 2) An Onsite and/or Virtual Audit may be held to discuss service delivery, discover any possible problems/risks and formulate an appropriate plan. DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 6 of 14 3) Work will be performed during the service level hours specified. Purchase of additional Services may be required, or travel expenses and time may be invoiced to the customer, if the customer requires work completed outside the scope of this SOW. 4) The Project Team will provide reactive firmware support services for OEM-Supported firmware revision levels. If OEM firmware and microcode updates are not part of a hardware break/fix service event, they are not included. Project Team will replace “with same” any OEM firmware/microcode/flare code required for resolving a hardware break/fix service incident, except in the event that Customer is running a lower version of flare code than is current. If Customer is not running the latest flare code and patch level release, Customer is responsible for acquiring the required firmware. 4.5 Out of Scope For the avoidance of doubt, the parties acknowledge that the following activities are not included in the scope of this SOW. 1) Any services, tasks or activities other than those specifically noted in this SOW. 2) Any Dell training or certification services not specifically described in this SOW. 3) Except as set forth herein, Dell is not responsible (including financial responsibility) for any Customer and/or third party personnel, hardware, software, equipment or other assets currently utilized in the Customer’s operating environment. 4) Electrical work external to the Equipment; 5) Modems/telephone lines; 6) Repair of damage which adversely affects the Equipment’s operability or serviceability. Damage is described as follows: caused by fire, flood, water, lightening, transportation, or due to neglect or misuse; 7) Repair of damage caused by the Customer’s improper use, management, or supervision of the Equipment, including electrical power, air conditioning, or humidity control, or damage which is caused by the use of the Equipment for purposes other than for which it is designed; 8) Furnishing platens, drums, batteries, supplies, or other accessories, including media such as tapes and disk packs; 9) Furnishing printer consumables: fusers, maintenance kits, feed rollers, separation, transfer toners, ribbons, thermal print heads, jet print head bleeder kits and lines, and scanner lamps or bulbs; 10) Systems engineering services or software support, including programming, diagnosis of application software problems, hardware or software upgrades, restoration of operating systems, programs, and files, or preparation of Customer’s media for such files; 11) Maintenance or repairs based on Customer’s unauthorized attempt to repair or maintain the Equipment, or any changes, modifications, or alterations in or to the Equipment. Customer will contact Project Team for authorization prior to attempting repair or maintenance of the covered Equipment. This SOW excludes any services on equipment not listed on the Equipment List located in Section 5.2. The exclusions also include, but are not limited to: a. Providing End User (Customer) orientation or training on the Equipment; b. Removal of viruses (Partner will, however, promptly notify the Customer or his or her designate upon discovery of any virus); DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 7 of 14 c. Disaster recovery, including but not limited to: re-imaging, reloading software applications, or recovering backup data; d. Server system administrations; e. Asset Management/Tracking Services. 4.6 Schedule / Timeline / Milestones Services will be limited to a period of time not-to-exceed 24 contiguous business months (the “Services Schedule”); such resource(s) will be available to Customer within the Service Hours as specifically detailed in Section 5.2 herein. 4.7 Service Hours Dell intends to provide the Services during the scheduled hours stated below (the “Service Hours”).  Service Hours are as defined in 4.8, Table 1. Services provided outside these times will be agreed-upon in writing by both parties, in advance and may be subject to additional fees.  Section 4.8 SLOs/SLAs/KPIs or Performance Target outlines the specific contract SLAs. 4.8 SLOs/SLAs/KPIs or Performance Targets Service will be provided as noted in Section 5.2.  7x24x4 Service Level o 24 hours a day, 7 days a week o Initial phone-based diagnosis o Field Engineer on-site (if required) within 4 hours after customer contact  5x8x Next Business Day Service Level o 9:00 AM to 5:00 PM, Monday through Friday, local time o Initial phone-based diagnosis o Field Engineer on-site (if required) the following business day after customer contact The baseline Service Level Objectives (SLOs) to be provided under this Service Level Agreement (SLA): 1. Service request: Acknowledgment time 2. Standard Hardware break/fix service request: As defined below in Table 1 Service Level Objectives, 'Number 2. DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 8 of 14 Table 1.1 Service Level Objective SLO Service Desc / Scope / Coverage SLO Expected Performance Level SLO Subject to Service Credits SLO Service Credit Trigger SLO Effective From SLO Measurement Window SLO Data Collection Tool and Reporting System 1. Service request acknowledgment time Hardware break/fix service requests 95.0% of all service requests acknowledged by Park Place Contact Center within thirty (30) minutes from notification by Customer No N/A See 5.1.4 for effective dates Monthly Park Place Contact Center Incident Tracking System 2.Standard 7x24x4 hardware break/fix service request – four (4) hour onsite response time Hardware break/fix Page 9 of 14 5.1 Purchase Order Amount The Total amount to be noted on the Purchase Order provided to Dell for this SOW is: USD $3,191.52. If this SOW includes estimates, invoices will be based on actuals usage or expenses incurred. 