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HomeMy WebLinkAboutBID - 8514 CISCO EQUIPMENT PURCHASE & SMARTNET MAINTENANCE (3)SERVICES 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.; DOING BUSINESS AS GTRI, 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 8514 Cisco Equipment Purchase and SmartNet Maintenance Contract 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 one (1) page 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. A general scope of services is attached hereto as Exhibit “B”, consisting of eleven (11) pages, and incorporated herein by this reference. 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. Irrespective of references in Exhibit A to certain named third parties, Service Provider shall be solely responsible for performance of all duties hereunder. 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. 2. 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. Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 1 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D 4. Contract Period. This Agreement shall commence June 1, 2017 and shall continue in full force and effect until May 31, 2018, 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. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 5. 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. 6. 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 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. Attn: Rick Haynes 990 S. Broadway, Suite 300 Denver, CO 80209 rhaynes@GTRI.com City of Fort Collins Attn: Bob Singleton 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 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 Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 2 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D Exhibit "B", consisting of eleven (11) 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 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. 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. 12. 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. 13. 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. 14. 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 Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 3 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D 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. 15. 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. 16. 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. 17. 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 representative, successors and assigns of said parties. 18. 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 Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein by this reference. The Service Provider before commencing services hereunder shall deliver Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 4 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D to the City's Purchasing Director, 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. 19. 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. 20. 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. 21. 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. 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 Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 5 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D 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. 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. 22. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, attached hereto and incorporated herein by this reference. Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 6 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: GLOBAL TECHNOLOGY RESOURCES, INC.; DOING BUSINESS AS GTRI By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 7 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D Gail Springer 6/2/2017 Director Federal Programs Assistant City Attorney 6/6/2017 City Clerk EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND GLOBAL TECHNOLOGY RESOURCES, INC.; AGREEMENT DATED: June 1, 2017 Work Order Number: Purchase Order Number: Project Title: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: Service Provider agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Services Agreement and this Work Order (including the attached forms) the 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. SERVICE PROVIDER By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS By:_________________________________ Project Manager Date: ______________________________ By: _______________________________ Gerry Paul Purchasing Director (over $60,000.00) Date: ____________________________ Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 8 