5.2 One-Time Charge Based Upon Effective Date Dell will invoice Customer the One-Time Charge based on the Equipment listed below and the Start and End Dates as listed in the chart below. One-Time Charge: USD $3,191.52. Provider Pricing Table Serial Description SLA QTY Location Start Date End Date Labor and Expense Total B5HZJN1 Brocade 300 SAN Switch - 8Gb 8/16/24-port FC 7x24x4 1 Fort Collins, CO 5/30/2016 5/29/2018 $3,191.52 GTHZJN1 Brocade 300 SAN Switch - 8Gb 8/16/24-port FC 7x24x4 1 Fort Collins, CO 5/30/2016 5/29/2018 Pricing on this SOW is valid only if SOW is signed and returned to Dell 5 business days prior to the start date(s) listed in this section 5.2. Specified Minimums: Two (2) hour minimum for all Out-of-Scope (T&M) work at a rate of $250/hour during regular business hours 9AM – 5PM and $357.14/hour after hours, weekends, and holidays. 5.3 Expenses Expenses are included in the Charges under this SOW. Unless the Scope changes, pursuant to the Change Management Process, Dell will not charge any additional expenses in connection with delivering the Services without the express written consent of Customer. Additional expenses could include Service-related expenses such as actual, reasonable and necessary travel and living expense. 5.3.1 Pricing Clauses: 1) Pricing – The terms of this SOW (including but not limited to the pricing) shall be valid for thirty (30) days following initial delivery date (“Initial Delivery Date”) of this SOW to Customer. In the event this SOW is executed by Customer and returned to Dell after such thirty (30) day period, DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 10 of 14 Dell may, in its sole discretion, (i) accept the SOW on the stated terms or (ii) reject the SOW and provide Customer with a revised SOW setting forth any necessary updates to the terms of the previous SOW. 2) The price for the Service is based on Customer’s environment as disclosed to Dell. If the assumptions, Customer responsibilities and parameters within the scope of the Service used to develop the SOW are found to be incorrect or have changed, the parties agree to pursue resolution through the Change Management Process set forth in this SOW. 3) If any of the volumetric assumptions used in this SOW (including, time on task, locations, service consumption, and/or configuration factors and excluding estimated hours or expenses) relied upon by Dell vary by +/- five (5%) percent, Dell has the right to adjust the pricing to reflect such changes. 4) Taxes - All prices are in USD and are exclusive of all applicable taxes 5) Warranty service fees are non-refundable. 6 CHANGE MANAGEMENT PROCESS The Change Management Process (“Change Management Process”) is the process that governs changes to the scope of the Service during the Term of this SOW, as described below. The Change Management Process may be used to modify the Service described in this SOW. Changes permitted to be made pursuant to this Change Management Process will be limited to changes to Section 3 (Summary of Service) and Section 4 (Scope of Service) and adjustments in Section 5 (Pricing) associated with changes to Sections 3 and 4 of this SOW. Either party may request a permitted change in the Scope of the Service by completing a Change Order Form at www.dell.com/servicecontracts/RFC The receiving party will review the proposed Change Order and will (i) approve it, (ii) agree to further investigation, or (iii) reject it. Changes agreed pursuant to the Change Management Process will not be effective until mutually executed by both parties. Any desired modifications to this SOW which are not permitted above in this Section 6, will require that a written amendment to this SOW or a new SOW be mutually executed by the parties. 7 OTHER PROVISIONS 1) Dell may use affiliates and subcontractors to perform Services. 2) Dell may perform all or part of the Services off-site at a Dell or other location. 3) Services may be performed outside the country in which Customer and/or Dell is located. From time to time, Dell may change the location where Services are performed and/or the party performing the Services; provided however, Dell shall remain responsible to Customer for the delivery of Services. 