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D BID 8514 EXHIBIT B GENERAL SCOPE OF SERVICES I) Purpose The City of Fort Collins has solicited bids from qualified Cisco partners to become the primary resource for purchasing Cisco hardware, software and SmartNet maintenance contract services. General Requirements Expanding, refreshing, and maintaining the City of Fort Collins network and telecommunications infrastructure requires the purchase of Cisco hardware, software, and SmartNet maintenance contract services. The City of Fort Collins has solicited bids from qualified Cisco partners to become the primary resource for purchases. A long-term relationship is desirable as it promotes business process efficiencies, predictability, and commitment. To that end, this Bid process is intended to result in a Work Order Services Agreement that may be renewed annually for a period not-to-exceed five years. Each purchase will be made on an as-needed basis and typically not exceed $100,000. This amount should not be interpreted as an indication of unit volume or a guarantee of future purchase volume. Hardware will be new equipment and not refurbished. Software will be Cisco or Cisco partner certified compatible. The scope of requirements does not include professional services. The provision of such services is defined and procured through a separate RFP process. However, the City of Fort Collins reserves the right to negotiate and acquire services under the provisions of a Work Order Services Agreement to be developed from this bid process at its sole discretion. II) 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 bid process: Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 9 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D • APC UPS, typically ranging in size from 1000 VA to 6000 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 bid process. Product delivery schedule information is included in the quote with emphasis noted for backorders exceeding two weeks after receipt of a purchase order from the City of Fort Collins. 3. Quotes must be delivered within a maximum of 3 business days unless otherwise communicated to City of Fort Collins IT staff prior. 4. Quotes shall be for new equipment unless specifically requested as refurbished. 5. All Cisco equipment shall be capable of being covered by Cisco SmartNet. 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. City of Fort Collins purchase order and quote numbers must appear on each invoice. Invoices will be addressed to City of Fort Collins IT, 215 N Mason, 3rd Floor. Invoices shall be sent to invoices@fcgov.com . 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 City of Fort Collins purchase order numbers. Invoices will be addressed to City of Fort Collins IT, 215 N Mason, 3rd Floor. Invoices shall be sent to invoices@fcgov.com . 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. 4. Invoices shall be received by the City of Fort Collins no later than 30 days following the delivery of the equipment. Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 10 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D 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 SmartNet coverage and type of coverage shall be at the discretion of City IT. Provider shall provide a current Cisco end-of-sale/end-of-life quarterly report to the IT Network Administration Manager. SmartNet renewals shall be provided to the IT Network Administration Manager 90 days prior to the annual renewal date for review. The City of Fort Collins requires three separate SmartNet maintenance contracts. One is specific to the network and telecommunications inventory of the City of Fort Collins Network. The second is specific to the inventory of the Poudre River Library District Network. The third is specific to the inventory of the MAXBRT Network. 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 “City of Fort Collins Network” or “Poudre River Library District“ or “MAXBRT” as 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 Network, MAXBRT Network and the Poudre River Library District Network accounts. The quote will list the following: • Line number • Quantity • Item Number (Cisco) Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 11 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D • 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 April 1st (4/1) of the award year until March 31st (3/31) the following year. The City of Fort Collins Network Administration Manager or designated representative will approve renewals. III) Method of Payment The hardware, software and SmartNet Service Provider shall receive payments for the satisfactory receipt of purchased hardware/software and for the accurate accounting of City of Fort Collins, MAXBRT and Poudre River Library District owned inventory pertaining to the SmartNet contract. Invoices will be addressed to City of Fort Collins IT, 215 N Mason, 3rd Floor. Invoices shall be sent to invoices@fcgov.com. Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 12 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D All invoices submitted by the Service Provider will be reviewed and authorized for payment by the City of Fort Collins Network Administration Manager. IV) Terms and Conditions Payment for services, as described under the Scope of Services, shall be based upon Cisco Partner discounts. The Cisco discount submitted in the Pricing Matrix, “Exhibit B,” shall establish a “not to exceed” amount for the annual Service Agreement. Any changes in scope to the original Service Agreement will be treated as a negotiated change order to the contract. V) Contract Term The City of Fort Collins at its option may extend the Service Agreement for a maximum of four (4) additional one year periods. The City of Fort Collins Network Administration Manager or designated representative will approve renewals. VI) Project Management Primary Project Management Director for Global Technology Resources, Inc. (GTRI): Rick Haynes Phone, Office: 303-991-2186 Phone, Cell: 719-433-6814 Email: rhaynes@GTRI.com Account Executive & Primary Point of Contact for GTRI: Todd Olson Phone, Office: 303-991-2172 Phone, Cell: 303-594-5703 Email: tolson@GTRI.com Inside Sales Account Manager for GTRI: Tara Jones Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 13 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D Phone, Office: 720-836-7508 Phone, Home: 307-760-9638 Email: tjones@GTRI.com Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 14 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D EXHIBIT “B Part Number Quantity Annual SmartNet Price/Unit Extended Annual SmartNet Price L-CCX-70-P-SEAT1 35 $ 236.80 $ 8,288.00 LIC-CUCM-BASIC-A 26 $ 5.34 $ 138.94 LIC-CUCM-ESS-A 33 $ 1.61 $ 53.06 LIC-CUCM-USR-A 1297 $ 8.82 $ 11,444.73 L-LIC-CT2504-5A 10 $ 27.04 $ 270.40 L-LIC-CT5508-100A 275 $ 12.29 $ 3,379.20 L-PI-1.1-100-ADD 450 L-UNITYCN8-USR 1505 $ 12.00 $ 18,060.00 R-VMW-UC-FND5-K9 6 $ 240.00 $ 1,440.00 R-W-PI11-50-M-K9 1 CSACS-5.3-VM-K9 1 L-CSACS-54VMUP-K9 1 $ 44,917.54 PRICING MATRIX Contract Type: ECMU Type Subtotals: Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 15 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D WS-C2960-48PST-L 1 $ 6,123.20 $ 6,123.20 WS-C2960-8TC-L 1 $ 36.00 $ 36.00 AIR-BR1310G-A-K9 44 $ 55.66 $ 2,449.22 AIR-BR1310G-A-K9-R 14 $ 65.29 $ 914.10 AIR-LAP1131AG-A-K9 6 $ 64.00 $ 384.00 ASA5540-BUN-K9 2 $ 2,344.80 $ 4,689.60 FLASR1-FW-RTU= 2 $ 528.00 $ 1,056.00 FL-CUBEE-25-RED 2 $ 499.20 $ 998.40 PI-UCS-APL-K9 1 $ 1,237.22 $ 1,237.22 SLASR1-AIS 2 $ 528.00 $ 1,056.00 SPA-1X10GE-L-V2= 4 $ 235.66 $ 942.66 VG202 29 $ 67.78 $ 1,965.60 VG202XM 25 $ 53.25 $ 1,331.20 VG204 23 $ 108.83 $ 2,503.20 VG204XM 13 $ 76.73 $ 997.48 VG224 13 $ 396.80 $ 5,158.40 VG224-MP 9 $ 396.80 $ 3,571.20 VG310 1 $ 161.39 $ 161.39 WS-C2960-24PC-L 28 $ 144.80 $ 4,054.40 WS-C2960-48PST-L 24 $ 255.13 $ 6,123.20 WS-C2960C-8PC-L 18 $ 42.40 $ 763.20 WS-C2960CG-8TC-L 14 $ 42.40 $ 593.60 WS-C2960CX-8PC-L 4 $ 17.00 $ 68.00 WS-C2960S-24PS-L 7 $ 132.00 $ 924.00 WS-C2960S-24TS-L 13 $ 150.40 $ 1,955.20 WS-C2960X-48FPS-L 70 $ 231.08 $ 16,175.34 WS-C2960X-48LPS-L 5 $ 225.28 $ 1,126.40 WS-C2960X-48TS-L 3 $ 20.64 $ 61.91 WS-C3560-12PC-S 9 $ 20.98 $ 188.80 WS-C3560-8PC-S 40 $ 68.04 $ 2,721.60 WS-C3560CX-12TC-S 2 $ 87.84 $ 175.69 WS-C3560X-24P-E 3 $ 256.80 $ 770.40 WS-C3560X-24P-S 10 $ 256.80 $ 2,568.00 WS-C3560X-24T-S 2 $ 216.80 $ 433.60 WS-C3560X-48P-S 2 $ 226.80 $ 453.60 WS-C3650-24PD-S 25 $ 26.62 $ 665.60 WS-C3650-24TS-S 2 $ 99.79 $ 199.57 WS-C3650-48PS-S 3 $ 631.47 $ 1,894.40 WS-C3750V2-48PS-S 11 $ 408.00 $ 4,488.00 WS-C3750X-24P-S 17 $ 346.35 $ 5,888.00 Type Subtotals: $ 87,867.38 Contract Type: SNT Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 16 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D WS-C3750X-24T-L 2 $ 262.40 $ 524.80 WS-C3750X-24T-S 5 $ 262.40 $ 1,312.00 WS-C3750X-48P-S 2 $ 982.80 $ 1,965.60 WS-C3750X-48T-S 9 $ 128.89 $ 1,160.00 WS-C3850-12XS-S 11 $ 647.23 $ 7,119.49 WS-C3850-24P-S 9 $ 250.82 $ 2,257.41 WS-C3850-48T-L 2 $ 448.80 $ 897.60 WS-C4900M 2 $ 4,132.80 $ 8,265.60 ASR1002-X 2 $ 1,742.40 $ 3,484.80 CISCO2901-SEC/K9 4 $ 212.92 $ 851.68 C1-CISCO4431/K9 3 $ 484.80 $ 1,454.40 CISCO2921-SEC/K9 3 $ 173.33 $ 520.00 $ 29,813.38 Contract Type: SNT Type Subtotals: Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 17 