4) Customer acknowledges that Dell will request Customer’s participation in a Customer feedback survey. Additionally, Dell may approach Customer to serve as reference regarding Dell’s performance of the Services. If Customer agrees to be a reference, Customer and Dell will agree in writing to the terms of such reference. The Infrastructure Consulting References Program has DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 11 of 14 been developed to facilitate the confidential conversations between Dell customers and prospective accounts. a) Customers are invited to join the program at the conclusion of their project for a period of one year. b) We will only share your contact information to a potential customer who is interested in contacting you for a discussion on your previous experiences. c) We limit usage of your reference to no more than once/month. d) We will not publish your name, organization, or any customer identifiable details based on participation in this program. 5) If a conflict arises between the terms of the Purchase Order, SOW and Agreement, the following order of precedence shall be followed: first, the SOW; second, the Agreement; and third, the Purchase Order (if any). Provided, however, in no event will any terms and conditions contained in any Purchase Order apply irrespective of whether such terms and conditions are in conflict with or merely ancillary to any terms and conditions in the SOW or Agreement. 8 GENERAL Dell shall not be responsible for any delay or failure to provide Service to the extent caused by: (1) failures by Customer to perform its responsibilities under this SOW; (2) materially inaccurate assumptions; (3) a defect, deficiency or failure with respect to Customer’s network, systems, software, data or other equipment; or (4) modifications to Customer’s network, systems, or other equipment made by a party other than Dell or its representatives. In the event that either party becomes aware of the occurrence of one or more of the foregoing events, they shall notify the other party accordingly. Notwithstanding such occurrence, Dell may, following discussion with Customer regarding the impact of such incident, continue to provide the Service and shall use commercially reasonable efforts to perform the Service under this SOW. Customer shall reimburse Dell for its reasonable additional costs of providing the Service and out of pocket expenses for such efforts and only to the extent attributable to the items defined above. DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 12 of 14 9 SIGNATURES Dell and Customer have caused this SOW to be signed and delivered by their duly authorized representatives. City of Fort Collins By: ............................................. Printed: ............................................. Title: ............................................. Date: ............................................. Dell Marketing L.P. By: ............................................ Printed: ............................................ Title: ............................................ Date: ............................................ Please note that for administrative purposes only, Services may not be scheduled or commenced until Dell receives a Customer’s purchase order that references this SOW. Upon receipt and acceptance of the Customer’s purchase order, a Dell Project Manager will contact you to begin Services scheduling. Any additional and/or conflicting terms and conditions stated on Customer’s purchase order shall be void and have no effect on this SOW. Please fax a copy of your purchase order and this signed SOW (with all pages in full) to Fax: 512-283-7899, Attention: Services - Intake Manager, RE: 12420507 The purchase order amount should include estimated expenses, if they are billable. DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB 6/17/2016 Gerry Paul Director of Purchasing & Risk Management 6/17/2016 Project Manager Page 13 of 14 Appendix A Supported Sites The Services will be provided for the following supported sites during the term of this SOW. Additional supported sites may be included as mutually agreed using the Change Management process as defined in Section 6. Supported Site Address City State Zip/Postal QTY City of Fort Collins 215 N Mason St Fort Collins CO 80524 2 DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB Page 14 of 14 Appendix B Contact Summary Customer City of Fort Collins Contact Name: Roland Guerra Phone: 970-416-2813 Email: rguerra@fcgov.com Initial Delivery Date 05/04/2016 Document Author Cruz Fabian Solutions Architect, Global Presales Solutioning (GPS) Dell Global Deployment & Field Services 305-707-6286 Cruz_Fabian@Dell.com Dell Inside Contact Stephen D Moss Outside Sales Specialist III 512-513-0499 Stephen_D_Moss@Dell.com Customer Billing Contact Dell Segment Contact Maria E Salgado 512-715-7126 Maria_E_Salgado@Dell.com Locations where work will be performed See Appendix A Dell Opportunity Number 12420507 DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB service requests – onsite response time On-site response by service engineer within four (4) hours from receipt and acknowledgment of service request No N/A See 5.1.4 for effective dates Monthly Park Place Contact Center Incident Tracking System Table 1.1 – Service Level Objectives 4.9 Deliverables Intentionally left blank 5 PRICING This section describes the methodology for determining invoice amounts (the “Charges”) for the Services provided under this SOW. Customer hereby agrees to pay the Charges in accordance with the Invoicing and Payment terms of the Agreement and as further supplemented within this SOW. Charges shall be as follows: DocuSign Envelope ID: E9C81885-3443-44DC-8161-BFF803880AEB