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D Part Number Quantity Annual SmartNet Price/Unit Extended Annual SmartNet Price UCS-C200M2-VCD2 2 $ 172.70 $ 345.41 N5K-C5548UP-BUN 1 $ 1,806.40 $ 1,806.40 WS-C4900M 2 $ 4,132.80 $ 8,265.60 N2K-C2248TP-BUN 4 $ 236.80 $ 947.20 WS-C6509-E 2 $ 8,736.00 $ 17,472.00 UCS-C210M2-VCD2 4 $ 334.00 $ 1,336.00 $ 30,172.61 $ 192,770.90 PRICING MATRIX Contract Type: SNTP Type Subtotals: Equipment and Maintenance Totals: Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 18 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D UCS Product Families (Blade Servers, Rack Servers, Management Software, Fabric Interconnect) = 60.1% off List. VAR related licensing (e.g. CallRex/TelRex, Ipcelerate, RightFax) discount pricing % = 7% Off List *Please note, all of the above pricing is the base level of discount per purchase order. Additional discounts may be available on a project by project basis and can be discussed during project scoping. **Please note, this pricing does not apply to subscription based licensing as Cisco is changing these in their next fiscal year. Service Provider will make every attempt to honor this discount level for subscription based licensing as well but we will need to review on an individual purchase basis. Service Provider recommends revisiting subscription based pricing in September 2018 once Cisco pricing has been published for subscription based licensing. ****Service Provider Notes: Column E is an average Annual SMARTnet Price/Unit due to possible variances in Period of Performance Dates. Cisco hardware discount pricing (%) < = $100K list = 41.3% off from $0 to $11,999 List; 45% Off from $12,000 to $99,999 List Cisco hardware discount pricing (%) > $100K list = 46% Off from $100,000 to $499,999 list; 48% off list for $500,000 & Over SmartNet discount pricing (%) = 21.1% off List. SmartNet Maintenance pre-pay 3 year = 25.1% off List. APC UPS discount pricing (%) = 5% Off List Cisco licensing discount pricing % = 41.3% off from $0 to $11,999 List **; 45% Off from $12,000 to $99,999 List**; 46% Off from $100,000 to $499,999 list**; 48% off list for $500,000 & Over** NOTES of Exception, Clarification, Volume Pricing Discounts, Etc.: Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 19 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D 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 reduce coverage or limits and will not be cancelled, except after thirty (30) 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 $1,000,000 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. Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 20 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D EXHIBIT D 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. Services Agreement - Work Order Type 8514 Cisco Equipment Purchase and SmartNet Maintenance Page 21 of 21 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME: CONTACT (A/C, No): FAX E-MAIL ADDRESS: PRODUCER (A/C, No, Ext): PHONE INSURED COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS 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). THIS CERTIFICATE IS 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ PROPERTY DAMAGE $ BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS AUTOS AUTOS NON-OWNED HIRED AUTOS ALL OWNED SCHEDULED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- STATUTE PER (MM/DD/YYYY) LIMITS POLICY EXP (MM/DD/YYYY) POLICY EFF LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $ $ OCCUR CLAIMS-MADE DED RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD FT. COLLINS, CO 85022 PO BOX 580 PURCHASING DEPT. CITY OF FT. COLLINS Certificate Holder is listed as an additional insured under the General Liability and Auto Liability policy in accordance with all the terms, conditions and limitations of the policy and then only for liability caused by the negligent acts of the named insured and then only as their interest may appear. EACH OCCURRENCE: $5,000,000 5086291169 6/1/17 6/1/18 AGGREGATE $5,000,000 PROF LIAB (TECH E&O LIAB) CYBER / NETWORK SECURITY LIAB C 1,000,000 1,000,000 1,000,000 B N 4030406101 6/1/17 6/1/18 6,000,000 6,000,000 5086291172 6/1/17 6/1/18 10,000 A 1,000,000 D 5086291155 6/1/17 6/1/18 2,000,000 2,000,000 1,000,000 5,000 1,000,000 1,000,000 A Y 5086291169 6/1/17 6/1/18 VALLEY FORGE INS. CO 20508 CONTINENTAL CASUALTY 20443 CONTINENTAL INS. CO. 35289 NATIONAL FIRE INS. CO OF HARTFORD 20478 Denver CO 80209 990 S. Broadway #300 Global Technology Resources, Inc. gfriedman@confluenceinsurance.com (303) 825-7212 Gary Friedman Denver CO 80218 1600 Emerson St. ONE, INC. DBA CONFLUENCE 6/1/2017 DocuSign Envelope ID: A3E8022F-1A1A-482E-BCEF-036ED9A0635D